The Champlain basin compact as first entered into pursuant to chapter
905 of the laws of 1966, is hereby continued as follows:
THE CHAMPLAIN BASIN COMPACT
ARTICLE 1--PURPOSE
1.1 The signatory parties agree that there is need for a regional
intergovernmental forum for consideration of the problems and
coordination of governmental activities in the great underdeveloped
Champlain Basin.
1.2 The signatory parties recognize the water and related resources
of the Champlain Basin as regional assets vested with local, state and
national interests for which they have joint responsibility, and that
the conservation, utilization, development, management and control of
the water and related resources of the Champlain Basin under a
comprehensive multi-purpose plan is essential to provide the greatest
benefits for the public welfare.
1.3 The signatory parties acknowledge that planning and protection
are essential in order to assure orderly development, safeguard the
values of the area, and preserve the magnificent beauties and amenities
of the great boundary sea of Lake Champlain and its environs, and this
need is greatest in the areas most subject to the pressures of
urbanization, the counties riparian on Lake Champlain and in particular
the lake and its immediate environs.
1.4 To these ends, the signatory parties find that it is essential to
establish a joint agency of the signatory parties, with powers
sufficient and appropriate:
a) to provide a forum for consultation among and coordination of
governmental agencies in the area.
b) formulate a comprehensive plan and program to effectuate proper
management of the water and related resources of the Champlain Basin.
c) encourage and implement planning and protection of values and
amenities in the counties riparian on Lake Champlain.
d) consider, formulate and recommend programs and provisions for the
protection of the values and amenities of Lake Champlain and its
immediate environs; and administer and enforce such programs when
authorized by the legislatures of the respective states.
ARTICLE 2--SHORT TITLE, DEFINITIONS
2.1 This act shall be known and may be cited as the Champlain Basin
Compact.
2.2 The term "Champlain Region" shall mean the area included within
the boundaries of the Champlain Basin.
2.3 The term "Champlain Basin" shall mean Lake Champlain, its
tributaries and all land drained by that Lake and its tributaries to
whatever extent they lie within the signatory states.
2.4 The term "Champlain Valley" shall mean the area in Vermont
contained in the counties of Grand Isle, Franklin, Chittenden, Addison,
and those portions of Rutland County which are within the basin, the
areas in New York contained in the counties of Clinton, Essex, Warren,
and those portions of Washington county which are within the basin.
2.5 The term "Lake Champlain Park" shall mean Lake Champlain, its
bays and indentations and shores, and the land and waters in both states
contained within one quarter of a mile west of the outside state
property line of Interstate 87 from the international boundary to Glens
Falls, on the east side contained within one quarter of a mile east of
the outside state property lines of Interstate 89 starting at the
Canadian border to Burlington, Interstate 189 to South Burlington, U.
S. 7 to Vergennes, 22A to Fairhaven and 4 to Whitehall, provided that
with respect to advertising this shall include any structures, displays
or devices which can be seen from the lake if they are not otherwise
included.
2.6 The term "Lake Champlain" shall include the Lake, its islands,
the lands under its waters up to the international boundary and its
tributaries up to the boundaries of the Lake Champlain Park.
ARTICLE 3
3.1 The Champlain Basin Compact shall come into effect when enacted
by the legislatures of Vermont and New York.
The provisions of Title 1 of Article 6 with respect to water and
related resources management and the operation of the Basin panel with
respect thereto shall come into effect when enacted by Vermont and New
York and Title II of Article 6 shall come into effect when such a title
has been enacted by the two states and the Congress has enacted
legislation making the United States a signatory party to the provisions
of Title II of Article 6 and provided for United States participation in
the Basin Panel.
The provisions of Articles 7 and 8, the operation of the Valley
Council with respect thereto, and all provisions of the compact except
Title II of Article 6 as provided for shall come into effect when
enacted by Vermont and New York.
3.2 The province of Quebec and the Government of Canada subject to
such arrangements as may be necessary to effect participation under the
constitutions of both nations may participate in this agreement or the
Basin Panel thereof to that extent and under such terms as may be agreed
between such government or governments and the signatory parties.
3.3 The Interstate Commission on the Lake Champlain Basin (Incochamp)
is hereby created by the signatory parties as a body politic and
corporate, with succession for the duration of this compact, as an
agency and instrumentality of those parties. The Commission shall be
composed of six members from each state and when the United States
participates in the Basin Panel as a signatory party, a representative
of the United States with the following powers and duties.
