Title 10 — Conservation and Development

The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated, provided as a convenience by the Vermont General Assembly. The official text is the printed Vermont Statutes Annotated published by LexisNexis.

Chapter 1 Economic Development

§ 1 Repealed

[Repealed]

2009, No. 156 (Adj. Sess.), § E.801.1, eff. June 3, 2010.

§ 2 Repealed

[Repealed]

2011, No. 162 (Adj. Sess.), § E.800.3.

§ 3 Economic development; principles; review and assessment

(a) For purposes of the Vermont Statutes Annotated and State economic development programs and assistance, “economic development” means the process of generating economic wealth and vitality, security, and opportunity for all Vermonters.

(b) There are established the following four interrelated principles for future economic development in Vermont:

(1) Vermont’s businesses, educators, nongovernmental organizations, and government form a collaborative partnership that results in a highly skilled multigenerational workforce to support and enhance business vitality and individual prosperity.

(2) Vermont invests in its digital, physical, and human infrastructure as the foundation for all economic development.

(3) Vermont State government takes advantage of its small scale to create nimble, efficient, and effective policies and regulations that support business growth and the economic prosperity of all Vermonters.

(4) Vermont leverages its brand and scale to encourage a diverse economy that reflects and capitalizes on our rural character, entrepreneurial people, and reputation for environmental quality.

(c) The four principles shall be used to guide the design and implementation of each economic development program, policy, or initiative that is sponsored or financially supported by the State, its subdivisions, agencies, authorities, or private partners.

(d) [Repealed.]

(Added 2009, No. 54, § 4, eff. June 1, 2009; amended 2015, No. 11, § 2.)

§ 4 New relocating employee incentives

(a) The Agency of Commerce and Community Development shall design and implement a program to award incentive grants to relocating employees as provided in this section and subject to the policies and procedures the Agency adopts to implement the program.

(b) A relocating employee may be eligible for a grant under the program for qualifying expenses, subject to the following:

(1) A base grant shall not exceed $5,000.00.

(2) The Agency may award an enhanced grant, which shall not exceed $7,500.00, for a relocating employee who becomes a resident in a labor market area in this State in which:

(A) the average annual unemployment rate in the labor market area exceeds the average annual unemployment rate in the State; or

(B) the average annual wage in the State exceeds the annual average wage in the labor market area.

(c) The Agency shall:

(1) adopt procedures for implementing the program, which shall include a simple certification process to certify relocating employees and qualifying expenses;

(2) promote awareness of the program, including through coordination with relevant trade groups and by integration into the Agency’s economic development marketing campaigns;

(3) adopt procedures to initially approve an applicant for a grant after verifying a relocating employee’s eligibility and to make final payment of a grant after verifying that the relocating employee has completed relocation to this State; and

(4) adopt measurable goals, performance measures, and an audit strategy to assess the utilization and performance of the program.

(d) Annually, on or before January 15, the Agency shall submit a report to the House Committee on Commerce and Economic Development and the Senate Committee on Economic Development, Housing and General Affairs concerning the implementation of this section, including:

(1) a description of the policies and procedures adopted to implement the program;

(2) the promotion and marketing of the program; and

(3) an analysis of the utilization and performance of the program, including the projected revenue impacts and other qualitative and quantitative returns on investment in the program based on available data and modeling.

(e) As used in this section:

(1) “Qualifying expenses” means the actual costs a relocating employee incurs for relocation expenses, which may include moving costs, closing costs for a primary residence, rental security deposit, one month’s rent payment, and other relocation expenses established in Agency guidelines.

(2) “Relocating employee” means an individual who meets the following criteria:

(A)(i) On or after July 1, 2021:

(I) the individual becomes a full-time resident of this State;

(II) the individual becomes a full-time employee at a Vermont location of a for-profit or nonprofit business organization domiciled or authorized to do business in this State, or of a State, municipal, or other public sector employer; and

(III) the employer attests to the Agency that, after reasonable time and effort, the employer was unable to fill the employee’s position from among Vermont applicants; or

(ii) On or after February 1, 2022:

(I) the individual becomes a full-time resident of this State; and

(II) the individual is a full-time employee of an out-of-state business and performs the majority of his or her employment duties remotely from a home office or a co-working space located in this State.

(B) The individual receives gross salary or wages that equal or exceed the Vermont livable wage rate calculated pursuant to 2 V.S.A. § 526.

(C) The individual is subject to Vermont income tax.

(Added 2021, No. 51, § 2; amended 2021, No. 183 (Adj. Sess.), § 47a, eff. July 1, 2022.)

§§ 5, 6 Repealed

[Repealed]

1991, No. 145 (Adj. Sess.), § 6.

§ 7 Economic development; assistance and incentives benchmark reports

(a) For purposes of this section, “economic development assistance recipient” means any business entity, including a for-profit corporation, a nonprofit corporation, a partnership, or a sole proprietorship that receives economic development assistance from State funds administered by a governmental agency, from State funds administered by a private entity, or from federal funds administered by the State, whether such assistance is in the form of a grant, a loan, a State tax abatement, a tax credit, a tax increment financing program, or such other form of economic development assistance or incentive as the Secretary of Commerce and Community Development may identify by rule.

(b) Each economic development recipient shall state, on a form approved by the agency granting assistance, or awarding a tax credit or abatement, or approving any other form of economic development assistance, the number of new jobs that will be created or existing jobs that will be retained as a result of such assistance, the wages and employee benefits associated with such jobs, and a description of any other public benefits associated with such economic development assistance. Such statement shall be made prior to any such grant, award, or approval. Such statements and the information contained therein shall not be available for public inspection until 90 days after the granting of assistance, or the awarding of a tax credit or abatement, or the approving any other form of economic development assistance or incentive. After the expiration of such 90-day period such statements and information shall not be considered confidential, and may be inspected and copied pursuant to 1 V.S.A. chapter 5, subchapter 3 (public records law), notwithstanding the provisions of any other law.

(c) Each economic development recipient shall report annually, in a manner and on a form prescribed by the Commissioner of Economic Development, the amount or monetary value of economic assistance or incentive granted, awarded or approved, and such information as is necessary to determine whether the recipient has reached its job creation or other public benefit goals stated pursuant to subsection (b) of this section.

(d) The Commissioner of Economic Development shall adopt such rules as are necessary to carry out the purposes of this section.

(Added 1995, No. 190 (Adj. Sess.), § 12g; amended 2009, No. 33, § 18.)

§ 8 Southern Vermont Economic Development Zone

There is created the Southern Vermont Economic Development Zone, comprising the geographic areas served by the Brattleboro Development Credit Corporation and the Bennington County Industrial Corporation.

(Added 2015, No. 51, § F.3, eff. June 3, 2015.)

§ 9 Investment in Vermont Community Loan Fund

Notwithstanding any provision of 32 V.S.A. § 433(a) to the contrary, the State Treasurer is authorized to invest up to $2,000,000.00 of short-term operating or restricted funds in the Vermont Community Loan Fund on terms acceptable to the Treasurer and consistent with prudent investment principles and guidelines pursuant to 32 V.S.A. § 433(b)-(c).

(Added 2015, No. 157 (Adj. Sess.), § F.6; amended 2019, No. 72, § E.131; 2019, No. 120 (Adj. Sess.), § A.14, eff. June 30, 2020.)

§ 10 Vermont State Treasurer; credit facility for local investments

(a) Notwithstanding any provision of 32 V.S.A. § 433(a) to the contrary, the Vermont State Treasurer shall have the authority to establish a credit facility of up to 10 percent of the State’s average cash balance on terms acceptable to the Treasurer and consistent with prudent investment principles and guidelines pursuant to 32 V.S.A. § 433(b)–(c) and the Uniform Prudent Investor Act, 14A V.S.A. chapter 9.

(b) The Treasurer may use amounts available under subsection (a) of this section to provide financing for infrastructure projects in Vermont mobile home parks and may modify the terms of such financing in the Treasurer’s discretion as is necessary to promote the availability of mobile home park housing and to protect the interests of the State.

(c) Notwithstanding any provision of 32 V.S.A. § 433(a) to the contrary, and in addition to the provisions of subsection (a) on this section, the Vermont State Treasurer shall have the authority to establish a credit facility of up to two and one-half percent of the State’s average cash balance on terms acceptable to the Treasurer and consistent with prudent investment principles and guidelines pursuant to 32 V.S.A. § 433(b)–(c) and the Uniform Prudent Investor Act, 14A V.S.A. chapter 9. The Treasurer may use amounts available under this subsection only to provide financing for climate infrastructure and resilience projects and may modify the terms of such financing in the Treasurer’s discretion as is necessary to protect the interest of the State.

(d) Annually, on or before November 15, the Treasurer shall submit a report detailing the activities, financing, and accounting of any credit facilities created pursuant to subsection (c) of this section during the preceding calendar year to the Governor; the House Committees on Appropriations, on Commerce and Economic Development, and on Ways and Means; and the Senate Committees on Appropriations, on Economic Development, Housing and General Affairs, and on Finance.

(Added 2015, No. 157 (Adj. Sess.), § F.9; 2019, No. 179 (Adj. Sess.), § 6, eff. Oct. 12, 2020; amended 2023, No. 143 (Adj. Sess.), § 4a, eff. July 1, 2024.)

§ 11 Treasurer’s Local Investment Advisory Committee

(a) Creation of committee. The Treasurer’s Local Investment Advisory Committee is established to advise the Treasurer on funding priorities and address other mechanisms to increase local investment.

(b) Membership.

(1) The Advisory Committee shall be composed of six members as follows:

(A) the State Treasurer or designee;

(B) the Chief Executive Officer of the Vermont Economic Development Authority or designee;

(C) the Chief Executive Officer of the Vermont Student Assistance Corporation or designee;

(D) the Executive Director of the Vermont Housing Finance Agency or designee;

(E) the Director of the Municipal Bond Bank or designee; and

(F) the Director of Efficiency Vermont or designee.

(2) The State Treasurer shall be the Chair of the Advisory Committee and shall appoint a vice chair and secretary. The appointed members of the Advisory Committee shall be appointed for terms of six years and shall serve until their successors are appointed and qualified.

(c) Powers and duties. The Advisory Committee shall:

(1) meet regularly to review and make recommendations to the State Treasurer on funding priorities and using other mechanisms to increase local investment in the State of Vermont;

(2) invite regularly State organizations, citizens’ groups, and members of the public to Advisory Committee meetings to present information on needs for local investment, capital gaps, and proposals for financing; and

(3) consult with constituents and review feedback on changes and needs in the local and State investment and financing environments.

(d) Meetings.

(1) Meetings of the Advisory Committee shall occur at the call of the Treasurer.

(2) A majority of the members of the Advisory Committee who are physically present at the same location or available electronically shall constitute a quorum, and a member may participate and vote electronically.

(3) To be effective, action of the Advisory Committee shall be taken by majority vote of the members at a meeting in which a quorum is present.

(e) Report. On or before January 15, the Advisory Committee annually shall submit a report to the Senate Committees on Appropriations, on Economic Development, Housing and General Affairs, on Finance, and on Government Operations and the House Committees on Appropriations, on Commerce and Economic Development, on Ways and Means, and on Government Operations. The report shall include the following:

(1) the amount of the subsidies associated with lending through each credit facility authorized by the General Assembly and established by the Treasurer;

(2) a description of the Advisory Committee’s activities; and

(3) any information gathered by the Advisory Committee on the State’s unmet capital needs, and other opportunities for State support for local investment and the community.

(Added 2015, No. 157 (Adj. Sess.), § F.9.)

§§ 12-14 [Reserved for future use]

§§ 15, 16 Repealed

[Repealed]

2009, No. 135 (Adj. Sess.), § 26(3)(A).

§ 20 EB-5 Program; regulation; oversight

(a) The U.S. Department of Homeland Security’s U.S. Citizenship and Immigrations Services (USCIS) administers the EB-5 Program, a federal program designed to stimulate the U.S. economy through job creation and capital investment by foreign investors. The Vermont EB-5 Regional Center is a USCIS-designated regional center. The Center is managed by the Agency of Commerce and Community Development in partnership with the Department of Financial Regulation.

(b) The Agency of Commerce and Community Development has the personnel and resources to market and promote economic opportunities in Vermont, whereas the Department of Financial Regulation has the personnel and resources to supervise financial services and products offered in Vermont in a manner that advances fair business practices and protects the investing public. It is imperative that management of the EB-5 Program reflect the existing expertise of both these State entities.

(c) The Secretary of Commerce and Community Development and the Commissioner of Financial Regulation shall separately adopt rules pertaining to the administration and oversight of the EB-5 Program. The rules shall be consistent with federal regulations and requirements as well as with the statutory expertise of the Department and Agency.

(d) The rules adopted under this section shall be modeled after the Memorandum of Understanding between the Agency of Commerce and Community Development and the Department of Financial Regulation, dated December 22, 2014, which pertains to the duties and responsibilities of the Agency and the Department with respect to the EB-5 Program. As such, the rules shall include provisions related to:

(1) communication with and reporting to the USCIS;

(2) marketing activities;

(3) required provisions pertaining to private placement memoranda;

(4) securities analysis and standards for project approval;

(5) ongoing oversight and compliance of approved projects, including annual audits;

(6) the establishment of escrow accounts for capital investments and third-party oversight of requisitions, if deemed appropriate by the Commissioner and Secretary;

(7) investor relations and a formal complaint protocol;

(8) standards for revoking approval of a project;

(9) penalties for failure to comply with rules adopted under this section;

(10) communication between the Agency and the Department, as well as with media outlets and with other regulatory or law enforcement entities;

(11) fees and costs of the Regional Center, consistent with subsection 21(c) of this title; and

(12) any other matter the Commissioner and the Secretary determine will strengthen the oversight and management of the EB-5 Program and prevent fraudulent activities.

(e) The rules adopted under this section shall explicitly state that any interest obtained through a capital investment in the EB-5 Program is a “security” as defined in 9 V.S.A. § 5102(28) and as such is subject to regulation by the Commissioner of Financial Regulation under the Vermont Uniform Securities Act, 9 V.S.A. chapter 150.

(Added 2015, No. 149 (Adj. Sess.), § 34b.)

§ 21 EB-5 Special Fund

(a) An EB-5 Special Fund is created to support the operating costs of the Vermont Regional Center for Immigrant Investment under the federal EB-5 Program. The Fund shall consist of revenues derived from administrative charges by the Agency of Commerce and Community Development pursuant to subsection (c) of this section, any interest earned by the Fund, and all sums that are from time to time appropriated for the support of the Regional Center and its operations. It is the intent of the General Assembly that the collection of charges authorized by this section will reduce or eliminate the need for legislative appropriations to support Regional Center expenses.

(b)(1) The receipt and expenditure of monies from the Special Fund shall be under the supervision of the Secretary of Commerce and Community Development.

(2) The Secretary of Commerce and Community Development shall maintain accurate and complete records of all receipts and expenditures by and from the Fund, and shall make an annual report on the condition of the Fund to the Secretary of Administration, the House Committees on Commerce and Economic Development and on Ways and Means, and the Senate Committees on Finance and on Economic Development, Housing and General Affairs.

(3) Expenditures from the Fund shall be used only to support the operating expenses of the Regional Center, including the costs of providing specialized services to support participating economic development projects, marketing and related travel expenses, application review and examination expenses, and personnel expenses incurred by the Agency of Commerce and Community Development. At the end of each fiscal year, the Secretary of Administration shall transfer from the EB-5 Special Fund to the General Fund any amount that the Secretary of Administration determines, in his or her discretion, exceeds the funds necessary to administer the Program.

(c) Notwithstanding 32 V.S.A. § 603, the Secretary of Commerce and Community Development is authorized to impose administrative charges on project developers to achieve the Fund’s purpose. The charges shall be sufficient to fully fund the personnel and operating expenses of the Regional Center and shall include a one-time application fee as well as an annual assessment apportioned among approved projects in a fair and equitable manner as specified in rules adopted under section 20 of this title. In addition, the rules shall require that an applicant or approved project developer, as applicable, is liable for any additional expenses incurred with respect to the retention of outside legal, financial, examination or other services or studies deemed necessary by the Secretary or the Commissioner to assist with application or project review. The collection of some or all charges authorized under this section may be suspended for a period of time as deemed appropriate by the Secretary for good cause shown. Any charges imposed under this section shall be included in the consolidated Executive Branch fee report required under 32 V.S.A. § 605.

(d) Any costs incurred by the Department of Financial Regulation in connection with of the EB-5 Program shall be reimbursed in the manner specified in 8 V.S.A. § 18(d).

(Added 2011, No. 52, § 21, eff. May 27, 2011; amended 2011, No. 75 (Adj. Sess.), § 105, eff. March 7, 2012; 2015, No. 149 (Adj. Sess.), § 34c.)

Chapter 3 Natural Resources Interagency Committee

§§ 21-23 Repealed

[Repealed]

1979, No. 159 (Adj. Sess.), § 21.

Chapter 4 World Trade Office

§§ 25-33 Repealed

[Repealed]

2009, No. 135 (Adj. Sess.), § 26(3)(B), eff. May 29, 2010.

Chapter 5 State Building at Eastern States Exposition

§ 51 Vermont building

The Secretary of Agriculture, Food and Markets is hereby invested with the management and control of the operation and affairs of the Vermont building at Eastern States Exposition. The Secretary shall cooperate with public and private agencies for the purpose of exhibiting the resources, products, and general development of the State of Vermont and for advertising its agricultural, industrial, and recreational possibilities.

(Amended 1959, No. 329 (Adj. Sess.), § 18(a), eff. March 1, 1961; 1977, No. 152 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003.)

§ 52 Maintenance

The Department of Buildings and General Services shall be responsible for the maintenance of the land and buildings and repair and alterations of the physical structure including adequate coverage by insurance.

(Amended 1983, No. 141 (Adj. Sess.), § 4(a), eff. April 11, 1984.)

§ 53 Assistants

The Secretary may, with the approval of the Governor, employ such persons to carry out the operation of such building, including the rental or lease or sale of rental or exhibition space of any portion of such building upon such terms and conditions as the Secretary shall determine.

(Amended 1959, No. 329 (Adj. Sess.), § 18(a), eff. March 1, 1961; 1977, No. 152 (Adj. Sess.), § 2; 2003, No. 42, § 2, eff. May 27, 2003.)

§ 54 Rental of building; disposition of funds

The Secretary may rent the building or parts thereof for exhibition purposes to available exhibitors with reasonable preference being given to exhibitors from this State and, with the approval of the Governor, may rent or lease any part or all of the building to such parties and upon such terms and conditions and for such purposes as they shall determine to be in the best interests of the State, and the income therefrom shall be paid to the State Treasurer and held by him or her in a separate fund for the purposes of this chapter. The Commissioner of Finance and Management shall issue his or her warrant for the payment from such fund of all sums expended or due for the purposes herein authorized.

(Amended 1959, No. 328 (Adj. Sess.), § 8(b); 1959, No. 329 (Adj. Sess.), § 18(a), eff. March 1, 1961; 1977, No. 152 (Adj. Sess.), § 3; 1983, No. 195 (Adj. Sess.), § 5(b); 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 104 (Adj. Sess.), § 28a.)

§ 55 Repealed

[Repealed]

1999, No. 49, § 130.

Chapter 7 Geologic Surveys and Reports

§ 101 Division of Geology and Mineral Resources; duties

The Division of Geology and Mineral Resources shall:

(1) conduct surveys and research related to the geology, mineral resources, and topography of the State;

(2) give aid and advice as may be possible relating to the development and working of rock or mineral deposits suitable for building, road making, and economic or other purposes;

(3) provide information and education to government, industry, other institutions and organizations, and to citizens regarding the geology, mineral resources, and topography of the State;

(4) provide technical information and advice regarding the management of mineral resources on State-owned lands, and cooperate where possible by providing geologic expertise and advice to persons conducting regulatory programs for the State;

(5) provide geological services for the Natural Gas and Oil Resources Board;

(6) maintain records of old and new information relating to the geology, mineral resources, and topography of the State;

(7) prepare and publish reports on the geology, mineral resources, and topography of the State.

(Amended 1959, No. 328 (Adj. Sess.), § 8(b); 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 245 (Adj. Sess.), § 3; 2015, No. 29, § 17.)

§ 102 Repealed

[Repealed]

1989, No. 245 (Adj. Sess.), § 6.

§ 103 Contracts; maps

(a) For the purpose of maintaining the geologic, mineral resource, and topographic surveys of this State, the Division of Geology and Mineral Resources may contract with agencies or departments of the U.S. government, for such work as may be required, including the methods of its execution and the order in which the mapping, research, and other surveys of the different parts of the State shall be completed; provided that the agencies or departments with whom the Division enters into a contract under this section shall agree to expend annually, on the part of the United States, upon such work a sum equal to or greater than that made annually available by this State for these purposes.

(b) All maps and other products shall conform to the highest quality and standards established by this State and the participating federal agency. All maps shall be made adaptable to the most modern techniques of production, reproduction and display.

(Amended 1989, No. 245 (Adj. Sess.), § 4.)

§ 104 Expenditure of monies

The monies annually available for the purposes of section 103 of this title shall be expended by the State in accordance with the provisions of that section and relevant federal regulations.

(Amended 1959, No. 328 (Adj. Sess.), § 8(b); 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 245 (Adj. Sess.), § 5.)

§ 105 Geological publications and products; account

A special fund account to be known as the State Geological Publications Account is created. The Account shall contain all receipts from the sale of geological publications and products produced and sold by the State Geologist, and may be expended by the State Geologist for the purpose of supporting the production of geological publications and products. All balances in the Account at the end of any fiscal year shall be carried forward and remain part of the Account. Disbursements from the Account shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management.

(Added 1987, No. 225 (Adj. Sess.), § 1; amended 1997, No. 155 (Adj. Sess.), § 33.)

Chapter 8 Geographic Information

§ 121 Definitions

As used in this chapter:

(1) “VGIS” means the Vermont Geographic Information System developed pursuant to the comprehensive strategy developed by the Center as required by section 122 of this title.

(2) “Electronic products and services” means computer-related services and products provided by the Center, including:

(A) Electronic manipulation of the data contained in public records in order to tailor the data to a customer’s request, or to develop a product that meets the needs of customers.

(B) Duplication of public records in alternative formats not used by the Center, providing periodic updates of an electronic file or database, or duplicating an electronic file or database.

(C) Provision of on-line access to an electronic file or database or any form of electronic access to the information system of the Center.

(D) Provision of software developed by or for the Center.

(E) Generating maps, listings, or other standard or customized products from an electronic geographic information system.

(3) “Media” means the physical material on which written, printed, or electronically encoded information is stored.

(Added 1993, No. 204 (Adj. Sess.), § 2, eff. June 17, 1994.)

§ 122 Vermont Center for Geographic Information; establishment

(a) The State of Vermont shall support a comprehensive strategy for the development and use of a geographic information system, including:

(1) data and mapping standards;

(2) potential applications and their priorities;

(3) priorities for collecting and digitizing information;

(4) geographic location standards for all data collection;

(5) software and hardware standards;

(6) management needs;

(7) private sector cooperation;

(8) costs and benefits of use;

(9) [Repealed.]

(10) ways to make information gathered available to regional and municipal entities, commercial entities, the public, and others;

(11) ways to ensure that data gathered by governmental entities conforms to the geographic information system; and

(12) an implementation schedule.

(b) In order to develop and implement that strategy, and to ensure that all data gathered by State agencies that is relevant to the VGIS shall be in a form that is compatible with, useful to, and shared with that geographic information system, there is hereby established the Vermont Center for Geographic Information (the Center) as a unit of the Data Management Division under the Agency of Digital Services.

(c) [Repealed.]

(Added 1993, No. 204 (Adj. Sess.), § 2, eff. June 17, 1994; amended 2013, No. 179 (Adj. Sess.), § E.800.1; 2018, No. 11 (Sp. Sess.), § F.101; 2019, No. 49, § 6, eff. June 10, 2019; 2023, No. 6, § 77, eff. July 1, 2023.)

§ 123 Powers and duties

(a) [Repealed.]

