Wake Boat Public Hearing Held February 15, 2023
SLA members commented on Wednesday, February 15 on a proposed State rule on wake boats.
While most wake boats look similar to other power boats, depending on the size of the tank, an average 1,000-3,000 pounds of water ballast is taken into a wake boat to increase the wake. We currently have several wake boats on Seymour.
The SLA Board of Directors voted unanimously on January 23, 2023 to support this proposed rule.
Rule Synopsis:
This wake boat rule is a compromise. This rule is based on a review of legal precedent and Agency of Natural Resources authorities; requirements of the Use Of Public Waters Rules (specifically the requirement to resolve use conflicts in the least restrictive manner possible); what other states are doing; operational and safety constraints; and studies about wake boat wave height, wave energy, and impacts on shoreline erosion. It also happens to reflect a compromise between the wake boat regulations proposed in the original Petition and the input from many who commented on the rule with the perspective that education, not only regulation, is needed regarding use of wake boats on public waters in Vermont. It allows wake boat owners to continue to enjoy their boats, while imposing some restrictions to protect people, property, and the lake.
Those restrictions include:
1. Wake boats will only be able to operate when they’re 500’ from shore, to protect people and wildlife, and to prevent damage to the shoreline from their significantly enhanced wakes;
2. Wake boats will only be able to operate on lakes that have at least 50 contiguous acres that are also at least 20’ deep (and 500 feet from shore);
3. Wake boat owners will need to declare their “home lake,” and will get a sticker for that lake. This has been called “home lake rule” and as an example, a wake boat with a Seymour sticker would not be allowed by the greeters at another lake to enter that lake, and vice versa, unless the boat owner presents a certificate of decontamination from a DEC-approved service provider
The “home lake rule” portion of this proposed rule is because wake boats cannot fully empty their ballasts, and the concern is considerable about them transporting invasive species to other lakes. And while the wake boat industry’s testimony in the past has been that wake boats aren’t usually trailered to other lakes, last August alone, our greeters counted six wake boats that were trailered to Seymour.
To get get more information on this rule click here:
You do NOT have to be an expert to comment on this rule:
We can’t state clearly enough that you don’t have to be eloquent or a scientist to comment. Ultimately, the state will just assign check marks for each comment as “for” or “against.” So, for example, if you like the rule or like it but don’t think it goes far enough, you should preface your comments with “I support this rule …” or “I support this rule, but …” Likewise, if you think there should be no rules regarding wake boats, you should start with “I do not support this rule …”
Please attend by zoom or personally attend the Feb. 15 Public Hearing in Greensboro:
The public hearing will be held on February 15, 2023 at the Highland Center For The Arts in Greensboro at (5:30-7:30 pm). You can attend in person or by zoom. Here is link to sign up: https://dec.vermont.gov/event/public-meeting-provide-update-proposed-draft-wake-boat-rules
There will be a time in the future when written comments will be welcomed.
SLA was actively represented by Candy Moot (802-279-8449) and Beth Torpey (802-323-3235) for the last year in the deliberations of this rule. Feel free to call either of them if you have questions that haven’t been answered.
Potential Reclassification of Seymour Lake to A(1)
A (1) RECLASSIFICATION UPDATE – JULY 2022
As a result of input from several lake associations, including SLA, the Vermont Department of Environmental Conservation (DEC) has agreed that the statutory restriction regarding new septic systems in A(1) watersheds (limited to 1,000 gpd capacity) is no longer appropriate. Originally conceived as helpful to limit development in high elevations, it has become a barrier for A (1) reclassification in part because new technology can clean septic discharge better than the technology which was in place when the statute was written. ANR worked to obtain a change to this restriction in the 2022 legislative session but was unsuccessful.
Four NEK lakes (Maidstone, Caspian, Echo and Shadow) have submitted A (1) petitions to the state. These lakes have all experienced increasing phosphorous levels in recent years, hence their sense of urgency in moving forward with petitions.
As the outlet of Seymour Lake flows into Echo Lake, the Echo Lake watershed includes Seymour Lake’s watershed. Therefore, should Echo Lake be reclassified, Seymour Lake and its watershed would be included. For this reason it is important that SLA follow the progress of Echo’s petition. We intend to participate in any hearings and solicitation of written comments. We will also notify our members via an e-mail when comments are invited or hearings posted.
