Vt. Stat. Ann. » Title 29 Chapter 11
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 29, § 405 (2026)

✓ current as of May 2026
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(Cite as: 29 V.S.A. § 405)
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1998–2024 · leading case: Parker v. Town of Milton, 726 A.2d 477 (Vt. 1998).
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Parker v. Town of Milton, 726 A.2d 477 (Vt. 1998). · cites it 3× “Plaintiffs’ due process claim fails because plaintiffs did not have a cognizable property interest at stake in the public information meeting.”
In Re Milton Arrowhead Mountain, 726 A.2d 54 (Vt. 1999). · cites it 4× “29 V.S.A. § 405(c). “Notice shall be given within five days of taking action.”
Champlain Marina, Inc. Dock Expansion (Vt. Super. Ct. 2009). · cites it 14× “See 29 V.S.A. §§ 405(a) and (c). We therefore conclude that Neighbors have standing to protect their legally protected interests in the public good requirements of 29 V.”
Champlain Marina Dock Expansion (Vt. Super. Ct. 2010). · cites it 9× “§ 1422(8) as the line of 1 Section 402 provides definitions of the terms used in Title 29, Chapter 11, including 29 V.S.A. § 405. Included therein is the definition for “encroach,” from which we derive a meaning for “encroachment,” as used in § 405(b), as “any bridge, dock,…”
Champlain Marina Dock Expansion (Vt. Super. Ct. 2011). · cites it 7× “In an earlier Memorandum of Decision, the former Board provided perspective and guidance on the appropriate review of such projects under the Public Trust Doctrine. See In re: Dean Leary (Appeal of DEC Permit No.”
Lake Rescue Encroachment Permit - Decision on the Merits (Vt. Super. Ct. 2024). · cites it 4× “In a 1995 Memorandum of Decision, the former Water Resources Board provided perspective and guidance on the appropriate review of such project applications under the Public Trust Doctrine. See In re: Dean Leary (Appeal of DEC Permit No.”
Svendsen Docket Extension Variance (Vt. Super. Ct. 2009). · cites it 4× “29 V.S.A. § 405(b). However, nowhere have we found the statutory authority for a municipality to regulate boating docks off of their lands and within public waters.”
Grimaldi NOV - Decision on Motions (Vt. Super. Ct. 2021). · cites it 2× “In the case of In re Champlain, 29 V.S.A. § 405 (b) required the state to consider whether a waterborne encroachment would adversely affect the public good by considering the effect of the proposed encroachment’s “consistency with municipal shoreland ordinances.”
NRB LUP v. Placzek (Vt. Super. Ct. 2009). “(citing 29 V.S.A. §§ 405(c), 406(a)), the Supreme Court rejected an argument that the period should commence upon actual receipt of the written notice.”
— Vt. Stat. Ann. tit. 29, § 405(a) — 2 cases
Parker v. Town of Milton, 726 A.2d 477 (Vt. 1998). “Plaintiffs’ due process claim fails because plaintiffs did not have a cognizable property interest at stake in the public information meeting.”
Champlain Marina, Inc. Dock Expansion (Vt. Super. Ct. 2009). “See 29 V.S.A. §§ 405(a) and (c). We therefore conclude that Neighbors have standing to protect their legally protected interests in the public good requirements of 29 V.”
— Vt. Stat. Ann. tit. 29, § 405(b) — 6 cases
Parker v. Town of Milton, 726 A.2d 477 (Vt. 1998). “Plaintiffs’ due process claim fails because plaintiffs did not have a cognizable property interest at stake in the public information meeting.”
Champlain Marina, Inc. Dock Expansion (Vt. Super. Ct. 2009). “See 29 V.S.A. §§ 405(a) and (c). We therefore conclude that Neighbors have standing to protect their legally protected interests in the public good requirements of 29 V.”
Champlain Marina Dock Expansion (Vt. Super. Ct. 2010). “§ 1422(8) as the line of 1 Section 402 provides definitions of the terms used in Title 29, Chapter 11, including 29 V.S.A. § 405. Included therein is the definition for “encroach,” from which we derive a meaning for “encroachment,” as used in § 405(b), as “any bridge, dock,…”
Champlain Marina Dock Expansion (Vt. Super. Ct. 2011). “In an earlier Memorandum of Decision, the former Board provided perspective and guidance on the appropriate review of such projects under the Public Trust Doctrine. See In re: Dean Leary (Appeal of DEC Permit No.”
Lake Rescue Encroachment Permit - Decision on the Merits (Vt. Super. Ct. 2024). “In a 1995 Memorandum of Decision, the former Water Resources Board provided perspective and guidance on the appropriate review of such project applications under the Public Trust Doctrine. See In re: Dean Leary (Appeal of DEC Permit No.”
— Vt. Stat. Ann. tit. 29, § 405(c) — 2 cases
In Re Milton Arrowhead Mountain, 726 A.2d 54 (Vt. 1999). “29 V.S.A. § 405(c). “Notice shall be given within five days of taking action.”
NRB LUP v. Placzek (Vt. Super. Ct. 2009). “(citing 29 V.S.A. §§ 405(c), 406(a)), the Supreme Court rejected an argument that the period should commence upon actual receipt of the written notice.”
— Vt. Stat. Ann. tit. 29, § 405(f) — 1 case
Svendsen Docket Extension Variance (Vt. Super. Ct. 2009). “29 V.S.A. § 405(b). However, nowhere have we found the statutory authority for a municipality to regulate boating docks off of their lands and within public waters.”
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