§ 1424 - Use of public waters - Vermont Statutes

§ 1424. Use of public waters

(a) The board may establish rules to regulate the use of the public waters by:

(1) Defining areas on public waters wherein certain uses may be conducted;

(2) Defining the uses which may be conducted in the defined areas;

(3) Regulating the conduct in these areas, including but not limited to the size of motors allowed, size of boats allowed, allowable speeds for boats, and prohibiting the use of motors or houseboats;

(4) Regulating the time various uses may be conducted.

(b) The board in establishing rules shall consider the size and flow of the navigable waters, the predominant use of adjacent lands, the depth of the water, the predominant use of the waters prior to regulation, the uses for which the water is adaptable, the availability of fishing, boating and bathing facilities, the scenic beauty and recreational uses of the area.

(c) The board shall attempt to manage the public waters so that the various uses may be enjoyed in a reasonable manner, in the best interests of all the citizens of the state. To the extent possible, the board shall provide for all normal uses.

(d) If another agency has jurisdiction over the waters otherwise controlled by this section, that other agency's rules shall apply, if inconsistent with the rules promulgated under this section. The board may not remove the restrictions set forth in sections 320 and 321 of Title 25.

(e) On receipt of a written request that the board adopt, amend, or repeal a rule with respect to the use of public waters signed by not less than one person, the board shall consider the adoption of rules authorized under this section and take appropriate action as required under 3 V.S.A. § 806.

(f) By rule, the board may delegate authority under this section for the regulation of public waters where:

(1) the delegation is to a municipality which is adjacent to or which contains the water; and

(2) the municipality accepts the delegation by creating or amending a bylaw or ordinance for regulation of the water. Appeals from a final act of the municipality under the bylaw or ordinance shall be taken to the environmental court. The board may terminate a delegation for cause or without cause upon six months' notice to the municipality. (Added 1969, No. 281 (Adj. Sess.), § 13; amended 1973, No. 147 (Adj. Sess.), § 3; 1979, No. 113 (Adj. Sess.), § 1; 1981, No. 222 (Adj. Sess.),§§ 27, 28; 2003, No. 115 (Adj. Sess.), § 36, eff. Jan. 31, 2005; 2003, No. 115 (Adj. Sess.), § 37.)