The Vermont Statutes Online
Conservation and Development
LAKE SHORELAND PROTECTION STANDARDS
1443. Individual permit requirement for impervious surface or cleared area in a
protected shoreland area
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.
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.
(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.
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
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:
recreational activity provides access to the water for the general public and
promotes the public trust uses of the water;
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.)