§ 401. Policy
Lakes and ponds that are public waters of Vermont and the lands lying thereunder are
a public trust, and it is the policy of the State that these waters and lands shall
be managed to serve the public good, as defined by section 405 of this title, to the extent authorized by statute. For the purposes of this chapter, the exercise
of this management shall be limited to encroachments subject to section 403 of this title. The management of these waters and lands shall be exercised by the Department of
Environmental Conservation in accordance with this chapter and the rules of the Department.
For the purposes of this chapter, jurisdiction of the Department shall be construed
as extending to all lakes and ponds that are public waters and the lands lying thereunder,
which lie beyond the shoreline or shorelines delineated by the mean water level of
any lake or pond that is a public water of the State, as such mean water level is
determined by the Department. For the purposes of this chapter, jurisdiction shall
include encroachments of docks and piers on the boatable tributaries of Lake Champlain
and Lake Memphremagog upstream to the first barrier to navigation, and encroachments
of docks and piers on the Connecticut River impoundments and boatable tributaries
of such impounds upstream to the first barrier to navigation. No provision of this
chapter shall be construed to permit trespass on private lands without the permission
of the owner. (Added 1967, No. 308 (Adj. Sess.), § 1, eff. March 22, 1968; amended 1969, No. 281 (Adj. Sess.), § 1; 1975, No. 162 (Adj. Sess.), § 1, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 110, eff. Jan. 31, 2005; 2009, No. 117 (Adj. Sess.), § 1.)
§ 402. Definitions
Whenever used in this chapter, unless a different meaning clearly appears from the
context:
(1) “Board” means the Land Use Review Board.
(2) “Department” means the Department of Environmental Conservation.
(3) “Encroach” means to place or cause to be placed any material or structure in any lakes
and ponds that are public waters or to alter, or cause to be altered, the lands underlying
any waters, or to place or cause to be placed any bridge, dock, boathouse, cable,
pipeline, or similar structure beyond the shoreline as established by the mean water
level of any lakes and ponds that are public waters under the jurisdiction of the
Board.
(4) “Navigable water” or “navigable waters” means those waters as defined in 10 V.S.A. § 1422(4).
(5) “Person” means any individual; partnership; company; corporation; association; joint
venture; trust; municipality; the State of Vermont or any agency, department, or subdivision
of the State; any federal agency; or any other legal or commercial entity.
(6) “Public good” means that which shall be for the greatest benefit of the people of
the State of Vermont.
(7) “Public waters” means navigable waters excepting those waters in private ponds and private preserves as set forth in 10 V.S.A. § 1442. (Added 1967, No. 308 (Adj. Sess.), § 2, eff. March 22, 1968; amended 1975, No. 162 (Adj. Sess.), § 2, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 111, eff. Jan. 31, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2023, No. 79, § 3, eff. July 1, 2023.)
§ 403. Encroachment prohibited
(a)(1) Except as provided in subsection (b) of this section, no person shall encroach on
any of those waters and lands of lakes and ponds under the jurisdiction of the Department
without first obtaining a permit under this chapter.
(2) Except as provided in subsection (b) of this section, no person shall encroach on
the following waters with a dock or pier without first obtaining a permit under this
chapter:
(A) boatable tributaries of Lake Champlain and Lake Memphremagog upstream to the first
barrier to navigation; and
(B) Connecticut River impoundments and boatable tributaries of such impoundments upstream
to the first barrier to navigation.
(3) No permit shall be granted if the encroachment adversely affects the public good.
(b) A permit shall not be required for the following uses provided that navigation or
boating is not unreasonably impeded:
(1) wooden or metal docks for noncommercial use mounted on piles or floats provided that:
(A) the combined horizontal distance of the proposed encroachment and any existing encroachments
located within 100 feet thereof that are owned or controlled by the applicant do not
exceed 50 feet and their aggregate surface areas do not exceed 500 square feet; and
(B) concrete, masonry, earth or rock fill, sheet piling, bulkheading, cribwork, or similar
construction does not form a part of the encroachment;
(2) a water intake pipe not exceeding two inches inside diameter;
(3) temporary extensions of existing structures added for a period not to exceed six months,
if required by low water;
(4) ordinary repairs and maintenance to existing commercial and noncommercial structures;
(5) duck blinds, floats, rafts, and buoys.
(c) Existing encroachments shall not be enlarged, extended, or added to without first
obtaining a permit under this chapter, except as provided in subsection (b) of this
section.
(d) This chapter shall not apply to encroachments subject to the provisions of 10 V.S.A.
chapter 43, concerning dams, or regulations adopted under the provisions of 10 V.S.A. § 1424 concerning public waters.
