Section 12 030 030 - BOAT MOORING REGULATIONSRule 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 Zonesa. 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.
Click here to view image
12-030 Code Vt. R. 12-030-030-X
STATUTORY AUTHORITY: Statutory authority not provided.
EFFECTIVE DATE: September 3, 1980 Secretary of State Rule Log #80-86
AMENDED: May 2015 [Renumbered from 12 004 015 pursuant to Section 26 of Act No. 138 of 2012]