The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 29 V.S.A. § 405)
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§ 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(c) [Repealed.]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.)