| 1 | 1 | | BILL AS INTRODUCED H.283 |
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| 2 | 2 | | 2025 Page 1 of 4 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #380555 v.1 |
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| 6 | 6 | | H.283 1 |
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| 7 | 7 | | Introduced by Representatives Harple of Glover, Priestley of Bradford, Burke 2 |
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| 8 | 8 | | of Brattleboro, Burkhardt of South Burlington, Campbell of St. 3 |
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| 9 | 9 | | Johnsbury, Dodge of Essex, Hunter of Manchester, Labor of 4 |
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| 10 | 10 | | Morgan, Lalley of Shelburne, Masland of Thetford, McCann of 5 |
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| 11 | 11 | | Montpelier, Nelson of Derby, Nugent of South Burlington, 6 |
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| 12 | 12 | | Olson of Starksboro, Pouech of Hinesburg, Southworth of 7 |
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| 13 | 13 | | Walden, and Wells of Brownington 8 |
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| 14 | 14 | | Referred to Committee on 9 |
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| 15 | 15 | | Date: 10 |
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| 16 | 16 | | Subject: Conservation and development; use of State waters; municipal 11 |
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| 17 | 17 | | delegation; wake boats 12 |
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| 18 | 18 | | Statement of purpose of bill as introduced: This bill proposes to require the 13 |
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| 19 | 19 | | Secretary of Natural Resources to delegate authority to regulate the use of 14 |
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| 20 | 20 | | State waters to a municipality when the municipality is adjacent to the water 15 |
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| 21 | 21 | | subject to delegation, the municipality requests the delegation to promote the 16 |
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| 22 | 22 | | public good by restricting or prohibiting wake boats on the water for which it 17 |
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| 23 | 23 | | is seeking delegation, and the municipality accepts the delegation by creating 18 |
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| 24 | 24 | | or amending a bylaw or ordinance for regulation of the water. 19 |
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| 25 | 25 | | An act relating to delegation of authority to regulate use of State waters 20 BILL AS INTRODUCED H.283 |
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| 26 | 26 | | 2025 Page 2 of 4 |
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| 28 | 28 | | |
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| 29 | 29 | | VT LEG #380555 v.1 |
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| 30 | 30 | | It is hereby enacted by the General Assembly of the State of Vermont: 1 |
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| 31 | 31 | | Sec. 1. 10 V.S.A. § 1424 is amended to read: 2 |
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| 32 | 32 | | § 1424. USE OF PUBLIC WATERS 3 |
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| 33 | 33 | | (a) The Secretary may establish rules to implement the provisions of this 4 |
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| 34 | 34 | | chapter, including: 5 |
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| 35 | 35 | | (1) Rules to regulate the use of public waters of the State by: 6 |
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| 36 | 36 | | (A) defining areas on public waters wherein certain uses may be 7 |
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| 37 | 37 | | conducted; 8 |
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| 38 | 38 | | (B) defining the uses which may be conducted in the defined areas; 9 |
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| 39 | 39 | | (C) regulating the conduct in these areas, including the size of motors 10 |
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| 40 | 40 | | allowed, size of boats allowed, allowable speeds for boats, and prohibiting the 11 |
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| 41 | 41 | | use of motors or houseboats; and 12 |
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| 42 | 42 | | (D) regulating the time various uses may be conducted. 13 |
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| 43 | 43 | | (2) Rules to govern the surface levels of lakes, ponds, and reservoirs that 14 |
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| 44 | 44 | | are public waters of the State. 15 |
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| 45 | 45 | | (b) The Secretary in establishing rules under subdivision (a)(2) of this 16 |
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| 46 | 46 | | section shall consider the size and flow of the navigable waters,; the 17 |
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| 47 | 47 | | predominant use of adjacent lands,; the depth of the water,; the predominant 18 |
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| 48 | 48 | | use of the waters prior to regulation,; the uses for which the water is 19 |
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| 49 | 49 | | adaptable,; the availability of fishing, boating, and bathing facilities,; the 20 |
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| 50 | 50 | | scenic beauty,; and recreational uses of the area. 21 BILL AS INTRODUCED H.283 |
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| 51 | 51 | | 2025 Page 3 of 4 |
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| 52 | 52 | | |
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| 53 | 53 | | |
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| 54 | 54 | | VT LEG #380555 v.1 |
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| 55 | 55 | | (c) The Secretary shall attempt to manage the public waters so that the 1 |
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| 56 | 56 | | various uses may be enjoyed in a reasonable manner, in the best interests of all 2 |
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| 57 | 57 | | the citizens of the State. To the extent possible, the Secretary shall provide for 3 |
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| 58 | 58 | | all normal uses. 4 |
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| 59 | 59 | | (d) [Repealed.] 5 |
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| 60 | 60 | | (e) On receipt of a written request that the Secretary adopt, amend, or 6 |
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| 61 | 61 | | repeal a rule with respect to the use of public waters signed by not less than 7 |
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| 62 | 62 | | one person, the Secretary shall consider the adoption of rules authorized under 8 |
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| 63 | 63 | | this section and take appropriate action as required under 3 V.S.A. § 806. 9 |
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| 64 | 64 | | (f)(1) By rule, the Secretary may shall delegate authority under this section 10 |
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| 65 | 65 | | for the regulation of public waters where: 11 |
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| 66 | 66 | | (1)(A) The the delegation is to a municipality that is adjacent to or 12 |
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| 67 | 67 | | which contains the water; and 13 |
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| 68 | 68 | | (B) the municipality requests the delegation to promote the public 14 |
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| 69 | 69 | | good by restricting or prohibiting wake boats on the water for which it is 15 |
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| 70 | 70 | | seeking delegation; and 16 |
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| 71 | 71 | | (2)(C) The the municipality accepts the delegation by creating or 17 |
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| 72 | 72 | | amending a bylaw or ordinance for regulation of the water. 18 |
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| 73 | 73 | | (2) Appeals from a final act of the municipality under the bylaw or 19 |
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| 74 | 74 | | ordinance shall be taken to the Environmental Division. The Secretary may 20 BILL AS INTRODUCED H.283 |
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| 75 | 75 | | 2025 Page 4 of 4 |
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| 78 | 78 | | VT LEG #380555 v.1 |
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| 79 | 79 | | terminate a delegation for cause or without cause upon six months’ notice to 1 |
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| 80 | 80 | | the municipality. 2 |
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| 81 | 81 | | Sec. 2. EFFECTIVE DATE 3 |
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| 82 | 82 | | This act shall take effect on passage. 4 |
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