Ruling does not consider Public
Burlington, VT -
The Water Resources Board of the State of Vermont on November 7,
1996 reversed the permit authorizing the Blodgett Corporation to
locate a 330 foot long post-supported dock in Lake Champlain.
The decision further states:
§ 402 (6). Section 405 explains:
The decision did not consider the Dock in light of the Public
Trust Doctrine. As stated by the Vermont Supreme Court:
According to the findings the Dock adversely affects the "public
good", allowing the Water Resources Board to rule on the basis of
statutes set out above, avoiding the Public Trust Doctrine.
The board stated because Blodgett had failed to meet its burden
of proof to demonstrate the Dock would not result in a adverse
effect on the pubic good, the Water Recourses Board will not address
whether the Dock would be consistent with the Public Trust Doctrine.
Based on the information available to the DEC at the time they
issued the initial permit, they were not aware that the public makes
frequent use of the area of Lake Champlain in which the Dock would
be located. If during its permitting process DEC had been provided
the information about the public use of this section of the lake the
DEC would have denied the permit.
The following appear to be the determining facts in this case:
More information on Blodgett Docks
Harborwatch-Online, March 1996,
Blodgett Docks Meets Resistance
Harborwatch-Online, April 1996,
Dock vs Champlain Kayak Club