All four petitions have been determined administratively complete and are posted for the public to view on the DEC website at the following link:
The petitions completed the Agency’s legal and technical review and were determined to have legal and technical merit. The next step would be for ANR to solicit public input via hearings and written comments. Hearings were scheduled for July but were subsequently cancelled. A final decision has been made by ANR leadership to hold off on starting the public participation phase of their review until they have worked with the legislature during the 2023 session to amend 10 VSA 1259 (d), (which is the 1,000 gpd septic limitation). They have, however, committed they will move forward with public meetings during the summer of 2023 under the existing statue if they are unsuccessful in achieving a change to the septic restriction.
At this time the SLA Board of Directors continues in our position that we do not want to seek reclassification to A (1) or be reclassified via the Echo Lake petition until such time as the septic restriction is removed or modified.
There is a possibility that as a special exception to the usual process, Echo’s petition could go forward without the inclusion of the Seymour Lake part of their watershed. Echo has offered this as an alternative that would be acceptable to them and SLA advised we would support this action. We have been advised by the state that this was considered but was not approved.
A(1) RECLASSIFICATION UPDATE – MARCH 2022
• As a result of input from several lake associations, including Seymour Lake Association (SLA), the Vermont Department of Environmental Conservation (DEC) has agreed that the statutory restriction regarding new septic systems in A(1) watersheds (limited to 1,000 gpd capacity) is no longer appropriate. Originally conceived as helpful to limit development in high elevations, it has become a barrier for A(1) reclassification in part because new technology can clean septic discharge better than the technology which was in place when the statute was written. There is an ongoing effort by ANR to work with the Legislature in the current session to recognize the problem and work to get a legislative change to amend the current statute. SLA has written a letter of support for this action.
• Four North East Kingdom lakes (Maidstone, Caspian, Echo and Shadow) have submitted A(1) petitions to the state. These lakes have all experienced increasing phosphorous levels in recent years, hence their sense of urgency in moving forward with petitions.
• All four petitions have been determined administratively complete and are posted for the public to view on the DEC website Click here to view
• As the outlet of Seymour Lake flows into Echo Lake, the Echo Lake watershed includes Seymour Lake’s watershed. Therefore, should Echo Lake be reclassified, Seymour Lake and its watershed would be included. For this reason it is important that SLA follow the progress of Echo’s petition. We intend to participate in any hearings and solicitation of written comments. We will also notify our members via an e-mail when comments are invited or hearings posted.
• At this time the SLA Board of Directors continues in our position that we do not want to seek reclassification to A(1) or be reclassified via the Echo Lake petition until such time as the septic restriction is removed or modified. To see letter SLA sent to the Vermont Agency of Natural Resources re this issue click here
• There is a possibility that as a special exception to the usual process, Echo’s petition could go forward without the inclusion of the Seymour Lake part of their watershed. Echo has offered this as an alternative that would be acceptable to them.
David Wieselmann, Director of SLA’s Invasive Patroller Program (VIPs)
The David Wieselmann Story
Over the past year, The Seymour Lake Association has been involved in finding a solution for a paralyzed man, David Wieselmann, to move from his wheelchair to his kayak, unassisted by any help from his neighbors. This has been achieved by designing and building a structure with donated labor and funds from Seymour Lake residents. It is now completed and David has been using it for over 3 months. This is his story and you can see it all via links to the many photos, videos, circulated widely throughout newspapers, radio, and the internet.
Learn More Here
Vermont’s CBS affiliate, WCAX (Ch. 3) came to Seymour for the story, which aired on August 23, 2021. (click here to view)
An article appeared in the August 18th issue of the Barton Chronicle (click here to view)
NPR story by Manhattan-based radio journalist Jon Kalish on “All Things Considered” (click here to listen)
Article in the Seymour Lake May 2021 Newsletter (page 3) (click here to view)
All Morgan Town Roads Open to ATVs and UTVs
Subsequent to a March 2021 approval of the voters of Morgan (45 yes; 38 no), the Morgan Select Board voted to allow all Town roads to be open to ATVs and UTVs. For more information, (click here to view)