STATE OF VERMONT
AGENCY OF NATURAL RESOURCES
MARCH 1, 1993

Under the authority vested in 3 V.S.A., Chapter 51, Section 2803, and 10 V.S.A., Chapter 83, Section 2603, the Secretary of the Agency of Natural Resources designates the following public lands for use by hang gliders and paragliders to be effective March 1, 1993.

1. Purpose

Pursuant to 3 V.S.A. S 2603 and 10 V.S.A. 2803, no person may launch a hang glider or paraglider from state land unless such land has been expressly designated for such use. Public lands as specified or described in these regulations shall be open for use by hang gliders and paragliders under the conditions described. Any person may make application for designation or closure of state land by writing the Secretary, Agency of Natural Resources, 103 So. Main St., Waterbury, Vt 05671.

2. Definitions

(A) "Hang Gliding" and "Paragliding" means the act, essentially a sport, of flying through the air utilizing a hang glider or a paraglider.

(B) "Hang Glider" (with a rigid wing) and "Paraglider" (with a non-rigid wing) means a heavier-than-air vehicle capable of being physically carried, launched, flown and landed by the hang glider or paraglider pilot. These vehicles fall within the definition of aircraft as determined and administered by the Federal Aviation Administration and the Agency of Transportation of the State of Vermont.

(C) "Hang Glider Pilot" and "Paraglider Pilot" means an individual who participates in hang gliding or paragliding, respectively.

(D) "State Land" means real property owned or controlled by the Agency of Natural Resources.

(E) "Launch Site" means the location from which a pilot launches the vehicle for hang gliding or paragliding.

(F) "Secretary" means the Secretary of the Agency of Natural Resources.

3. Designation of State Lands

After due notice, the Secretary may permit hang gliding and paragliding from authorized launch sites on state lands and establish conditions for use of these authorized launch sites. However, if the Secretary thereafter finds that use of an authorized launch site is causing 'undue adverse impact on the environment or on the health, safety, and welfare of the public, he or she may close all or some of such launch sites for a period not to exceed thirty-five (35) days and thereafter only upon due notice. Hang gliding and paragliding from state lands, other than at authorized launch sites, is prohibited.

4. Safety Regulations

All flights shall conform to the current "Part 100 - Basic Safety Regulations" of the United States Hang Gliding Association and/or the current regulations of the American Para Gliding Association, whichever is most appropriate. These regulations are attached as Appendix A.

5. Rating System

All Hang Glider Pilots and Paraglider Pilots shall be rated according to "Part 104 - Pilot Proficiency System" of the United States Hang Gliding Association and/or the rating system of the American Paragliding Association, whichever is most appropriate. only pilots who have qualified for the required rating may fly from authorized launch sites. These ratings are attached as Appendix B.

6. Permit for Use of Launch Sites

Each pilot must receive permission from-the designated person at the site to launch from that site. In order to receive permission the person must show proof that he or she is a member in good standing of the United States Hang Gliding Association and/or the American Paragliding Association or foreign equivalent, and show proof that he or she meets the rating required to launch from that site. The individual must also sign an annual waiver of liability, to run from the park opening one year to the park opening of the next year, saving and holding the State of Vermont and its employees and agents free from all claims arising from bodily injury or property damage incurred while participating in hang gliding or paragliding at the permitted sites. On the specific day of the launch the pilot must sign a log-in and indicate his or her rating.

7. Payment of Fees

Pilots shall be subject to the same fees as other persons using the area at which the launch site is located. Payment of the required fee, after meeting the requirements of section 6 above, constitute the issuance of the required permit.

8. Special Events

Contests, meets, demonstrations, and other special-events will be permitted only by written permission of the Secretary, or the Secretary's designee.

9. Site Modification

There shall be no modification of any site without the written approval of that employee of the Agency of Natural Resources responsible for the management of that site.

10. Authorized Sites

The following sites are designated as launch sites and may be used under the conditions described:

(A) Ascutney State Park at points known as "Brownsville Rock" and "South Peak." These sites may be used by hang glider pilots with an "Intermediate Rating" or paraglider pilots with a Class III (Advanced) rating. These sites may be used during the regular park season and during the off season with a special use permit only.

(B) Darling State Park at points known as the top of "Doug 's Drop" and "Upper Willoughby" ski trail, subject to the approval and conditions of property lessee, Bear Kingdom, Ltd. These sites may be used by hang glider pilots with an "Intermediate Rating" and paraglider pilots with a Class III (Advanced) rating. These sites may be used only when the Toll Road is open to the public.

STATE OF VERMONT
AGENCY OF NATURAL RESOURCES