Section 28 000 001 - RULES GOVERNING DESIGNATED AREAS FOR WATERSKIING AND OTHER SIMILAR ACTIVITY WITHIN 200 FEET FROM SHORELINESection One Purpose These rules set forth the procedures for filing an application and the criteria to be used in designating areas for waterskiing and other similar activity within 200 feet of a shoreline. These rules implement the exception contained in 23 V.S.A. Section 3315(d) which allows this activity within 200 feet of a shoreline only in designated areas.
Section Two Scope These rules apply to all areas within 200 feet of a shoreline whether the activity is seasonal or intended for a single event. Permits shall not be granted for courses on rivers or when prohibited by regulations of the Water Resources Board.
Section Three Definitions
Waterskiing: For the purpose of this rule, "waterskiing" shall be defined as "the operation of a motorboat on any waters of this state for the purpose of towing a person or persons on water-skis, aquaplane, kite-skis, surfboard, or similar device."
Section Four Application4.1 An individual, association, or other group or entity may apply to the Commissioner of Motor Vehicles, through the Commissioner of the Department of Public Safety for a permit to allow for the operation of a motorboat used for the purpose of towing a person or persons on water-skis, aquaplane, kite-skis, surfboard or similar device in areas less than 200 feet from a shoreline. The application shall be filed at least ninety (90) days prior to the proposed installation of the course or beginning of the activity. Application forms shall be provided by the Department of Public Safety, Marine Division.4.2 The application shall contain the following information: - Applicant address and phone number.
- Agent address and phone number.
- Date of proposed installation or beginning of the activity.
- Length of season, days and hours during which the designated area will be used.
- Number of seasons for which the permit is desired.
- A detailed description of the designated area.
The application shall also contain the following information, for the course or designated area as well as the adjacent area within five hundred (500) feet of the outside perimeter of the course or designated area:
a) Names and addresses of adjacent property owners.b) Nature of the shoreline (undeveloped, developed, rocky, sandy, wooden, lawn, eroded, stable, etc.)c) Presence and type of aquatic vegetation.d) Presence and location of wetlands.e) Presence and location of threatened, rare or endangered species, if known.f) Shoreline encroachments (docks, boat houses, retaining walls, or other structures beyond the shoreline).g) Existing uses of the area.h) A detailed map of the designated area and the surrounding area. Section Five Evaluation5.1 Upon receipt of an application complying with Section 4.2, the director of the Vermont State Police Marine Division shall notify the following parties of the application: (a) Local Board of Selectmen(b) Adjacent property owners (within five hundred (500) feet).(c) Secretary, Agency of Natural Resources(d) Commissioner, Environmental Conservation(e) State Recreation Planner(f) State Wetlands Office(h) Commissioner, Fish and Wildlife(i) Water Resources Board(j) Local Lake Association(k) Other parties deemed appropriate by the Director. The notification shall include a specified comment period which shall be a minimum of twenty (20) days. The notice shall also explain the criteria contained in Section 5.4 for holding a public information meeting.
5.2 The Director of the Marine Division shall deliver a copy of the application to the Agency of Natural Resources with a request that an environmental evaluation of the designated area, including but not limited to, impacts on shoreline erosion, aquatic habitat, fish and wildlife, water quality, aquatic vegetation, and benthic organisms be conducted. The Agency may also comment upon the impact of the course on adjacent areas and uses. The Director of the Marine Division shall, after consulting with the Agency of Natural Resources, request that the evaluation be completed within a specified period of time.5.3 The Vermont State Police Marine Division shall evaluate the designated area for potential safety concerns and the impact on adjacent areas and uses. This evaluation shall be completed within the same timeframe requested of the Agency of Natural Resources.5.4 If during the comment period, a request is received from a municipality, or twenty-five or more persons in interest, the Department of Public Safety shall hold a public information meeting. Notice of the meeting shall be provided to all parties required to receive notice by subsection 5.1, to all persons who have filed written comments within the comment period, and to all other parties the Department considers appropriate.5.5 If another state agency, department or board finds it is dealing with similar issues regarding a specific waterskiing permit application, it may request that a joint public information meeting be held with the Department of Public Safety in order to avoid duplication of testimony, unnecessary expense and inconvenience to the public. The joint meeting may be held if another affected governmental agency informs the Department at least ten (10) days before the scheduled meeting.5.6 The Commissioner of Motor Vehicles shall issue or deny a permit within ninety (90) days of receipt of the application by the Commissioner of the Department of Public Safety. Section Six Approval Criteria 6.1 Prior to approval of the permit application, the applicant shall comply with all local, state, and federal laws and regulations. The Department of Public Safety shall provide the applicant with the necessary information on applicable laws and regulations.6.2 In evaluating the appropriateness of granting a permit for a designated area, the Commissioner of Motor Vehicles shall consider safety, potential environmental damage, and the impact on adjacent areas and uses that will be caused by the activity. If the activity will create a undue safety hazard or an undue adverse environmental impact, the permit shall be denied. The Commissioner may impose conditions upon the issuance of a permit in order to ensure safety or reduce the impact of the activity on the area or adjacent areas.6.3 The Commissioner, in approving or establishing conditions for a designated area, may consider and use as models, recognized national design standards published by the American Water Ski Association.6.4 The applicant shall be responsible for installation, maintenance, and safety inspections of the designated area. When appropriate each permit shall contain a condition stating that the applicant shall be responsible for the prompt removal of the course markings at the end of each boating season.6.5 Each permit shall be issued, contingent upon satisfaction of conditions and shall state that failure to comply with any conditions of the permit will result in revocation of the permit.6.6 Upon a report by the Agency of Natural Resources that ice or snow cover has prevented an adequate environmental assessment during the evaluation period, the Commissioner may issue a permit contingent upon a later determination by the agency that undue adverse environmental damage will not occur.6.7 Permits shall be issued for periods of no longer than five (5) years. Section Seven Procedure for Revoking Permit7.1 The Commissioner of Motor Vehicles may revoke or suspend a permit for failure to comply with conditions or stipulations set forth in the permit.7.2 Upon receipt of a written statement from the Director of the Vermont State Police Marine Division which establishes that an immediate safety hazard or serious risk of environmental damage exists, the Commissioner may immediately suspend a permit.7.3 Upon suspension of a permit pursuant to Section 7.2 of these rules, the director of the Marine Division shall, without unreasonable delay, deliver written notice to the holder of the permit or the holder's agent indicated on the application form. If actual in hand delivery cannot be made, the notice shall be left at the address of the permit holder or agent indicated on the application form. The notice shall state the reasons for the suspension and shall inform the permit holder that at its option an informal hearing shall be held. If such a hearing is requested it shall be held within two (2) business days of the applicant's request. At such a hearing the state shall have the burden of proof to establish that the suspension should continue.7.4 The Director of the Vermont State Police Marine Division may immediately suspend a permit if activity on the course presents a serious and immediate safety hazard or causes serious environmental damage. Such a suspension shall expire in forty-eight (48) hours unless the Commissioner has extended the suspension pursuant to section 7.2.Statutory Authority: 23 V.S.A. C. 29, § 331528-001 Code Vt. R. 28-000-001-X
Effective Date: March 23, 1992 (SOS Rule Rule # 92.6)