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Use of Public Waters Decisions listed by Year

Petition Decisions

The Natural Resources Board web site included past decisions issued by the Water Resources Panel and the former Water Resources Board and information about rules related to wetlands, lakes and other public waters in Vermont. Pursuant to §§20 – 26 of Act 138 (effective May 14, 2012), the rulemaking authority of the Water Resources Panel has been transferred to the Agency of Natural Resources. The rules of the Panel are now deemed to be the rules of the Agency and will remain in effect until amended by the Agency.  

W-Notes and UPW-Notes

The Natural Resources Board web site included past decisions issued by the Water Resources Panel and the former Water Resources Board and information about rules related to wetlands, lakes and other public waters in Vermont. Pursuant to §§20 – 26 of Act 138 (effective May 14, 2012), the rulemaking authority of the Water Resources Panel has been transferred to the Agency of Natural Resources. The rules of the Panel are now deemed to be the rules of the Agency and will remain in effect until amended by the Agency. Also see the Past Petition Decisions page.

The Natural Resources web site also previously included W-Notes and UPW-Notes documents.

W-Notes - Annotated Index Through January 2005 -

W-NOTES ANNOTATIONS and CITATIONS January 2005
W-Notes combines a subject index with annotations derived from the former Water Resources Board's case precedent. The annotations are written by Water Resources Board staff and are not approved by the Board.

UPW-Notes - Annotated UPW Decisions Through December 2006 -

USE OF PUBLIC WATERS - ANNOTATED INDEX of DECISIONS - Updated Through December 2006

Links to Decisions by Year

2021    2015    2014    2006    2005    2004    2003    2002    2001    2000    1999    1998    1997    1996        
1995    1994    1993    1992    1991    1990    1989    1988    1987    1986    1985    1984    1983          
1982    1981    1980    1979    1978    1977    1976    1975    1974    1973    1972    1971    1970


2021

Use of Public Waters 

Lake Memphremagog, the Clyde River, and the Black River within the city limits
Filed on: May 3, 2021
Filed by: City of Newport
Purpose: The renewal of ANR's delegation to the City of Newport to regulate the mooring of vessels on portions of public waters within the City's boundaries, like Lake Memphremagog, the Clyde River and the Black River, pursuant to 10 V.S.A § 1424(f).  The City requests it be renewed until December 31, 2031.
Decision made: Adopted, November 22, 2021

Lake Bomoseen
Filed On: October 21, 2021
Filed By: Gilbert Nadeau et. al. constituting homeowners with properties located along the southern end of Lake Bomoseen, known as Indian Point.
Purpose: The petition proposes to establish a new lake-specific rule to address a use conflict in a section of Lake Bomoseen. The proposed rule is to create a safety zone for swimmers and small watercraft within 200 feet of the shoreline along the area known as Indian Point. 
Decision made: Denied, January 20, 2022


2015

Lake Iroquois
Filed on: April 30, 2015
Status: Withdrawn, November 10, 2016


2014

Use of Public Waters, Section 4.1 - Control of Aquatic Nuisance Infestations
Shadow Lake
Filed on: April 22, 2014
Filed by: Shadow Lake Association
Purpose: To temporarily close a one acre portion of Shadow Lake for aquatic nuisance control
Decision made: Denied, December 19, 2014

Petition, April 22, 2014
Public Notice of Petition and Public Meeting Regarding Shadow Lake
Public Comments Part 1
Public Comments Part 2
Public Comments Part 3
Public Comments Part 4
Public Comments Part 5
Petition Support Signatures Part 6
Public Meeting July 23rd Comments
Decision

Kenny Pond
Filed on: April 27, 2012
Filed by: Martha K. Palmer Trust/Martha Kinne Palmer Trust
Purpose: To remove Kenny Pond from the Vermont Use of Public Waters Rule list of public waters.
Status: Denied, April 2, 2014