(b) The purposes of the Center shall be to:

(1) assure that all VGIS data are of high quality and are compatible with, useful to, and shared with other public-sector and private-sector data users;

(2) encourage the same high standards of quality and compatibility in other Vermont GIS cooperators;

(3) promote the efficient development and use of geographic information by agencies of the State, its political subdivisions, and Vermont businesses and citizens;

(4) facilitate the growth of commercial services within Vermont for the provision of spatial data, products, and services.

(c) Within the limits of available resources, the Center shall operate a program of standards development, data dissemination, and quality assurance, and shall perform the following duties:

(1) Provide or ensure provision of geographic information products and services to Vermont citizens, to local and regional planning organizations, to State government, to the federal government, and to private businesses and industries.

(2) Develop procedures for access to the VGIS. Those procedures shall ensure that VGIS data are readily available for the purposes of 24 V.S.A. chapter 117, as well as for the support of efficient and economical geographic analysis and decision making by government, business, and citizens of Vermont, at a reasonable cost and in reasonable forms.

(3) Develop, publish, maintain, and implement such VGIS standards as are necessary to assure that data are compatible with, useful to, and shared with all users of VGIS data, including geographic data standards relating to scale, accuracy, coding, documentation, data format, and physical media.

(4) In developing relevant policies, procedures, and standards, seek the consultation of institutions of higher learning, local government, local and regional planning, private business and industry, and other members of the public with an interest in or knowledge of GIS technology.

(5) For all geographic data that are or may be useful to the Center’s users, and that have been collected by any part of State government or generated with State support, ensure that such data:

(A) Are developed and maintained so as to conform to VGIS standards.

(B) Upon request of a potential user, are actually made available to the user in a usable format in accordance with 1 V.S.A. § 316 relating to access to public records and related statutes.

(C) Are stored and distributed in a manner that will limit the disclosure of data containing individual identifiers to disclosure consented to by the individuals in the data.

(6) Assist in assessing VGIS financial needs and resources for cooperating State agencies, evaluating the adequacy of those financial resources to meet the goals of the three-year VGIS work plan, and developing alternate sources of revenue for VGIS data acquisition.

(7) Enter into memoranda of understanding, form contracts, and enter cooperative agreements for the development, acquisition, maintenance, distribution, and marketing of GIS data.

(8) Include in any contract for electronic products and services provisions that:

(A) Protect the security and integrity of VGIS information and of information systems that are shared by public agencies.

(B) Indemnify or limit the liability, if any, of the State of Vermont.

(9) Notify the State Librarian of the electronic services and products offered to the public. The notification must include a summary of the available format options and the cost of such products and services.

(10) Retain archive copies and act as a distributor for any State agency, as well as for other public and private entities, that prepares GIS data or electronic products that are compatible with, useful to, and shared with VGIS.

(11) Assist the Secretaries of Administration, of Transportation, of Natural Resources, of Human Services, and of Commerce and Community Development, and the commissioner or director of State departments and offices not within these agencies in the identification of information gathered within the respective agency, department, or office that is relevant to Vermont’s GIS. Working in cooperation with each organization that identifies such information, the Center shall include components within the three-year VGIS work plan. Such cooperation may include:

(A) formulation of a “memorandum of understanding” between the organization and the Center, setting out roles and the relationship between the parties;

(B) periodic meetings to identify opportunities for improvement of VGIS information and applications gathered or used by the organization;

(C) identification of funding strategies, technical procedures, data conversion plans, and application development projects in which the Center can be of assistance to the organization.

(12) Provide to regional planning commissions, State agencies, and the general public orthophotographic imagery of the State at a scale appropriate for the production and revision of town property maps. Periodically, such digital imagery shall be updated to capture land use changes, new settlement patterns, and such additional information as may have become available to the Director or the Center.

(A) The Center shall supply to each town such orthophotographic imagery as has been prepared by it of the total area of that town. Any image shall be available, without charge, for public inspection in the office of the town clerk to whom the imagery was supplied.

(B) At a reasonable charge to be established by the Center and the Director, the Center shall supply to any person or agency other than a town clerk or lister a copy of any digital format orthophotographic imagery created under this section.

(C) Hard copy or nondigital format orthophotographic imagery created under this section shall be available for public review at the State Archives.

(d) The Center may provide specialized information or perform specialized services if these activities:

(1) contribute to achieving the purposes of the Center as stated in subsection (b) of this section;

(2) are pursued in partnership with the private sector; and

(3) are performed without cost to the taxpayer and all direct and indirect costs of obtaining these products and services are incurred by the customer or others.

(e) [Repealed.]

(Added 1993, No. 204 (Adj. Sess.), § 2, eff. June 17, 1994; amended 1995, No. 190 (Adj. Sess.), § 1, eff. July 1, 1996; 2013, No. 34, § 5; 2013, No. 179 (Adj. Sess.), § E.800.2, eff. March 30, 2015; 2015, No. 57, § 36, eff. June 11, 2015; 2015, No. 97 (Adj. Sess.), § 19.)

§§ 124-126 Repealed

[Repealed]

2013, No. 179 (Adj. Sess.), § E.800.6, eff. March 30, 2015.

§ 127 Resource mapping

(a) The Secretary of Natural Resources shall complete and maintain resource mapping based on the Geographic Information System (GIS) or other technology. The mapping shall identify natural resources throughout the State, including forest blocks and habitat connectors, that may be relevant to the consideration of energy projects and projects subject to chapter 151 of this title. The Center for Geographic Information shall be available to provide assistance to the Secretary in carrying out the resource mapping.

(b) The Secretary shall consider the resource maps developed under subsection (a) of this section when providing evidence and recommendations to the Public Utility Commission under 30 V.S.A. § 248(b)(5) and when commenting on or providing recommendations under chapter 151 of this title to District Commissions on other projects.

(c) The Secretary shall establish and maintain written procedures that include a process and science-based criteria for updating resource maps developed under subsection (a) of this section. Before establishing or revising these procedures, the Secretary shall provide opportunities for affected parties and the public to submit relevant information and recommendations.

(Added 2011, No. 170 (Adj. Sess.), § 16c, eff. May 18, 2012; amended 2023, No. 181 (Adj. Sess.), § 15, eff. June 17, 2024.)

§ 128 Vermont Center for Geographic Information Special Fund

(a) A special fund is created for the operation of the Vermont Center for Geographic Information in the Agency of Digital Services. The fund shall consist of revenues derived from the charges by the Agency of Digital Services pursuant to subsection (c) of this section for the provision of Geographic Information products and services, interest earned by the fund, and sums which from time to time may be made available for the support of the Center and its operations. The fund shall be established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5 and shall be available to the Agency to support activities of the Center.

(b) The receipt and expenditure of monies from the special fund shall be under the supervision of the Secretary of Digital Services.

(c) Notwithstanding 32 V.S.A. § 603, the Secretary of Digital Services is authorized to impose charges reasonably related to the costs of the products and services of the Vermont Center for Geographic Information, including the cost of personnel, equipment, supplies, and intellectual property.

(Added 2015, No. 57, § 28, eff. June 11, 2015; amended 2018, No. 11 (Sp. Sess.), § F.100.)

Chapter 9 Geographic Names

§ 151 Terminology and spelling

(a) The State Librarian is authorized to furnish for any federal or state publication the proper terminology and spelling of any geographic name in Vermont and may advise the U.S. Postal service regarding the proper selection and spelling of the name of a Vermont post office or any railroad company regarding the use and spelling of the name of a Vermont station. The State Librarian is authorized to function in collaboration with the U.S. board on geographic names and to conduct his or her operations similarly.

(b) The names used in the topographic maps of the State now being prepared by the U.S. Geological Survey in cooperation with the State shall be spelled in accordance with the recommendations of the State Librarian.

(Amended 1959, No. 329 (Adj. Sess.), § 45, eff. March 1, 1961.)

§ 152 Authority to name geographic locations

The Board of Libraries is hereby designated the State agency to name geographic locations, including mountains, streams, lakes, and ponds, upon petition signed by not less than 25 interested persons or by petition of an administrative department of the State.

(Added 1961, No. 139, § 3, eff. May 24, 1961; amended 1969, No. 226 (Adj. Sess.), § 2, eff. March 31, 1970; 2015, No. 40, § 25, eff. March 1, 2016; 2017, No. 74, § 16.)

§ 153 Procedure

When the Board receives a petition to act under section 152 of this title it shall give reasonable notice to each administrative department of the State having jurisdiction of the location to be named and to each town in which the location lies of the time and place when it will hear all interested parties.

(Added 1961, No. 139, § 4, eff. May 24, 1961; 2015, No. 40, § 26, eff. March 1, 2016.)

§ 154 Standards

The Board in choosing names shall give preference to historical events, historic persons, and flora and fauna native to Vermont; names characteristic to Vermont; and its traditions and local place names where long usage has made them appropriate and useful.

(1961, No. 139, § 5, eff. May 24, 1961.)

Chapter 11 Development of Lake Champlain Basin

Subchapter 1 Interstate Commission

§ 171 Repealed

[Repealed]

1989, No. 265 (Adj. Sess.), § 8, eff. June 21, 1990.

§§ 172-174 Repealed

[Repealed]

1967, No. 93, § 3, eff. April 14, 1967.

Subchapter 2 Champlain Basin Compact

§§ 181-192 Repealed

[Repealed]

1989, No. 265 (Adj. Sess.), § 8, eff. June 21, 1990.

Subchapter 3 Provisions Relating to Champlain Basin Compact

§§ 201-205 Repealed

[Repealed]

1989, No. 265 (Adj. Sess.), § 8, eff. June 21, 1990.

Chapter 11A Vermont Qualifying Facility Contract Mitigation Authority

Subchapter 1 General Provisions

§§ 171-175 Repealed

[Repealed]

2009, No. 135 (Adj. Sess.), § 26(3)(C).

Subchapter 2 Mitigation Bonds

§§ 176-182 Repealed

[Repealed]

2009, No. 135 (Adj. Sess.), § 26(3)(C).

Chapter 12 Vermont Economic Development Authority

Subchapter 1 General Provisions

§ 210 Statutory purposes

The statutory purpose of the exemption for local development corporations in section 236 of this title is to promote economic development.

(Added 2013, No. 200 (Adj. Sess.), § 7.)

§ 211 Legislative findings

(a) The Legislature finds that it is necessary to alleviate and prevent unemployment and underemployment and to raise the per capita income within the State, that the development and increase of industry, including the further processing of agricultural products, within the State will promote the prosperity and general welfare of all citizens, and that this chapter is necessary and desirable in order to accomplish these purposes. The Legislature also finds that it is necessary and desirable to encourage the development, production, and distribution of renewable energy resources within the State.

(b) The Legislature further finds that small businesses are responsible for generating the majority of new jobs, and substantial economic development opportunity exists encouraging entrepreneurial development and innovation in Vermont. The Legislature further finds that business incubator facilities have proved to be effective tools to help small and start-up businesses through the difficult early years with low-cost, flexible space, necessary support services at an affordable cost, and with managerial and technical assistance on such items as bookkeeping, inventory control, marketing and personnel. Vermont’s experience with business incubators confirms their value in nurturing jobs and entrepreneurship. The Legislature further finds that business incubator facilities related to institutions of higher education nationwide have been an excellent source for successful business enterprises.

(c) Therefore, the general public advantage requires:

(1) an increased inventory of industrial sites and modern buildings suitable to house new or existing business enterprises;

(2) the expansion, reclamation, or renovation of existing buildings to house new or existing business enterprises;

(3) low-cost capital available to local development corporations for the purchase of land for industrial sites, for planning and development of industrial parks, and for the construction of speculative industrial buildings and small business incubator facilities;

(4) low-cost capital available to industrial enterprises to provide land, buildings, and equipment for industrial expansion;

(5) aid to existing business enterprises in the State when such aid will prevent serious reduction in employment or will enhance or increase the existing level of employment;

(6) low-cost capital for the abatement of industrial air and water pollution and general improvement of the disposal of industrial waste;

(7) low-cost capital to assist Vermont family farmers to farm as provided in subdivision 272(3) of this title;

(8) low-cost capital available for the purchase of land, buildings, and equipment to process Vermont milk, including the processing of milk into cheese, yogurt, or other value-added milk products; and

(9) low-cost capital to assist the wood products enterprises to provide an adequate supply of mill quality chips for Vermont public and private schools and other entities that rely upon wood as a primary source of heating.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 217 (Adj. Sess.), § 4; 1985, No. 81, § 2; 1985, No. 136 (Adj. Sess.), § 1, eff. April 24, 1986; 2003, No. 63, § 73, eff. June 11, 2003; 2003, No. 121 (Adj. Sess.), § 91, eff. June 8, 2004.)

§ 212 Definitions

As used in this chapter:

(1) “Authority” means the Vermont Economic Development Authority established under section 213 of this title.

(2) “Bond” means a note, bond, debenture, or any other evidence of indebtedness issued by a municipality or by the State of Vermont under subchapter 4 of this chapter to finance a project in whole or in part or to refund indebtedness incurred for that purpose.

(3) “Debt service,” as used in subchapter 4 of this chapter, means the amounts required to pay bonds according to their terms and shall include amounts representing principal, premium, and interest, including interest on overdue payments.

(4) “Financing document,” as used in subchapter 4 of this chapter, means a written instrument establishing the rights and responsibilities of a municipality or the Authority and the user with respect to an eligible facility financed by the issue of bonds. A financing document may be in the nature of a sale and leaseback, a lease purchase, a conditional sale, an installment sale, a secured or unsecured loan, a loan and mortgage, or other similar transaction, may bear any appropriate title and may involve property in addition to the property financed by the bonds. The municipality’s or Authority’s ownership or possessory interest in the eligible facility under a financing document may be that of owner, lessor, lessee, conditional or installment vendor, mortgagor, mortgagee, or otherwise, but the municipality or the Authority need not have any ownership or possessory interest in the facility.

(5) “Governing body” means the board of aldermen or city council of a city, the board of selectboard members of a town, and the trustees of an incorporated village.

(6) “Eligible facility” or “eligible project” means any industrial, commercial, or agricultural enterprise or endeavor approved by the Authority used in a trade or business whether or not such business is operated for profit, including land and rights in land, air, or water; buildings; structures; machinery; and equipment of such eligible facilities or eligible projects, except that an eligible facility or project shall not include the portion of an enterprise or endeavor relating to the sale of goods at retail where such goods are manufactured primarily out of State, and except further that an eligible facility or project shall not include the portion of an enterprise or endeavor relating to housing unless otherwise authorized in this chapter. Such enterprises or endeavors may include:

(A) Quarrying; mining; manufacturing; processing, including the further processing of agricultural products; assembling; or warehousing of goods or materials for sale or distribution or the maintenance of safety standards in connection therewith, and including Vermont-based manufacturers that are adversely impacted by the State’s regulation or ban of products as they transition from the manufacture of the regulated or banned products to the design and manufacture of environmentally sound substitutes.

(B) The conduct of research and development activities, including research and development of computer software and telecommunications equipment.

(C) Use as the national or regional headquarters for a multistate business enterprise or use as the national headquarters of a nonprofit organization whose purpose is the promotion of business, industry, or agriculture, including the registry of animal breeds.

(D) Collecting or processing any kind of waste material for reuse or disposal.

(E) Reducing, mitigating, or eliminating pollution of land, air, or water by substances, heat, or sound.

(F) For the purposes of subchapter 4 of this chapter only, in addition to the foregoing, the conduct of any trade or business that is eligible for tax-exempt financing under the U.S. Internal Revenue Code.

(G) For purposes of subchapter 4 of this chapter only, transporting of goods, materials, or agricultural products for sale or distribution or the maintenance of safety standards in connection therewith, including railroad terminals, trucking terminals, and airport facilities.

(H) Use as a small business incubator facility.

(I) Processing or converting post-consumer materials into industrial feed stocks or manufacturing products from these feed stocks, or both, excluding the converting of recyclable materials into a fuel or fuel product. As used in this subdivision, “post-consumer materials” means only those products generated by a business or a consumer that have served their intended end uses and that have been separated or diverted from solid waste.

(J) Travel and tourism projects and enterprises, and related recreational activities, provided that the project or enterprise will maintain a reasonable level of full-time employment throughout the year consistent with the size and nature of the business and general business custom in the industry.

(K) The business of information technology or the collection, processing, or management of data, documents, or records.

(L) A captive or commercial insurance underwriter; a mortgage, commercial, or consumer credit provider; or an entity engaged in underwriting or brokering services.

(M) A renewable energy plant, as defined in 30 V.S.A. § 8002, if the construction of the plant requires a certificate of public good under 30 V.S.A. § 248 and all or part of the electricity generated by the plant will be under contract to a Vermont electric distribution utility.

(N) Industrial park planning, development, or improvement.

(O) For purposes of subchapter 5 of this chapter, a telecommunications plant, as defined in 24 V.S.A. § 1911(2), owned by a municipality individually or in concert with one or more other municipalities as a communications union district established under 30 V.S.A. chapter 82.

(P) Any combination of the activities, uses, or purposes specified in this subdivision (6). An eligible facility may include structures, appurtenances incidental to an eligible project, such as utility lines, storage accommodations, offices, dependent care facilities, or transportation facilities.

(Q) Businesses providing intangible products and services, excluding the following:

(i) businesses engaged in pyramid sale distribution plans, where a participant’s primary incentive is based on the sales made by an ever- increasing number of participants;

(ii) businesses deriving more than one-third of their gross annual revenue from legal gambling activities;

(iii) private clubs and businesses that limit the number of memberships for reasons other than capacity; and

(iv) businesses principally engaged in teaching, instructing, counseling, or indoctrinating religion or religious beliefs, whether in a religious or secular setting.

(R) Mixed-use properties, provided that not less than 50 percent of the total square footage is dedicated for commercial use.

(S) After consultation with and deference to the Vermont Housing Finance Agency on applications that are eligible for financing from both the Authority and the Agency, financing for one or more of the following types of long-term care facilities licensed by the State pursuant to 33 V.S.A. chapter 71 and other applicable law, and any independent living facility, as defined in 32 V.S.A. § 9202(18), associated with the licensed facility:

(i) an assisted living residence;

(ii) a home for the terminally ill;

(iii) a nursing home;

(iv) a residential care home; and

(v) a therapeutic community residence.

(T) Any capital improvement; purchase of receivables, property, assets, commodities, bonds, or other revenue streams or related assets; working capital program or liability; or other insurance program.

(7) “Industrial park” means an area of land planned and designed as a location for one or more industrial buildings, including adequate access roads, utilities, and other services necessary for eligible facilities.

(8) “Industrial park planning and development” means the basic architectural and engineering services needed to determine site and land use feasibility, and the planning and carrying out of land improvements necessary to make industrial land usable.

(9) [Repealed.]

(10) “Local development corporation” means any nonprofit organization incorporated in the State for the purpose of fostering, encouraging, and assisting the physical location of business enterprises within the State and having as its principal purpose the industrial and economic development of one or more political subdivisions, and shall include the Northeastern Vermont Development Association and any State development company organized under subdivision 216(13) of this title; however, in addition to the foregoing, for the purpose of providing assistance to small business incubator facilities, any nonprofit organization that enters into a written agreement with the Authority to establish, operate, and administer a small business incubator facility, including municipalities, local or regional nonprofit development corporations, and higher educational institutions, shall have the rights and obligations of a local development corporation under this chapter.

(11) through (15) [Repealed.]

(16) “Municipality” means a city, town, or incorporated village.

(17) “Political subdivision” means a city, town, incorporated village, or county.

(18) “Project” or “eligible facility” means the creation, establishment, acquisition, construction, expansion, improvement, reclamation, or renovation of an eligible facility.

(19) “Project costs” means any costs or expenses reasonably incidental to a project and may without limitation include the costs of:

(A) issuing bonds under subchapter 4 of this chapter to finance a project;

(B) acquiring land, buildings, structures, and facilities, whether by lease, purchase, construction, or otherwise;

(C) acquiring rights in or over land, air, or water;

(D) improving land and improving buildings, structures, and facilities by remodeling, reconstruction, replacement, or enlargement;

(E) acquiring and installing machinery and equipment;

(F) obtaining professional or advisory services;

(G) interest prior to and during construction and until one year after the completion of a project;

(H) creating reserves in connection with the issue of bonds under subchapter 4 of this chapter; and

(I) acquiring or committing to acquire any federally guaranteed security and pledging the proceeds thereof to secure the payment of bonds.

(20) “Security document,” as used in subchapter 4 of this chapter, means a written instrument establishing the rights and responsibilities of a municipality or the Authority and the holders of bonds issued to finance an eligible facility and may provide for a trustee for the benefit of those bondholders. A security document may contain an assignment, pledge, mortgage, or other encumbrance of all or part of the municipality’s or Authority’s interest in, or right to receive payments with respect to, an eligible facility under a financing document and may bear any appropriate title. A financing document and a security document may be combined as one instrument.

(21) “Speculative building” means a basic structure of flexible design erected by a local development corporation for eventual sale or lease to a purchaser or tenant requiring eligible facilities.

(22) “Tenant” means the tenant or occupier of an eligible facility or small business incubator facility.

(23) “User,” as used in subchapter 4 of this chapter, means the person or local development corporation that is:

(A) entitled to the use or occupancy of an eligible facility or is lessor to the person entitled to the use or occupancy of an eligible facility; and

(B) primarily responsible for making payments sufficient to meet debt service on the bonds issued to finance the facility.

(24) “Processing” means to subject a product to a particular method, system, or technique of preparation, handling, or other treatment designed to effect a particular result.

(25) “Federally guaranteed security” means any security, investment, or evidence of indebtedness that is either directly or indirectly insured, or guaranteed, in whole or in part, as to the repayment of principal or interest, or both, by the United States or any instrumentality thereof.

(26) “Federally insured project loan” means any loan to finance or refinance the cost of a project that is either directly or indirectly insured or guaranteed, in whole or in part, as to the repayment of principal or interest, or both, by the United States or any instrumentality thereof, or any commitment by the United States or any instrumentality thereof to so insure or guarantee such a loan.

(27) “Small business incubator facility” means a building, group of buildings, or part of a building where small and growing businesses may obtain small units of space available for purchase or lease at below-market rates or on flexible terms, shared office support services, and financial and general business management advice and assistance.

(28) “Loan,” for the purposes of subchapters 5, 7, and 10 of this chapter, means a loan or a financing lease, provided that such lease transfers the ownership of the leased property to the lessee following the payment of all required lease payments as specified in the lease agreement.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 18, § 1, eff. March 27, 1975; 1975, No. 187 (Adj. Sess.), § 1; 1975, No. 217 (Adj. Sess.), §§ 5, 7; 1977, No. 52, § 1, eff. April 22, 1977; 1981, No. 37, § 1; 1981, No. 54, §§ 1, 6, 7, 12, eff. April 28, 1981; 1983, No. 33, § 1, eff. April 22, 1983; 1983, No. 38, § 1; 1983, No. 159 (Adj. Sess.), § 1, eff. April 14, 1984; 1985, No. 136 (Adj. Sess.), §§ 2-5, eff. April 24, 1986; 1989, No. 237 (Adj. Sess.), § 1; 1991, No. 202 (Adj. Sess.), § 9, eff. May 27, 1992; 1991, No. 212 (Adj. Sess.), §§ 1-3, eff. May 27, 1992; 1993, No. 89, §§ 2, 3, eff. June 15, 1993; 1995, No. 46, §§ 2, 3; 1995, No. 184 (Act. Sess.), § 5; 2005, No. 61, § 5; 2013, No. 161 (Adj. Sess.), § 72; 2013, No. 199 (Adj. Sess.), § 36; 2015, No. 41, § 22, eff. June 1, 2015; 2015, No. 51, § E.2, eff. June 3, 2015; 2015, No. 56, § 14; 2021, No. 91 (Adj. Sess.), § 1, eff. April 20, 2022; 2025, No. 26, § 1, eff. July 1, 2025.)

§ 213 Authority; organization

(a) The Vermont Economic Development Authority is hereby created and established as a body corporate and politic and a public instrumentality of the State. The exercise by the Authority of the powers conferred upon it in this chapter constitutes the performance of essential governmental functions.

