Sunday, July 13, 2014

New Shoreline Laws

At the annual meeting yesterday several people expressed concern about the new shoreline laws. Here is the article from today's Free Press on the law:

Shoreland Protection Law

As of July 1, Vermont has a new law regulating activities in the area from the waterline to a distance of 250 feet on lakes and ponds larger than 10 acres. The law allows "reasonable development" while protecting aquatic habitat and water quality and promoting the use of natural vegetation to stabilize shorelines.

Here is an overview of how the new law impacts owners of lakeside property.

Exempted activities 
Property owners will be able to undertake a host of routine repair and reconstruction activities without securing one of the new permits or going through the new registration process. Exempted activities in the shoreland protection area — which is within 250 feet of the water line — are those that maintain the existing footprint of existing development. The exemptions include:

  • Maintaining without expanding the buildings, driveways, gardens and lawns that existed as of July 1, 2014. 
  • Reconstructing a home, deck or driveway in the exact same footprint. Vertical expansion would be allowed as would construction of a room where a deck existed. 
  • Thinning vegetation less than three feet in height as long as vegetation standards are met, the duff layer is left intact and the thinning is at least 25 feet back from the water line. 
  •  Pruning of limbs on lower third of trees and tree removal would be allowed as long as the remaining number of trees and saplings met the standards. 
  • Creating a path up to six-feet wide to water's edge. 
  • Repairing or replacing septic and water systems. 


  • Registration 
    Property owners need to submit a registration form and $100 fee for small projects, such as creation of a 100-square-foot cleared area or construction of a shed, gazebo or similarly small impervious surface located in the lakefront zone but back at least 25-feet from the waterline. Registration is also required for slightly larger projects — up to 500-square feet of new cleared area or impervious surface — located in the upland zone which is 100 feet or more from the waterline. State officials have 15 days to review registration applications. Landowners may proceed with the work if they have heard nothing from the state at the end of the 15-day review period.


    Permit 
    Property owners must get permits for redevelopment that expands a building or driveway, adds accessory structures larger than qualify for registration, clears significant vegetation for lawn or gardens, tears down a building and rebuilds on a different footprint. Permits also are required for projects on any undeveloped lakeshore land — which will be required to meet the standards. The fee is $125 plus 50 cents for every square foot of impervious surface.


    More information:

    Contact the Vermont Shoreland Permit Program at 802-490-6196 or www.watershedmanagement.vt.gov/lakes.htm

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