Lake Encroachment Application Resources

Once an application is complete, it is sent with a request for comments to adjoining landowners; local, regional and state offices; and other interested persons. The Watershed Management Division may conduct investigations, meetings, and site evaluations to verify information contained in an application. Generally it takes 60-90 days for a final decision to be issued once an application is considered complete. 

The factors considered during the review of a project's effect on the public good include water quality; fish and wildlife habitat; aquatic and shoreline vegetation; navigation, recreation and other uses; consistency with the natural surroundings; consistency with local ordinances or state plans; and the cumulative impact of other existing encroachments. Applications are also reviewed for consistency with the Public Trust Doctrine. There must be a public purpose, public benefit, or both associated with the project in order for the application to be approved. In making this public trust determination, consideration will be given to the public purpose served by the encroachment, the public benefits created by the proposed encroachment, and any adverse impacts on public trust uses and the public resource as a result of the encroachment.

Lake Encroachment Permit Application

Adjoining Property Owner Notification Instructions

***As of January 1, 2018, the State of Vermont requires that applicants applying for a Lake Encroachment Permit provide notice to adjoining landowners (10 V.S.A. § 7701 et seq

As a part of submitting an administratively complete Lake Encroachment Individual Permit application, the applicant and/or their representative must provide notice to adjoining property owners at the same time the application is submitted (10 V.S.A. § 7701 et seq). The applicant must certify on the application that notifying adjoining property owners has been completed prior to application submittal.

  • If the project is considered large and complex, additional notification requirements apply. Contact a permit specialist or analyst for additional information.
  • The OFFICIAL NOTICE letter is required to be sent by U.S. Mail to notify an adjoining property owner. Note: Permit application materials are not required to be sent with this notice.
  • An Adjoining Property Owner Notice for each type of Lake Encroachment Permit application is required as follows: 

Lake Encroachment Permits

Adjoining Property Owners to be Notified

Land-based projects (e.g. shoreline stabilization, boathouse repair, etc.)

Adjoining property owners on the terrestrial boundaries of the shoreline from which the project originates. Notice is not required for property owners across the lake.

Lake-based projects proposed to be located in or extending beyond 50 feet from a point along the shoreline as delineated by the mean water level (e.g. dredging, marina expansions, etc.)

Any property owners that may potentially be affected by a decision on the application, including but not limited to the terrestrial boundaries nearest to the proposed project.

Example of Land-Based Encroachment Notification Requirements  Example of Lake-Based Encroachment Notification Requirements
Lake Encroachment Projects (identified by the yellow X in the images above) must notify adjoing property owners shown in orange. This is only an example. It is the Applicant’s responsibility to ensure that all potentially affected surrounding landowners are notified.
Lake Encroachment Permit Fees
DESCRIPTION FEE
Lake Encroachment Structural Erosion Control $250
Lake Encroachment Non-Structural Erosion Control $155
Lake Encroachment Other Encroachment Projects $300 plus 1% of construction costs; not to exceed $20,000 per application.

 

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