Petition, April 27, 2012
Letter from NRB Counsel to Petitioner, May 23, 2012
Letter from NRB Counsel to Petitioner, June 22, 2012
Letter from Petitioner to NRB Counsel, July 27, 2012
Letter from NRB Counsel to Petitioner, August 3, 2012
Letter from DEC to Petitioner, December 26, 2012
Letter from Petitioner to DEC, January 11, 2013
Letter from Petitioner to DEC, January 18, 2013
Petitioner’s Kenny Pond Survey, January 18, 2013
Letter from DEC to Petitioner, February 1, 2013
Letter from Petitioner to DEC, February 4, 2013
Letter from DEC to Petitioner, February 21, 2013
Decision

Berlin Pond

  • Use of Public Waters - Petition filed July 25, 2013 by the City of Montpelier seeking the prohibition of internal combustion motors, including tools powered by internal combustion, the prohibition of the use or presence of petroleum-based fuels, and the prohibition of the use or presence of ice shanties on Berlin Pond.

Press Release
Decision
Fact Sheet Q & A
Petition, July 25, 2013
Map of Berlin Pond submitted with petition
Public Notice of Petition and Public Meeting Regarding Berlin Pond

  • Use of Public Waters - Petition filed February 6, 2014 by the Citizens to Protect Berlin Pond seeking the prohibition of recreational use of the surface waters of Berlin Pond.

Press Release
Decision
Fact Sheet Q & A
Petition, February 6, 2014
Letter from DEC to Petitioner, February 27, 2014
Public Notice of Petition and Public Meeting Regarding Berlin Pond
Public Comments Part 1
Public Comments Part 2
Public Comments Part 3
Public Comments Part 4
Public Comments Part 5
Audio of Public Meeting, May 27, 2014 (MP3, 83.4 MB)

Wolcot Pond

  • Use of Public Waters - Petition filed February 22, 2013 by Friends of Wolcott Pond seeking the prohibition of internal combustion motors on Wolcott Pond.

Wolcott Pond Press Release, October 22, 2014
Decision
Fact Sheet Q&A
Petition, February 22, 2013
Letter from DEC to Petitioner, February 27, 2013
Letter from the Town of Wolcott Selectboard to DEC, April 3, 2013
Letter from Petitioner to DEC, April 24, 2013
Public Notice of Petition Received and Public Meeting for Wolcott Pond, July 11, 2013
Public Comments Part 1
Public Comments Part 2


