Shoreland Encroachment Permits are issued under 29 V.S.A. Chapter 11 (Management of Lakes and Ponds), which deals with encroachment in public waters. The goals of this permit program are to minimize the encroachment on public waters, ensure that the public good is not adversely affected, and ensure that projects are consistent with the Public Trust Doctrine.

Please note the Environmental Assistance Office has a webpage: Compliance Assistance Resources for Marinas.

Lake Champlain Flood Recovery: Lakeshore Stabilization (pdf 602 KB)

What Requires a Permit

Projects encroaching on public waters such as docks, walls, boathouses, bridges, water intakes, cables, dredging, or fill, may require a permit. Encroach means:

1. to place or cause to be placed any material or structure in any lakes and ponds which are public waters, or
2. to alter, or cause to be altered, the lands underlying any public waters, or
3. to place or cause to be placed any bridge, dock, boathouse, cable, pipeline or similar structure beyond the shoreline delineated by the mean water level of any lakes and ponds which are public waters, and to the lower sections of tributaries to Lake Champlain, Lake Memphremagog and the Connecticut River

1. docks for non-commercial use, mounted on posts or floats - provided that the combined horizontal distance of all docks within 100 feet of each other which are owned/controlled by one person does not exceed 50 feet in length and the combined surface area does not exceed 500 square feet; and provided that concrete, masonry, earth or rock fill, sheet piling, bulkheading, cribwork or similar construction is not part of the encroachment;
2. water intake pipes not exceeding two inches inside diameter;
3. temporary extensions of existing structures added for a period not to exceed 6 months, if required by low water;
4. ordinary repairs and maintenance, not including expansion or complete replacement;
5. duck blinds, floats, rafts and buoys;
6. the installation on lake bottoms of small filtering devices not exceeding nine square feet of disturbed area on the end of water intake pipes less than two inches in diameter for the purpose of zebra mussel control.

Prior to conducting any of the above exempted activities, it is recommended that you contact the Shoreland Encroachment Program for assistance in determining whether a permit is required.

Technical Assistance

The Shoreland Encroachment Program provides technical assistance regarding shoreline stabilization, encouraging nonstructural solutions where feasible. In general, maintaining a natural shoreline by reestablishing plant growth along the shore is less expensive and more beneficial than a wall along the shore.

For marinas, see also Compliance Assistance Resources.

Application for a Permit

The encroachment permit application form may be downloaded, or obtained by contacting the Watershed Management Division. The scope and detail of the information required from an applicant depends on the specific nature of the project being proposed. Prior to submitting an application, if you have any questions regarding the application form or whether a permit is necessary for your proposed activity, contact the Shoreland Encroachment Program.

Review Process

Once an application is complete, it is sent with a request for comments to adjoining landowners; local, regional and state offices; and other interested people or groups. The Watershed Management Division may conduct investigations, meetings, and site evaluations to verify information contained in an application. Generally it takes from 60-90 days for 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 the 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 some 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.

Appeal Process

Once a decision has been made by the VTDEC to issue or deny a permit, any person aggrieved by the decision may appeal it to the Vermont Environmental Court within 10 days from the date of the action. Any person aggrieved by the Board's decision may appeal to Supreme Court.

• A Shoreland Encroachment Application Form: pdf format (129 KB) or Word format (39 KB)
• The Interim Procedures for Application Review describe the review process in more detail. (pdf, 29 KB)
• The Explanation of Public Trust Review of Encroachment Permit Applications explains the public trust determination. (pdf, 12 KB)
• The Rules for Determining Mean Water Levels describe how such determinations are made. (pdf, 4 KB)
• Go Wild! Plants and Plantings for Lakeshores shows how you can use shoreland vegetation to enhance the lake and your experience (pdf 3, MB)
• Stabilization Measures for an Eroding Lakeshore offers lake-friendly alternatives to retaining walls (pdf, 1.3 MB)
• Only You...Can Save Your Lake! describes actions you can take to protect your lake (pdf, 285 KB)

Updated: November 2010