The states of Vermont and New York, and when the United States
participates as a signatory party, the United States of America shall be
entitled to a representative on the Basin Panel to act for it in the
management of the water and related resources of the Champlain Basin
under the provisions of Article 6. In the instance of Vermont and New
York, the state member shall be the Governor or a representative
designated by the Governor to act for him. The United States
representative shall be appointed by the President.
Each state shall name four planning members, and a state legislator
from a constituency in the Champlain Basin. These members shall be
designated or appointed and serve and be subject to removal as provided
in the legislation by which their state enacts this compact.
The representatives of the signatory parties shall exercise the
following voting powers in the Commission:
The representative of the United States may participate in all
discussions but vote only on all matters with respect to the provisions
of Article 6 and the Basin Panel thereof.
The representatives of each state on the Basin Panel may participate
in all discussions and vote on all matters.
The planning members may participate in all discussions and vote on
all matters except those matters within the purview of the Basin Panel
as embodied in Article 6 of this compact. The legislative member may
participate in all discussions and vote on all matters except those
matters within the purview of the Basin Panel as embodied in Article 6
of this compact and those with respect to management and administration
of regulatory and proprietary functions contained or established under
the provisions of Articles 7 and 8.
3.4 a) The Commission as a whole shall act as a forum for the
problems of the Champlain region and, where needful, in coordinating the
activities within the region of the signatory parties, their
subdivisions and agencies, and in addressing general recommendations to
any government or governments with jurisdiction within the area
encompassed by the signatory parties other than recommendations with
respect to subjects on which recommendations are within the purview of
the Basin Panel as embodied in Article 6 of this compact.
b) The Basin Panel of the Commission shall be composed of the
representatives of the signatory parties designated to act for them in
the management of the water and related resources of the Champlain
Basin. Voting on all matters as included in Article 6 of this agreement
shall be limited to the members of the Basin Panel. Each member of the
panel shall be entitled to one vote on all matters which may come before
the panel. No action of the panel shall be taken at any meeting unless a
majority of the membership shall vote in favor thereof. Each member of
the panel shall appoint an alternative to act in his place and stead,
who shall attend all meetings of the Panel with power to vote in the
absence of the member.
c) The Valley Council of the Commission shall act with respect to
matters relative to the Valley and Lake Champlain Park as included in
Articles 7 and 8 and shall be composed of the four planning members from
each state, the representatives of each state on the Basin Panel and
subject to the limitations described in 3.3 herein the Legislative
members. Each member of the Valley Council shall be entitled to one
vote. When the United States participates in the Basin Panel, the
representative of the United States shall be entitled to participate in
the discussions in the Valley Council and the Commission as a whole.
d) No action of the Commission as a whole or its Valley Council shall
be binding unless taken at a meeting in which a majority of the members
from each state are present and unless a majority of those qualified to
vote on such action from each state concur, provided that any action not
binding for such reason may be ratified within thirty days by the
concurrence of a majority of each state. In the absence of any
representative his vote may be cast by another representative of his
government in the Commission, provided that the representative casting
the vote shall have a written proxy in proper form as may be required by
the Commission.
3.5 The Commission may sue and be sued, and shall have a seal.
3.6 The Commission shall elect annually, from among its members, a
chairman, a vice-chairman, and a treasurer. The commission shall appoint
an executive director who shall also act as secretary and who, together
with the treasurer, shall be bonded in such amounts as the Commission
may require. Each panel shall elect annually a chairman and
vice-chairman from among its members.
3.7 Irrespective of the civil service, personnel or other merit
system laws of any of the signatory parties, the Commission shall
appoint and remove or discharge such personnel as may be necessary for
the performance of the Commission's functions. The Commission may
establish and maintain in conjunction with any one or more of the
signatory parties a suitable retirement system for its employees.
Employees of the Commission shall be eligible for social security
coverage in respect to old age and survivors insurance, provided that
the Commission takes such steps as may be necessary to participate in
such program as of insurance as a governmental agency or unit.
3.8 The commission may establish and maintain or participate in such
additional programs of employee benefits as may be appropriate to afford
employees of the Commission terms and conditions of employment similar
to those enjoyed by employees of the signatory states generally.
3.9 a) The Commission may borrow, accept or contract for the
services of personnel from any inter-governmental agency or government
with jurisdiction in the region or any subdivision or agency thereof, or
from any institution, person, firm or corporation.
b) The Commission may accept for any of its purposes and functions
under this Compact any and all donations, and grants of money,
equipment, supplies, materials, and services, conditional or otherwise,
from any government, inter-govermental agency, institution, person,
firm, or corporation, and may receive, utilize, and dispose of the same
provided no non-governmental donation or grant in kind or money shall be
accepted for administrative or operating expenses. The Commission shall
have the power to apply and qualify for and accept federal grants.