Use of Public Waters Decisions prior to 2007 listed by year
Year Description
2006  
laroche-upw.pdf Proposed Amendments to Vermont use of Public Waters Rules
2005  
upw-05-01dec.pdf In re City of Newport:
upw-05-02dec.pdf In re Echo Lake (Charleston)
upw-05-03dec.pdf In re Silver Lake (Barnard)
upw-05-04dec.pdf In re Somerset Reservoir (Somerset and Stratton)
upw-05-05dec.pdf In re General Amendments
2004  
upw0401dec.pdf Lake Willoughby, Town of Westmore
upw0401letter.pdf 2004 Final Proposed Amendments to the Vermont Use of Public Waters Rules
upw0401rule.pdf VERMONT USE OF PUBLIC WATERS RULES - ADOPTED JANUARY 20 ,2004 - AMENDED JANUARY 18, 2005 - Effective February 15, 2004 - AMENDMENTS EFFECTIVE FEBRUARY 14, 2005
upw0402dec.pdf Mirror Lake (Pond No. 10), Town of Calais
2003  
upw0301dec.pdf Petition to Prohibit the Use of Personal Watercraft on Great Averill and Little Averill Ponds in the Towns of Norton and Averill, Vermont
upw0302dec.pdf Petition to amend the Rules regulating the use of Waterbury Reservoir
2002  
upw0201premem.pdf Petition to prohibit the use of personal watercraft on Norton Pond in the Town of Norton and Warren Gore
upw0202premem.pdf Petition to adopt rules regulating the use of Chittenden Reservoir, Town of Chittenden,
upw0202vtsupct2006dec.pdf Beyers v. Water Resources Board
upw0202washsuperiorct2005dec.pdf Beyers v. Water Resources Board
2001  
upw0101dec.pdf Petition to prohibit the use of personal watercraft and similar vessels on Caspian Lake in the Town of Greensboro
upw0101-upw0102rule.pdf Vermont Use of Public Waters Rules - 2001 Proposed Amendments
upw0102dec.pdf Petition to limit vessels powered by motor to a speed of five miles per hour on Lake Lamoille in the Town of Morristown
2000  
upw0001dec.pdf Final Proposed Rules &ulating the Use of Public Waters within the City of Newport
upw0001dec2.pdf Petition seeking the delegation of state authority to regulate the mooring of vessels in the public waters within the City of Newport
upw0001rules.pdf RULES REGULATING THE MOORING OF VESSELS WITHIN LAKE MEMPHREMAGOG AND OTHER PUBLIC WATERS WITHIN 'THE CITY OF NEWPORT. VERMONT
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1999  
upw9901dec.pdf petition seeking the prohibition of water ski slalom courses in the northeastern arm of Lake Fairlee
upw9902dec.pdf Petition seeking the prohibition of the use of electric motors on Indian Brook Reservoir, Town of Essex
1998  
upw9802dec.pdf petition seeking a speed limit in the "Narrows" between Providence Island and Phelps Point on Grand Isle on Lake Champlain, Town of South Hero
upw9803dec.pdf Petition seeking the prohibition of the use of personal watercraft on Lake Morey, Town of Fairlee
upw9802dec1.pdf Petition seeking the prohibition of the use of personal watercraft on Lake Morey, Town of Fairlee
upw9804dec.pdf Petition seeking the regulation of canoeing, tubing and motorized boating on the Batten Kill, Town of Arlington
upw9804dec1.pdf Final proposed amendments to the Vermont Use of Public Waters Rules, Responsiveness Summary
upw9805dec.pdf Petition seeking the prohibition of the use of internal combustion motors on Star Lake, Town of Mt. Holly
upw9806dec.pdf Salem Lake, Town of Derby
upw9806dec1.pdf Final proposed amendments to the Vermont Use of Public Waters Rules, Responsiveness Summary
1997  
upw9701dec.pdf Proposal to amend the Current rules regulating Recreational uses of Little Lake, Town of Wells and Lily Pond, Town of Poultney
upw9702dec.pdf Petition seeking the prohibition of the use of internal combustion motors on Fern Lake, Town of Leicester
upw9703dec.pdf Proposal to amend the Current rules regulating Recreational uses of Little Lake, Town of Wells and Lily Pond, Town of Poultney
upw9704dec.pdf Final proposed amendments to the Vermont Use of Public Waters Rules, Responsiveness Summary