(b) The Authority shall have 15 voting members consisting of the Secretary of Commerce and Community Development, the State Treasurer, the Secretary of Agriculture, Food and Markets, the Commissioner of Forests, Parks and Recreation, and the Commissioner of Public Service, each of whom shall serve as an ex officio member, or a designee of any of the aforementioned; and 10 members, who shall be residents of the State of Vermont, appointed by the Governor with the advice and consent of the Senate. The appointed members shall be appointed for terms of six years and until their successors are appointed and qualified. Appointed members may be removed by the Governor for cause and the Governor may fill any vacancy occurring among the appointed members for the balance of the unexpired term.

(c) The Authority shall elect a chair from among its appointed members, and a vice chair and other officers from among its members and shall employ a manager who shall hold office at the Authority’s pleasure and who, unless the individual is a member of the classified service under 3 V.S.A. chapter 13, shall receive such compensation as may be fixed by the Authority. A quorum shall consist of eight members. Members disqualified from voting under section 214 of this title shall be considered present for purposes of determining a quorum. No action of the Authority shall be considered valid unless the action is supported by a majority vote of the members present and voting and then only if at least five members vote in favor of the action.

(d) [Repealed.]

(e) Appointed members of the Authority shall be compensated at the rate of $50.00 a day for time spent in the performance of their duties and they shall be reimbursed for necessary expenses incurred in the performance of their duties.

(f) The State of Vermont reserves the right, at its sole discretion, and at any time, to alter or change the structure, organization, programs, or activities of the Authority, including the power to terminate the Authority, subject to any limitation on the impairment of contracts entered into by the Authority.

(g) Any net earnings of the Authority, beyond that necessary for retirement of the indebtedness or to implement the public purposes or programs of the State of Vermont, shall not inure to the benefit of any person other than the State of Vermont.

(h) Upon dissolution of the Authority, title to all property owned by the Authority shall vest in the State of Vermont.

(i) [Repealed.]

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 18, § 2, eff. March 27, 1975; 1975, No. 187 (Adj. Sess.), § 7; 1977, No. 52, § 2, eff. April 22, 1977; 1987, No. 203 (Adj. Sess.), § 1, eff. May 27, 1988; 1989, No. 199 (Adj. Sess.), § 1; 1993, No. 89, § 3(a), eff. June 15, 1993; 1995, No. 190 (Adj. Sess.), § 1(a); 2003, No. 42, § 2, eff. May 27, 2003; 2013, No. 87, § 6, eff. June 17, 2013; 2023, No. 53, § 5, eff. June 8, 2023; 2025, No. 26, § 1, eff. July 1, 2025.)

§ 214 Members; disqualification

A member of the Authority may not participate in any decision:

(1) under subchapter 3 of this chapter affecting a local development corporation if the member is a stockholder or member of that corporation;

(2) upon any loan under subchapter 5 of this chapter if the member is a member, director, trustee, employee, or officer of; or has any interest direct or indirect in; or owns any stock, bonds, or other liabilities issued by or authorized by the prospective mortgagor, mortgagee, or tenant;

(3) upon a bond issue under subchapter 4 of this chapter if the member is an officer or director of a bank or trust company that is a prospective purchaser of the bonds or a prospective trustee under the trust indenture securing the bonds.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1977, No. 52, § 3, eff. April 22, 1977; 2025, No. 26, § 1, eff. July 1, 2025.)

§ 215 Manager; duties

The manager shall be the chief administrative officer of the Authority and shall direct and supervise the administrative affairs and technical activities of the Authority in accordance with any rules, policies, and procedures set forth by the Authority. In addition to any other duties, the manager shall:

(1) attend all meetings of the Authority, act as its secretary and keep minutes of its proceedings;

(2) approve all accounts of the Authority, including accounts for salaries, per diems, and allowable expenses of any employee or consultant thereof, and expenses incidental to the operation of the Authority;

(3) make an annual report to the Authority documenting the actions of the Authority, and such other reports as the Authority may request;

(4) work closely with the Agency of Commerce and Community Development and provide assistance to the various divisions of that Agency when requested to facilitate the planning and financing of projects; and

(5) [Repealed.]

(6) perform such other duties as may be directed by the Authority in the carrying out of the purposes of this chapter.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2025, No. 26, § 1, eff. July 1, 2025.)

§ 216 Authority; general powers

The Authority is hereby authorized:

(1) To sue and be sued in its own name and plead and be impleaded; service of process upon it in any action shall be made by service upon the Secretary of State either in hand or by leaving a copy of the process at the Secretary’s office.

(2) To adopt an official seal and alter the same.

(3) To adopt and from time to time amend bylaws and rules for the calling and conduct of its meetings and for the conduct of its affairs, including rules, policies, and procedures relating to applications for financial assistance and disclosure of information supplied to it.

(4) To establish reasonable priorities among the types and locations of projects to be undertaken or aided under this chapter, and to use its discretion in the selection and combining of programs to be utilized in the undertaking or aiding of such projects.

(5) To maintain its principal office in Washington County and other offices at such place or places as it may designate.

(6) To employ such employees, who may be in the classified system under 3 V.S.A. chapter 13 within the discretion of the Authority, and to employ or contract with agents, consultants, legal advisors, and other experts, as may be necessary or desirable for its purposes, to determine the qualifications, duties, and compensation of such employees, agents, consultants, legal advisors, and experts and to utilize the services of other governmental agencies and departments.

(7) To contract with the State of Vermont or any agency or political subdivision thereof, public corporations or bodies, private corporations, or individuals for any purposes related to industrial development.

(8) To borrow money, make and issue negotiable bonds, notes, commercial paper, and give other evidences of indebtedness or obligations, and give security therefor, including the sale, assignment, or pledge of the Authority’s interest in loans. Such obligations may be incurred for any of the Authority’s corporate purposes, including the expenses of preparing, issuing, and marketing obligations issued for such purposes, and the establishment of reserve funds, including reserve funds created under section 219 of this title. Such obligations shall be in such form and denominations, and with such terms and provisions, including the maturity date or dates, redemption provisions, and other provisions necessary or desirable. Such obligations shall be either taxable or tax-exempt, and shall be noninterest bearing, or bear interest at such rate or rates, which may be fixed or variable, as may be sufficient or necessary to effect the issuance and sale or resale thereof. The Authority is authorized to enter into such agreements with other persons as the Authority deems necessary or appropriate in connection with the issuance, sale, and resale of such obligations, including without limitation, trust indentures, bond purchase agreements, disclosure agreements, remarketing agreements, agreements providing liquidity or credit facilities, bond insurance, or other credit enhancements in connection with such obligations. The Authority is authorized to resell or retire any such notes prior to the stated maturity thereof.

(9) To make such charges against local development corporations as may be mutually agreed upon to assist in meeting the expenses of the Authority incurred under this chapter, including any interest charged by the State Treasurer.

(10) To administer its own funds and to invest or deposit funds that are not needed currently to meet the obligations of the Authority.

(11) To acquire, hold, and dispose of real and personal property; to enter into all contracts, leases, agreements, and arrangements and to do all lawful acts and things necessary or incidental to the performance of its duties and the execution of its powers under this chapter.

(12) To make such payments in lieu of taxes for highway maintenance, fire protection, or for other services as the Authority considers advisable, in the event property owned by the Authority is occupied in whole or in part.

(13) To cause to be incorporated in Vermont a nonprofit corporation that will qualify as a State development company under 15 U.S.C. § 695 and regulations promulgated pursuant thereto. The voting members of the Authority shall be members of the company and shall constitute the board of directors of the company. The company shall be organized and operate under the nonprofit corporation laws of the State of Vermont to the extent not inconsistent herewith. The Authority shall have the power to contract with the company to provide staff and management needs of the company. The Authority is authorized to contribute to the capital of the company in an amount the Authority determines is necessary and appropriate.

(14) To incorporate one or more nonprofit corporations in Vermont to fulfill the goals of this chapter. Such corporation shall be empowered to borrow money and to receive and accept gifts, grants, or contributions from any source, provided that such gifts, grants, or contributions are not less than $5,000.00 from any one source for the period of one year and provided that such nonprofit corporation provides business loans of not less than $2,500.00 to any particular entity or individual. The voting members of the Authority shall be directors of the corporation. The corporation shall be organized and operate under the nonprofit corporation laws of the State of Vermont. The Authority may contract with the corporation to provide staff and management needs of the company. The Authority may contribute to the capital of the corporation in an amount the Authority determines is necessary and appropriate.

(15) To delegate to loan officers the power to review, approve, and make loans under this chapter and to disburse funds on such loans as set forth in the policies and procedures of the Authority.

(16) To cause to be formed in Vermont a for-profit limited partnership, the purpose of which shall be to invest funds in commercial and agricultural enterprises that create job opportunities and support economic development. The Authority’s investment in the partnership may not exceed $2,000,000.00. To manage the operations of and attract investors to the partnership, the Authority is further authorized to cause to be formed in Vermont a for-profit limited liability company. The Authority’s investment in the limited liability company shall be determined by the Authority.

(17) To contribute to the capital of the Vermont Agricultural Credit Corporation established pursuant to chapter 16A of this title in an amount the Authority determines is necessary and appropriate.

(18) To contribute to the capital of the Vermont Sustainable Energy Loan Fund established under subchapter 13 of this chapter in an amount the Authority determines is necessary and appropriate.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1977, No. 52, §§ 4, 10, eff. April 22, 1977; 1977, No. 222 (Adj. Sess.), § 5, eff. July 2, 1978; 1981, No. 54, § 2, eff. April 28, 1981; 1983, No. 33, §§ 2, 3, eff. April 2, 1983; 1993, No. 210 (Adj. Sess.), § 229a; 1995, No. 46, §§ 4, 5, eff. April 20, 1995; 1995, No. 184 (Act. Sess.), § 4; 1999, No. 131 (Adj. Sess.), § 1; 2003, No. 67, §§ 1, 2, eff. June 16, 2003; 2005, No. 137 (Adj. Sess.), § 1; 2011, No. 110 (Adj. Sess.), § 5, eff. May 8, 2012; 2013, No. 87, § 3, eff. June 17, 2013; 2015, No. 157 (Adj. Sess.), § A.2, eff. June 2, 2016; 2025, No. 26, § 1, eff. July 1, 2025.)

§ 217 Records; annual report; audit

(a) The Authority shall keep an accurate account of all its activities and of all its receipts and expenditures.

(b) Prior to February 1 in each year, the Authority shall submit a report of its activities for the preceding fiscal year to the Governor and to the General Assembly. The report shall set forth a complete operating and financial statement covering its operations during the year. The Authority shall cause an audit of its books and accounts to be made at least once in each year by a certified public accountant and its cost shall be considered an expense of the Authority and a copy shall be filed with the State Treasurer. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

(c) The Auditor of Accounts of the State and the Auditor’s authorized representatives may at any time examine the accounts and books of the Authority, including its receipts, disbursements, contracts, funds, investments, and any other matters relating to its financial statements.

(d) At such time as the Authority has exhausted all rights and remedies to enforce the terms of a financing document or mortgage serving as security for a loan, the identity of the borrower and the outstanding principal balance of the loan shall become a public record.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 18, § 3, eff. March 27, 1975; 1999, No. 131 (Adj. Sess.), § 1a; 2013, No. 142 (Adj. Sess.), § 16; 2025, No. 26, § 1, eff. July 1, 2025.)

§ 217a Application

Among such other things as may be required by the Authority, any application for financing under this chapter shall state in detail on the application the nature and purpose of the business and its products for which the loan or revenue bonds are intended to benefit.

(Added 1983, No. 33, § 3a, eff. April 22, 1983; amended 1987, No. 203 (Adj. Sess.), § 3, eff. May 27, 1988; 2025, No. 26, § 1, eff. July 1, 2025.)

§ 218 Construction

(a) The powers conferred by this chapter are supplemental and alternative to other powers conferred by law.

(b) No notice, proceedings, or approval, including licensure under 8 V.S.A. chapter 73, shall be required with respect to any action taken under this chapter, except as provided in this chapter.

(c) Purchases and contracts required for the establishment or expansion of an eligible facility may be made or let without regard to any provision of law relating to public purchases or contracts.

(d) This chapter shall be liberally construed in order to effect its purposes.

(e) The provisions of this chapter are severable, and the invalidity of any provision or provisions of this chapter shall not affect the validity of any other provision or provisions of this chapter.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1987, No. 203 (Adj. Sess.), § 17, eff. May 27, 1988; 1993, No. 89, § 3(b), eff. June 15, 1993.)

§ 219 Reserve funds

(a) The Authority may create and establish one or more special funds, herein referred to as “debt service reserve funds,” and shall pay into each such debt service reserve fund:

(1) Any monies appropriated and made available by the State for the purpose of such funds.

(2) Any proceeds of the sale of notes or bonds, to the extent provided in the resolution or resolutions of the Authority authorizing the issuance thereof.

(3) Any other monies or financial instruments such as surety bonds, letters of credit, or similar obligations, which may be made available to the Authority for the purpose of such fund from any other source or sources. All monies or financial instruments held in any debt service reserve fund, except as hereinafter provided, shall be used, as required, solely for the payment of the principal of the bonds secured in whole or in part by such fund or of the sinking fund payments with respect to such bonds, the purchase or redemption of such bonds, the payment of interest on such bonds, or the payment of any redemption premium required to be paid when such bonds are redeemed prior to maturity or to reimburse the issuer of a liquidity or credit facility, bond insurance, or other credit enhancement for the payment by such party of any of the foregoing amounts on the Authority’s behalf; provided, however, that the monies or financial instruments in any such fund shall not be drawn upon or withdrawn therefrom at any time in such amounts as would reduce the amount of such funds to less than the debt service reserve requirement established by resolution of the Authority for such fund as hereafter provided except for the purpose of making with respect to bonds secured in whole or in part by such fund payments, when due, of principal, interest, redemption premiums, and the sinking fund payments hereinafter mentioned for the payment of which other monies of the Authority are not available. Any income or interest earned by, or increment to, any debt service reserve fund due to the investment thereof may be transferred by the Authority to other funds or accounts of the Authority to the extent it does not reduce the amount of such debt service reserve fund below the debt service reserve requirement for such fund.

(b) The Authority shall not at any time issue bonds or notes secured in whole or in part by a debt service reserve fund if upon the issuance of such bonds or notes the amount in such debt service reserve fund will be less than the debt service reserve requirement established by the resolution of the Authority for such fund, unless the Authority at the time of issuance of such bonds shall deposit in such fund from the proceeds of the bonds or notes so to be issued, or from other sources, an amount which together with the amount then in such fund, will not be less than the debt service reserve requirement established for such fund. The debt service reserve requirement for any debt service reserve fund shall be established by resolution of the Authority prior to the issuance of any bonds or notes secured in whole or in part by such fund and shall be the amount, determined by the Authority to be reasonably required in light of the facts and circumstances of the particular bond issue.

(c) In computing the amount of the debt service reserve funds for the purpose of this section, securities in which all or a portion of such funds shall be invested shall be valued at par if purchased at par or at amortized value, as such term is defined by resolution of the Authority, if purchased at other than par.

(d) In order to ensure the maintenance of the debt service reserve requirement in each debt service reserve fund established by the Authority, there may be appropriated annually and paid to the Authority for deposit in each such fund, such sum as shall be certified by the Chair of the Authority, to the Governor, the President of the Senate, and the Speaker of the House, as is necessary to restore each such debt service reserve fund to an amount equal to the debt service reserve requirement for such fund. The Chair shall annually, on or about February 1, make, execute, and deliver to the Governor, the President of the Senate, and the Speaker of the House a certificate stating the sum required to restore each such debt service reserve fund to the amount aforesaid, and the sum so certified may be appropriated, and if appropriated, shall be paid to the Authority during the then current State fiscal year. The principal amount of bonds or notes outstanding at any one time and secured in whole or in part by a debt service reserve fund to which State funds may be appropriated pursuant to this subsection shall not exceed $181,000,000.00, provided that the foregoing shall not impair the obligation of any contract or contracts entered into by the Authority in contravention of the Constitution of the United States.

(Added 1995, No. 184 (Act. Sess.), § 4b; amended 2003, No. 67, § 3, eff. June 16, 2003; 2009, No. 78 (Adj. Sess.), § 15, eff. April 15, 2010; 2011, No. 110 (Adj. Sess.), § 3, eff. May 8, 2012; 2013, No. 87, § 7, eff. June 17, 2013; 2015, No. 157 (Adj. Sess.), § A.3, eff. June 2, 2016; 2017, No. 157 (Adj. Sess.), § 1; 2019, No. 79, § 17, eff. June 20, 2019.)

§ 220 Transfer from Indemnification Fund

The State Treasurer shall transfer from the Indemnification Fund created in former section 222a of this title to the Authority all current and future amounts deposited to that Fund.

(Added 2015, No. 157 (Adj. Sess.), § A.4, eff. June 2, 2016.)

§ 220a The Vermont Jobs Fund

(a) There is hereby created the Vermont Jobs Fund, hereinafter called the Fund, which shall be used by the Authority as a nonlapsing fund for the purposes of this chapter. To it shall be charged all operating expenses of the Authority not otherwise provided for and all payments of interest and principal required to be made by the Authority under this subchapter. To it shall be credited any appropriations made by the General Assembly for the purposes of this chapter and all payments required to be made to the Authority under this chapter, it being the intent of this section that the Fund shall operate as a revolving fund whereby all appropriations and payments made thereto may be applied and reapplied for the purposes of this chapter. Monies in the Fund may be loaned at interest rates to be set by the Authority for the following:

(1) Loans to local development corporations under this chapter.

(2) Direct loans as described in subchapter 5 of this chapter.

(3) Loans for the financing of export activities under subchapter 9 of this chapter.

(4) Other loans as the Authority may prescribe under subchapter 10 of this chapter.

(b) Monies in the Fund may be loaned to the Vermont Agricultural Credit Program to support its lending operations as established in chapter 16A of this title at interest rates and on terms and conditions to be set by the Authority to establish a line of credit in an amount not to exceed $100,000,000.00 to be advanced to the Vermont Agricultural Credit Program to support its lending operations as established in chapter 16A of this title.

(c) Monies in the Fund may be loaned to the Vermont Small Business Development Corporation to support its lending operations as established pursuant to subdivision 216(14) of this title at interest rates and on terms and conditions to be set by the Authority.

(d) Monies in the Fund may be loaned to the Vermont 504 Corporation to support its lending operations as established pursuant to subdivision 216(13) of this title at interest rates and on terms and conditions to be set by the Authority.

(e) The Authority may loan money from the Fund to the Vermont Sustainable Energy Loan Fund established under subchapter 13 of this chapter at interest rates and on terms and conditions set by the Authority.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1985, No. 81, § 3; 1995, No. 46, § 8, eff. April 20, 1995; 2003, No. 7, § 8, eff. April 25, 2003; 2003, No. 67, § 4, eff. June 16, 2003; 2009, No. 78 (Adj. Sess.), § 16, eff. April 15, 2010; 2013, No. 87, § 4; 2015, No. 157 (Adj. Sess.), § A.5, eff. June 2, 2016; renumbered from 10 V.S.A. § 234 and amended by 2025, No. 26, § 2, eff. July 1, 2025.)

Subchapter 2 Mortgage Insurance

§§ 221-229 Repealed

[Repealed]

2015, No. 157 (Adj. Sess.), § A.7(b), eff. June 2, 2016.

Subchapter 3 Industrial Parks, Speculative Buildings, and Small Business Incubator Facilities

§ 231 Assistance to local development corporations

Upon application of a local development corporation, the Authority may loan money to that local development corporation, upon such terms and conditions as it may prescribe, for the purpose of industrial park planning and development, for constructing or improving a speculative building or small business incubator facility on land owned or held under lease by the local development corporation, for purchase or improvement of existing buildings suitable for or which can be made suitable for industrial or small business incubation facility purposes and for the purchase of land in connection with any of the foregoing. Before the local development corporation receives such funds for such purposes from the Authority, it shall give to the Authority security for the repayment of the funds. The security shall be in such form and amounts as the Authority may determine and shall, in each instance, include a first mortgage on the land, or the leasehold, building, and appurtenances financed by such funds. Loans by the Authority to local development corporations for the construction of speculative buildings or improvements to those buildings shall be repaid in full, including interest and other charges, within 90 days after the building is occupied if the building is being sold, or within five years after the property is occupied if the building is being leased, or within such period of time deemed reasonable by the Authority. Loans by the Authority to local development corporations for the construction, purchase, or improvement of small business incubator facilities shall be repaid in full, including interest and other charges, within 20 years after the property is occupied.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1977, No. 52, 1986 § 8, eff. April 22, 1977; 1985, No. 136 (Adj. Sess.), § 7, eff. April 24, 1991, No. 76, § 1; 2025, No. 26, § 1, eff. July 1, 2025.)

§ 232 Issuance of loans for speculative buildings and small business incubator facilities

Before issuing any loan under this subchapter for construction of a speculative building or small business incubator facilities and the purchase of land in connection therewith, the Authority, or the Authority’s loan officer pursuant to the provisions of subdivision 216(15) of this title, shall determine and incorporate the following findings in its minutes. Such findings when adopted by the Authority shall be conclusive:

(1) The project is within the scope of this chapter, will be of public use and benefit, and may reasonably be expected to create new employment opportunities.

(2) The proposed site for the speculative building or small business incubator facilities will be located on adequate land owned or to be acquired by the local development corporation or leased by the local development corporation on terms satisfactory to the Authority.

(3) An adequate access road from a public highway is provided to the proposed site and that such utilities as water, sewer, and power facilities are available, or will be available when the speculative building or small business incubator facilities is completed.

(4) The project plans comply with all applicable environmental, zoning, planning and sanitary laws and regulations of the municipality where it is to be located and of the State of Vermont.

(5) The local development corporation is responsible and has presented evidence to demonstrate its ability to carry out the project as planned.

(6) Evidence has been presented demonstrating the feasibility of the site as a location for business, and additional evidence has been presented that an adequate supply of labor is available within the labor market area to serve a business located on the site or in the small business incubator facility.

(7) The local development corporation has made adequate provisions for insurance protection of the building while it is unoccupied and suitable arrangements have been made for fire protection and maintenance while it is unoccupied.

(8) The project will be without unreasonable risk of loss to the Authority.

(9) The local development corporation is unable to secure on reasonable terms the funds required for the project without the assistance of the Authority, or in the alternative, the making of the loan will serve as a substantial inducement for the establishment or expansion of a speculative building or small business incubator.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1985, No. 136 (Adj. Sess.), § 8, eff. April 24, 1986; 1991, No. 76, § 2; 1995, No. 46, § 7, eff. April 20, 1995.)

§ 233 Depressed areas

The Authority shall give preference to the areas within labor market districts declared to be economically depressed areas as defined by the Vermont Agency of Commerce and Community Development or the Vermont Department of Labor, or to the area that is a designated job development zone under chapter 29, subchapter 2 of this title.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1981, No. 66, § 5(a), eff. May 1, 1981; 1985, No. 172 (Adj. Sess.), § 2; 1995, No. 190 (Adj. Sess.), § 1(a); 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)

§ 234 Redesignated

[Redesignated]

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1985, No. 81, § 3; 1995, No. 46, § 8, eff. April 20, 1995; 2003, No. 7, § 8, eff. April 25, 2003; 2003, No. 67, § 4, eff. June 16, 2003; 2009, No. 78 (Adj. Sess.), § 16, eff. April 15, 2010; 2013, No. 87, § 4; 2015, No. 157 (Adj. Sess.), § A.5, eff. June 2, 2016; renumbered to 10 V.S.A. § 220a by 2025, No. 26, § 2, eff. July 1, 2025.)

§ 235 Repealed

[Repealed]

1995, No. 184 (Adj. Sess.), § 4a, eff. July 1, 1997.

