Vermont § 1443 - Individual permit requirements for impervious surface or cleared area in a protected shoreland area

§ 1443. Individual permit requirements for impervious surface or cleared area in a protected shoreland area

• (a) Permit requirement. A person shall not create cleared area or impervious surface in a protected shoreland
  area without a permit from the Secretary issued under this section, except for activities
  authorized to occur without a permit under section 1446 of this title. (b) Permit issuance. The Secretary shall issue a permit under this section if the proposed impervious surface
  or cleared area meets the requirements of section 1444 or 1445 of this title. (c) Permit process. When an application is filed under this section, the Secretary shall proceed in accordance
  with chapter 170 of this title. (d) Permit condition. A permit issued under this section may include permit conditions, including authorizing
  a permittee, no more frequently than two times per year, to clear vegetative cover
  within three feet of both sides of a footpath within the protected shoreland area
  in order to allow access to the mean water level for maintenance or repair of recreational
  structures or for other activity approved by the Secretary. (e) Permit term. Individual permits issued under this section shall be for an indefinite term, provided
  that the permittee complies with the requirements of the permit and takes no additional
  action for which an individual permit is required. (f) Recording. A permit or registration issued under this chapter shall, for the purposes of having
  the permit or registration run with the land, be recorded in the land records of the
  municipality in which the impervious surface or cleared area is located. (g) Public recreational areas. Notwithstanding the requirements of sections 1444 and 1445 of this title, the Secretary shall issue a permit under this chapter for a public recreational
  area project if the permit applicant demonstrates and the Secretary finds that: (1) the recreational activity provides access to the water for the general public and
  promotes the public trust uses of the water; (2) the impervious surface or cleared area is necessary to achieve the recreational purpose
  of the project, and the project must be constructed within the protected shoreland
  area to achieve its recreational function; and (3) the project conforms with best management practices approved by the Secretary that
  protect the habitat and water quality of the lake while achieving the public recreational
  purposes. (Added 2013, No. 172 (Adj. Sess.), § 2; amended 2015, No. 150 (Adj. Sess.), § 20, eff. Jan. 1, 2018.)