Alphecca

VT to MassHole: No Case!

For more background you can read this. In a nutshell, and that's what this MassHole is, he buys a house across the street from an active rifle range. The real estate listing clearly stated that the home was in close proximity to a rifle range. MassHole wants to shut the range down. He tries to do it by going to VT's environmental enforcement board (Act 250) with several claims. Copies of the correspondence are sent to the town and other interested parties. Vermont's Natural Resources Board administers Act 250 permits, complaints, etc.

Last night I went to the monthly meeting of the Upper Valley Fish & Game Club, which leases the land from the Town of Thetford for $1 dollar a year. They are in the final 10 years of a 20 year lease, the second such lease they've had which allows them to maintain the range and a fishing pond.

I was shown some of the correspondence between the MassHole and Vermont's NRB. The MassHole made several claims that "improvements" by the club to the range "impacted" the environment. One was that the club cut down a tree. In fact, a tree blew down in a storm and one club member cut it up, stacked it, and left it where it was. The NRB found for the club and rejected MassHole's claim.

Another was that the club cleared land many years ago to extend the range to 200 yards. In fact, the land was already cleared and the club only cleared some brush. The NRB found for the club.

A further claim was made that the club erected a five position shooting stand and noise had increased. In fact, the range has been far busier in the past. The NRB found for the club.

Note that these are not "official" rulings, simply that the NRB has found no cause to launch an official investigation and hearing.

Put bluntly, the MassHole has lost this round against the club and (since the property is owned by the town) the municipality. The range can continue to operate.

As one club officer told me, it's interesting that this absentee home owner didn't even try to contact the club directly to make neighborly friends, perhaps request that hours be restricted a bit, etc. The club does encourage members not to use the range before 9-10 AM in the morning and not after dusk. He told me that the club probably would have considered further restrictions but now they are not needed.

Vermont already has a statute protecting shooting ranges:

§ 5227. Sport shooting ranges; municipal and state authority.

(a) "Sport shooting range" or "range" means an area designed and operated for the use of archery, rifles, shotguns, pistols, skeet, trap, black powder, or any other similar sport shooting.

(b) The owner or operator of a sport shooting range, and a person lawfully using the range, who is in substantial compliance with any noise use condition of any issued municipal or state land use permit otherwise required by law shall not be subject to any civil liability for damages or any injunctive relief resulting from noise or noise pollution, notwithstanding any provision of law to the contrary.

(c) If no municipal or state land use permit is otherwise required by law, then the owner or operator of the range and any person lawfully using the range shall not be subject to any civil liability for damages or any injunctive relief relating to noise or noise pollution.

(d) Nothing in this section shall prohibit or limit the authority of a municipality or the state to enforce any condition of a lawfully issued and otherwise required permit.

Added 1991, No. 20; amended 2001, No. 61, § 71, eff. June 16, 2001.

MassHole: Go home!