§ 236 Taxes

(a) While a part of a building or industrial park owned by a local development corporation and subject to a mortgage to the Authority or the State of Vermont under this subchapter remains unoccupied, that portion that remains unoccupied shall be exempt from all taxes and special assessments of the State or a municipality. Instead of taxes, payments shall be made by the local development corporation to the municipality in which the speculative building or industrial park is located for highway maintenance, fire protection, or for other services.

(b) Any property to which the Authority holds title by reason of foreclosure upon a mortgage or other security given by a local development corporation in connection with a loan made under this subchapter, or voluntary conveyance in lieu thereof, shall, as long as it is not leased or rented, be exempt from all taxes and special assessments of the State and all local municipal property taxes for the remaining balance of the tax year in which title becomes vested in the Authority and the entire next succeeding year, provided however, that thereafter the Authority shall pay 50 percent of the local municipal property taxes annually assessed against such property during the term of the Authority’s ownership.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1977, No. 52, § 9, eff. April 22, 1977; 1981, No. 54, § 14, eff. April 28, 1981.)

§ 237 Issuing of loans for industrial park planning and development projects

Before issuing any loan under this subchapter for industrial park planning and development, and the purchase of land in connection therewith, the Authority shall determine and incorporate in its minutes the findings that:

(1) The proposed industrial park is on adequate land owned or to be owned by the local development corporation or leased by the local development corporation on terms satisfactory to the Authority.

(2) An adequate access road from a public highway is provided to the proposed site, and utilities, including water, sewer, and power facilities, are available or will be available for any future tenant located in the park.

(3) The total industrial park will be planned by architects and engineers acceptable to the Authority.

(4) No more than 80 percent of the fair market value of the industrial park, as shown by appraisal by an appraiser acceptable to the Authority, is to be financed under the loan.

(5) The park project is within the scope of this chapter, will be of public use and benefit, and may reasonably be expected to create new employment opportunities.

(6) The park project complies with all applicable environmental, zoning, planning and sanitary laws and regulations of the municipality in which it is to be located and of the State of Vermont.

(7) The local development corporation is responsible and has presented evidence to demonstrate its ability to carry out the park project as planned.

(8) Evidence has been presented demonstrating the feasibility of the site as a location for industry, and additional evidence has been presented that an adequate supply of labor is available within the labor market area to serve an industry located on the site.

(9) The park project will be without unreasonable risk of loss to the Authority, and the local development corporation is unable to secure on reasonable terms the funds required for the project without the assistance of the Authority. Such findings when adopted by the Authority shall be conclusive.

(Added 1973, No. 197 (Adj. Sess.), § 1.)

Subchapter 4 Economic Development Revenue Bonds

§ 241 Powers of municipalities

Municipalities shall have the following powers in addition to any other powers given them by law:

(1) To engage in projects under this subchapter within the municipality or partially within the municipality but entirely within the State, to acquire ownership or possessory interests in eligible facilities and related property, and to dispose of them;

(2) To issue bonds to pay project costs, or to reimburse a user or a related person for payments for project costs made before or after the bonds are issued, or to refund bonds previously issued;

(3) To execute financing documents and security documents and to perform obligations and exercise powers created by them;

(4) In the event of default by a user under a financing document, but only to the extent authorized by the financing document or security document, to dispose of all or part of the eligible facility by sale or otherwise for the benefit of the bondholders under the security document;

(5) To make contracts or take any other action that is necessary or desirable in connection with the exercise of the foregoing powers. Nothing in this chapter shall be construed to authorize a municipality to operate an eligible facility itself or to conduct any business enterprise with it.

(6) To acquire and to enter into commitments to acquire any federally guaranteed security and to pledge or otherwise use any such federally guaranteed security in such manner as the Authority shall approve to secure or otherwise provide a source of repayment on any of its bonds or to enter into any appropriate agreement with one or more users whereby the municipality may make a loan to any such user for the purposes of enabling such user to fund or refund directly or indirectly, the cost of acquiring or entering into commitments to acquire any federally guaranteed security; provided, however, that the federally guaranteed security is evidence of a federally insured project loan or, if not such evidence, that the Authority determines that the federally guaranteed security has been issued to pass through a federally insured project loan.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 18, § 8, eff. March 27, 1975; 1981, No. 54, § 8, eff. April 28, 1981; 1993, No. 89, § 3(b), eff. June 15, 1993.)

§ 242 Financing documents

(a) A financing document shall:

(1) provide for payments by the user at such times and in such amounts as are necessary in order to pay the debt service on all bonds issued to finance the project as they become due; and

(2) obligate the user to pay all the costs and expenses of operation, maintenance, upkeep, and insurance of the eligible facility.

(b) A financing document may:

(1) provide for payments by the user that include amounts in addition to the amounts required to pay debt service;

(2) obligate a user to make payments before the eligible facility exists or becomes functional and to make payments after the eligible facility has ceased to exist or be functional to any extent and from any cause whatsoever;

(3) obligate a user to make payments regardless of whether the user is in possession or is entitled to be in possession of the eligible facility;

(4) allocate responsibility between the municipality and the user for making purchases and contracts required for the project;

(5) contain an option for the user to acquire any ownership or possessory interest that the municipality may have in the eligible facility for nominal consideration upon payment of the bonds or upon the user’s making adequate and secure provision for their payment and provide for the automatic transfer of the municipality’s interest in the facility upon the effective exercise of the option;

(6) provide that some or all of the user’s obligations shall be unconditional and shall be binding and enforceable in all circumstances whatsoever notwithstanding any other provision of law; and

(7) contain such other provisions and covenants relating to the use, maintenance, repair, insurance, and replacement of the eligible facility as the municipality and the user deem necessary for the protection of themselves or others.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 18, § 9, eff. March 27, 1975; 1993, No. 89, § 3(b), eff. June 15, 1993.)

§ 243 Security documents

(a) An assignment, pledge, mortgage or other encumbrance of all or part of a municipality’s right to receive payments with respect to an eligible facility contained in a security document shall be fully effective from the time when the security document is executed with or without any subsequent physical delivery or segregation of the money and without any filing or recording under the Uniform Commercial Code or otherwise.

(b) A security document may contain covenants of the municipality as to:

(1) the creation and maintenance of reserves;

(2) the issuance of other bonds with respect to the eligible facility;

(3) the custody, investment and application of monies;

(4) the disposition of insurance or condemnation proceeds;

(5) the use of surplus bond proceeds;

(6) action by the municipality in the event of a default by the user under the financing document;

(7) the subjecting of additional property to the lien of the security document;

(8) any other matter which affects the security for the bonds in any way;

(9) pledging any federally guaranteed security and monies received therefrom whether such security is acquired by the municipality or by a user to secure the payment of the bonds.

(c) A security document may limit the rights of bondholders to enforce obligations of the municipality thereunder or under the financing document.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 18, § 10, eff. March 27, 1975; 1981, No. 54, § 10, eff. April 28, 1981; 1993, No. 89, § 3(b), eff. June 15, 1993.)

§ 244 Bonds

(a) Bonds authorized under this subchapter may, without limitation, be issued:

(1) in one or more series of one or more denominations and bearing one or more rates of interest;

(2) in bearer form or registered form with or without privileges of conversion and reconversion from one form to the other;

(3) payable in serial installments or as term bonds, and any series may consist of both types of bonds, provided that all of the bonds of every series shall mature no later than 40 years after their dates; and

(4) subject to redemption prior to maturity, with or without the payment of any redemption premium, in accordance with the provisions of the security document.

(b) Bonds shall bear the manual or electronic signature of the treasurer of the municipality and the manual, electronic, or facsimile signature or signatures of the mayor or a majority of the selectboard or trustees as the case may be. Interest coupons, if any, shall bear the facsimile signature of the treasurer. If the municipality has a corporate seal, bonds shall bear the seal or a facsimile of the seal. Bonds executed in accordance with this subchapter shall be valid notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to hold office.

(c) Every bond shall bear a statement on its face that it does not constitute an indebtedness of the municipality except to the extent permitted by this subchapter. Bonds may be sold at public or private sale by the officers authorized to sign them. The price at which bonds are sold may be par or may be more or less than par, but the original purchaser of the bond shall be obligated to pay accrued interest for the period, if any, from the date of the bonds to the date of delivery. All bonds issued under this subchapter and interest coupons applicable thereto, if any, shall be deemed to be negotiable instruments and to be investment securities under the Uniform Commercial Code.

(d) No purchaser of bonds shall be in any way bound to see to the proper application of the proceeds thereof.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 18, § 11, eff. March 27, 1975; 2025, No. 26, § 1, eff. July 1, 2025.)

§ 245 Municipal proceedings

All actions of a municipality in the exercise of its powers with respect to a project and the financing thereof shall be authorized by resolution adopted by majority vote of all of the members of its governing body. Unless otherwise provided in the resolution, or in the city charter in the case of a city, each resolution shall take effect upon its passage. The terms and details of any transaction may be delegated by the governing body to those authorized by the governing body to enter into the transaction on behalf of the municipality.

(Added 1973, No. 197 (Adj. Sess.), § 1.)

§ 246 Approval of Authority

No municipality may acquire any interest in an eligible facility or execute any financing document or security document or issue any bonds under this subchapter without the approval of the Authority, but nothing herein contained shall prevent a municipality from giving preliminary official approval of a proposed project and the financing thereof. In applying for approval by the Authority the municipality shall furnish the Authority with any information required, including drafts of the proposed financing document and security document. The Authority shall not give its approval unless it determines and incorporates findings in its minutes that:

(1) the project and its proposed financing are feasible;

(2) the establishment and operation of the eligible facility will either:

(A) create or preserve employment opportunities directly or indirectly within the State; or

(B) help to protect the State’s physical environment, or will accomplish both purposes;

(3) the eligible facility consists of property of a type that may be financed under this subchapter;

(4) the proposed user, or if the user as defined under subdivision 212(23) of this chapter is a lessor, then the tenant of said lessor, has the skills and financial resources necessary to operate the eligible facility successfully;

(5) the financing and security documents contain provisions such that under no circumstances is the municipality obligated directly or indirectly to pay project costs; debt service; or expenses of operation, maintenance and upkeep of the facility except from bond proceeds or from funds received under the financing or security documents, exclusive of funds received thereunder by the municipality for its own use;

(6) the project plans comply with all applicable environmental, zoning, planning, and sanitary laws and regulations of the municipality and of the State of Vermont; and

(7) neither the financing document nor the security document purports to create any debt of the municipality with respect to the eligible facility, other than a special obligation of the municipality under this chapter; and

(8) the proposed financing of the project by the municipality and the proposed operation and use of the eligible facility will preserve or increase the prosperity of the municipality and of the State or enhance or protect the physical environment of the State and will promote the general welfare of citizens of the State;

(9) for a project involving an eligible facility as defined in subdivision 212(6)(G) of this chapter, the project has been certified by the Transportation Board as likely to aid in the retention of existing industrial or agricultural enterprises in the State or in the development and increase of such enterprises, and if such project consists in whole or in part of vehicles, rolling stock or other modes of conveyance, there is reasonable assurance that the same will continue to be based in or operated from the municipality and contribute to the prosperity of the municipality and of the State; and

(10) the findings when adopted by the Authority shall be conclusive.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 18, § 12, eff. March 27, 1975; 1981, No. 54, § 15, eff. April 28, 1981; 1983, No. 38, § 2; 1993, No. 89, § 3(b), eff. June 15, 1993.)

§ 247 Obligations of the municipality

No financing or security document, bond, or other instrument issued or entered into under this subchapter shall in any way obligate a municipality to use its taxing power for any purpose in relation to an eligible facility financed under this subchapter. No municipality may pay or promise to pay any debt or meet any financial obligation to any person at any time in relation to an eligible facility financed under this subchapter, except from monies received or to be received under the provisions of a financing or security document entered into under this subchapter or except as may be required by other provisions of law. Bonds issued under the subchapter shall not be deemed indebtedness of the municipality for the purposes of any debt limit.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 18, § 13, eff. March 27, 1975; 1993, No. 89, § 3(b), eff. June 15, 1993.)

§ 248 Trustees and trust funds

A state or national chartered bank, Vermont bank, or Vermont trust company may serve as trustee for the benefit of bondholders under a security document; and the trustee may at any time own all or any part of the bonds issued under that security document, unless otherwise provided therein. All monies received or held by a municipality or by a trustee pursuant to a financing or security document, other than funds received or held by the municipality for its own use, shall be deemed to be trust funds and shall be held and applied solely in accordance with the applicable document, but the person paying the money to the municipality or the trustee shall not be in any way bound to see to its proper application.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 18, § 14, eff. March 27, 1975.)

§ 249 Remedies

Except as provided in any financing or security document entered into or any bond issued under this subchapter, each of the parties to the financing or security document or any bondholder may enforce the obligation of any other person to him or her under the bond or instrument by appropriate legal proceedings in a court of competent jurisdiction. A receiver may be appointed for an eligible facility in any such proceeding.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 18, § 15, eff. March 27, 1975; 1993, No. 89, § 3(b), eff. June 15, 1993.)

§ 250 Bonds exempt from taxation

All bonds issued under this subchapter and the income therefrom shall be exempt from taxation by the State of Vermont and all of its political subdivisions, agencies, or instrumentalities, except that bonds shall not be exempt from inheritance, transfer, and estate taxes or taxes in the nature thereof.

(Added 1973, No. 197 (Adj. Sess.), § 1.)

§ 251 Taxation of eligible facilities

All real and personal property comprising an eligible facility financed under this subchapter shall be set in the grand list and taxed to the tenant of the facility as if the tenant were the owner of the property in fee.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1993, No. 89, § 3(b), eff. June 15, 1993.)

§ 252 Bonds eligible for investment

Bonds issued under this subchapter shall be legal investments for all persons without limit as to the amount held, regardless of whether they are acting for their own account or in a fiduciary capacity; such bonds shall likewise be legal investments for all public officials authorized to invest public funds. No person offering to buy or sell or buying or selling the bonds shall be required to obtain any license or register any transaction in connection with them.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 18, § 16, eff. March 27, 1975.)

§ 253 Authority projects

(a) The Authority may engage in projects within the State in accordance with the provisions of this subchapter. For the purposes of this section and section 254 of this title:

(1) The word “municipality” as used in the sections of this subchapter other than this section shall mean the “Authority”;

(2) The provisions of section 245 of this title shall not apply; and

(3) The provisions of this subchapter other than this section and section 254 of this title shall, where appropriate, be deemed to be modified or superseded by the provisions of this section and section 254 of this title.

(b) For the purposes of engaging in a project, the Authority shall act on behalf of the State as its agent and instrumentality for the execution of financing documents, security documents, bonds, and other appropriate instruments or for the taking of any action with respect to a project financed in whole or in part by the issue of bonds under section 254 of this title.

(c) Title to or possessory interest in any eligible facility that is financed in whole or in part by the issue of bonds pursuant to section 254 of this title may be taken and held in the name of the Authority. In performing its functions under this section, the Authority may exercise any and all powers conferred upon municipalities by this subchapter, but the Authority shall not execute any financing document, security document, or bond with respect to a project until the Authority has made the findings required by section 246 of this title.

(d) The Authority shall establish guidelines for the type and location of projects that shall be considered in evaluating applications for financing under this subchapter. These guidelines shall be used to prioritize projects and shall include factors such as the number of permanent jobs created or retained; the wage rates of the jobs created; the availability and suitability of private market financing; the employment multiplier effect; the potential for alleviating unemployment in distressed areas; the potential effect on the revitalization of depressed commercial areas; the potential to stimulate markets for recycled materials to be used as raw materials; whether the project is located in the job development zone as designated under chapter 29, subchapter 2 of this title; and a potential for increasing capital investment. In the consideration of nonmanufacturing projects, priority shall be given to those projects located within areas suffering from the loss of commercial or service enterprises, loss of commercial or service sales, buildings with large vacancy rates, or physically deteriorating structures.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 18, § 17, eff. March 27, 1975; 1975, No. 187 (Adj. Sess.), § 2; 1983, No. 159 (Adj. Sess.), § 2, eff. April 14, 1984; 1985, No. 172 (Adj. Sess.), § 3; 1991, No. 202 (Adj. Sess.), § 10, eff. May 27, 1992; 1993, No. 89, § 3(b), eff. June 15, 1993; 2025, No. 26, § 1, eff. July 1, 2025.)

§ 254 Authority bonds

(a) From time to time the Authority may issue bonds to pay project costs of a project that has been approved by the Authority, to reimburse a user for the payment of costs made before or after the bonds are issued or to refund bonds previously issued.

(b) No bonds shall be issued under this section without the prior approval of the Governor or designee and the State Treasurer.

(c) Bonds issued under this section shall bear the manual, electronic, or facsimile signature of the manager or treasurer of the Authority, or authorized designee and agent; provided, however, that such signatures shall be manual unless the bonds are to be manually authenticated by a bank or trust company serving as trustee for the bonds. The details of the bonds shall be fixed by the signing officers in accordance with section 244 of this title. Bonds shall be sold by the signing officers at public or private sale, and the proceeds thereof shall be paid to the trustee, lender, or disbursing agent under the security document that secures the bonds.

(d) No financing or security document or bond issued or entered into under this subchapter shall in any way obligate the State to raise any money by taxation or use other funds for any purpose to pay any debt or meet any financial obligation to any person at any time in relation to an eligible facility financed in whole or in part by the issue of the Authority’s bonds under this subchapter, except from monies received or to be received under a financing or security document entered into under this subchapter or except as may be required by any other provision of law. Notwithstanding the provisions of this subsection, the State may accept and expend with respect to an eligible facility any gifts or grants received from any source in accordance with the terms of the gifts or grants.

(e) In carrying out the purposes of this subchapter, the Authority may, with the consent of the users, undertake a combined financing of projects for two or more users, and, thereupon, all other provisions of this subchapter shall apply to and for the benefit of the Authority and the participants in such joint financing.

(f) Bonds may be issued by the Authority under this subchapter for the purpose of making loans to local development corporations for industrial park planning and development, constructing, or improving a speculative building or small business incubator facility on land owned or held under lease by the local development corporation, purchase or improvement of existing buildings suitable or that can be made suitable for industrial or business incubation purposes, and purchase of land in connection with any of the foregoing.

(1) Before issuing bonds for construction of a speculative building or small business incubator facility and the purchase of land in connection therewith, the Authority shall make the determinations and incorporate in its minutes the findings required by section 232 of this title.

(2) Before issuing bonds for industrial park planning and development and the purchase of land in connection therewith, the Authority shall make the determinations and incorporate in its minutes the findings required by section 237 of this title.

(3) Financing and security documents shall contain provisions such that under no circumstances is the State obligated directly or indirectly to pay project costs; debt service; or expenses of operation, maintenance, and upkeep of the facility except from bond proceeds or from funds received under the financing or security documents, exclusive of funds received thereunder by the State for its own use.

(4) Financing and security documents shall not create any debt of the State with respect to the eligible facility, other than a special obligation of the State under this chapter.

(g) All determinations and findings made by the Authority pursuant to this section shall be conclusive.

(h) The Authority is authorized to pledge security and to enter into security, insurance, or other forms of credit enhancement. A pledge in any agreement shall be valid and binding from the time such pledge shall be made without any physical delivery or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise, irrespective of whether such parties have notice thereof. Any such pledge shall be perfected by filing of the agreement in the records of the Authority and no filing need be made under any other provision of law.

(i) The Authority may purchase any bond issued under this subchapter 4. Subject to the terms of any agreement with the bondholders, the Authority may hold, pledge, resell, or cancel any bond purchased under this paragraph, expect that a purchase under this paragraph shall not cause the extinguishment of such bond unless the Authority cancels the bond or otherwise certifies its intention that the bond be extinguished.

(j) No designated member, director, officer, employee, or agent of the Authority shall be liable personally on the bonds or any contract entered into by the Authority or subject to any personal liability or accountability by reason of the issuance of the bonds unless the personal liability or accountability is the result of intentional misconduct.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 18, § 18, eff. March 27, 1975; 1975, No. 187 (Adj. Sess.), § 3; 1981, No. 54, § 11, eff. April 28, 1981; 1983, No. 33,§§ 5, 6, eff. April 22, 1983; 1983, No. 159 (Adj. Sess.), § 3, eff. April 14, 1984; 1985, No. 25, § 2; 1985, No. 136 (Adj. Sess.), § 10, eff. April 24, 1986; 1993, No. 89, § 3(b), eff. June 15, 1993; 2025, No. 26, § 1, eff. July 1, 2025.)

Subchapter 5 Direct Loans

§ 261 Additional powers

In addition to powers enumerated elsewhere in this chapter, the Authority may:

(1) Make loans secured by mortgages or other assets, which may be subordinate to one or more prior mortgages or liens, upon application by the proposed obligor, who may be a private corporation, nonprofit organization, partnership, person, or municipality financing an eligible project described in subdivision 212(6) of this title, upon such terms as the Authority may prescribe, for the purpose of financing the establishment or expansion of eligible facilities. Such loans shall be made from the Vermont Jobs Fund established under this chapter. The Authority may provide for the repayment and redeposit of such loans as provided in this subchapter.

(2) Take title by foreclosure to any eligible facility where such acquisition is necessary to protect any loan previously made by the Authority; pay all costs arising out of such foreclosure and acquisition from monies held in the Vermont Jobs Fund; and sell, transfer, and convey any such eligible facility to any responsible buyer. If the sale, transfer, and conveyance cannot be effected with reasonable promptness, the Authority may, in order to minimize financial losses and sustain employment, lease the eligible facility to a responsible tenant or tenants.

(3) Purchase prior secured loans and make payments on prior secured loans on any eligible facility where the purchase or payment is necessary to protect any loan previously made by the Authority. In addition, the Authority may sell, transfer, convey, and assign any such prior mortgage or security. Monies used by the Authority in the purchase of any prior mortgage or security, or any payments thereon, shall be withdrawn from the Vermont Jobs Fund, and any monies derived from the sale of any prior mortgage or security shall be deposited by the Authority in the Vermont Jobs Fund.

(4) Purchase and own personal property for the purpose of leasing such personal property under financing leases, which leases transfer the ownership of leased personal property to each lessee following the payment of all required lease payments as specified in each lease agreement.

(5) Execute lease agreements pursuant to subdivision (4) of this section.

(6) Provide loans and assistance under this subchapter for the planning, development, or improvement of an industrial park or an eligible project within an industrial park.

(Added 1973, No. 197, (Adj. Sess.), § 1; amended 1975, No. 187 (Adj. Sess.), § 4; 1993, No. 89, § 3, eff. June 15, 1993; 1995, No. 46, § 10, eff. April 20, 1995; 2013, No. 199 (Adj. Sess.), § 36; 2015, No. 41, § 23, eff. June 1, 2015; 2021, No. 91 (Adj. Sess.), § 1, eff. April 20, 2022; 2025, No. 26, § 1, eff. July 1, 2025.)

§ 262 Findings

Before making any loan, the Authority shall receive from an applicant a loan application in such form as the Authority may by rule prescribe, and the Authority, or the Authority’s loan officer pursuant to the provisions of subdivision 216(15) of this title, shall determine and incorporate findings in its minutes that:

(1) The project is within the scope of this chapter and will increase or maintain employment and expand the economy of the State.

(2) The project plans comply with all applicable environmental, zoning, planning, and sanitary laws and regulations of the municipality where it is to be located and of the State.

(3) The making of the loan will be of public use and benefit.

(4) The proposed loan will be adequately secured by a mortgage on real property or equipment, or both.

(5) The principal obligation of the Authority’s loan does not exceed $5,000,000.00, which may be secured by land and buildings or by machinery and equipment, or both, unless:

(A) an integral element of the project consists of the generation of heat or electricity employing biomass, geothermal, methane, solar, or wind energy resources to be primarily consumed at the project, in which case the principal obligation of the Authority’s loan does not exceed $6,000,000.00, which may be secured by land and by buildings or machinery and equipment, or both; such principal obligation does not exceed 40 percent of the cost of the project; and the obligor is able to obtain financing for the balance of the cost of the project from other sources as provided in the following section; or

(B) a single loan for which the principal amount of the Authority’s mortgage does not exceed $3,000,000.00 for an eligible facility consisting of a municipal telecommunications plant, as defined in 24 V.S.A. § 1911(2).

