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The Vermont Statutes Online



Title

10

:
Conservation and Development






Chapter

049A

:
LAKE SHORELAND PROTECTION STANDARDS











 

§

1443. Individual permit requirement for impervious surface or cleared area in a

protected shoreland area

(a) Permit

requirement. A person shall not create cleared area or impervious surface in a

protected shoreland area without a permit from the Secretary issued under this

section, except for activities authorized to occur without a permit under

section 1446 of this title.

(b) Permit

issuance. The Secretary shall issue a permit under this section if the proposed

impervious surface or cleared area meets the requirements of section 1444 or

1445 of this title.

(c) Permit

process.

(1) A person

applying for a permit shall do so on a form provided by the Secretary. The

application shall be posted on the Agency's website.

(2) A person

applying for a permit shall provide notice, on a form provided by the

Secretary, to the municipal clerk of the municipality in which the construction

of impervious surface or creation of cleared area is located at the time the

application is filed with the Secretary.

(3) The Secretary

shall provide an opportunity for written comment, regarding whether an

application complies with the requirements of this chapter or any rule adopted

by the Secretary, for 30 days following receipt of the application.

(d) Permit

condition. A permit issued under this section may include permit conditions,

including authorizing a permittee, no more frequently than two times per year,

to clear vegetative cover within three feet of both sides of a footpath within

the protected shoreland area in order to allow access to the mean water level

for maintenance or repair of recreational structures or for other activity

approved by the Secretary.

(e) Permit term.

Individual permits issued under this section shall be for an indefinite term,

provided that the permittee complies with the requirements of the permit and

takes no additional action for which an individual permit is required.

(f) Recording. A

permit or registration issued under this chapter shall, for the purposes of

having the permit or registration run with the land, be recorded in the land

records of the municipality in which the impervious surface or cleared area is

located.

(g) Public

recreational areas. Notwithstanding the requirements of sections 1444 and 1445

of this title, the Secretary shall issue a permit under this chapter for a

public recreational area project if the permit applicant demonstrates and the

Secretary finds that:

(1) the

recreational activity provides access to the water for the general public and

promotes the public trust uses of the water;

(2) the

impervious surface or cleared area is necessary to achieve the recreational

purpose of the project, and the project must be constructed within the

protected shoreland area to achieve its recreational function; and

(3) the project

conforms with best management practices approved by the Secretary that protect

the habitat and water quality of the lake while achieving the public

recreational purposes. (Added 2013, No. 172 (Adj. Sess.), § 2.)