upw9704dec1.pdf Proposal to amend the Current rules regulating Recreational uses of Little Lake, Town of Wells and Lily Pond, Town of Poultney
1996  
upw9602dec.pdf Petition regarding the Recreational use of Lake Elmore, Town of Elmore
upw9602prelmemo.pdf Petition regarding the Recreational use of Lake Elmore, Town of Elmore
upw9603dec.pdf Petition to amend the current rules regulating the use of Greenwood Lake , Town of Woodbury
upw9603prelmemo.pdf Petition seeking the Amendment of current rules regulating the use of Greenwood Lake Town of Woodbury
upw9604dec.pdf Petition seeking the designation of Kingsland Bay as a Mooring Management Zone and delegation of authority to the Town of Ferrisburgh
upw9604dec1.pdf Petition seeking the designation of Kingsland Bay as a Mooring Management Zone and delegation of authority to the Town of Ferrisburgh
upw9605dec.pdf Petitions to amend the current rules regulating the use of Waterbury Reservoir, Towns of Waterbury & Stowe
upw9606dec.pdf Petitions to amend the current rules regulating the use of Waterbury Reservoir, Towns of Waterbury & Stowe
1995  
95-00 resp summ part1.pdf Use of Public Waters Rules - Responsiveness Summary
95-00 resp summ part2.pdf Final Proposed Use of Public Waters Policy
95-00 resp summ part3.pdf Final Proposed Use of Public Waters Policy Annotated to show how the initial proposal (1/13/94) has been changed in the final proposal
95-00 resp summ part4.pdf Collected Managment Rules for Vermont Lakes, Ponds and Reservoirs
95-00 resp summ part5.pdf RULES REGULATING THE USE OF PARTICULAR PUBLIC WATERS
upw9500rules.pdf VERMONT USE OF PUBLIC WATERS RULES Adopted October 5, 1994
upw9501dec.pdf Petition for the adoption of Rules regulating the use of Lake Bomoseen, Towns of Castleton and Hubbardton
upw9502dec.pdf Petition for the adoption of rules Regulating the use of a portion of Arrowhead Mountain Lake, Towns of Georgia and Milton
upw9502dec1.pdf Petition for the adoption of rules regulating the use of Arrowhead Mountain Lake Towns of Milton and Georgia
upw9503dec.pdf Petition for the adoption of Rules regulating the use of Wrightsville Reservoir
upw9504dec.pdf Petition by the Deerfield Valley Sportsmens Club for the amendment of existing rules regulating the use of Somerset Reservoir, Towns of Somerset and Stratton
upw9504dec1.pdf Petition seeking the amendment of rules regulating the use of Somerset Reservoir Towns of Stratton and Somerset
upw9506dec.pdf Request for adoption of a rule limiting comments from non Vermont residents in proceedings under 10 Vo6.A. 5 1424
1994  
upw9401dec.pdf Petition for the adoption of rules regulating the use of Woodward Reservoir, Town of Plymouth
upw9401dec1.pdf Petition for the amendment of rules regulating the use of Woodward Reservoir, Town of Plymouth
upw9402dec.pdf Petition for the adoption of rules regulating the use of East Long Pond, Town of Woodbury
upw9403dec.pdf Petition for the adoption of rules regulating the use of Arrowhead Mountain Lake, Towns of Milton and Georgia
upw9403dec1.pdf Petition for the adoption of rules regulating the use of Arrowhead Mountain Lake, Towns of Milton and Georgia
upw9404dec.pdf Petition for the adoption of rules regulating the use of Curtis Pond, Town of Calais
upw9404dec1.pdf Petition for the adoption of rules regulating the use of Curtis Pond, Town of Calais
upw9405dec.pdf Petition for the adoption of rules regulating the use of Somerset Reservoir, Towns of Somerset and Stratton
upw9405dec1.pdf Petition for the adoption of rules regulating the use of Somerset Reservoir, Towns of Somerset and Stratton
upw9406dec.pdf VERMONT USE OF PUBLIC WATERS RULES Adopted October 5, 1994
upw9406dec1.pdf etition for the adoption of rules regulating the use of Holland Pond, Town of Holland
upw9406dec2.pdf etition for the adoption of rules regulating the use of Holland Pond, Town of Holland
1993  