(6) The obligor is responsible and able to manage its responsibilities as obligor and owner of the project.

(7) The loan has a satisfactory maturity date.

(8) The obligor is unable to finance the project upon reasonable terms without the assistance of the requested loan from the Authority, or in the alternative, the granting of the loan will serve as a substantial inducement for the establishment or expansion of an eligible project within the State.

(9) The obligor has made adequate provision for insurance protection of the project while the loan is outstanding.

(10) The loan will be without unreasonable risk of loss to the Authority. Such findings when adopted by the Authority shall be conclusive.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 187 (Adj. Sess.), § 5; 1987, No. 203 (Adj. Sess.), § 2, eff. May 27, 1988; 1991, No. 212 (Adj. Sess.), § 5, eff. May 27, 1992; 1993, No. 89, § 3(b), eff. June 15, 1993; 1995, No. 46, § 11, eff. April 20, 1995; 1999, No. 131 (Adj. Sess.), § 2; 2003, No. 67, § 7a, eff. June 16, 2003; 2005, No. 137 (Adj. Sess.), § 2; 2011, No. 110 (Adj. Sess.), § 4, eff. May 8, 2012; 2015, No. 41, § 24, eff. June 1, 2015; 2021, No. 91 (Adj. Sess.), § 1, eff. April 20, 2022; 2025, No. 26, § 1, eff. July 1, 2025.)

§ 263 Loan; limitations

(a) When it has been determined by the Authority that the establishment or expansion of a particular eligible facility will accomplish the public purposes of this act, the Authority may contract to loan to the obligor an amount not in excess of 40 percent of the cost of such eligible facility. In addition, the Authority shall have determined that the obligor has obtained from other independent and responsible sources, such as financial institutions or otherwise, a firm commitment for all other funds, over and above the loan of the Authority and such funds or property as the local development corporation may hold, necessary for payment of all of the cost of the project, and that the sum of all these funds, together with any funds, machinery, and equipment to be provided by the obligor is adequate for the completion and operation of the project.

(b) Any loan of the Authority under this subchapter shall be for a period of time and shall bear interest at such rate as determined by the Authority and shall be secured by a mortgage on the eligible facility or a lien on its assets for which the loan was made or upon the assets of a municipal communications plant, including the net revenues derived from the operation thereof, or both. The secured loan may be subordinate to one or more prior loans, including the liens securing the obligation issued to secure the commitment of funds from the independent and responsible sources and used in the financing of the economic development project. Monies loaned by the Authority shall be withdrawn from the Vermont Jobs Fund and paid over to the obligor in such manner as provided and prescribed by the rules of the Authority. All payments of principal and interest on the loans shall be deposited by the Authority in the Vermont Jobs Fund.

(c) Loans by the Authority for an eligible facility under this subchapter shall be made only in the manner and to the extent provided in this section, except, however, in those instances where an agency of the federal government participates in the financing of an eligible facility by loan, grant, or otherwise. When any federal agency participates, the Authority may adjust the required ratio of financial participation by the local development corporation, independent sources of funds, and the Authority in such manner as to ensure the maximum benefit available by the participation of the federal agency. Where any federal agency participating in the financing of an eligible facility is not permitted to take as security a mortgage, the lien of which is junior to the mortgage of the Authority, the Authority shall be authorized to take as security for its loan a mortgage junior in lien to that of the federal agency.

(d) The Authority may develop and incorporate into loan instruments formulae which require prepayment of loans when the profits attained by the borrower warrant prepayment.

(e) All real and personal property to which the Authority holds title by reason of foreclosure upon a mortgage or other security granted it pursuant to this subchapter, or a voluntary conveyance in lieu thereof, shall, as long as it is not leased or rented, be exempt from all taxes and special assessments of the State and all local municipal property taxes for the remaining balance of the tax year in which title becomes vested in the Authority and the entire next succeeding year; provided, however, that thereafter the Authority shall pay 50 percent of the local municipal property taxes annually assessed against such property during the term of the Authority’s ownership.

(f) The Authority shall give preference to projects located within labor market districts declared to be economically depressed areas as defined by the Vermont Agency of Commerce and Community Development or the Vermont Department of Labor, or to projects located within the area that is a designated job development zone under chapter 29, subchapter 2 of this title.

(g) The Authority shall give preference to projects involving loans to employee-owned businesses, to businesses that are becoming employee-owned through the purchase of stock or business assets, and to start-up businesses that will be owned by substantially all of the employees.

(h) All actions of a municipality taken under this subchapter for the financing of an eligible project described in subdivision 212(6) shall be as authorized in section 245 of this title.

(i) The provisions of section 247 of this title shall apply to the financing of an eligible project described in subdivision 216(6) of this title.

(Added 1973, No. 197 (Adj. Sess.), § 1; amended 1975, No. 18, § 19, eff. March 27, 1975; 1975, No. 187 (Adj. Sess.), § 6; 1977, No. 228 (Adj. Sess.), § 6, eff. April 17, 1978; 1981, No. 54, § 16, eff. April 28, 1981; 1985, No. 172 (Adj. Sess.), § 4; 1985, No. 172 (Adj. Sess.), § 4; 1993, No. 89, § 3, eff. June 15, 1993; 1995, No. 190 (Adj. Sess.), § 1(a); 2003, No. 121 (Adj. Sess.), § 90, eff. June 8, 2004; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 170 (Adj. Sess.), § 3; 2015, No. 41, § 25, eff. June 1, 2015; 2025, No. 26, § 1, eff. July 1, 2025.)

§ 264 Accelerated repayment provisions

Any direct loan made on or after July 1, 1988 under this subchapter shall be conditioned upon the maintenance of a reasonable level of employment at the facility or facilities owned by the obligor and pledged as security for the loan. For the purposes of this section, a reasonable level of employment shall be deemed not to have been maintained whenever an obligor employing 50 or more employees at such facility or facilities permanently transfers, within any three-year period, 50 percent or more of those employees or employment positions to any out-of-state facility. Upon breach of this condition, the Authority may declare all principal and interest of the loan immediately due and payable and may commence foreclosure on any property held as security for the loan or take any other lawful steps to obtain payment.

(Added 1987, No. 203 (Adj. Sess.), § 4, eff. May 27, 1988; amended 2025, No. 26, § 1, eff. July 1, 2025.)

Subchapter 6 Family Farm Assistance

§§ 271-275 Repealed

[Repealed]

2019, No. 61, § 12.

§ 276 Repealed

[Repealed]

2009, No. 33, § 83(e)(2).

§ 277 Repealed

[Repealed]

2019, No. 61, § 12.

Subchapter 7 Job Start Program

§§ 278-278b Repealed

[Repealed]

2007, No. 46, § 8, eff. May 23, 2007.

Subchapter 8 Vermont Financial Access Program

§§ 279-279b Repealed

[Repealed]

2015, No. 157 (Adj. Sess.), § A.7(b), eff. June 2, 2016.

Subchapter 9 Vermont Export Finance Program

§ 279c Vermont Export Finance Program

(a) The Authority may, directly or indirectly, extend export finance to Vermont businesses, or to non-Vermont businesses where a substantial beneficiary of the export finance would be a Vermont business. The Authority may only directly extend export finance where the transaction will be guaranteed or insured against nonpayment by the Export-Import Bank of the United States, the U.S. Small Business Administration, or a comparable source of risk mitigation. Such export finance may include extending working capital loans to finance the pre-export costs of manufacturing, preparing, or accumulating products destined for export by overseas importers, the post-export costs of holding export receivables, as well as purchasing export receivables that are payable by overseas importers.

(b) The Authority may use any cash on hand in the Vermont Jobs Fund established under subchapter 1 of this chapter, any appropriations made by the General Assembly for this purpose, loans from banks, export finance specialty lenders, the Treasurer, or other sources in order to provide funds for lending under this subchapter. The Authority may pledge its assets as security for such loans.

(c) The Authority may sell any loans or participations in loans made under this subchapter to financial institutions.

(d) The Authority may extend export finance on such terms and conditions as it deems appropriate. Export finance directly extended by the Authority shall conform to the terms and conditions of the applicable risk mitigation offered by the Export-Import Bank of the United States, the U.S. Small Business Administration, or a comparable source of risk mitigation.

(e) Any excess of revenues over expenses derived from this program shall be deposited in the Vermont Jobs Fund.

(Added 1995, No. 46, § 13, eff. April 20, 1995; amended 2025, No. 26, § 1, eff. July 1, 2025.)

Subchapter 10 Vermont Jobs Fund

§ 280 Public financing policy

(a) It is policy of the State to engage in publicly supported financing activities that carry out the economic development policies of the State, including the following policies:

(1) Vermont should encourage enterprises that maximize job opportunities for Vermonters, produce a diversity of goods and services, and support sustainable development in the Vermont economy.

(2) Vermont should encourage entrepreneurial investments by the private sector in businesses that promote a sustainable economy and that are compatible with Vermont’s economic, social, and environmental values.

(3) Vermont should help its citizens start, maintain, and expand enterprises that:

(A) make use of the traditional skills of Vermont’s people while developing new capabilities necessary to compete in a changing economic environment; and

(B) produce value-added products or services, thereby maximizing reinvestment within Vermont.

(b) As used in this chapter, the term “sustainable development” means meeting the needs of the present without compromising the ability of future generations to meet their own needs.

(Added 1995, No. 46, § 14, eff. April 20, 1995.)

§ 280a Eligible projects; authorized financing programs

(a) The Authority may develop, modify, and implement any existing or new financing program, provided that any specific project that benefits from such program shall meet the criteria contained in the Vermont Sustainable Jobs Strategy outlined in section 280b of this title. These programs may include:

(1) [Repealed.]

(2) the Loans to Local Development Corporations Program, administered under chapter 12, subchapter 3 of this title;

(3) the Industrial Revenue Bond Program, administered under chapter 12, subchapter 4 of this title;

(4) the Direct Loan Program, administered under chapter 12, subchapter 5 of this title;

(5) the SBA 504 Certified Development Company and Small Business Loan Programs of the Authority’s Vermont 504 Corporation, administered by the Authority under subdivision 216(13) of this title;

(6) the Small Business Development Corporation Program, administered by the Authority under subdivision 216(14) of this title;

(7) one or more programs targeting economically distressed regions of the State, and specifically including the Authority to develop a program to finance or refinance up to 100 percent of the existing assets or debts of a health, recreation, and fitness organization that is exempt under Section 501(c)(3) of the Internal Revenue Code, the income of which is entirely used for its exempt purpose, that owns and operates a recreation facility located in a distressed region of the State;

(8) an Export Finance Program, administered by the Authority under chapter 12, subchapter 9 of this title;

(9) a Vermont Sustainable Energy Loan Fund and any programs created thereunder, administered by the Authority under subchapter 13 of this chapter;

(10) any other program implemented after the adoption of the sustainable jobs strategy pursuant to section 280b of this title designed to meet Vermont’s need for sustainable economic development;

(11) a program that would award grants made to eligible and qualified recipients as directed by the Agency of Agriculture, Food and Markets or the Agency of Natural Resources for the purpose of funding water quality initiatives approved by the agencies, provided that the maximum amount of grants awarded by the Authority pursuant to the program shall not exceed $1,340,238.00 in the aggregate; or

(12) loans to agricultural enterprises or endeavors administered by the Authority under chapter 16A of this title and any programs created thereunder.

(b) [Repealed.]

(Added 1995, No. 46, § 14; amended 2003, No. 122 (Adj. Sess.), § 281, eff. June 10, 2004; 2011, No. 63, § E.800; 2013, No. 87, § 5, eff. June 17, 2013; 2015, No. 39, § 20; 2025, No. 26, § 1, eff. July 1, 2025.)

§ 280b The Vermont sustainable jobs strategy

(a)(1) Before issuing any funds to an eligible facility or eligible project under section 280a of this title, the Authority shall make a determination that the facility or project materially supports one of the following objectives:

(A) creating or sustaining employment opportunities for Vermonters in proportion to the amount of financial assistance requested;

(B) providing quality employment at wage and benefit levels sufficient to permit a reasonable standard of living by community standards, and at levels that may contribute to bringing Vermont’s average wage up to or above 100 percent of the national average wage rate;

(C) promoting employment opportunities in economically disadvantaged areas and communities in the State;

(D) advancing the overall growth of wealth in the Vermont economy by promoting the production and sale of goods and services with a substantial Vermont content and those that utilize Vermont’s unique human and natural resource base to markets outside of the State and nation, including visitors to, and travelers through, the State;

(E) assisting the development of a business infrastructure that will contribute to sustainable economic development, to include the provision of necessary services, including shipping, warehousing, communications, repair and maintenance, technical services, distribution, and dependent care, particularly when intrastate capability in these areas can replace services currently provided by out-of-state suppliers;

(F) encouraging economic development projects that reduce, mitigate, or eliminate the effects of climate change, the pollution of land, air, or water, or those that will interdict material within the State that, having served its intended purpose, would otherwise enter the solid waste disposal stream and that will cause the diversion of such material to useful purposes, or that will reuse or recycle any such postconsumer material;

(G) encouraging commercial activity in the traditional downtown areas of the State and promoting through appropriate commercial adaptation the preservation of suitable buildings or structures that are historically or aesthetically significant;

(H) encouraging economic development projects that are consistent with and sensitive to the needs of the communities in which such projects are located;

(I) promoting entrepreneurial activity, recognizing that some of those that are the small businesses of today will be the large employers of tomorrow; and

(J) aiding in the achievement of the economic development and business growth strategies adopted by the Vermont Economic Progress Council and the Vermont Department of Economic Development, wherever possible providing assistance to those categories of enterprise that may be designated as especially desirable for Vermont.

(2) All determinations and findings made by the Authority pursuant to this section shall be conclusive.

(b) The Authority may adopt such policies and procedures necessary to define further any term or criterion used in this section or to set specific standards by which to measure the extent to which any proposed project meets the requirements of this section.

(c) In deciding whether to provide financial assistance to an applicant, the Authority, after determining that a project meets its credit underwriting standards, shall take into account the criteria outlined in this section, the overall benefits of the project to the State and to the community in which it is proposed to be located, the amount of assistance requested, and the availability of Authority resources to fund the request.

(Added 1995, No. 46, § 14, eff. April 20, 1995; amended 1995, No. 190 (Adj. Sess.), § 1(b); 2025, No. 26, § 1, eff. July 1, 2025.)

Subchapter 11 State Infrastructure Bank Program

§ 280d Definitions

As used in this subchapter:

(1) “Agency” means the Agency of Transportation.

(2) “Authority” means the Vermont Economic Development Authority established under section 213 of this title.

(3) “Board” means the State Infrastructure Bank Board as established under this subchapter.

(4) “Bond act” means any general or special law authorizing a governmental unit to incur indebtedness for all or any part of the cost of a qualified project.

(5) “Bonds” means bonds, notes, or other evidence of indebtedness.

(6) “Borrower obligations” means government obligations or a promissory note of a private enterprise issued to evidence a loan.

(7) “Cost,” as applied to any qualified project, means any or all costs, whenever incurred, approved by the Agency, of carrying out a qualified project, including costs for preliminary planning or legal, fiscal, and economic investigations, reports, and studies to determine the economic or engineering feasibility of a qualified project; engineering and architectural reports, studies, surveys, designs, plans, working drawings, and specifications necessary in the construction of a qualified project; construction; expansion; facilities; improvement and rehabilitation; acquisition of real property, personal property, materials, machinery, or equipment; start-up costs; demolitions and relocations; reasonable reserves and working capital; interest on loans, borrower obligations and notes in anticipation thereof prior to and during construction of such qualified project or prior to the date of such loan, if later; administrative, legal, and financing expenses; and other expenses necessary or incidental to the above.

(8) “Financial assistance” means any financial assistance for a qualified project provided by the Board under the Program, including loans to and leases with qualified borrowers, the establishment of reserves and other security, and guarantees of and credit enhancement for the obligations of governmental units and private enterprises incurred in connection with the financing of qualified projects.

(9) “General revenues” when used with reference to a governmental unit means revenues, receipts, assessments, and other monies of a governmental unit, and all rights to receive the same, including revenue permitted to be collected by municipalities, project revenue, assessments upon or payments received from any other governmental unit that is a member or service recipient of the governmental unit, proceeds of loans made in accordance with this subchapter and of grants made in accordance with State transportation or highway grant programs, investment earnings, reserves for debt service or other capital or current expenses, receipts from any rate, charge, tax excise, or fee, all or a part of the receipts of which are payable or distributable to or for the account of the governmental unit, local aid distributions, if any, and receipts, distributions, reimbursements, and other assistance from the State or the United States; provided, however, that general revenues shall not include any monies restricted by law to specific statutorily defined purposes inconsistent with their treatment as general revenues for purposes of this subchapter.

(10) “Government obligations or governmental obligations” means bonds, notes, or other evidence of indebtedness issued by a government unit to evidence a loan.

(11) “Government unit or governmental unit” means any municipality, regional development corporation that is qualified pursuant to 24 V.S.A. chapter 76, or other instrumentality of the State or any of its political subdivisions, that is responsible for the construction, ownership, or operation of a qualified project.

(12) “Guarantee” means a contract or contracts entered into by the Program pursuant to which the Program agrees to guarantee all or a portion of the obligations of a governmental unit or private enterprise incurred to finance a qualified project.

(13) “Highway account” means the highway account of the Program, established under this subchapter.

(14) “ISTEA” means the federal Intermodal Surface Transportation Efficiency Act of 1991, P.L. 102-240, as amended.

(15) “Lease” means any form of capital or operating lease for all or a portion of a qualified project between the Program and a governmental unit or private enterprise.

(16) “Loan” means any form of financial assistance subject to repayment which is provided by the Program to a qualified borrower for all or any part of the cost of a qualified project. A loan may provide for planning, construction, bridge, or permanent financing, and be disbursed in anticipation of reimbursement for or direct payment of costs of a qualified project or take the form of a guarantee, line of credit, or other form of financial assistance.

(17) “Loan agreement” means any agreement entered into between the program and a qualified borrower pertaining to a loan or lease. A loan agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of a qualified project or any other provisions as the Board may reasonably determine. The term “loan agreement” shall include a loan agreement, lease, trust agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note resolution, loan order, or similar instrument whether secured or unsecured.

(18) “NHS Act” means the federal National Highway System Designation Act of 1995, P.L. 104-59, as amended.

(19) “Private enterprise” means a private person or entity that has entered into a contract with a public authority to design, finance, construct, or operate a qualified project that is within the jurisdiction of such public authority, provided that the public authority is responsible for complying with all applicable requirements of ISTEA and the NHS Act with respect to such qualified project.

(20) “Program” means the State Infrastructure Bank Program established pursuant to this subchapter.

(21) “Project revenues” means all rates, rents, fees, assessments, charges and other receipts derived or to be derived by a qualified borrower from a qualified project, and, if so provided in the applicable loan agreement pursuant to this subchapter, from any system of which such qualified project is a part and any other revenue producing facilities under the ownership or control of such qualified borrower, including proceeds of grants, gifts, appropriations and loans, including the proceeds of loans or grants made by the Board, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and the sale or other disposition of property; provided, however, the project revenues shall not include any ad valorem taxes levied directly by a governmental unit on any real and personal property.

(22) “Qualified borrower” means any governmental unit or private enterprise that is authorized to construct, operate, or own a qualified project.

(23) “Qualified project” means any activity, as defined in Title 23 and Title 49, Code of Federal Regulations.

(24) “Revenues” when used with respect to the Board, means any receipts, fees, revenues, or other payments received or to be received by the Program, including receipts and other payments received by or deposited in the Program, payments of principal, interest, or other charges on loans, leases, grants, appropriations or other financial assistance from the State or the United States or any political subdivision or instrumentality of either in connection with the Program, investment earnings on its funds and accounts, including the Program, and any other fees, charges, or other income received or receivable by the Program.

(25) “Secretary” means the Secretary of Transportation.

(26) “State aid distributions” means any receipts, distributions, reimbursements, or other assistance payable by the State to or for the account of a governmental unit.

(27) “Transit account” means the transit account of the Program, established pursuant to this subchapter.

(28) “Trust agreement” means any agreement entered into by the Program and the State Treasurer providing for the issuance, security, and payment of bonds issued pursuant to this subchapter. The term “trust agreement” shall include a trust agreement, trust indenture, security agreement, reimbursement agreement, bond or note resolution, or other similar instrument.

(Added 1997, No. 43, § 1.)

§ 280e State Infrastructure Bank Program

(a) There is created a State Infrastructure Bank Program, to be a program to assist the improvement, rehabilitation, expansion, and construction of transportation projects within the State to contribute to the economic welfare of the State by providing jobs and other economic opportunities for the people of the State and enhancing economic development, particularly in downtown areas.

(b)(1) A State infrastructure bank board is established within the Vermont Economic Development Authority to administer the State Infrastructure Bank Program.

(2) The Board shall consist of two legislators and nine other members: the State Treasurer, the Secretary of Transportation or designee, the Secretary of Commerce and Community Development or designee, one member of the Authority, one member from the Agency of Transportation Planning Division, one member who is a member of the board of a regional development corporation approved under 24 V.S.A. chapter 76, one member who is a member of a regional planning commission created under 24 V.S.A. chapter 117, subchapter 3, two members at large, one Representative appointed by the Speaker of the House, and one Senator appointed by the Committee on Committees. Selection of Board members shall be made with consideration toward geographic representation from throughout the State. Board members, other than legislators and State agency officials or designees, shall be appointed by the Governor, with the advice and consent of the Senate, to five-year terms, except that the Governor shall stagger initial appointments so that the terms of no more than two members expire during a calendar year. Legislative members shall be appointed on or before January 15 of the first year of each legislative session. A quorum shall consist of six members. Members disqualified from voting shall be considered present for purposes of determining a quorum. No action of the Board shall be considered valid unless the action is supported by a majority vote of the members present and voting and then only if at least four members vote in favor of the action.

(3) Board members who are not otherwise compensated in the course of their employment shall be compensated and receive reimbursement for necessary expenses in the same manner provided for members of the board of the Economic Development Authority under subsection 213(e) of this title.

(c)(1) The Board shall adopt such rules or guidelines as it deems necessary to carry out the purposes of the program.

(2) A majority vote of Board members present and voting shall be necessary to approve a loan or bond issuance.

(3) The Secretary of Transportation can veto any approval of the Board if he or she presents objections to the Board based upon the lack of compliance with federal law governing this Program.

(4) The Authority shall assign a State Infrastructure Bank Coordinator from the staff of the Authority to manage the Program. The Coordinator shall be responsible for administration of the Program in accordance with the policies and rules of the Board. The Coordinator may have other responsibilities within the Authority that are outside this Program. The Coordinator may examine any records relating to applications and may conduct such program and fiscal audits as the Coordinator deems necessary.

(Added 1997, No. 43, § 1; amended 1997, No. 120 (Adj. Sess.), § 1a.)

§ 280f Applicability of general provisions

The definitions under section 212 of this chapter shall not apply to this subchapter.

(Added 1997, No. 43, § 1.)

§ 280g State Infrastructure Bank Program; duties; powers

(a) The Board, in addition to any other powers and duties conferred or imposed on it by this chapter or any other law, shall have the following powers and duties:

(1) to apply for, receive, administer, and comply with the conditions and requirements respecting any grant, gift, or appropriation of property, services, or monies;

(2) to make loans to or enter into leases with qualified borrowers to finance the costs of qualified projects, to acquire, hold, and sell borrower obligations evidencing the loans at such prices and in such manner as the Board shall deem advisable, and to pledge borrower obligations to secure bonds issued pursuant to this subchapter;

(3) to enter into guarantees secured solely by, or purchase insurance or other credit enhancement through, amounts on deposit in the Program;

(4) to enter into contracts, arrangements, and agreements to provide any other form of financial assistance through amounts on deposit in the Program that the Board may consider appropriate;

(5) to enter into contracts, arrangements, and agreements with other persons and execute and deliver all trust agreements, loan agreements, and other instruments necessary or convenient to the exercise of the powers granted in this subchapter;

(6) to enter into an agreement, contract, or other arrangement directly or indirectly with the Agency or Authority or with a private enterprise in furtherance of and in accordance with the provisions of ISTEA or the NHS Act, as applicable;

(7) to obtain insurance necessary or convenient to the exercise of the power granted in this subchapter;

(8) to engage accounting, management, legal, financial, consulting, and other professional services necessary to the conduct of the Program;

(9) to distribute the benefits conferred by this subchapter throughout the State.