(e) This section shall not apply to the installation on lake bottoms of small filtering
devices not exceeding nine square feet of disturbed area on the end of water intake
pipes less than two inches in diameter for the purpose of zebra mussel control. (Added 1967, No. 308 (Adj. Sess.), § 3, eff. March 22, 1968; amended 1975, No. 162 (Adj. Sess.), § 3, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.) § 41; 1993, No. 233 (Adj. Sess.), § 52, eff. June 21, 1994; 2009, No. 117 (Adj. Sess.), § 2.)
§ 404. Application for construction
(a) An application for a permit to encroach shall be filed with the Department. The application
shall set forth the location, type, size, and shape of the encroachment and the plans
and specifications to be followed in the construction.
(b) The Department may conduct hearings, investigations, examinations, tests, and site
evaluations necessary to verify information contained in the application. An applicant
shall grant the Department permission to enter upon his or her land for these purposes. (Added 1967, No. 308 (Adj. Sess.), § 4, eff. March 22, 1968; amended 1981, No. 222 (Adj. Sess.), § 41.)
§ 405. Investigation and determination of public good
(a) When an application is filed under this chapter, the Department shall proceed in accordance
with 10 V.S.A. chapter 170.
(b) In determining whether the encroachment will adversely affect the public good, the
Department shall consider the effect of the proposed encroachment as well as the potential
cumulative effect of existing encroachments on water quality, fish and wildlife habitat,
aquatic and shoreline vegetation, navigation, and other recreational and public uses,
including fishing and swimming, consistency with the natural surroundings, and consistency
with municipal shoreland zoning ordinances or any applicable State plans. If the Department
determines, after reviewing the applications, the written comments filed within the
notice period, and the results of the investigation, that the proposed encroachment
will not adversely affect the public good, the application shall be approved.
(c) [Repealed.]
(d) A permit issued pursuant to this section shall be effective on the date that it is
signed and issued to the applicant. (Added 1967, No. 308 (Adj. Sess.), § 5, eff. March 22, 1968; amended 1975, No. 162 (Adj. Sess.), § 4, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 2015, No. 150 (Adj. Sess.), § 32, eff. Jan. 1, 2018; 2021, No. 170 (Adj. Sess.), § 14, eff. July 1, 2022; 2023, No. 79, § 16, eff. July 1, 2023.)
§ 406. Appeals
Appeals of any act or decision of the Department under this chapter shall be made
in accordance with 10 V.S.A. chapter 220. (Added 1967, No. 308 (Adj. Sess.), § 6, eff. March 22, 1968; amended 1975, No. 162 (Adj. Sess.), § 5, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.) § 41; 2003, No. 115 (Adj. Sess.), § 112, eff. Jan. 31, 2005.)
§ 407. Repealed. 2003, No. 115 (Adj. Sess.), § 119(b), eff. Jan. 31, 2005.
§ 408. Permit
(a) A permit may contain any conditions that the Department considers necessary to protect
the public good.
(b) No person granted a permit under this chapter is relieved of the responsibility to
comply with any other applicable federal, State, and local laws, regulations, and
permits.
(c) A permit may be revoked by the Department in the event of violation of any condition
attached to the permit.
(d) Temporary emergency permits may be issued, pursuant to 3 V.S.A. § 2822(c). (Added 1967, No. 308 (Adj. Sess.), § 8, eff. March 22, 1968; 1975, No. 162 (Adj. Sess.), § 7, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 2003, No. 82 (Adj. Sess.), § 7; 2003, No. 115 (Adj. Sess.), § 113, eff. Jan. 31, 2005.)
§ 409. Injunction
Any person aggrieved by any violation of this chapter, or the Attorney General at
the request of the Department, may institute any appropriate action in the Superior
Court of the county in which a proposed or existing encroachment is located to prevent,
restrain, correct, or abate any violation of this chapter or of the conditions of
any permit issued under this chapter. (Added 1967, No. 308 (Adj. Sess.), § 9, eff. March 22, 1968; amended 1969, No. 281 (Adj. Sess.), § 2; 1971, No. 185 (Adj. Sess.), § 208, eff. March 29, 1972; 1975, No. 162 (Adj. Sess.), § 8, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 2003, No. 115 (Adj. Sess.), § 114.)
§ 410. Rulemaking; encroachments on public waters
The Department may adopt rules to implement the requirements of this chapter. (Added 2011, No. 138 (Adj. Sess.), § 25, eff. May 14, 2012.)