§ 405. Investigation and determination of public good
(a) When an application is filed under this chapter, the Department shall proceed in accordance with 10 V.S.A. chapter 170.
(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 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; 2015, No. 150 (Adj. Sess.), § 32, eff. Jan. 1, 2018.)
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