3.10 a) The Commission may establish and maintain such facilities as
may be necessary for the transacting of its business. For these
purposes the Commission may acquire, hold and convey real and personal
property and any interest therein.
b) The Commission may adopt, amend, and rescind bylaws, rules, and
regulations for the conduct of its business.
c) The Commission annually shall make a report to the Governors and
the President of the United States. The report, which shall cover the
activities of the Commission for the preceding year and embody such
recommendations as may have been adopted by the Commission, shall be
transmitted to the legislatures of all governments with jurisdiction in
the region. The Commission may issue such additional reports as it may
deem desirable.
ARTICLE 4--FINANCE
4.1 The Commission shall submit to the executive head or designated
officer of each signatory party a budget or budgets for the Basin or
Valley including a statement of all funds expected to be available to
the Commission and their sources and, a request for an appropriation to
cover that party's share of expenditures for such period as may be
required by the laws of that jurisdiction for presentation to the
legislature thereof.
4. With due regard for such monies and other assistance as may be made
available to it, the Commission shall be provided with such funds by
each of the several parties participating therein to provide the means
of establishing and maintaining facilities, a staff of personnel, and
such activities as may be necessary to fulfill the powers and duties
imposed upon and entrusted to the Commission or the Basin Panel or
Valley Council thereof.
With due allowance for monies otherwise available, and monies made
available by the United States of America, each budget of the Commission
shall be the responsibility of the signatory parties, but as to the
states apportioned between them as follows: 50% on an equal basis; 30%
on the basis of population; 20% on the basis of area, such population to
be determined in accordance with the last official United States Census
of Population.
4.3 The Commission shall not pledge the credit of any jurisdiction.
The Commission may meet any of its obligations in whole or in part with
funds available to it under 3.8(b) of this compact, provided that the
Commission takes specific action setting aside such funds prior to the
incurring of any obligation to be met in whole or in part in such
manner.
4.4 The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be
subject to the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds handled by the
Commission shall be audited by a qualified public accountant and the
report of the audit shall be included in and become part of the annual
report of the Commission.
4.5 The accounts of the Commission shall be open at any reasonable
time for inspection by such agency, representative, or representatives
of the jurisdictions which appropriate funds to the Commission.
ARTICLE 5--CHAMPLAIN REGION--ORDERLY DEVELOPMENT
5.1 The Commission shall act as a general forum for the problems of
the region, including, but not limited to, those for which the agreement
establishes separate consideration by the Basin Panel and Valley
Council, and to that end shall encourage and implement channels of
communication and coordination among those departments and agencies of
the signatory parties and their subdivisions as have significant
interest in the subject matters of the Commission's activities and may
make such recommendations to those parties, and those departments,
agencies, and subdivisions as may be desirable for the welfare and
orderly development of the region.
5.2 The Commission shall hold an annual general conference and such
other conferences or meetings, general or particular, as it may deem
advisable to promote the welfare and orderly development of the region.
5.3 The Commission shall sponsor, organize or encourage and aid
conferences of the local governments of the Basin or such areas thereof
as may be appropriate to implement inter-governmental information,
co-operation, and coordination on and among all levels of government in
the region. To effectuate better coordination in the region the
Commission shall promote mutual aid and multilateral arrangements
between the signatory parties and their agencies and local governments
and their agencies and encourage interlocal legislation and agreements.
It may sponsor or encourage the publications of local government
bulletins or information to these ends.
5.4 The Commission may:
a) establish advisory and other technical committees as occasion
warrants, composed of private citizens, expert and lay personnel,
representatives of industry, labor, commerce, agriculture, civic
associations and officials, and personnel of any government or
inter-governmental organization having jurisdiction in the region.
b) cooperate with all appropriate governmental and private agencies
in the encouragement of the orderly development of the region and of
tourist traffic and facilities.
c) organize, sponsor and encourage historical observances or other
festivals and exhibitions to promote the welfare and orderly development
of the region.
d) plan and recommend governmental services and programs which would
be of assistance to the orderly growth and prosperity of the region, and
to the well-being of its population.
e) study and recommend means for the most effective utilization of
such federal assistance as may be available on a regional basis or may
have an interstate or regional impact.
f) assist the party states in cooperative planning undertakings with
the federal government or any agencies thereof within the Champlain
region.
5.5 The Commission shall compile and keep current an inventory of
scenic, ecological and historic sites and its recommendations with
respect thereto.