(10) [Repealed.]

(b) In its administration of the Program as provided in this subchapter, the Program shall comply with applicable federal requirements under ISTEA and the NHS Act and other applicable federal programs. The Program shall not be authorized or empowered to be or to constitute a bank, trust company, or licensed lender under the jurisdiction or under the control of the Department of Financial Regulation or the Comptroller of the Currency or the Treasury Department of the United States, or to be or constitute a bank, banker, or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange, or securities dealers’ law of the United States or Vermont.

(c) The Agency shall provide technical assistance to either the Board, Program, or the Vermont Economic Development Authority to ensure compliance pursuant to subsection (b) of this section.

(d) [Repealed.]

(Added 1997, No. 43, § 1; amended 1997, No. 144 (Adj. Sess.), § 20; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2011, No. 153 (Adj. Sess.), § 28.)

§ 280h Receipt and administration of Program funds

(a) The Authority shall receive in trust, hold, administer, and disburse in and from the Program exclusively for the benefit of the beneficiaries the following monies:

(1) federal grants and awards or other federal assistance received by the Agency or the State and eligible for deposit therein under applicable federal law;

(2) amounts appropriated by the State to the Program for purposes of the Program;

(3) loan and lease payments and other payments received by the Program in respect of providing financial assistance to qualified borrowers;

(4) investment earnings on monies in the Program; and

(5) any other amounts required to be credited to the Program by any law or by any resolution, loan agreement, or trust agreement or which the State or the Secretary shall otherwise determine to deposit therein.

(b) Application of amounts in the Program shall be subject to the requirements of this subchapter and the provisions of any applicable loan agreement or trust agreement and, with respect to amounts held pursuant to grants or awards made under 23 U.S.C. § 101 et seq., or 49 U.S.C. § 5301 et seq., or any other federal law, to the applicable requirements of federal law. The Authority shall be the custodian of the Fund as provided in this subchapter, and, subject to any applicable trust agreement, the Authority is authorized to invest monies held in the Program in such investments as may be legal investments for funds of the State, subject, however, with respect to funds deposited in the Program pursuant to section 350 of the NHS Act, to the provisions of section 350(e)(3) of the NHS Act.

(Added 1997, No. 43, § 1.)

§ 280i Disbursement and use of funds

(a) Subject to limitations under ISTEA and the NHS Act and other federal laws, other laws respecting the use of particular monies in the Program, and the provisions of any applicable trust agreement, amounts in the Program may be used only:

(1) to provide financial assistance, including through loans and leases, to finance or refinance the costs of qualified projects and to provide for all or any part of the interest costs on loans made by the Program during the construction of such qualified projects;

(2) to guarantee or purchase insurance or other credit enhancement for bonds of qualified borrowers issued to finance the costs of qualified projects;

(3) to provide reserves for or otherwise secure bonds issued pursuant to this subchapter and to provide insurance or other credit enhancement for such bonds;

(4) to provide a subsidy for, or to otherwise assist, qualified borrowers in the payment of debt service costs on loans made by the Program;

(5) to provide reserves for, or to otherwise secure, amounts payable by qualified borrowers on loans made by and leases with the Program in the event of default by a particular qualified borrower or, on a parity basis, by any qualified borrower;

(6) to earn interest on the Fund; and

(7) for the costs of administering the Program; provided, however, that not more than two percent of the federal funds contributed to the Program pursuant to section 350 of the NHS Act may be expended for such administrative costs.

(b) For necessary and convenient administration of the Fund, the Program shall establish the highway account and the transit account, as provided in section 280n of this title, and one or more additional accounts and sub-accounts within the Vermont Economic Development Authority as shall be necessary to meet the requirements of the NHS Act and any other applicable federal law requirements or as the program shall otherwise deem necessary or desirable in order to implement the provisions of this subchapter or to comply with any trust agreement. The Program may also establish in any trust agreement or otherwise, as the Secretary shall determine, one or more other funds and accounts for revenues and other funds not required to be held in the Program, and to apply and disburse such funds for the purposes of the Program.

(Added 1997, No. 43, § 1.)

§ 280j Powers and duties of the Secretary

The Secretary is authorized and directed to take all necessary or incidental actions to secure for the State the benefits of ISTEA and the NHS Act, and any similar programs, including exercise of the powers:

(1) to cooperate with appropriate federal agencies in all matters related to the administration of the Program as contemplated by 23 U.S.C. § 129(a)(7) and section 350 of the NHS Act;

(2) to prepare and submit to the appropriate federal agencies applications for grants and to enter into grant agreements, cooperative agreements, operating agreements, and other agreements with the United States relating to the purposes of the Program; and

(3) to prepare and submit to the appropriate federal agencies and the Vermont General Assembly, annual and other reports and audits, in form and content satisfying federal requirements, relating to the Program.

(Added 1997, No. 43, § 1.)

§ 280k Powers and duties of the Program

The Program is authorized and directed to take all necessary or incidental actions to secure for the State the benefits of ISTEA and the NHS Act, and any similar programs, including exercise of the powers:

(1) to establish and collect such fees, charges, and interest rates in compliance with federal requirements and as the Board determines to be reasonable, and to hold, apply and disburse such funds within or without the Program to implement the purposes of this subchapter;

(2) to establish, jointly with the Authority, fiscal controls and accounting procedures for the Program.

(Added 1997, No. 43, § 1.)

§ 280l Applications for financial assistance

(a) Any qualified borrower may file an application with the Board to obtain financial assistance from the Program. The application shall be filed in such manner and contain or be accompanied by such information as the Program may require.

(b) In addition to other requirements prescribed by the Board, an application shall:

(1) describe the nature and purpose of the proposed transportation project, including the need for the project and the reasons why the project is in the public interest;

(2) state the estimated costs of the project and the proposed sources of funding, if any, in addition to the financial assistance being sought from the Program;

(3) state the economic development benefit;

(4) demonstrate that the project has the support of the regional planning commission or the metropolitan planning organization, as the case may be, in which the project is located, which support shall not be given unless the project is in conformance with the regional plan;

(5) demonstrate conformance with Agency of Transportation design standards and level of improvement policies; and

(6) demonstrate that the public benefits of the project outweigh its public costs.

(c) Before any financial assistance under this chapter is approved for an Agency of Transportation project, the applicant shall demonstrate that:

(1) the project is part of the State’s current year transportation capital program approved by the General Assembly under 19 V.S.A. § 10g(c); or

(2) if the Legislature is not in session, the project is approved by a committee, composed of the Joint Fiscal Committee, the Chair of the House Committee on Transportation or designee, and the Chair of the Senate Committee on Transportation or designee.

(Added 1997, No. 43, § 1.)

§ 280m Loan and lease terms

(a) The Board shall determine the form and content of any borrower obligation, including the term and rate or rates of interest on any loan or lease.

(b) Notwithstanding subsection (a) of this section, loans and leases financed through the application of federal monies pursuant to 23 U.S.C. § 129 or section 350 of the NHS Act shall:

(1) bear interest at or below market rates or otherwise as may be specified therein;

(2) have a repayment term of not longer than 30 years;

(3) be subject to repayment commencing not later than five years after the facility financed with the proceeds of such loan has been completed or, in the case of a highway project, the facility has opened to traffic; and

(4) be made only after all federal environmental requirements applicable to the qualified project have been complied with and all federal environmental permits obtained.

(c) Notwithstanding any provisions of this subchapter to the contrary, the Secretary may waive any of the requirements contained in this section if such waiver would not cause the loan or the Program to violate the requirements of ISTEA or the NHS Act or any other applicable federal requirement.

(Added 1997, No. 43, § 1.)

§ 280n Program Fund; accounts

(a) A State Infrastructure Bank Program Fund is created as a special fund subject to the provisions of 32 V.S.A. chapter 7, subchapter 5. The Fund shall be administered by the Authority for the purposes of the Program, in accordance with the provisions of this subchapter.

(b) The State Infrastructure Bank Program Fund shall receive funds from the following sources:

(1) any amounts required under section 350 of the NHS Act or any other federal law or program to be deposited in the highway account and such funds shall not be commingled with any other amounts on deposit in the Program;

(2) any amounts required under section 350 of the NHS Act or any other federal law or program to be deposited in the transit account and such funds shall not be commingled with any other amounts on deposit in the Program;

(3) any other State or federal funds appropriated for the Program by the General Assembly, any repayments of principal and interest of Program loans, any private monies related to the administration and operation of the Program;

(4) any grants received for the benefit of the Program.

(c) Notwithstanding 32 V.S.A. § 588(4)(A), monies may be disbursed from the Fund for Program purposes without an annual appropriation.

(d) The liabilities or obligations of the Authority with regard to its activities under the Program shall not extend beyond the funds that are deposited in the State Infrastructure Bank Program Fund, and shall not constitute a debt or pledge of the faith and credit of the State or any subdivision of the State.

(e) Any monies held in the Program shall be used solely as provided in this subchapter, subject to the applicable federal requirements.

(f) Expenditures from the Program shall be made for the following purposes:

(1) for the payment of the principal, including sinking fund payments of and premium, if any, and interest on bonds of the Authority in connection with the Program, as described in section 280o of this title, issued for the purpose of financing or refinancing any cost of a qualified project;

(2) for providing financial assistance to qualified borrowers to finance qualified projects;

(3) for the maintenance of, or provision for, any reserves, additional security, insurance, or other form of credit enhancement required or provided for in any trust agreement entered into pursuant to section 280q of this title to secure such bonds; and

(4) administration costs of the Program or for any of the foregoing.

(Added 1997, No. 43, § 1.)

§ 280o Issuance of revenue bonds

(a) The Authority may issue bonds to finance or refinance any cost of a qualified project or provide other financial assistance, the proceeds of which are to be deposited in the Program, or used to refinance existing obligations (whether obligations of the Authority or another entity), used to fund the cost of a qualified project.

(b) Such bonds shall be special revenue bonds of the State payable solely from revenues, credited to the Program.

(c) Notwithstanding the provisions of any law to the contrary, such bonds shall not be general obligations of the State.

(d) Bonds may be issued provided that such issuance meets the requirements of section 244 and subsections 254(b), (c), (d), (f), and (g) of this title.

(e) Sections 250, 252, and subsections 253(b), (c), and (d) of this title shall also apply to bonds issued under this subchapter, except that any reference to industrial facilities therein shall also apply to eligible projects under this subchapter.

(f) Bonds may be secured by a trust agreement entered into by the Authority, which trust agreement may pledge or assign, in whole or in part, any loan agreements or governmental obligations, and all or any part of the monies credited to the Program, subject to applicable federal requirements, and any funds or accounts established under a trust agreement, any contract or other rights to receive the same, whether then existing or coming into existence and whether then held or thereafter acquired, and the proceeds thereof.

(Added 1997, No. 43, § 1.)

§ 280p Additional security agreements, insurance, and credit enhancements

The Authority is also authorized to enter into additional security, insurance, or other forms of credit enhancement that may be secured on a parity or subordinate basis with the bonds. A pledge in any such trust agreement or credit enhancement agreement shall be valid and binding from the time such pledge shall be made without any physical delivery or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise, irrespective of whether such parties have notice thereof. Any such pledge shall be perfected by filing of the trust agreement or credit enhancement agreement in the records of the Authority, and no filing need be made under any other provision of law. Any such trust agreement or credit enhancement agreement may establish provisions defining defaults and establishing remedies and other matters relating to the rights and security of the holders of the bonds or other secured parties as determined by the Authority, including provisions relating to the establishment of reserves, the issuance of additional or refunding bonds, whether or not secured on a parity basis, the application of receipts, monies, or funds pledged pursuant to such agreement, hereinafter referred to as “pledged funds,” and other matters deemed necessary or desirable by the Authority for the security of such bonds, and may also regulate the custody, investment, and application of monies.

(Added 1997, No. 43, § 1.)

§ 280q Loans to qualified borrowers to finance qualified projects

(a) Any qualified borrower may apply to the Program for a loan to assist in financing the cost of a qualified project. At the option of the Board, and subject to applicable federal requirements, a loan may be made as secured loans or as unsecured general obligations of a qualified borrower. Each loan shall be made pursuant to a loan agreement between the Program and the qualified borrower acting by and through the officer or officers, board, committee, or other body authorized by law, or otherwise its chief executive officer.

(b) A qualified borrower may receive, apply, pledge, assign, and grant security interests in project revenues, and, in the case of a governmental unit, its general revenues to secure its obligations under loan agreements and borrower obligations as provided in this subchapter and may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of any qualified project, the system of which it is a part and any other revenue producing facilities from which the qualified borrower derives project revenues to meet its obligations under any loan agreements or borrower obligation, or otherwise to provide for the construction, maintenance, and operation of a qualified project.

(c) For the purposes of entering into a loan and establishing the authorized terms and conditions thereof and for issuing any government obligations, a governmental unit shall be deemed to have the powers expressly granted to governmental units in this subchapter and the powers granted to the governmental unit in any bond act applicable to it specifically or as a member of a class of governmental instrumentalities. Liberal construction shall be given in support of the broadest interpretation of governmental unit powers derived from either this subchapter or any bonds act, provided that nothing in this subchapter shall be construed as affecting the manner of voting and other procedures of any governmental unit by the governing body thereof or any limitations on indebtedness of governmental units.

(Added 1997, No. 43, § 1.)

§ 280r Powers and privileges of government units

In order to provide for the collection and enforcement of fees, rates, rents, assessments, and other charges for the operation of any qualified project, the system of which it is a part and any other revenue producing facilities from which the governmental unit derives project revenues, in addition to any other authority provided by law or any applicable bond act, governmental units are hereby granted all the powers and privileges granted to them by law with respect to any similar fee, rate, rent, assessment, or other charge. Any governmental unit may enter into agreements with the Agency:

(1) regarding the operation of a pricing system for the services producing facilities from which the governmental unit derives project revenues. Such agreements may include provisions defining the costs of such services, the qualified project and such local system and other facilities, and covenants or agreements regarding the fixing and collection of fees, rates, rents, assessments, and other charges for such costs and the maintenance of such pricing system at levels sufficient to pay or provide for all such costs and any payments due the department under any loan agreement or governmental obligations;

(2) regarding the operation of an enterprise fund established for any qualified project, and the system of which it is a part and any other revenue producing facilities from which the governmental unit derives project revenues. Such agreements may include fiscal and accounting controls and procedures, provisions regarding the custody, safeguarding, and investment of project revenues and other amounts credited thereto, the establishment of reserves and other accounts and funds and the application of any surplus funds.

(Added 1997, No. 43, § 1.)

§ 280s Borrower obligations

(a) Subject to the provisions of this subchapter, governmental obligations issued by a governmental unit shall conform to the requirements of subchapter 4 of this chapter.

(b) Notwithstanding any law to the contrary, if a governmental unit has authorized a loan in accordance with this subchapter and the issuance of governmental obligations under any bond act, the governmental unit may, subject to the loan agreement and the approval of the Board, issue notes to the Authority or any other person in anticipation of the receipt of the proceeds of the loan. The issue of such notes shall be governed by the provisions of this subchapter relating to the issue of governmental obligations other than notes, to the extent applicable, provided the maturity date of such notes shall not exceed three years from the date of issue of such notes or the expected date of completion of the project financed thereby, as determined by the Board, if later. Notes issued for less than the maximum maturity date may be renewed by the issue of other notes maturing no later than the maximum maturity date.

(c) A governmental unit may issue governmental obligations to refund or pay at maturity or earlier redemption any governmental obligations outstanding under any loan agreement or to refund or pay any other debt of the governmental unit issued to finance the qualified project to which such loan agreement pertains. Governmental obligations for refunding may be issued in sufficient amounts to pay or provide for the principal of the obligations refunded, any redemption premium thereon, any interest accrued and to accrue to the date of payment of such obligations, the costs of issuance of such refunding obligations and any reserves required by the applicable loan agreement. An issue of refunding governmental obligations, the amount and dates of maturity or maturities and other details thereof, the security thereof and the rights, duties, and obligations of the governmental unit with respect thereto shall be governed by the provisions of this subchapter relating to the issue of governmental obligations other than refunding obligations as the same may be applicable.

(d) Except as otherwise provided in this subchapter, the applicable bond act, or by agreement between the Board and a governmental unit, all governmental obligations shall be general obligations of the governmental unit issuing the same for which its full faith and credit are pledged and for the payment of which all taxable property in the governmental unit shall be subject to ad valorem taxation without limitation as to rate or amount except as otherwise provided by law.

(Added 1997, No. 43, § 1.)

§ 280t Security agreements securing borrower obligations; pledges of general revenues or project revenues

(a) Governmental obligations may be secured by one or more security agreements between the governmental unit and a corporate trustee, which may be a trust company or bank having the powers of a trust company within or without the State, or directly between the Board and the governmental unit. A borrower obligation, other than governmental obligations, may be secured by one or more security agreements between the Board and the qualified borrower. Any security agreements entered into pursuant to this section shall be in such form and shall be executed as provided in the applicable loan agreement or as otherwise agreed to between the Board and the qualified borrower.

(b) Any security agreement directly or indirectly securing governmental obligations, other than governmental obligations issued in accordance with this subchapter, may pledge or assign, and create security interests in, all or any part of the general revenues of the governmental unit. Any security agreement securing borrower obligations issued in accordance with this section may pledge or assign, and create security interests in, all or any part of the project revenues of the qualified borrower, but, in the case of a governmental unit, shall not otherwise pledge or assign any other general revenues of the governmental unit unless otherwise authorized by the applicable bond act. Any security agreement may contain such provisions for protecting and enforcing the rights, security, and remedies of the Board, or the holders of the borrower obligations, as may be determined by the Board and the qualified borrower, including provisions defining defaults and providing for remedies, including the acceleration of maturities, and:

(1) in the case of borrower obligations issued under this section, the appointment of a receiver of the project financed thereby and the system of which it is a part; and

(2) in the case of public entities, the use of a State aid intercept mechanism; and covenants setting forth the duties of, and limitations on, the qualified borrower in relation to the custody, safeguarding, investment, and application of monies, including general revenues and project revenues, the issue of additional and refunding borrower obligations and other bonds, notes, or obligations on a parity or superior thereto, the establishment of reserves, the establishment of sinking funds for the payment of borrower obligations, and the use of surplus proceeds. A security agreement securing borrower obligations issued in accordance with this section also may include covenants and provisions not in violation of law regarding the acquisition, construction, operation, and carrying out of the qualified project financed by such obligations, the system of which it is a part and any other revenue producing facilities from which the qualified borrower may pledge or assign any of its project revenues as appropriate, as security for payments made thereon.

(c) Any pledge of general revenues or project revenues made by a qualified borrower shall be valid and binding and shall be deemed continuously perfected for the purposes of the State commercial code, Title 9 and Title 9A, and any other law from the time made. The general revenues, project revenues, monies, rights, and proceeds so pledged and then held or thereafter acquired or received by the qualified borrower shall immediately be subject to the lien of such pledge without any physical delivery or segregation thereof or further act, and the lien of such pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise, regardless of whether such parties have notice thereof. Neither the security agreement or any other agreement by which a pledge is created need be filed or recorded except in the records of the governmental unit and no filing need be made under the provisions of the State commercial code.

(d) In the case of a governmental unit, a pledge of general revenues or project revenues in accordance with this subchapter shall constitute a sufficient appropriation thereof for the purposes of any provisions for appropriation for so long as such pledge shall be in effect and, notwithstanding any law to the contrary, such revenues shall be applied as required by the pledge and the security agreement evidencing the same without further appropriation.

(Added 1997, No. 43, § 1.)

§ 280u Guarantees; other credit enhancement

(a) The Board may provide guarantees secured solely by, or purchase of insurance or other enhancements through, amounts on deposit in the program, to qualified borrowers in accordance with the provisions of this section.

(b) All of the assets and obligations directly covered by guarantees or other forms of credit enhancement shall be assets or obligations of governmental units or private entities that are, without guarantee or enhancement, listed by a nationally recognized statistical rating organization at a rating not below the third highest rating of such organization.

(c) The assets and obligations that may be directly covered by guarantees issued by the Board are:

(1) bonds, debentures, notes, evidence of debt, loans, and interest therein, of qualified borrowers, the proceeds of which are to be used for a qualified project; and

(2) leases of personal, real, or mixed property to be used for a qualified project.

(d) The Program may charge and collect premiums or other fees for the guarantees or other credit enhancement provided pursuant to this subchapter, including fees for services performed in connection with the approval and processing of the guarantees or the credit enhancement provided pursuant to this subchapter.

(Added 1997, No. 43, § 1.)

§ 280v Termination of the Program; remaining assets and liabilities

The Program shall continue until terminated by law; provided, however, that no such law shall take effect so long as there shall be outstanding bonds secured by the fund unless adequate provision has been made for the payment or satisfaction thereof. Upon termination of the Program, assets that remain after provision for the payment or satisfaction of all bonds issued pursuant to this subchapter shall vest in the State, in the Transportation Fund and General Fund in equal proportion to the percentages of funds initially invested in the bank. For the purpose of this section only, federal transportation funds invested in the bank shall be considered State transportation funds.

(Added 1997, No. 43, § 1.)

§ 280w Records of receipts, expenditures, and disbursements

The Authority, in cooperation with the Agency, shall at all times keep full and accurate accounts of all receipts, expenditures, and disbursements from the Program and all assets and liabilities of the Program incurred pursuant to this subchapter that shall be open to inspection by any officer or duly appointed agent of the State.

(Added 1997, No. 43, § 1.)

§ 280x Obligations; credit of the State not pledged

Obligations issued under the provisions of this subchapter shall not be deemed to constitute a debt or liability of the State. Each obligation issued under this subchapter shall contain on the face thereof a statement to the effect that the Authority shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor, and that neither the faith and credit nor the taxing power of the State is pledged to the payment of the principal of or the interest on such obligations.

(Added 1997, No. 43, § 1.)

§ 280y Public records

The Authority shall establish policies and procedures to ensure that information relating to the cost of any qualified project is considered a public record, and subject to the provisions of 1 V.S.A. chapter 5, subchapter 2.

(Added 1997, No. 43, § 1.)

Subchapter 12 Vermont Entrepreneurial Lending Program

§ 280aa Findings and purpose

(a)(1) Vermont-based businesses in seed, start-up, and growth stages are a vital source of innovation, employment, and economic growth in Vermont. The continued development and success of these businesses is dependent upon the availability of flexible, risk-based capital.

(2) Because the primary assets of Vermont-based businesses in seed, start-up, and growth stages often consist almost entirely of intellectual property or insufficient tangible assets to support conventional lending, these companies frequently may not have access to conventional means of raising capital, such as asset-based bank financing.

(b) To support the growth of Vermont-based businesses in seed, start-up, and growth stages and the resultant creation of higher-wage employment in Vermont, the General Assembly hereby creates in this subchapter the Vermont Entrepreneurial Lending Program.

(Added 2009, No. 54, § 28, eff. June 1, 2009; amended 2013, No. 179 (Adj. Sess.), § F.100; 2013, No. 199 (Adj. Sess.), § 4.)

§ 280bb Vermont Entrepreneurial Lending Program

(a) There is created the Vermont Entrepreneurial Lending Program to be administered by the Vermont Economic Development Authority. The Program shall seek to meet the working capital and capital-asset financing needs of Vermont-based businesses in seed, start-up, and growth stages. The Program shall specifically seek to fulfill capital requirement needs that are unmet in Vermont, including:

(1) loans to manufacturing businesses and software developers with innovative products that typically reflect long-term, organic growth;

(2) loans up to $1,000,000.00 in growth-stage companies that do not meet the underwriting criteria of other public and private entrepreneurial financing sources;

(3) loans to businesses that are unable to access adequate capital resources because the primary assets of these businesses are typically intellectual property or similar nontangible assets; and

(4) loans to advanced manufacturers and other Vermont businesses for product development and intellectual property design.

