The Flood Safety Act
Vermont’s Flood Safety Act of 2024
The Flood Safety Act (Act 121) was enacted in 2024 after widespread flood damage in 2023. By using a watershed-wide approach to mitigating flood risk across the state, the Flood Safety Act will build statewide flood resilience, protect public safety, prevent further damage to homes and infrastructure, and lessen the cost-burden of flood damage on municipalities and individuals.
The Flood Safety Act reduces flood risk and our vulnerability to flood damage through: 
- Establishing state regulation of proposed development in mapped river corridors.
- Requiring stronger municipal floodplain management standards for no adverse impact.
- Increasing floodwater storage by establishing a “net gain” rule of 2:1 for wetland restoration to wetland loss.
- Improving dam safety through increased oversight and maintenance requirements and enabling the removal of dams that are a public safety risk.
The Flood Safety Act addresses Vermont’s growing vulnerability to extreme precipitation and flooding on a watershed scale statewide, recognizing that flood vulnerabilities don’t end at town lines and allowing all communities to be safer and more resilient.
Education & Outreach
The Flood Safety Act requires community education and outreach to engage Vermonters in the shaping the implementation of this work. Input from all communities across the state is needed.
The Nature Conservancy and Lake Champlain Sea Grant are actively providing education and outreach to Vermont communities about the Flood Safety Act, including education on rivers dynamics and river corridors. For more information on education opportunities or to schedule a presentation, please contact Alison Spasyk and Shayne Jaquith.
Learn About the Flood Safety Act
Wakeboating and Wakesports in Vermont
As of April 15, 2024, a new rule impacting wakeboats and wakesports is in effect under Vermont’s Use of Public Waters (UPW) Rules. The wakeboat rule regulates wakeboating and wakesports on Vermont’s inland lakes. Vermont’s Use of Public Waters Rules were developed to avoid and resolve recreational conflicts, to protect normal or designated uses on all lakes, ponds, and reservoirs, and to ensure that natural resource values of public waters are fully protected.
- What is the wakeboat rule and who does it apply to?
- Where can wakesports occur (including a list of wakesports eligible lakes)?
- Maps of wakesports zones in eligible lakes
- Wakeboat decontamination
- The home lake rule
- Enforcement of the wakeboat and wakesports rule
- Resources
- Frequently asked questions
- The rule language
What is the wakeboat rule and who does it apply to?
Wakesports using a wakeboat shall only occur within defined wakesport zones. This rule only applies to those who operate a wakeboat on Vermont’s inland lakes, ponds, and reservoirs. Wakesports are not restricted on Lake Champlain, Lake Memphremagog, the Connecticut River reservoirs, and Wallace Pond. The new rules were added under Section 3 of the Use of Public Waters Rules.
As defined under the UPW Rules:
“Wakeboat” means a motorboat that has one or more ballast tanks, ballast bags or other devices or design features used to increase the size of the motorboat’s wake.
“Wakesports” means:
- to operate a wakeboat with ballast tanks, bags, or other devices or design features engaged to increase the size of the boat’s wake; or
- to use a surfboard, wakeboard, hydrofoil, or similar device to ride on or in the wake:
- directly behind a wakeboat without a rope; or
- directly behind a wakeboat with or without a rope, when the wakeboat has ballast tanks, bags, or other devices or design features engaged as described in Section 1 above.
“Wakesports zone” means an area of a lake, pond, or reservoir that has a minimum of 50 contiguous acres that are at least 500 feet from shore on all sides, at least 20 feet deep, and at least 200 feet wide.
NOTE: Wakesports zones are open to all uses permitted on the subject waterbody and are not exclusive to wakesports.
Where can wakesports occur?
Wakesports can only occur within the defined wakesports zones of the following Vermont inland lakes or ponds.
Wakesports can also occur within Lake Champlain, Lake Memphremagog, the Connecticut River reservoirs, and Wallace Pond. These bodies of water do not have a defined wakesports zone.
Where can I find the boundaries of a wakesports zone?
- Maps of Wakesports Zones on Individual Lakes
- Wakesports zone map data is available on the VT ANR Open Data Group
- Download wakesport zone maps for free in the Avenza app to use GPS-enabled maps offline
- You can search for wakesports zone maps using keywords (lake name, wakesports, Vermont), or search through this list.
Wakeboat Decontamination
A wakeboat must be decontaminated. when moving between different bodies of water.
For the 2024 boating season only:
Provided a wakeboat has been decontaminated in accordance with the Agency-approved guidance, a wakeboat user will be presumed to be in compliance with Section 3.8.d. of the Wakesports Rule and will not be required to provide proof of decontamination at a public access area.
Agency-approved wakeboat decontamination guidance
In addition to wakeboat specific decontamination requirements, all wakeboats must follow the aquatic nuisance species spread prevention laws (10 V.S.A. § 1454). Wakeboat users shall drain the ballast tanks of their boats to the fullest extent practicable after leaving a body of water.
Learn More:
- Map of Agency Approved Decontamination Stations in Vermont
- Public Access Greeter Program
- Watercraft Decontamination
The Home Lake Rule
The Agency is developing the process for Agency-issued decals for the Home Lake rule (Section 3.8.c.).
For the 2024 boating season only: The Agency will not require that an Agency-issued decal be displayed on a wakeboat’s port side bow identifying the wakeboat’s Home Lake for the calendar year.