ARTICLE 6--LAKE CHAMPLAIN BASIN--WATERSHED MANAGEMENT
Title I
6.1 It is the purpose of this Compact to provide in the Champlain
Basin improved procedures for the coordination of the policies, programs
and activities of the several jurisdictions and private persons and
entities in the field of water and related resources and for the
planning and management of the development, use and conservation of such
water and related resources.
6.2 The Commission utilizing appropriate state and other duly
authorized public agencies may through its Basin Panel:
a) Conduct and sponsor research on water resources and their
planning, use, conservation, management, development, control, and
protection, and the capacity, adaptability, and best utility of each
facility thereof, and collect, compile, correlate, analyze, report, and
interpret data on water resources and uses in the basin, including
without limitation thereto the relation of water to other resources,
industrial water technology, ground water movement, relation between
water price and water demand and other economic factors, and general
hydrological conditions:
b) Collect, compile, coordinate, and interpret systematic stream
stage and ground water data, and publicize such information when and as
needed for water uses, flood warning, quality maintenance, or other
purposes:
c) Conduct ground and surface water investigations, tests, and
operations, and compile data relating thereto as may be required to
formulate and administer the comprehensive plan:
d) Prepare, publish, and disseminate information and reports
concerning the water problems of the basin and for the presentation of
the needs and resources of the basin and policies of the commission to
executive and legislative branches of the signatory parties to this
article.
6.3 The Commission through its Basin Panel shall develop and adopt,
and may from time to time review and revise, a comprehensive plan for
the immediate and long range development and use of the water resources
of the basin. The plan shall include all public and private projects
and facilities which are required, in the judgment of the Commission,
for the optimum planning, development, conservation, utilization,
management, and control of the water resources of the basin to meet
present and future needs. The commission may adopt a comprehensive plan
or any revision thereof in such part or parts as it may deem
appropriate, provided that before the adoption of the plan or any part
or revision thereof the Commission shall consult with water users and
interested public bodies and public utilities and shall consider and
give due regard to the findings and recommendations of the various
agencies of the signatory parties, their political subdivisions and
interested groups. The Commission shall conduct public hearings with
respect to the comprehensive plan prior to the adoption of the plan or
any part of the revision thereof and shall make public any dissenting or
minority opinions.
6.4 The Commission shall promote and aid the coordination of the
activities and programs of Federal, state, municipal, and private
agencies concerned with water resources administration in the basin.
6.5 In the event the legislatures of the two states and the Congress
of the United States do not within a year from the date of the enactment
of this Compact enact a Title II of this article providing for the
implementation of the comprehensive plan in terms of a water resources
program and management of water and related resources in the Champlain
Basin, the Basin Panel shall prepare and recommend provisions to
effectuate these purposes for enactment as such title by the two states
and the United States. Nothing in this article, however, shall be
construed to prohibit action by the Basin Panel to this end during the
two year period immediately following the enactment of this compact or
thereafter.
ARTICLE 7--CHAMPLAIN VALLEY--PLANNING FOR DEVELOPMENT
7.1 It is the purpose of this Compact to encourage and coordinate
local, regional, interstate and international planning and zoning in the
Champlain Valley in order to safeguard its beauty and amenities and
assure its orderly development as population pressures inevitably grow
in this core of the Champlain Basin.
7.2 The Commission, acting through its Valley Council may recommend
standards as guides for planning, zoning, and other action which will
promote balanced development.
7.3 The Commission, acting through its Valley Council may act as
coordinator or as an agency for the inter-governmental coordination and
effectuation of local, regional, state, interstate and international
planning.
7.4 a) The Commission, acting through its Valley Council after
consultation with appropriate agencies of the signatory states, may
recommend a comprehensive master plan for their public works and like
expenditures in the Valley or a portion thereof, which, in those
particulars and for such period as is approved by the legislatures of
the signatory states, shall be observed by them with the same force and
effect as if incorporated in this agreement.
The Valley Council may, from time to time, recommend plans for the
Valley, supplementary to or amendatory of any previous plan, which in
the same fashion shall be observed by the parties so agreeing, with same
force and effect as if incorporated in this agreement.
b) The Valley Council in consultation with the planning agencies of
the states and their political subdivisions is authorized to adopt and
from time to time, amend or extend, a comprehensive plan for the
development and protection of the Champlain Valley to serve as a general
framework or guide of development within which each part of the Valley
may be more precisely planned and which shall include among things, a
land use plan and which shall serve to reconcile and integrate planning
proposals throughout the valley.
ARTICLE 8--LAKE CHAMPLAIN PARK
8.1 The signatory parties find that the protection of the amenities
and resources of Lake Champlain and its adjacent area is central to the
economic health and orderly development of the entire valley and region.