(b) The Authority shall adopt regulations, policies, and procedures for the Program as are necessary to increase the amount of investment funds available to Vermont businesses whose capital requirements are not being met by conventional lending sources.

(c) When considering entrepreneurial lending through the Program, the Authority shall give additional consideration and weight to an application of a business whose business model and practices will have a demonstrable effect in achieving other public policy goals of the State, including:

(1) The business will create jobs in strategic sectors such as the knowledge-based economy, renewable energy, advanced manufacturing, wood products manufacturing, and value-added agricultural processing.

(2) The business is located in a designated downtown, village center, growth center, industrial park, or other significant geographic location recognized by the State.

(3) The business adopts energy and thermal efficiency practices in its operations or otherwise operates in a way that reflects a commitment to green energy principles.

(4) The business will create jobs that pay a livable wage and significant benefits to Vermont employees.

(5) The business will create environmental benefits or will manufacture environmentally responsible products.

(d) The Authority shall include provisions in the terms of a loan made under the Program to ensure that a loan recipient shall maintain operations within the State for a minimum of five years from the date on which the recipient receives the loan funds from the Authority or shall otherwise be required to repay the outstanding funds in full.

(Added 2009, No. 54, § 28, eff. June 1, 2009; amended 2013, No. 179 (Adj. Sess.), § F.100; 2013, No. 199 (Adj. Sess.), § 4; 2015, No. 51, § E.1, eff. June 3, 2015.)

Subchapter 13 Vermont Sustainable Energy Loan Fund

§ 280cc Creation; purpose; definitions

(a) There is established within the Authority the Vermont Sustainable Energy Loan Fund, referred to in this subchapter as “the Fund,” the purpose of which shall be to enable the Authority to make loans and provide other forms of financing for projects that stimulate and encourage development and deployment of sustainable energy projects in the State of Vermont.

(b) In this subchapter:

(1) “Renewable energy” shall have the same meaning as in 30 V.S.A. § 8002(17).

(2) “Sustainable energy” means energy efficiency, renewable energy, and technologies that enhance or support the development and implementation of renewable energy or energy efficiency, or both.

(Added 2013, No. 87, § 1, eff. June 17, 2013.)

§ 280dd Loan programs administered within the Fund

(a) The Fund shall consist of:

(1) Existing sustainable energy loans made by the Authority, the Vermont Small Business Development Corporation, and the Vermont Agricultural Credit Corporation.

(2) Sustainable energy loans originated under the following programs:

(A) The Small Business Energy Efficiency Loan Program, under which the Authority provides loans for qualifying commercial energy efficiency improvements.

(B) The Renewable Energy Loan Program, which the Authority may create to provide loans for qualifying renewable energy projects.

(C) The Agricultural Energy Loan Program, which the Authority may create to provide loans for qualifying agriculture- and forest product-based sustainable energy projects.

(D) The Energy Efficiency Loan Guarantee Program, which the Authority may create to provide loan guarantees to participating lending institutions that enroll loans for sustainable energy projects in the Program.

(3) Programs created by the Authority pursuant to subsection (c) of this section.

(b) The Fund shall be administered by the Authority and shall not be subject to 32 V.S.A. chapter 7, subchapter 5.

(c) The Authority may establish:

(1) New financing programs that the Authority determines are necessary to encourage and promote sustainable energy projects and reduce reliance upon fossil fuel sources.

(2) Policies and procedures for programs within the Fund that the Authority determines are necessary to carry out the purposes of this subchapter.

(d) For all sustainable energy loans, the Authority shall maintain records on the projected reductions in greenhouse gas emissions and, for energy efficiency loans, the projected energy savings from the financed improvements and shall provide data on the projected greenhouse gas emissions reductions and projected energy savings to the Department of Public Service, the Public Utility Commission, and the Agency of Natural Resources on request. The methods used for calculating and reporting this data shall be the same methods used in programs delivered under 30 V.S.A. § 209(d) and (e). The data provided shall be used for the purpose of tracking progress toward the greenhouse gas reduction goals of section 578 of this title and the building efficiency goals of section 581 of this title.

(Added 2013, No. 87, § 1, eff. June 17, 2013.)

Subchapter 14 Broadband Expansion Loan Program

§ 280ee Broadband Expansion Loan Program

(a) Creation. There is established within the Authority the Vermont Broadband Expansion Loan Program, the purpose of which is to enable the Authority to make loans that expand broadband service to unserved and underserved Vermonters as part of a plan to achieve universal broadband coverage in a municipality or communications union district.

(b) Intent. It is understood that loans under the Program may be high-risk loans to likely start-up businesses and therefore losses in the Program may be higher than the Authority’s historical loss rate. Loans shall be underwritten by the Authority utilizing underwriting parameters that acknowledge the higher risk nature of these loans. The Authority shall not make a loan unless the Authority has a reasonable expectation of the long-term viability of the business. The Program is intended to provide start-up loans until such time as the borrower can refinance the loans through, for example, the municipal revenue bond market.

(c) Requirements.

(1) The Authority shall make loans for start-up and expansion of broadband projects in unserved and underserved locations as part of a plan to achieve universal broadband coverage in a municipality or communications union district.

(2) The Authority shall establish policies and procedures for the Program necessary to ensure the expansion of broadband availability to the largest number of Vermont addresses as possible. The policies shall specify that:

(A) loans may be made in an amount of up to $4,000,000.00;

(B) eligible borrowers are:

(i) communications union districts;

(ii) internet service providers working in conjunction with a communications union district to expand broadband service to unserved and underserved locations as part of a plan to achieve universal broadband coverage in the district; and

(iii) internet service providers working in conjunction with a municipality that was not part of a communications union district prior to June 1, 2021 to expand broadband service to unserved and underserved locations as part of a plan to achieve universal broadband coverage in such municipality;

(C) interest and principal may be deferred up to three years;

(D) a maximum of $10,800,000.00 in Authority loans may be outstanding under the Program commencing on June 20, 2019;

(E) the provider shall offer to all customers broadband service that is capable of speeds of at least 100 Mbps symmetrical; and

(F) not more than one-sixth of the total allowable loans under this Program shall be available to eligible borrowers under subdivision (2)(B)(iii) of this subsection (c).

(3) To ensure the limited funding available through the Program supports the highest-quality broadband available to the most Vermonters and prioritizes delivering services to the unserved and underserved, the Authority shall consult with the Department of Public Service and the Vermont Community Broadband Board.

(d) On or before January 1, 2020, and annually thereafter, the Authority shall submit a report of its activities pursuant to this section to the Senate Committee on Finance and the House Committees on Commerce and Economic Development and on Energy and Digital Infrastructure. Each report shall include operating and financial statements for the two most recently concluded State fiscal years. In addition, each report shall include information on the Program portfolio, including the number of projects financed; the amount, terms, and repayment status of each loan; and a description of the broadband projects financed in whole or in part by the Program.

(Added 2019, No. 79, § 15, eff. June 20, 2019; amended 2021, No. 20, § 45; 2021, No. 71, § 9, eff. June 8, 2021.)

§ 280ff Funding

(a) The State Treasurer, in consultation with the Secretary of Administration, shall negotiate an agreement with the Authority incorporating the provisions of this section and consistent with the requirements of this subchapter.

(b) State appropriations to the Authority are based on the Authority’s contributions to loan loss reserves for the Program in accordance with generally accepted accounting principles. Any difference between the actual loan losses incurred by the Authority in a fiscal year shall be adjusted in the following year’s appropriation.

(1) This is a revolving loan program.

(2) The accumulated total of the appropriation shall not exceed $8,500,000.00 over the life of the Program.

(3) The Authority shall absorb its historical loan loss reserve rate before any State funds are expended.

(4) Additionally, the Authority shall absorb up to $3,000,000.00 in Program losses shared with the State on a pro rata basis.

(Added 2019, No. 79, § 15, eff. June 20, 2019; amended 2021, No. 71, § 10, eff. June 8, 2021.)

Subchapter 15 Disaster Recovery Loan Fund

§ 280gg Disaster Recovery Loan Fund

(a)(1) There is established within the Authority the Vermont Disaster Recovery Loan Fund, referred to in this subchapter as “the Fund,” the purpose of which is to enable the Authority to provide loans and other forms of financial assistance to businesses, including agricultural and forest product enterprises, after disasters.

(2) The Authority shall consult with the Secretary of Commerce and Community Development; the Secretary of Agriculture, Food and Markets; and the Commissioner of Forests, Parks and Recreation in determining whether funds shall be made available following a nondeclared disaster event impacting areas of the State. A consultation shall not be required in the event of a disaster declaration declared by the Governor or the President of the United States.

(b) The Authority shall establish:

(1) policies and procedures for the Fund that the Authority determines are necessary to carry out the purposes of this subchapter; and

(2) financing programs necessary to ensure timely delivery of financial assistance after a disaster.

(c) The Authority shall limit the interest rates charged for loans provided utilizing funds from the Disaster Recovery Loan Fund to rates necessary to cover the costs of administering the Fund.

(d) This is a revolving loan program and any excess of revenues over expenses derived from this program shall be deposited in the Fund.

(e) In determining whether to issue financial assistance from the Vermont Disaster Recovery Loan Fund established by this subchapter 15, the Authority shall consider whether a business has received disaster recovery financial assistance from the State for the same disaster event.

(Added 2025, No. 26, § 1, eff. July 1, 2025.)

Chapter 13 Vermont Industrial Building Authority

§§ 251-265 Repealed

[Repealed]

1973, No. 197 (Adj. Sess.), § 4.

Chapter 14 The Vermont Venture Capital Fund

§§ 281-285 Repealed

[Repealed]

2003, No. 164 (Adj. Sess.), § 7.

Chapter 14A The Entrepreneurs' Seed Capital Fund

§ 290 Definitions

For purposes of this chapter:

(1) “Follow-on investment” means any investment in a Vermont firm following the initial investment.

(2) “Fund manager” means the investment management firm responsible for creating the fund, securing capital commitments, and implementing the fund’s investment strategy, consistent with the requirements of this section. The fund manager shall be paid a fee that reflects a percentage of the fund’s capital under management and a performance-fee share based on the fund’s economic performance, as determined by the Authority.

(3) “Seed capital” means first, nonfamily, nonfounder investment in the form of equity or convertible securities issued by a firm that had, in the 12 months preceding the date of the funding commitment, annual gross sales of less than $3,000,000.00.

(Added 2009, No. 54, § 25, eff. June 1, 2009.)

§ 291 Entrepreneurs’ Seed Capital Fund; authorization; limitations

(a) The Vermont Economic Development Authority shall cause to be formed a private investment equity fund to be named “the Entrepreneurs’ Seed Capital Fund” or “the Fund” for the purpose of increasing the amount of investment capital provided to new Vermont firms or to existing Vermont firms for the purpose of expansion. The Authority may contract with one or more persons for the operation of the Fund as Fund manager. Such contract shall contain the terms and conditions pursuant to which the Fund shall be managed to meet the Fund’s objective of providing seed capital to Vermont firms. The terms of the contract shall require that, if the Fund manager does not meet the investment criteria specified in the contract, the Fund manager may not be awarded the performance fee.

(b) The Fund shall be formed as a limited partnership pursuant to Title 11 and shall be subject to all the following:

(1) The Fund shall not invest in any firm in which any interest in that firm is held by an investor of the Fund or by the spouse, children, or other relative of the investor.

(2) The Fund shall invest at least 40 percent of its total capital in initial investment in firms that had in the 12 months preceding the date of the funding commitment annual gross sales of less than $1,000,000.00 and may reserve the remainder of its capital for follow-on investments in these businesses, as appropriate.

(3)(A) Before the Fund makes any investments, the Fund shall have and maintain a board of five advisors who shall be appointed as follows: two shall be appointed by the Authority, two shall be appointed by the Fund manager, and one shall be appointed jointly by the Authority and the Fund manager.

(B) The appointing authorities shall coordinate their appointments to ensure that the Board comprises advisors with diverse professional and personal backgrounds and experiences.

(C) The Board of Advisors shall represent solely the economic interest of the State with respect to the management of the Fund and shall have no civil liability for the financial performance of the Fund.

(D) The Board of Advisors shall be advised of investments made by the Fund and shall have access to all information held by the Fund with respect to investments made by the Fund.

(4) The Fund, within 120 days after the close of each fiscal year of its operations, shall issue a report that includes an audited financial statement certified by an independent certified public accountant. The report also shall include a compilation of the firm data required by subsection (d) of this section. These data shall be reported in a manner that does not disclose competitive or proprietary information, as determined by the Authority. This report shall be distributed to the Governor and the Senate Committee on Economic Development, Housing and General Affairs and the House Committee on Commerce and Economic Development and made available to the public. The report shall include a discussion of the Fund’s impact on the Vermont economy and employment.

(5) The Fund shall not make distributions of more than 75 percent of its net profit to its investors during its first five years of operation.

(6) No person shall be allocated more than 20 percent of the available tax credits. For the purposes of determining allocation, the attribution rules of Section 318 of the Internal Revenue Code in effect as of June 12, 2004 shall apply.

(7) The capitalization of the Fund is not limited under this section; however, only the first $7,150,000.00 raised from Vermont taxpayers on or before January 1, 2020, shall be eligible for partial tax credits as specified in 32 V.S.A. § 5830b.

(8) All investments and related business dealings using funds that qualify for partial tax credits under 32 V.S.A. § 5830b shall be subject to the following restrictions:

(A) The investments shall be restricted to Vermont firms, which for the purposes of this chapter means that their Vermont apportionment equals or exceeds 50 percent, using the apportionment rules under 32 V.S.A. § 5833, and they maintain headquarters and a principal facility in Vermont. Any funds invested in Vermont firms shall be used for the purpose of enhancing their Vermont operations. Investment shall be restricted to firms that export the majority of their products and services outside the State or add substantial value to products and materials within the State. In its investments, the Fund shall give priority to new firms and existing firms that are developing new products, and shall take into consideration any impact on in-state competition and also whether the investment will encourage economic activity that would not occur but for the Fund investment.

(B) Each Fund investment in any one firm, in any 12-month period shall be limited to a maximum of ten percent of the Fund’s capitalization and, for the life of the Fund, to a maximum of 20 percent of the Fund’s total capitalization.

(C) At least two-thirds of the monies invested by the Fund and qualifying for a tax credit under 32 V.S.A. § 5830b shall at all times be invested in the form of equity or convertible securities unless the Fund manager determines it is reasonable and necessary to pursue temporarily the generally accepted business practice of earning interest on working funds deposited in relatively secure accounts such as savings and money market funds.

(c) Any firm receiving monies from the Fund must report to the Fund manager the following information regarding its activities in the State over the calendar year in which the investment occurred:

(1) The total amount of private investment received.

(2) The total number of persons employed as of December 31.

(3) The total number of jobs created and retained, which also shall indicate for each job the corresponding job classification, hourly wage and benefits, and whether it is part-time or full-time.

(4) Total annual payroll.

(5) Total sales revenue.

(d) The Authority, in consultation with the Fund manager, shall establish reasonable standards and procedures for evaluating potential recipients of Fund monies. The Authority shall make available to the general public a report of all firms that receive Fund investments and also indicate the date of the investment, the amount of the investment, and a description of the firm’s intended use of the investment. This report shall be updated at least quarterly.

(e) Information and materials submitted by a business receiving monies from the Fund shall be available to the Auditor of Accounts in connection with the performance of duties under 32 V.S.A. § 163; provided, however, that the Auditor of Accounts shall not disclose, directly or indirectly, to any person any proprietary business information.

(Added 2003, No. 164 (Adj. Sess.), § 6, eff. June 12, 2004; amended 2005, No. 184 (Adj. Sess.), § 17a; 2009, No. 54, § 25, eff. June 1, 2009; 2021, No. 74, § H.16.)

§ 292 Repealed

[Repealed]

2009, No. 54, § 26, eff. June 1, 2009.

§ 293 Repealed

[Repealed]

2005, No. 184 (Adj. Sess.), § 17c.

Chapter 15 Vermont Housing and Conservation Trust Fund

Subchapter 1 General Provisions

§ 301 Short title

This chapter may be cited as the “Vermont Housing and Conservation Trust Fund Act.”

(Added 1987, No. 88, § 1, eff. June 11, 1987.)

§ 302 Policy, findings, and purpose

(a) The dual goals of creating affordable housing for Vermonters, and conserving and protecting Vermont’s agricultural land, forestland, historic properties, important natural areas, and recreational lands are of primary importance to the economic vitality and quality of life of the State.

(b) In the best interests of all of its citizens and in order to improve the quality of life for Vermonters and to maintain for the benefit of future generations the essential characteristics of the Vermont countryside, and to support farm, forest, and related enterprises, Vermont should encourage and assist in creating affordable housing and in preserving the State’s agricultural land, forestland, historic properties, important natural areas and recreational lands, and in keeping conserved agricultural land in production and affordable for future generations of farmers.

(c) It is the purpose of this chapter to create the Vermont Housing and Conservation Trust Fund to be administered by the Vermont Housing and Conservation Board to further the policies established by subsections (a) and (b) of this section.

(Added 1987, No. 88, § 1, eff. June 11, 1987; amended 2011, No. 118 (Adj. Sess.), § 1; 2011, No. 142 (Adj. Sess.), § 3, eff. May 15, 2012.)

§ 303 Definitions

As used in this chapter:

(1) “Board” means the Vermont Housing and Conservation Board established by this chapter.

(2) “Fund” means the Vermont Housing and Conservation Trust Fund established by this chapter.

(3) “Eligible activity” means any activity which will carry out either or both of the dual purposes of creating affordable housing and conserving and protecting important Vermont lands, including activities which will encourage or assist:

(A) the preservation, rehabilitation, or development of residential dwelling units that are affordable to:

(i) lower income Vermonters; or

(ii) for owner-occupied housing, Vermonters whose income is less than or equal to 120 percent of the median income based on statistics from State or federal sources;

(B) the retention of agricultural land for agricultural use, and of forestland for forestry use;

(C) the protection of important wildlife habitat and important natural areas;

(D) the preservation of historic properties or resources;

(E) the protection of areas suited for outdoor public recreational activity;

(F) the protection of lands for multiple conservation purposes, including the protection of surface waters and associated natural resources;

(G) the development of capacity on the part of an eligible applicant to engage in an eligible activity.

(4) “Eligible applicant” means any:

(A) municipality;

(B) State agency as defined in section 6301a of this title;

(C) nonprofit organization qualifying under Section 501(c)(3) of the Internal Revenue Code; or

(D) cooperative housing organization, the purpose of which is the creation or retention of affordable housing for lower income Vermonters and the bylaws of which require that such housing be maintained as affordable housing for lower income Vermonters on a perpetual basis.

(5) “Lower income” means less than or equal to the median income based on statistics from State or federal sources.

(6) “Important natural area” means any area containing one or more endangered species as defined in chapter 123 of this title or any area essential to maintaining the ecological diversity or natural heritage of the State.

(7) “Historic property or resource” means any building, structure, object, district, area, or site that is significant in the history, architecture, archeology, or culture of this State, its communities, or the nation.

(Added 1987, No. 88, § 1, eff. June 11, 1987; amended 2011, No. 138 (Adj. Sess.), § 29; 2011, No. 142 (Adj. Sess.), § 3, eff. May 15, 2012; 2015, No. 157 (Adj. Sess.), § T.3.)

§§ 304-310 Repealed

[Repealed]

1973, No. 197 (Adj. Sess.), § 4.

Subchapter 2 Establishment and Organization

§ 311 Establishment and Organization

(a) There is created and established a body politic and corporate to be known as the “Vermont Housing and Conservation Board” to carry out the provisions of this chapter. The Board is constituted a public instrumentality exercising public and essential governmental functions, and the exercise by the Board of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function of the State. The Board is exempt from licensure under 8 V.S.A. chapter 73.

(b) The Board shall consist of the following 11 members:

(1) The Secretary of Agriculture, Food and Markets or designee.

(2) The Secretary of Human Services or designee.

(3) The Secretary of Natural Resources or designee.

(4) The Executive Director of the Vermont Housing Finance Agency or designee.

(5) Three public members appointed by the Governor with the advice and consent of the Senate, who shall be residents of the State and who shall be experienced in creating affordable housing or conserving and protecting Vermont’s agricultural land and forestland, historic properties, important natural areas, or recreational lands, one of whom shall be a representative of lower income Vermonters and one of whom shall be a farmer as defined in 32 V.S.A. § 3752(7).

(6) One public member appointed by the Speaker of the House, who shall not be a member of the General Assembly at the time of appointment.

(7) One public member appointed by the Senate Committee on Committees, who shall not be a member of the General Assembly at the time of appointment.

(8) Two public members appointed jointly by the Speaker of the House and the President Pro Tempore of the Senate as follows:

(A) One member from the nonprofit affordable housing organizations that qualify as eligible applicants under subdivision 303(4) of this title who shall not be an employee or board member of any of those organizations at the time of appointment.

(B) One member from the nonprofit conservation organizations whose activities are eligible under subdivision 303(3) of this title who shall not be an employee or member of the board of any of those organizations at the time of appointment.

(c) The public members shall serve terms of three years beginning February 1 of the year of appointment. However, two of the public members first appointed by the Governor shall serve initial terms of one year; and the public members first appointed by the Speaker and Committee on Committees shall serve initial terms of two years. A vacancy occurring among the public members shall be filled by the respective appointing authority for the balance of the unexpired term. A member may be reappointed.

(d) Annually, the Board shall elect from among its public members a chair and vice chair. The Board may elect officers as it may determine. Meetings shall be held at the call of the Chair or at the request of three members. A majority of the sitting members shall constitute a quorum and action taken by the Board under the provisions of this chapter may be authorized by a majority of the members present and voting at any regular or special meeting.

(e) Members other than ex officio members shall be entitled to per diem authorized under 32 V.S.A. § 1010 for each day spent in the performance of their duties and each member shall be reimbursed from the Fund for his or her reasonable expenses incurred in carrying out his or her duties under this chapter.

(f) The Board shall employ the Executive Director to administer, manage and direct the affairs and business of the Board, subject to the policies, control, and direction of the members. The Board may employ technical experts and other officers, agents, and employees as are necessary to effect the purposes of this chapter, and may fix their qualifications, duties, and compensation. The Board shall use the Office of the Attorney General for legal services.

(Added 1987, No. 88, § 1, eff. June 11, 1987; amended 1987, No. 203 (Adj. Sess.), § 18, eff. May 27, 1988; 1995, No. 190 (Adj. Sess.), § 1(b); 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 1 (Sp. Sess.), § E.813; 2009, No. 156 (Adj. Sess.), §§ E.810.1, E.810.2; 2011, No. 142 (Adj. Sess.), § 3, eff. May 15, 2012.)

§ 312 Creation of Vermont Housing and Conservation Trust Fund

There is created a special fund in the State Treasury to be known as the “Vermont Housing and Conservation Trust Fund.” The Fund shall be administered by the Board and expenditures therefrom shall only be made to implement and effectuate the policies and purposes of this chapter. The Fund shall be comprised of 50 percent of the revenue from the property transfer tax under 32 V.S.A. chapter 231 and any monies from time to time appropriated to the Fund by the General Assembly or received from any other source, private or public, approved by the Board. Unexpended balances and any earnings shall remain in the Fund for use in accord with the purposes of this chapter.

(Added 1987, No. 88, § 1, eff. June 11, 1987; amended 1997, No. 156 (Adj. Sess.), § 40; 1999, No. 49, § 79.)

§ 313 Expenditure of bond proceeds

Any proceeds of State bonds issued in support of activities under this chapter shall be used exclusively for the funding of long-term, tangible capital investments and those capital expenses allowed under federal laws governing the use of State bond proceeds as determined with the guidance of the State of Vermont’s bond counsel. No bond proceeds shall be used to fund the operational expenses of the Board. For purposes of this section, “operational expenses” shall include costs related to persons directly employed or under contract to provide administrative, clerical, financial, lobbying, policy analysis, or research services.

