§ 4145. Access, landing area rules

(a) The Board may adopt rules, under 3 V.S.A. chapter 25, to regulate the use by the public of access areas, landing areas, parking areas, or of other lands or waters acquired or maintained pursuant to section 4144 of this title. Such rules shall be posted in the areas affected and shall permit the launching of all vessels that have a Vermont registration certificate required by 23 V.S.A. chapter 29 and the parking of vehicles and boat trailers used by these vessels. The rules shall not preclude the authorization to launch vessels not registered in Vermont. These rules also shall permit the launching of all nonmotorized vessels not used for commercial purposes and the parking of vehicles and boat trailers used by these vessels.

(b) The Commissioner may enter into agreements with owners of land, which shall not involve payment to the landowner, in order to allow public access for launching of nonmotorized vessels in public waters. The Commissioner may agree to upgrade the land area in a minor way; for example, the Commissioner may agree to build a footpath to the water, build and maintain a small parking area, or perform minor grading to improve boat access. The Commissioner may not agree to major upgrading, such as building a launching ramp or paving a parking area. A landowner who enters into an agreement under this subsection shall be afforded the landowner liability protections of 12 V.S.A. § 5793. The Commissioner shall post signs in these areas, inviting private contributions to the Fish and Wildlife Fund for the purpose of building and maintaining nonmotorized vessel access areas, and shall issue to any person contributing, a sticker that may be placed on a vessel and that identifies the person as a contributor to the nonmotorized vessel access area program.

(c) The Commissioner shall keep account of funds, including private donations and State appropriations, which are deposited into the Fish and Wildlife Fund for the purpose of building and maintaining access areas and shall annually, on or before January 15, report to the House Committee on Fish, Wildlife and Water Resources, the Senate Committee on Natural Resources and Energy, and the Senate and House Committees on Appropriations, concerning the use of those funds in the past year and plans for use of the funds for the coming year. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

(d) The Board shall allow the Commissioner of Environmental Conservation to post aquatic nuisance signs pursuant to subdivision 1453(b)(6) of this title. (Added 1961, No. 119, § 1; amended 1991, No. 230 (Adj. Sess.), § 14; 1993, No. 52, § 5; 1999, No. 76 (Adj. Sess.), § 1; 2003, No. 121 (Adj. Sess.), § 69, eff. June 8, 2004; 2013, No. 142 (Adj. Sess.), § 22.)