State Codes and Statutes

Statutes > Vermont > Title-29 > Chapter-11 > 405

§ 405. Investigation and determination of public good

(a) Written notice of each application shall be given by the department to abutting property owners, the selectmen of the town in which the proposed encroachment is located, and other persons as it considers appropriate. The notice shall provide a brief description of the proposed encroachment and the address where complete information about it may be obtained. Notice shall provide not less than 10 days for the filing of written comments by any interested persons. Upon receipt within the notice period of a request from a municipality, or 25 or more persons in interest, the department shall hold a public information meeting. Notice of the meeting shall be provided to anyone required to receive notice by this subsection, to all persons who have filed written comments within the notice period, and to other persons as the department considers appropriate.

(b) In determining whether the encroachment will adversely affect the public good, the department shall consider the effect of the proposed encroachment as well as the potential cumulative effect of existing encroachments on water quality, fish and wildlife habitat, aquatic and shoreline vegetation, navigation and other recreational and public uses, including fishing and swimming, consistency with the natural surroundings and consistency with municipal shoreland zoning ordinances or any applicable state plans. If the department determines, after reviewing the applications, the written comments filed within the notice period and the results of the investigation, that the proposed encroachment will not adversely affect the public good, the application shall be approved.

(c) The department shall give written notice to the applicant, the municipality in which the encroachment is located, the abutting property owners and other persons considered appropriate, of the action taken in approving a permit or denying the application. Notice shall be given within five days of taking action. The notice shall explain the reasons for the action and shall include findings as to the effect of the encroachment on each element of the public good set forth in subsection (b) of this section. The action of approving or denying an application shall not be effective until 10 days after the department's notice of action. (Added 1967, No. 308 (Adj. Sess.), § 5, eff. March 22, 1968; amended 1975, No. 162 (Adj. Sess.), § 4, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41.)

State Codes and Statutes

Statutes > Vermont > Title-29 > Chapter-11 > 405

§ 405. Investigation and determination of public good

(a) Written notice of each application shall be given by the department to abutting property owners, the selectmen of the town in which the proposed encroachment is located, and other persons as it considers appropriate. The notice shall provide a brief description of the proposed encroachment and the address where complete information about it may be obtained. Notice shall provide not less than 10 days for the filing of written comments by any interested persons. Upon receipt within the notice period of a request from a municipality, or 25 or more persons in interest, the department shall hold a public information meeting. Notice of the meeting shall be provided to anyone required to receive notice by this subsection, to all persons who have filed written comments within the notice period, and to other persons as the department considers appropriate.

(b) In determining whether the encroachment will adversely affect the public good, the department shall consider the effect of the proposed encroachment as well as the potential cumulative effect of existing encroachments on water quality, fish and wildlife habitat, aquatic and shoreline vegetation, navigation and other recreational and public uses, including fishing and swimming, consistency with the natural surroundings and consistency with municipal shoreland zoning ordinances or any applicable state plans. If the department determines, after reviewing the applications, the written comments filed within the notice period and the results of the investigation, that the proposed encroachment will not adversely affect the public good, the application shall be approved.

(c) The department shall give written notice to the applicant, the municipality in which the encroachment is located, the abutting property owners and other persons considered appropriate, of the action taken in approving a permit or denying the application. Notice shall be given within five days of taking action. The notice shall explain the reasons for the action and shall include findings as to the effect of the encroachment on each element of the public good set forth in subsection (b) of this section. The action of approving or denying an application shall not be effective until 10 days after the department's notice of action. (Added 1967, No. 308 (Adj. Sess.), § 5, eff. March 22, 1968; amended 1975, No. 162 (Adj. Sess.), § 4, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41.)


State Codes and Statutes

State Codes and Statutes

Statutes > Vermont > Title-29 > Chapter-11 > 405

§ 405. Investigation and determination of public good

(a) Written notice of each application shall be given by the department to abutting property owners, the selectmen of the town in which the proposed encroachment is located, and other persons as it considers appropriate. The notice shall provide a brief description of the proposed encroachment and the address where complete information about it may be obtained. Notice shall provide not less than 10 days for the filing of written comments by any interested persons. Upon receipt within the notice period of a request from a municipality, or 25 or more persons in interest, the department shall hold a public information meeting. Notice of the meeting shall be provided to anyone required to receive notice by this subsection, to all persons who have filed written comments within the notice period, and to other persons as the department considers appropriate.

(b) In determining whether the encroachment will adversely affect the public good, the department shall consider the effect of the proposed encroachment as well as the potential cumulative effect of existing encroachments on water quality, fish and wildlife habitat, aquatic and shoreline vegetation, navigation and other recreational and public uses, including fishing and swimming, consistency with the natural surroundings and consistency with municipal shoreland zoning ordinances or any applicable state plans. If the department determines, after reviewing the applications, the written comments filed within the notice period and the results of the investigation, that the proposed encroachment will not adversely affect the public good, the application shall be approved.

(c) The department shall give written notice to the applicant, the municipality in which the encroachment is located, the abutting property owners and other persons considered appropriate, of the action taken in approving a permit or denying the application. Notice shall be given within five days of taking action. The notice shall explain the reasons for the action and shall include findings as to the effect of the encroachment on each element of the public good set forth in subsection (b) of this section. The action of approving or denying an application shall not be effective until 10 days after the department's notice of action. (Added 1967, No. 308 (Adj. Sess.), § 5, eff. March 22, 1968; amended 1975, No. 162 (Adj. Sess.), § 4, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41.)