Accordingly, it is the purpose of this Compact to provide through the
Commission acting through its Valley Panel a mechanism for joint action
of the signatory parties in safeguarding the values, resources, and
amenities of Lake Champlain and its adjacent area in accordance with the
comprehensive plan.
8.2 The Lake Champlain Park as described in 2.5 of this agreement
shall constitute a zone in which the Valley Council may perform the
functions described in this article.
8.3 The Commission through its Valley Panel may draft and recommend
for adoption ordinances and regulations which would assist, develop and
protect the park area and the character of its communities.
Local governments may consider parts of their area which are within
the park area under the provisions of this article separately from the
municipality as a whole and pursuant to the laws of the state governing
the adoption of these regulations generally may enact regulations
limited to the designated area. In making recommendations to a local
government which is partly in and partly out of the park, the Valley
Council may make recommendations for the entire municipality.
8.4 In order to preserve and enhance the natural beauty and the
amenities of the Lake Champlain Park; protect and conserve the
investment of the signatory parties in forest land, islands, state
campsites and other interest in real property in the parks; preserve and
regulate the park for public uses for the resort of the public for
recreation, transportation, pleasure, air, light, and enjoyment; keep it
open, safe, clean and in good order for the welfare of society and
prevent unrestricted commercial development, the Commission through its
Valley Council shall recommend within three years after the adoption of
the Compact, or report its reasons for not so doing, legislation for
these purposes which shall come into effect inside the boundaries of the
parks area within the jurisdiction of a state upon enactment by the
legislature concurred in by the legislature of the other state:
a) Protection of the Lake and its Environs
Regulation of: advertising, objectionable use of property, filling or
use for private purposes of state lands under water, conduct of boats
and vessels with respect to safety and sanitation, maintenance of lake
levels, sewage disposal into the lake, dumping and littering on its
waters or frozen surface. The encouragement of restrictive covenants.
b) Coordination of Law Enforcement
Establishment of common high and low water marks and state
jurisdiction with regard thereto, aid to local law enforcement over the
use of the lake, provisions for the enforcement of laws by joint or
coordinated state or local action, deputation of law enforcement powers
as among jurisdictions, provisions for the appearance of the Commission
in the courts of either state with power to bring actions or proceedings
in law or equity to enforce provisions of law and requirements as they
apply to the area set forth in paragraph 2.5 of this Compact.
A negative report shall not preclude a later affirmative
recommendation or recommendations on these subjects by the Valley
Council. The listing of matters in (a) and (b) of this paragraph shall
not be interpreted to preclude recommendations on matters not so listed.
Nothing in this article shall be construed to prohibit action by a
signatory party, or the signatory parties by means of legislation other
than legislation concurred in by both states.
8.5 Nothing in this Compact or in any regulation issued under the
provisions of this article or concurrent legislation enacted in
accordance therewith shall be interpreted to supersede actions of a park
district created under the laws of either state lying wholly or
partially in the Lake Champlain Park unless the Valley Council
specifically states such effect is necessary for the adequate protection
of the amenities and values of the Lake Champlain Park.
Nor shall this compact be interpreted to prohibit more stringent
action by a signatory party.
ARTICLE 9
Except as may be stipulated in Title II of Article 6 nothing in this
Compact shall be construed to impair, or otherwise affect the
jurisdiction of any interstate agency in which any party state
participates not to abridge, impair, or otherwise affect the provisions
of any compact to which any one or more of the party states may be a
party, nor to supersede, diminish, or otherwise affect any obligation
assumed under any such compact; nor shall anything in this compact be
construed to discourage additional interstate compacts among some or all
of the party states or the establishment of intergovernmental agencies
in sub-areas of the region or to limit the jurisdiction or activities of
any participating government, agency, or officer thereof, or any private
person or agency.
ARTICLE 10
The provisions of this Compact shall be severable and if phrase,
clause, sentence or provision of this Compact is declared to be
unconstitutional or the applicability thereof to any state, agency,
person or circumstance is held invalid, the constitutionality of this
Compact, and the applicability thereof to any state, person or
circumstance shall not be affected thereby. It is the legislative
intent that the provisions of this Compact be reasonably and liberally
construed.
ARTICLE 11
This Compact shall continue in force and remain binding on the
signatory parties unless renounced by legislative action of a signatory
party at least four years in advance of the effective date of
withdrawal. Such withdrawal shall not affect the operation of the
provisions of this Compact with respect to the continued operations of
the Basin Panel and Article 6 under separate withdrawal provisions for
that article.