upw93-01genamend.pdf Initial Rules Adopted Effective October 18, 1974 - Amended Effective January 1, 1995
upw93-02dec.pdf Petition for the adoption of rules regulating the use Waterbury Reservoir, Towns of Waterbury and Stowe
upw93-03letter.pdf Quiet Lakes Petition
1992  
upw92-01dec.pdf Petition of 10 Freemen to amend rules regulating the use of the public waters of Lewis Pond, Town of Lewis
1991  
upw91-01memo.pdf Final Changes to Caspian Lake Rules for the Use of Public Waters
upw91-02letter.pdf petition to amend rules regulating the use of public waters, 10 V.S.A. 5 1424
upw91-03dec.pdf Petition of the Winooski Valley Park District and the Town of Colchester to adopt rules regulating the use of the public waters of Colchester Pond, Town of Colchester
upw91-04dec.pdf Petition of the Town of Colchester Delegation of Authority by rule to regulate the mooring of vessels in the public waters in Malletts Bay, Lake Champlain
upw91-04letter.pdf Ordinance implementing Water Resources Board Rules Regulating the mooring of Vessels in Malletts Bay, Lake Champlain adopted May 10, 1993
upw91-04Rules.pdf RULES REGULATING THE MOORING OF VESSELS IN MALLETTS BAY, LAKE CHAMPLAIN Adopted May 10, 1993
upw91-05dec.pdf Petition of Echo Lake Association to amend rules regulating the use of the public waters of Echo Lake Towns of Sudbury and Hubbardton
1990  
upw90-01dec.pdf Petition of 10 Freemen to regulate the use of the public waters of Greenwood Lake, Town of Woodbury
upw90-02dec.pdf Petition of the Cole Pond Association for the adoption of rules regulating the use of the public waters of Cole Pond, Town of Jamaica
upw90-03dec.pdf Petition of the Department of Fish & Wildlife for the adoption of rules regulating the use of the public waters of Gale Meadows Pond in the Towns of Winhall and Londonderry
upw90-04dec.pdf Petition of 10 freemen to regulate the use of the public water of Lake Willoughby, Town of Westmore
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1989  
upw89-02dec.pdf Petition to Regulate the use of the Public Waters of Otter Creek from the Ft. Cassin fishing access area to Lake Champlain
upw89-03dec.pdf Petition of 10 Freemen to regulate the use of the public waters of Lewis Pond, Town of Lewis
upw89-05dec.pdf Petition of 10 Freemen to regulate the use of the public waters of Lewis Pond, Town of Lewis
1988  
upw88-02.pdf Rules regulating the use of Mill Pond, Town of Windsor
upw88-05dec.pdf Petition of the Town of Fairlee and the Lake Morey Protective Association to regulate the use of the public waters of Lake Morey, Town of Fairlee
upw88-06Rules.pdf RULES REGULATING THE USE OF INDIAN BROOK RESERVOIR TOWN OF ESSEX
1987  
none  
1986  
upw86-01dec.pdf Petition of the Department of Forests, Parks & Recreation to establish a Mooring Management Zone adjacent to Burton Island Town of St. Albans
upw86-02Rules.pdf RULES REGULATING THE USE OF EMERALD LAKE Town of East Dorset
1985  
upw85-01dec.pdf Petition to Regulate the Use of the Public Waters of Lake Hortonia, Towns of Hubbardton and Sudbury
upw85-01premem.pdf Petition t o Regulate the Use of the Public Waters of Lake Hortonia, Towns of Hubbardton and Sudbury;
upw85-01Rules.pdf RULES REGULATING THE USE OF LAKE HORTONIA Towns of Hubbardton and Sudbury
upw85-02dec.pdf Petition t o Regulate the Jse of the Public Waters of Black Pond Town of Hubbardton
upw85-02premem.pdf Petition to regulate the use of the public waters of Black Pond Hubbardton
upw85-02Rules.pdf Water Resources Board Petition Regarding the Shelburne Bay Mooring Management Zone Shelburne Bay Shelburne
upw85-03dec.pdf Water Resources Board Petition Regarding the Shelburne Bay Mooring Management Zone Shelburne Bay Shelburne
1984  
upw84-01dec.pdf Wrightsville Reservoir located in the Towns of Middlesex, East Montpelier, and City of Montpelier
upw84-01rules.pdf Rules Regulating the Use of Wrightsville Reservoir Towns of Middlesex and East Montpelier and City of Montpelier
