Several exemptions exist, however.
Encroachments that were in existence in 1967 and have not been enlarged since then do not need an encroachment permit. Another exemption states that unless boating is unreasonably impeded, a permit is not required for small noncommercial wooden or metal docks mounted on piles or floats. To qualify for this exemption, the portion of the dock that extends beyond elevation 95.5 feet on Lake Champlain cannot exceed 50 feet in length and 500 square feet in surface area. Also, concrete, masonry, earth or rock fill, sheet piling, cribwork or similar construction cannot form part of the dock. While the Department has written many permits for docks larger than 50 feet in length or 500 square feet in size on Lake Champlain, only docks that serve a public purpose can be permitted.