The “Home Lake” requirement for a wakeboat states that a wakeboat must declare a home lake for a calendar year and display a Home Lake decal identifying a boat’s home lake. The purpose of the decal is to prevent the spread of aquatic invasive species. During the 2024 boating season, all wakeboats traveling between waterbodies will be required to decontaminate in accordance with the Agency-approved wakeboat decontamination guidance.
Enforcement of the wakeboat rule
The Use of Public Waters Rules are enforced by the Vermont State Police, Marine Division. Issues or concerns relating to violations of these rules should be reported to the Vermont State Police. You may also contact the local game warden, as they partner with the police on these issues. Game wardens and police suggest documenting and reporting suspected violations of the UPW rules with video and photos, registration numbers of boats, a description of the activity in conflict with the UPW rules, and the date and time.
To report active violations to the Vermont State Police, call Vermont State Police Dispatch: 802-878-7111 (Northern VT) or 802-722-4600 (Southern Vermont)
Resources
- Wakesports zone maps
- Map of Decontamination Stations and Greeter Stations
- One-page flyer “Know Before you Go”
- Wakesports rule implementation summary for the 2024 boating season
Frequently Asked Questions:
Q1. How does this new rule impact traditional water skiing, tubing, and other recreational watersports?
A1. The wakesports rule only applies to wakesports conducted with a wakeboat (as defined above). Sports like water skiing and tubing from a traditional power boat or a wakeboat that is not engaged in wakesports mode may occur in accordance with all other boating rules for that waterbody. These activities are not defined as wakesports and may occur outside of a wakesports zone.
Q2. Can I use or operate a wakeboat outside of the wakesports zone?
A2. Yes, a wakeboat may be operated in “non-wakesports mode,” i.e., not generating large wakes, outside of a wakesports zone, in accordance with all other applicable boating rules for that waterbody. A wakeboat may not be used to generate large wakes outside of a wakseports zone.
Q3. Can other forms of recreation (paddling, swimming, paddle baording, traditional water skiing, tubing, etc.) occur in the wakesports zone?
A3. Yes. The wakesports zone is not exclusive to wakesports only.
Q4. What other boating rules apply to boating in lakes and ponds?
A4. There are several rules that apply to boating operation in Vermont, including:
- The operation of vessels, regulated under: 23 V.S.A. § 3311
- The Use of Public Waters Rules which regulate speed limits, vessels allowed on specific waterbodies, and establishes a shoreline safety zone within 200 feet of the shoreline in which speeds over 5mph are prohibited.
See the Vermont Boating Handbook for more information.
Q5. How do I report suspected violations of the new wakesports rule?
A5. The Use of Public Waters rules are enforced by the Vermont State Police, Marine Division. Issues or concerns relating to violations of these rules should be reported to the Vermont State Police. You may also contact the local game warden, as they partner with the police on these issues.
Q6. How does a wakeboat operator know if they are in a wakesports zone?
A6. A wakeboat operator should review the maps linked above to be familar with the boundaries of the wakesports zone. Also, before entering a waterbody, a wakeboat user can download GPS-enabled wakesports zone maps for free from the Avenza app. These maps may be used offline and can geo-reference a boater’s location to determine whether or not the boat is in the wakesports zone.
Q7. Will signs be posted at access areas to alert wakeboaters of these new rules?
A7. Yes, signs will be posted throughout the season. Temporary signs may be in place during the 2024 boating season while permanent signs are being made and distributed around the State. Examples of the two sign types are available below:
*These signs are lake-specific for the lakes where wakeports are allowed.
Wakeboat Rule
The Use of Public Waters Rules were amended to add the following requirements for wakeboating and wakesports. The new rules were added under Section 3 of the Use of Public Waters Rules:
3.8 Wakesports
a. Wakesports are prohibited on lakes, ponds, and reservoirs that do not have a defined wakesports zone as defined at Section 5.18 and listed in Appendix E.
b. Wakesports shall not take place outside the boundaries of a wakesports zone listed in 10 Appendix E.
c. A wakeboat must have one home lake for a given calendar year and display on the wakeboat’s port side bow a current Agency-issued decal identifying the wakeboat’s home lake for the calendar year. A wakeboat’s home lake is the only lake, pond, or reservoir at which that wakeboat will be used for the calendar year, except when the decontamination requirement of Section 3.8.d. has been satisfied. This subsection 3.8.c. applies to Lake Champlain, Lake Memphremagog, Wallace Pond, the Connecticut River Reservoirs, and the waterbodies with a defined wakesports zone listed in Appendix E.
d. Prior to entering a Vermont waterbody other than the wakeboat’s home lake, and prior to reentering the waters of the home lake after use of the wakeboat at any other waterbody, the wakeboat must be decontaminated at an Agency-approved decontamination service provider. A wakeboat user may be requested to provide proof of decontamination at public access areas. This subsection 3.8.d. applies to Lake Champlain, Lake Memphremagog, Wallace Pond, the Connecticut River Reservoirs, and the waterbodies with a defined wakesports zone listed in Appendix E.
e. All provisions of 10 V.S.A. § 1454 regarding aquatic nuisance species inspection apply to wakeboats, and wakeboat users shall drain the ballast tanks of their boats to the fullest extent practicable after leaving waters of the state. This subsection 3.8.e. applies to Lake Champlain, Lake Memphremagog, Wallace Pond, the Connecticut River Reservoirs, and the waterbodies with a defined wakesports zone listed in Appendix E.
f. The above prohibition on wakesports (subsection 3.8.a.) may be modified on a case-by-case basis in response to petitions filed pursuant to 10 V.S.A. § 1424.
VT Department of Environmental Conservation
House Environment & Energy 01-25-2024 1:15 PM
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