Rule No.1 Definitions
For the purpose of these regulations the terms defined in
this section have the following meanings ascribed to them:
a. "Anchoring" shall mean to secure a boat
within a Mooring Management Zone by use of an anchor for a period not exceeding
72 hours. Boats anchored within a Mooring Management Zone for a period
exceeding 72 hours shall be considered to be moored.
b. "Board" shall mean the Vermont Water
Resources Board.
c. "Boat" means
every description of watercraft used or capable of being used as a means of
transportation on water including but not limited to amphibian or pontoon
aircraft.
d. "Colonial Method"
shall mean drawing a base line between the two corners of any shoreline
property where they meet the shore as defined by the ordinary highwater level.
From these two corners extend parallel lines at a 90 degree angle from the base
line. Where the extension of such lines by contiguous property owners encompass
the same area, it shall be divided by a line bisecting the area of such
overlap. On Lake Champlain, the ordinary highwater level shall be 98.0 feet
above mean sea level.
e. "Marina"
shall mean any facility or property used for the purpose of providing access to
public waters including parking facilities or other services for five or more
moorings, whether or not a full range of services and facilities is provided
for value which may consist of a fee, contribution, donation, barter or other
consideration.
f. "Moor" and
"Mooring" shall mean to secure a boat other than by anchoring as defined above
to any floating object, structure or other device located beyond the shoreline
of any navigable body of water. For purposes of these regulations, where two or
more boats are secured to the same floating object, structure or other device,
each boat shall be considered a separate mooring.
g. "Mooring Management Zone" shall mean
clearly delineated areas of Lake Champlain and its tributaries within which the
Water Resources Board has determined that the placement of moorings requires
regulation in the public interest.
h. "Person" shall mean an individual,
partnership, corporation, association, unincorporated organization, trust or
other legal or commercial entity, including a joint venture or affiliated
ownership. The word "Person" also means a municipality or state
agency.
Rule No.2
Marinas
Within 90 days of the effective date of these regulations,
and annually thereafter, the owner or operator of all marinas as defined by
rule 1(e) above located on Lake Champlain or its navigable tributaries shall
provide in writing, on forms made available by the Board, the following
information:
a. Name and mailing
address of the owner and operator of the marina.
b. A map showing the location of the
marina.
c. The number of boats
moored as of July 1st.
d. Such
additional information as the Board may require.
Rule No.3 Designation of Mooring Management
Zones
a. General
In accordance with the provisions of
10 V.S.A., section
1424, the Board may designate areas of Lake
Champlain or its navigable tributaries within which the mooring of boats shall
be regulated in accordance with the provisions set forth below.
b. Petitions - Who can file
Upon receipt of a petition filed in accordance with the
provisions of this rule (see c below) by not less than 10 freemen or an
organization with not less than 25 members or the legislative body of a
municipality, or upon its own motion, the Board shall hold a public hearing to
consider the designation of a Mooring Management Zone.
c. Petitions - Form
Petitions to establish a new Mooring Management Zone or to
change the configuration of an existing Mooring Management Zone shall include
the following information:
(1) A
verbal description, including distances, compass bearings, and references to
readily identifiable landmarks of the area for which Mooring Management Zone
designation is sought.
(2) One copy
of the appropriate U.S. Lake Survey Chart showing the boundaries of the
proposed Mooring Management Zone.
(3) One copy, if applicable, of an adopted or
proposed municipal bylaw providing for local administration of the Water
Resources Board's boat mooring regulations (see rule 4).
(4) A description of any areas within the
proposed Mooring Management Zone from which boat moorings should be excluded or
otherwise restricted by Board Order.
(5) A description of any other uses of the
public waters within the Mooring Management Zone, for which the regulation by
the Water Resources Board is sought.
d. Hearings and Public Notice
A public hearing to consider the designation of a Mooring
Management Zone shall be held at a location convenient to the waters affected
following not less than 15 days public notice. Public notice shall be provided
by publication of a legal notice in a newspaper generally circulating the area
affected and by mailing a copy of the legal notice to the Town Clerk, Town
Board of Selectmen, Town Planning Commission and Regional Planning Commission
adjacent to the waters affected and to the Secretary of the Agency of
Environmental Conservation.
e. Mooring Management Zone - Criteria
In considering whether to establish or modify a Mooring
Management Zone, the Board shall determine whether or not such action is in the
public interest and shall consider the following criteria:
(1) The size, flow and depth of the waters
affected.
(2) The predominant use
of the adjacent lands and shoreline.
(3) The predominant use of the waters prior
to regulation.
(4) The uses for
which the water or the lands lying thereunder are adaptable.
(5) The scenic beauty and recreational uses
of the area.
(6) The need for
protection of fish and wildlife habitat and rare or irreplaceable natural
areas.
(7) The provisions of any
and all applicable and duly adopted municipal shoreland ordinances, municipal
plans or regional plans.
f. Orders Establishing Mooring Management
Zones
Upon an affirmative determination by the Board that the
establishment or modification of a Mooring Management Zone is in the public
interest, it shall promulgate a rule which provides for the following:
(1) Delineation of the boundaries of the
Mooring Management Zone.
