Abandoned boats in Lake Champlain expose hole in Vermont law

COLCHESTER - One shipwreck lies on its side in Malletts Bay, encased in ice halfway up its listing hull and into the passenger compartment.

Another vessel sank to the bottom of Lake Champlain off South Hero, the mast peeking out above the surface.

And nobody is claiming the legal authority to do anything about them.

The boats, abandoned by their owners last fall, exposed a hole in Vermont law: There's nothing on the books that gives local communities, the police, state agencies, the Coast Guard or anybody else the explicit power to swoop in and remove discarded vessels on public waters.

State and local officials and law enforcement agree: Vermont statutes are silent on the subject because the issue is a new and unanticipated one.

"I see every boat that goes out and in, and it's never ever come to a problem," said state Sen. Dick Mazza, D-Grand Isle, who has owned a general store near Malletts Bay in Colchester for more than six decades. He represents both communities where sinking, abandoned vessels became a concern last year.

"No one's ever addressed it, because we didn't have a problem."

State law is precise in many areas regarding bodies of water, regulating everything from recreation and public access to how the rules of the "road" apply to a lake that's frozen solid enough to support vehicle traffic. There even are laws that mandate when ice-fishing enthusiasts must remove their shanties.

But nothing about when boat owners must remove their vessels. That's about to change.

"Here is the hole in the doughnut, if you like, with the doughnut being made up of different laws from different departments and entities," said Emily Boedecker, commissioner of the Vermont Department of Environmental Conservation.

Boedecker's department is among a bevy of government entities working to figure out a solution, along with the agencies of Natural Resources and Transportation, the Department of Fish and Wildlife, state lawmakers and law enforcement.

"We have made a commitment that we are going to come up with a solution," she said. "We will find a short-term answer, and we will find a long-term answer."

The short-term solution remains to be seen. Can the state invoke anti-dumping or anti-littering laws? Are environmental regulations regarding oil and gasoline spills enough to empower the authorities to act? Would it be best to break up ice surrounding a vessel, or wait until the spring thaw? Who pays?

Boats in the water

In South Hero, the situation worked itself out. The sailboat's owner abandoned the watercraft on Lake Champlain in late summer but eventually hired a salvage company, Hero Divers, to raise the boat and tow it Dec. 12 to the last remaining open marina on the northern lake, said company co-owner Marc Valin.

The recovery operation happened just before the small, unnamed bay — informally called Knee Deep Bay or Turtle Bay — on the southeast side of South Hero froze solid, Valin said.

Fuel had leaked from the sailboat, Valin said, and the Department of Environmental Conservation provided booms and other containment assistance. The department has limited funding and legal authority to ramp up involvement, depending largely on the severity of the pollution, said Matt Chapman, the department's lawyer.

Usually, Chapman added, a boat's owner would take responsibility and remove the vessel.

He said he is reviewing "environmental violations that have taken place" regarding the Malletts Bay boat, including the notion of discharging waste without a permit, "and then we would assign an attorney to move forward in initiating any environmental enforcement action against the owner of the boat."

For now, even as the town and the state promise that a solution is near, the situation remains unresolved.

Colchester police received the first call about the listing 26 foot power boat Nov. 18, said Lt. Douglas Allen. Since then, officers have tried repeatedly to find a fix — contacting the Coast Guard, examining state law, trying to force the owner to act.

No dice.

"We made several attempts at telephone, and then we sent officers to his residence, and we finally did make contact by telephone," Allen said, referring to the boat's owner. "He listened to us for a few minutes and then ceased the conversation. He has not been responsive to our requests to take any action."

The boat owner did try at least once to hire a salvage company to remove the vessel before the lake froze, but it didn't work out, said Dawn Francis, Colchester's town manager.

Public records maintained by Colchester police identify the owner as Matthew Yarbenet of Essex Junction. The Burlington Free Press was unable to find a working telephone number for him.

Last week, someone went onto the Malletts Bay ice and erected a sign Yarbenet's name and phone number, along with a colorful "sale" flag and solar-powered lights. Calls to the number went unanswered, and there was no way to leave a message.

Empowered to act

Republican Gov. Phil Scott and his administration have held Cabinet-level discussions about the issue this month, said Michele Boomhower, director of policy, planning and intermodal development at the Transportation Agency.

"The agencies were asked to put their heads together and see what they could do to assist," she said.

State statute gives government the ability "to go after the owners of automobiles that have become abandoned, so if the responsible party doesn't take care of their vehicle, the state can go after it and then recover the financial cost for that disposal from the registered owner," Boomhower said. "There are no laws on the books that apply to boats in this regard — or snowmobiles or ATVs, for that matter."

She added, "This is a very unusual situation, and it's interesting that two of these have come up at the same time."

Francis, the Colchester town manager, said the issue has generated unprecedented interest.

"We're problem-solvers here in local government. We don't like passing the buck. But I don't want to risk our employees' safety to try to take it out without the proper equipment, or the authority under the law," she said. "We've explored our stormwater ordinance, looked at town ordinances in terms of did we have any jurisdiction, and we don't."

Boedecker, the Environmental Conservation commissioner, said state efforts to find authority to remove the Malletts Bay boat are ongoing.

"We don't want to be creative with laws. We don't want to be able to interpret the law to suit our situation," she said. "What we said to the town is, we will find an answer."

The long-term solution, everyone involved agreed, requires changing state law.

Mazza, the long-time senator and store owner, said he would introduce legislation as soon as possible this session to close the abandoned-vehicle loophole.

"We were very surprised to find there was nothing on the record," Mazza said. "Nobody seems to take ownership. You can let a boat sink, let it go.

"Fishing shanties have legislation," he added. "Somehow the boat seems to stand out."

This story has been updated.

Contact Adam Silverman at 802-660-1854 or asilverman@freepressmedia.com. Follow him on Twitter at @wej12.