upw84-02dec.pdf Petition to Regulate the Use of, the Public Waters of Lake Raponda Town of Wilmington
upw84-02premem.pdf Petition to regulate the use of the public waters of Lake Raponda Wilmington
1983  
upw83-01premem.pdf Regulation of the Use of Public Water - Huff (Hough) Pond Preliminary Findings Town of Sudbury
upw83-01rules.pdf Rules Regulating the Use of Huff (Hough) Pond Town of Sudbury
upw83-02dec.pdf Petition to Regulate the Use of Public Waters Greenwood Lake:
upw83-02premem.pdf Petition to Regulate the Preliminary Findings of Use of the Public Waters of Greenwood Lake, Woodbury
upw83-03letter.pdf Petition to Regulate Boat Moorings, North Hero
1982  
upw82-01opinion.pdf rules to regulate the use of Echo Lake (Keeler Pond) located in the Town of Sudbury and Hubbardton
upw82-01premem.pdf rules to regulate the use of Echo Lake (Keeler Pond) located in the Town of Sudbury and Hubbardton
upw82-01rules.pdf RULES TO REGULATE THE USE OF ECHO LAKE (KEELER POND) Towns of Sudbury and Hubbardton
1981  
upw8101rules.pdf Rules Regulating the Use of Shelburne Bay Lake Champlain
1980  
upw8001rules.pdf RULES TO REGULATE THE USE OF FERN LAKE, TOWN OF LEICESTER
upw8002premem.pdf Fern Lake, Leicester
upw8002rules.pdf RULES TO REGULATE THE USE OF FERN LAKE, TOWN OF LEICESTER
upw8003premem.pdf Curtis Pond, Calais
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1979  
upw7902premem.pdf rules to regulate the use of Lake St. Catherine, town of Wells
upw7902rules.pdf RULES TO REGULATE THE USE OF LAKE ST. CATHERINE IN THE TOWN OF WELLS AND THE TOWN OF POULTNEY
1978  
upw7902premem.pdf Rules Regulating the Use of Mirror Lake (Number 10 Pond) Town of Calais
upw7802rules.pdf Rules Regulating the Use of Mirror Lake (Number 10 Pond) Town of Calais
1977  
upw7701mem.pdf Lake Iroquois
1976  
none  
1975  
upw7501rules.pdf RULES TO REGULATE THE USES OF GLEN LAKE IN THE TOWNS OF CASTLETON, FAIR HAVEN AND BENSON
1974  
upw7401mem.pdf Regulation of the uses of Hall's Lake, Town of Newbury
upw7402rules.pdf RULES TO REGULATE THE USES OF LONG POND IN THE TOWN OF GREENSBORO
upw7403mem.pdf regulation of the uses of Lake Fairlee
upw7403premem.pdf Petition of the Lake Fairlee Association for rules to regulate the uses of Lake Fairlee
1973  
upw7301rules.pdf RULES TO REGULATE THE USES OF LITTLE HOSMER POND, TOWN OF CRAFTSBURY
upw7302rules.pdf RULES TO REGULATE THE USES OF GROUT POND IN THE TOWN OF STRATTON
upw7303rules.pdf RULES TO REGULATE THE USES OF SPRING LAKE IN THE TOWN OF SHREWSBURY
upw7304rules.pdf RULES TO REGULATE THE USES OF SUNSET LAKE IN THE TOWN OF BENSON
upw7304rules2.pdf RULES TO REGULATE THE USES OF SUNSET LAKE IN THE TOWN OF BENSON
1972  
upw7201rules.pdf AMENDED RULES TO REGULATE THE USES OF LAKE BOMOSEEN, TOWN OF CASTLETON
upw7202letter.pdf Shadow Lake in Glover
upw7203rules.pdf RULES TO REGULATE THE USES OF BURR POND TOWN OF SUDBURY
upw7204rules.pdf RULES TO REGULATE THE USE OF LAKE DUNMORE IN THE TOWNS OF SALISBURY AND LEICESTER
upw7204rules2.pdf RULES TO REGULATE THE USES OF LAKE DUNMORE IN THE TOWNS OF SALISBURY AND LEICESTER AND OF FERN LAKE, TOWN OF LEICESTER
upw7205rules.pdf RULES TO REGULATE THE USES OF BEEBE POND, TOWN OF HUBBARDTON
upw7206rules.pdf RULES TO REGUL4TE THE USES OF VALLEY LAKE, TOWN OF WOODBURY
upw7207letter.pdf LAKE RAPONDA
1971  
upw7101opinionag.pdf North Springfield Flood Control Reservoir also known as Stoughton Pond
upw7101rules.pdf RULES FOR REGULATING THE USES OF NORTH SPRINGFIELD RESERVOIR TOWNS OF WEATHERSFIELD AND SPRINGFIELD
upw7102rules.pdf RULES TO REGULATE THE USES OF WOODWARD RESERVOIR TOWN OF PLYMOUTH
upw7103dec.pdf REGULATING THE USE OF THE PUBLIC WATERS OF SILVER LAKE TOWN OF BARNARD
upw7103rules.pdf RULES FOR REGULATING THE USES OF SILVER LAKE, TOWN OF BARNARD
1970  
none  
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