(2)
Delineation of the areas in the Mooring Management Zone within which boat
moorings are to be restricted or prohibited.
(3) Those uses, if any, within the designated
Mooring Management Zone other than the mooring of boats which shall be subject
to regulation.
(4) Such other
provisions as the Board deems to be in the public interest.
g. Changes to Mooring Management
Zones
Any changes to the boundaries of an existing Mooring
Management Zone shall be subject to the notice requirements set forth in rule
3(d) above. A public hearing on such changes may be held by the Board on its
own motion and shall be required if requested within the notice period by a
petition signed by 10 freemen, the legislative body of a municipality or by an
organization with 25 or more members.
Rule No.4 Delegation of Authority
a. General
In accordance with the provisions of
10 V.S.A., section
1424(f), the Board may
delegate its authority to regulate the mooring of boats within a designated
Mooring Management Zone to one or more municipalities located adjacent to the
public waters affected.
b.
Petitions - Who can file
Upon receipt of a petition filed in accordance with the
provisions of rule 4(c) below by the legislative body of one or more
municipalities located adjacent to any proposed or designated Mooring
Management Zone, the Board shall hold a public hearing to consider whether to
delegate its authority to regulate the mooring of boats under the provisions of
10 V.S.A., section
1424(f).
c. Petitions - Form
Petitions for a delegation of authority shall include the
following:
(1) A written request from
the legislative body of the municipality or municipalities seeking such a
delegation of authority within a specified Mooring Management Zone existing or
proposed.
(2) A copy of the
proposed or adopted bylaw by which the municipality proposes to regulate the
establishment of boat moorings.
(3)
A written narrative summarizing the problems which the municipality seeks to
address by its petition.
(4) One
copy of all applicable and duly adopted municipal or regional plans, municipal
shoreland ordinances and other municipal bylaws or ordinances.
(5) Such other information as the Water
Resources Board may require.
d. Hearings and Public Notice
Notice of a public hearing to consider a petition for the
delegation of Board authority to one or more municipalities located adjacent to
any designated or proposed Mooring Management Zone shall be provided in
accordance with rule 3(d). At its discretion, the Board may jointly consider
petitions for the designation of Mooring Management Zones and for the
delegation of its authority to regulate the mooring of boats within such
waters.
e. Delegation of
Authority - Criteria
In considering whether to delegate its authority within any
proposed or existing Mooring Management Zone, the Water Resources Board shall
consider whether or not such delegation of its authority is in the public
interest and shall consider:
(1) The
adequacy of the proposed municipal bylaw or ordinance to effectively and
equitably regulate the mooring of boats within a designated Mooring Management
Zone.
(2) The effect of the
proposed municipal bylaw or ordinance on the conservation of the surface of
public waters for other public uses.
(3) Consistency of the proposed municipal
bylaw with any duly adopted municipal shoreland zoning ordinance, municipal,
regional or state plan.
Rule No.5 Local Administration
a. Local Bylaws or Ordinances
Municipalities seeking a delegation of authority from the
Water Resources Board under the provisions of
10 V.S.A., section
1424(f) must enact a bylaw
or ordinance in accordance with the applicable provisions of 24 V.S.A., Chapter
59. Such bylaws or ordinances may provide for:
(1) Different classes of
applicants.
(2) Mooring equipment
specifications and standards.
(3)
Collection of fees necessary to defray municipal expenses for the
administration of bylaws.
(4) Any
other provisions which are consistent with these regulations and applicable
Vermont statutes.
b.
Required Provisions
Local bylaws or ordinances providing for the regulation of
the establishment of boat mooring facilities under delegation of authority by
the Water Resources Board must be adopted in conformance with 24 V.S.A.,
Chapter 59 an [and] must provide for the following:
(1) Enforcement provisions including
penalties for violations and designating the municipal official or body which
shall routinely administer and enforce the bylaw or ordinance.
(2) A procedure for appeal from the action of
the municipal official, board or commission charged with the routine
administration and enforcement of the bylaw.
(3) The appeal of any final decision of the
municipality to the Water Resources Board.
(4) A detailed description of the application
deadlines, public notice requirements and the administrative procedure by which
applications will be considered including specific time frames within which
various actions must occur.
(5) A
detailed description of classes of applicants, information required from
prospective applicants, criteria by which applications will be reviewed, the
duration of permits issued for specified activities.
c. Bylaw Amendments
The local legislative body may amend its bylaws from time to
time provided that such amendments are in accordance with the provisions of 29
V.S.A., Chapter 59 and that:
(1) New
Powers
Where a municipality seeks to alter the boundaries of a
Mooring Management Zone or the activities which are regulated, it shall file
such a request with the Water Resources Board.
(2) New Procedures
Where a municipality seeks to amend its bylaws solely to
alter local administrative procedures, it shall file a copy of proposed
amendments with the Water Resources Board and such other parties as the Board
may direct. The Board shall have 30 days within which to object to the proposed
amendments or to schedule a hearing to receive public comment. Such action
shall stay the effectiveness of any such bylaw amendment.
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