(Added 1991, No. 256 (Adj. Sess.), § 21a, eff. June 9, 1992.)

§ 314 Affordable housing bond; investment

[Section 314 repealed on July 1, 2039.]

The Vermont Housing and Conservation Board shall use the proceeds of bonds, notes, and other obligations issued by the Vermont Housing Finance Agency pursuant to subdivision 621(22) of this title and transferred to the Vermont Housing and Conservation Trust Fund to fund the creation and improvement of owner-occupied and rental housing for Vermonters with very low to middle income, in areas targeted for growth and reinvestment, as follows:

(1) not less than 25 percent of the housing shall be targeted to Vermonters with very low income, meaning households with income below 50 percent of area median income;

(2) not less than 25 percent of the housing shall be targeted to Vermonters with moderate income, meaning households with income between 80 and 120 percent of area median income; and

(3) the remaining housing shall be targeted to Vermonters with income that is less than or equal to 120 percent of area median income, consistent with the provisions of this chapter.

(Added 2017, No. 85, § I.2; amended 2017, No. 85, § I.11(a).)

Subchapter 3 Powers and Duties

§ 321 General powers and duties

(a) The Board shall have all the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including those general powers provided to a business corporation by Title 11A and those general powers provided to a nonprofit corporation by Title 11B and including, without limitation of the general powers under Titles 11A and 11B, the power to:

(1) upon application from an eligible applicant in a form prescribed by the Board, provide funding in the form of grants or loans for eligible activities;

(2) enter into cooperative agreements with private organizations or individuals or with any agency or instrumentality of the United States or of this State to carry out the purposes of this chapter;

(3) issue rules in accordance with 3 V.S.A. chapter 25 for the purpose of administering the provisions of this chapter;

(4) transfer funds to the Department of Housing and Community Development to carry out the purposes of this chapter;

(5) make and execute all legal documents necessary or convenient for the exercise of its powers and functions under this chapter, including legal documents that may be made and executed with the State or any of its agencies or instrumentalities, with the United States or any of its agencies or instrumentalities, or with private corporations or individuals;

(6) receive and accept grants from any source to be held, used, or applied or awarded to carry out the purposes of this chapter subject to the conditions upon which the grants, aid, or contributions may be made;

(7) make and publish rules and regulations respecting its housing programs and such other rules and regulations as are necessary to effectuate its corporate purposes; and

(8) do any and all things necessary or convenient to effectuate the purposes and provisions of this chapter and to carry out its purposes and exercise the powers given and granted in this chapter.

(b)(1) The Board shall seek out and fund nonprofit organizations and municipalities that can assist any region of the State that has high housing prices, high unemployment, or low per capita incomes in obtaining grants and loans under this chapter for perpetually affordable housing.

(2) The Board shall administer the “HOME” affordable housing program that was enacted under Title II of the Cranston-Gonzalez National Affordable Housing Act (Title II, P.L. 101-625, 42 U.S.C. 12701-12839). The State of Vermont, as a participating jurisdiction designated by Department of Housing and Urban Development, shall enter into a written memorandum of understanding with the Board, as subrecipient, authorizing the use of HOME funds for eligible activities in accordance with applicable federal law and regulations. HOME funds shall be used to implement and effectuate the policies and purposes of this chapter related to affordable housing. The memorandum of understanding shall include performance measures and results that the Board will annually report on to the Vermont Department of Housing and Community Development.

(c) On behalf of the State of Vermont, the Board shall be the exclusive designated entity to seek and administer federal affordable housing funds available from the Department of Housing and Urban Development under the national Housing Trust Fund that was enacted under HR 3221, Division A, Title 1, Subtitle B, Section 1131 of the Housing and Economic Reform Act of 2008 (P.L. 110-289) to increase perpetually affordable rental housing and home ownership for low and very low income families. The Board is also authorized to receive and administer federal funds or enter into cooperative agreements for a shared appreciation and/or community land trust demonstration program that increases perpetually affordable homeownership options for lower income Vermonters and promotes such options both within and outside Vermont.

(d) On behalf of the State of Vermont, the Board shall seek and administer federal farmland protection and forestland conservation funds to facilitate the acquisition of interests in land to protect and preserve in perpetuity important farmland for future agricultural use and forestland for future forestry use. Such funds shall be used to implement and effectuate the policies and purposes of this chapter. In seeking federal farmland protection and forestland conservation funds under this subsection, the Board shall seek to maximize State participation in the federal Wetlands Reserve Program and other programs as is appropriate to allow for increased or additional implementation of conservation practices on farmland and forestland protected or preserved under this chapter.

(e) The Board shall inform all grant applicants and recipients of funds derived from the annual capital appropriations and State bonding act of the following: “The Vermont Housing and Conservation Trust Fund is funded by the taxpayers of the State of Vermont, at the direction of the General Assembly, through the annual Capital Appropriation and State Bonding Act.” An appropriate placard shall, if feasible, be displayed at the location of the proposed grant activity.

(Added 1987, No. 88, § 1, eff. June 11, 1987; amended 1991, No. 93, § 16a, eff. June 26, 1991; 1995, No. 46, § 27; 1991, No. 62, § 54, eff. April 26, 1995; 2005, No. 71, § 219a; 2009, No. 1 (Sp. Sess.), § E.813.1; 2009, No. 110 (Adj. Sess.), § 12, eff. May 18, 2010; 2009, No. 156 (Adj. Sess.), § E.810, eff. June 3, 2010; 2011, No. 142 (Adj. Sess.), § 3, eff. May 15, 2012; 2015, No. 11, § 7; 2019, No. 129 (Adj. Sess.), § 28; 2019, No. 138 (Adj. Sess.), § 12, eff. July 2, 2020.)

§ 322 Allocation system

(a) In determining the allocation of funds available for the purposes of this chapter, the Board shall give priority to projects that combine the dual goals of creating affordable housing and conserving and protecting Vermont’s agricultural land, historic properties, important natural areas or recreation lands and also shall consider, but not be limited to, the following factors:

(1) the need to maintain balance between the dual goals in allocating resources;

(2) the need for a timely response to unpredictable circumstances or special opportunities to serve the purposes of this chapter;

(3) the level of funding or other participation by private or public sources in the activity being considered for funding by the Board;

(4) what resources will be required in the future to sustain the project;

(5) the need to pursue the goals of this chapter without displacing lower income Vermonters;

(6) the long-term effect of a proposed activity and, with respect to affordable housing, the likelihood that the activity will prevent the loss of subsidized housing units and will be of perpetual duration;

(7) geographic distribution of funds.

(b) The Board’s allocation system shall include a method, defined by rule, that evaluates the need for, impact, and quality of activities proposed by applicants.

(Added 1987, No. 88, § 1, eff. June 11, 1987; amended 1997, No. 156 (Adj. Sess.), § 45, eff. April 29, 1998.)

§ 323 Annual report

Prior to January 31 of each year, the Board shall submit a report concerning its activities to the Governor and to the House Committees on Agriculture and Forestry, on Appropriations, on Corrections and Institutions, on Energy and Technology, on Natural Resources, Fish, and Wildlife, and on Ways and Means and the Senate Committees on Agriculture, on Appropriations, on Finance, on Institutions, and on Natural Resources and Energy. The report shall include the following:

(1) a list and description of activities funded by the Board during the preceding year, including commitments made to fund projects through housing bond proceeds pursuant to section 314 of this title, and project descriptions, levels of affordability, and geographic location;

(2) a list of contributions received by the Board, whatever their form or nature, and the source thereof, unless anonymity is a condition of a particular contribution;

(3) a full financial report of the Board’s activities, including a special accounting of all activities from July 1 through December 31 of the year preceding the legislative session during which the report is submitted;

(4) if more than 70 percent of the funds allocated by the Board during the previous year were allocated to either one of the dual goals of this chapter, as established in subsection 302(a) of this title, the Board shall set forth its reasons for not allocating funds more equally between the two.

(Added 1987, No. 88, § 1, eff. June 11, 1987; amended 1991, No. 93, § 16, eff. June 26, 1991; 2017, No. 85, § I.3; 2017, No. 113 (Adj. Sess.), § 44.)

§ 324 Stewardship

If an activity funded by the Board involves acquisition by the State of an interest in real property for the purpose of conserving and protecting agricultural land or forestland, important natural areas, or recreation lands, the Board, in its discretion, may make a one-time grant to the appropriate State agency or municipality. The grant shall not exceed ten percent of the current appraised value of that property interest and shall be used to support its proper management or maintenance, or both.

(Added 1987, No. 88, § 1, eff. June 11, 1987; amended 2011, No. 142 (Adj. Sess.), § 3, eff. May 15, 2012.)

§ 325 Condemnation prohibited

The Board shall not have the authority or power to acquire property for the purposes of this chapter through condemnation or through the exercise of the power of eminent domain.

(Added 1987, No. 88, § 1, eff. June 11, 1987.)

§ 325a Conservation easement review appraisals

The Vermont Housing and Conservation Board shall ensure on a periodic basis that review appraisals are conducted of conservation easements proposed to be acquired pursuant to this chapter.

(Added 1995, No. 185 (Adj. Sess.), § 14a, eff. May 22, 1996.)

§ 325b State of Vermont executory interest in easements

(a) As used in this section:

(1) “Qualified organization” shall have the same meaning as in section 6301a of this title; and

(2) “State agency” shall have the same meaning as in section 6301a of this title.

(b) The Agency of Agriculture, Food and Markets may hold an executory interest in agricultural conservation easements acquired by the Board under chapter 155 of this title when the acquisition of an interest in the agricultural conservation easement was financed by monies expended, in whole or in part, from the Housing and Conservation Trust Fund.

(c) An agricultural conservation easement acquired by the Board under chapter 155 of this title with monies expended, in whole or in part, from the Fund shall be subject to a memorandum of understanding between the Board, the Agency of Agriculture, Food and Markets, and any other co-holder of the agricultural conservation easement regarding oversight, performance, and enforcement of the agricultural conservation easement.

(d) The Agency of Agriculture, Food and Markets may exercise its executory interest in an agricultural conservation easement interest acquired under chapter 155 of this title if:

(1) the Board ceases to exist and its interest in the agricultural conservation easement is not otherwise released and conveyed in accordance with law;

(2) the Board releases and conveys its agricultural conservation easement interests, in whole or in part, to a State agency, municipality, qualified holder, or qualified organization in accordance with the laws of the State of Vermont; or

(3) a significant violation of the terms and conditions of an agricultural conservation easement is not resolved in accordance with the memorandum of understanding required under subsection (c) of this section for the agricultural conservation easement.

(e) The Board annually shall monitor or cause to be monitored a conserved property subject to an agricultural conservation easement for compliance with the terms and conditions of the agricultural conservation easement. The Board shall report a significant violation of the terms and conditions of an agricultural conservation easement to the Secretary of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets may recommend to the Board or the Attorney General a course of action to be taken to address a violation of the terms and conditions of an agricultural conservation easement in accordance with the memorandum of understanding required under subsection (c) of this section.

(Added 2015, No. 172 (Adj. Sess.), § E.811.)

§ 325c Age-restricted housing; right of first refusal

(a) Definitions. As used in this section:

(1) “Age-restricted property” means a privately owned age-restricted residential property that is not licensed pursuant to 33 V.S.A. chapter 71 or 8 V.S.A. chapter 151.

(2) “Eligible buyer” means a nonprofit housing provider.

(b) Right of first refusal; assignment to eligible buyer.

(1) The Vermont Housing and Conservation Board shall have a right of first refusal for age-restricted properties as set out in this section. The Board may assign this right to an eligible buyer.

(2) For any offer made under this section, the Board or its assignee shall contractually commit to maintaining any affordability requirements in place for the age-restricted property at the time of sale.

(c) Content of notice. An owner of age-restricted property shall give to the Board notice by certified mail, return receipt requested, of the owner’s intention to sell the age-restricted property. The requirements of this section shall not be construed to restrict the price at which the owner offers the age-restricted housing for sale. The notice shall state all the following:

(1) that the owner intends to sell the age-restricted property;

(2) the price, terms, and conditions under which the owner offers the age-restricted property for sale;

(3) that for 60 days following the notice, the owner shall not make a final unconditional acceptance of an offer to purchase the age-restricted property and that if within the 60 days the owner receives notice pursuant to subsection (d) of this section that the Board or its assignee intends to consider purchase of the age-restricted property, the owner shall not make a final unconditional acceptance of an offer to purchase the age-restricted property for an additional 120 days, starting from the 61st day following notice, except one from the Board or its assignee.

(d) Intent to negotiate; timetable. The Board or its assignee shall have 60 days following notice under subsection (c) of this section in which to determine whether the buyer intends to consider purchase of the age-restricted property. During this 60-day period, the owner shall not accept a final unconditional offer to purchase the age-restricted property.

(e) Response to notice; required action. If the owner receives no notice from the Board or its assignee during the 60-day period or if the Board notifies the owner that neither it nor its designee intends to consider purchase of the age-restricted property, the owner has no further restrictions regarding sale of the age-restricted property pursuant to this section. If, during the 60-day period, the owner receives notice in writing that the Board or its assignee intends to consider purchase of the age-restricted property, then the owner shall do all the following:

(1) not accept a final unconditional offer to purchase from a party other than the Board or its assignee giving notice under subsection (d) of this section for 120 days following the 60-day period, a total of 180 days following the notice under subsection (c);

(2) negotiate in good faith with the Board or its assignee giving notice under subsection (d) of this section; and

(3) consider any offer to purchase from the Board or its assignee giving notice under subsection (d) of this section.

(f) Exceptions. The provisions of this section do not apply when the sale, transfer, or conveyance of the age-restricted property is any one or more of the following:

(1) through a foreclosure sale;

(2) to a member of the owner’s family or to a trust for the sole benefit of members of the owner’s family;

(3) among the partners who own the age-restricted property;

(4) incidental to financing the age-restricted property;

(5) between joint tenants or tenants in common;

(6) pursuant to eminent domain; or

(7) pursuant to a municipal tax sale.

(g) Requirement for new notice of intent to sell.

(1) Subject to subdivision (2) of this subsection, a notice of intent to sell issued pursuant to subsection (b) of this section shall be valid:

(A) for a period of one year from the expiration of the 60-day period following the date of the notice; or

(B) if the owner has entered into a binding purchase and sale agreement with the Board or its assignee within one year from the expiration of the 60-day period following the date of the notice, until the completion of the sale of the age-restricted property under the agreement or the expiration of the agreement, whichever is sooner.

(2) During the period in which a notice of intent to sell is valid, an owner shall provide a new notice of intent to sell, consistent with the requirements of subsection (b) of this section, prior to making an offer to sell the age-restricted property or accepting an offer to purchase the age-restricted property that is either more than five percent below the price for which the age-restricted property was initially offered for sale or less than five percent above the final written offer from the Board or its assignee.

(h) “Good faith.” The Board or its assignee shall negotiate in good faith with the owner for purchase of the age-restricted property.

(Added 2023, No. 181 (Adj. Sess.), § 109, eff. June 17, 2024.)

Subchapter 4 Rural Economic Development Initiative

§ 325m Rural Economic Development Initiative

(a) Definitions. As used in this subchapter:

(1) “Rural area” means a county of the State designated as “rural” or “mostly rural” by the U.S. Census Bureau in its most recent decennial census.

(2) “Small town” means a town in the State with a population of less than 5,000 at the date of the most recent U.S. Census Bureau decennial census.

(b) Establishment. There is created the Rural Economic Development Initiative to be administered by the Vermont Housing and Conservation Board for the purpose of promoting and facilitating community economic development in the small towns and rural areas of the State. The Rural Economic Development Initiative shall collaborate with municipalities, businesses, regional development corporations, regional planning commissions, and other appropriate entities to access funding and other assistance available to small towns and businesses in rural areas of the State when existing State resources or staffing assistance is not available.

(c) Services; access to funding. The Rural Economic Development Initiative shall provide the following services to small towns and businesses in rural areas:

(1) identification of grant or other funding opportunities that facilitate business development, infrastructure development, or other economic development opportunities;

(2) technical assistance in writing grants, accessing other funding, coordination with providers of grants or other funding, strategic planning for the implementation or timing of activities funded by grants or other funding, and compliance with the requirements of grant awards or awards of other funding.

(d) Priority. In providing services under this section, the Rural Economic Development Initiative shall give first priority to projects that have received necessary State or municipal approval and that are ready for construction or implementation.

(e) Priority projects. The Rural Economic Development Initiative shall seek to assist the following priority types of projects:

(1) milk plants, milk handlers, or dairy products, as those terms are defined in 6 V.S.A. § 2672;

(2) outdoor recreation and equipment enterprises;

(3) value-added food and forest products enterprises;

(4) farm operations, including phosphorus removal technology for farm operations;

(5) coworking or business generator and accelerator spaces;

(6) commercial composting facilities; and

(7) restoration and rehabilitation of historic buildings in community centers.

(f) Coordination. In providing services under this section, the Rural Economic Development Initiative shall coordinate with the Secretary of Commerce and Community Development, regional development corporations, and regional planning commissions.

(g) Report. Beginning on January 31, 2019, and annually thereafter, the Rural Economic Development Initiative shall submit to the Senate Committees on Agriculture and on Economic Development, Housing and General Affairs and the House Committees on Agriculture and Forestry and on Commerce and Economic Development a report regarding the activities and progress of the Initiative as part of the report of the Vermont Farm and Forest Viability Program. The report shall summarize the Initiative’s activities in the preceding year; evaluate the effectiveness of the services provided by the Initiative; provide an accounting of the grants or other funding that the Initiative facilitated or helped secure; and recommend any changes to the program to further economic development in small towns and rural areas of the State.

(Added 2017, No. 77, § 1; amended 2017, No. 77, § 12; 2017, No. 194 (Adj. Sess.), § 1.)

Subchapter 5 Land Access and Opportunity Board

§ 325t Definitions

As used in this subchapter:

(1) “Board” means the Vermont Land Access and Opportunity Board.

(2) “Historically marginalized or disadvantaged community” means a community that has historically suffered from discrimination and has not had equal access to public or private economic benefits due to the race, ethnicity, gender, geography, language preference, immigrant or citizen status, sexual orientation, gender identity, socioeconomic status, or disability status of its members.

(3) “LGBTQ” means an individual who identifies as lesbian, gay, bisexual, transgender, queer, or questioning.

(4) “VHCB” means the Vermont Housing and Conservation Board.

(Added 2021, No. 182 (Adj. Sess.), § 22b, eff. July 1, 2022.)

§ 325u Vermont Land Access and Opportunity Board

(a) Creation. There is created the Vermont Land Access and Opportunity Board to promote improvements in access to woodlands, farmland, and land and home ownership for Vermonters from historically marginalized or disadvantaged communities who continue to face barriers to land and home ownership. The Board shall be attached to the Vermont Housing and Conservation Board for administrative purposes.

(b) Organization of Board. The Board shall be composed of:

(1) the Executive Director of Racial Equity or designee;

(2) one member of Indigenous heritage, appointed by the Vermont Commission on Native American Affairs;

(3) one member, appointed by the Vermont NAACP;

(4) one member, appointed by the Vermont Racial Justice Alliance;

(5) one member, appointed by Liberation Ecosystem;

(6) one member, appointed by the Vermont Every Town project;

(7) one member, appointed by the National Association of Social Workers, Vermont Chapter, who shall be a social worker with expertise in antiracism;

(8) one member, appointed by the Pride Center of Vermont, who shall be LGBTQ;

(9) one member, appointed by the U.S. Committee for Refugees and Immigrants Vermont, who shall be a member of a refugee or immigrant community or shall have experience representing refugee or immigrant communities, or both;

(10) one member, appointed by the Vermont Developmental Disabilities Council;

(11) one member, appointed by Vermont Psychiatric Survivors; and

(12) one member, appointed by Migrant Justice.

(c) Member terms; priority.

(1) A member of the Board shall serve a term of three years and until their successor has been appointed.

(2) In the event of a vacancy occurring during a member’s term, the vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment.

(3) When selecting members of the Board, appointing authorities shall give priority to, and shall seek to appoint, Vermonters who satisfy one or more of the following:

(A) are a member of a historically marginalized or disadvantaged community;

(B) represent the interests of Vermonters from historically marginalized or disadvantaged communities; or

(C) have expertise regarding access to housing, land, agriculture, or credit.

(4) A member may serve not more than two full terms. A member who is appointed to fill a vacancy occurring during a term may serve two full terms in addition to the unexpired portion of the term during which the member is first appointed.

(d) Compensation. Board members shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010 for meetings as deemed appropriate by the Board within the appropriation provided. These payments shall be made from monies appropriated to VHCB for the support and administration of the Board.

(e) Meetings. The Executive Director of Racial Equity or designee shall call the first meeting of the Board to occur on or before September 1, 2022.

(f) Powers and duties of the Board. The Board may do the following:

(1) Advise VHCB, the Vermont Housing Finance Agency, the Vermont Economic Development Authority, the Vermont Agricultural Credit Corporation, and other affordable housing and land access stakeholders regarding policy development and programs to promote racial, social, economic, and climate justice for Vermonters from historically marginalized or disadvantaged communities.

(2) Retain wealth, financial, and real estate advisors who are Vermonters from historically marginalized or disadvantaged communities and use the services of those advisors to provide education and guidance for Vermonters from historically marginalized or disadvantaged communities.

(3) Retain Vermonters from historically marginalized or disadvantaged communities with expertise in agriculture, agronomics, and natural resource and land management to provide regenerative natural resource services to Vermonters from historically marginalized or disadvantaged communities.

(4) Work with VHCB; the Agency of Agriculture, Food and Markets; the Departments of Financial Regulation and of Housing and Community Development; the Vermont Sustainable Jobs Fund; the Vermont Housing Finance Agency; the Vermont State Housing Authority; the Vermont Economic Development Agency; and other State entities to:

(A) develop metrics relevant to historically marginalized or disadvantaged communities to understand disparities and track progress in addressing disparities and improving opportunities; and

(B) develop strategies and plans to more effectively reach out and provide access to resources that can overcome structural barriers to housing and land ownership, including an examination of:

(i) debt-to-income ratios;

(ii) impacts from redlining;

(iii) the impact of algorithmic systems of decision making, including the impact of credit scores and criminal background checks;

(iv) the impact of shared equity programs and homeownership programs on wealth disparity; and

(v) other practices that increase discrimination, disparities, and inequities in land access, property ownership, and wealth acquisition.

(5) Work with the Department of Taxes to recommend options and opportunities to provide advantageous tax treatment to properties owned by Vermonters who come from historically marginalized or disadvantaged communities.

(6)(A) Review, monitor, and recommend options and opportunities to redress State policies, procedures, practices, laws, and rules related to racial and social equity in property ownership for the benefit of Vermonters from historically marginalized or disadvantaged communities.

(B) Collaborate with VHCB and other affordable housing stakeholders to recommend programs and related rules to provide loans, grants, and financial assistance to individuals from historically marginalized or disadvantaged communities.

(7) Develop one or more programs with associated rules and procedures to distribute grants, to the extent funds are appropriated for the purpose, for:

(A) community-based groups and programs that will improve land and housing access, safety, and health for historically marginalized or disadvantaged communities; and

(B) individual and collective property and home ownership or housing improvements to support safe and sustainable residences for historically marginalized or disadvantaged communities.

(8) Identify, examine, and make recommendations to redress the limitations and problems associated with existing laws, rules, programs, and services related to property ownership for Vermonters from historically marginalized or disadvantaged communities.

(Added 2021, No. 182 (Adj. Sess.), § 22b, eff. July 1, 2022; amended 2025, No. 56, § 2b, eff. July 1, 2025.)

§ 325v Acceptance of grants and contributions

The Board may accept from any governmental department or agency, public or private body, or any other source, grants or contributions to be used in carrying out the provisions of this subchapter.

(Added 2021, No. 182 (Adj. Sess.), § 22b, eff. July 1, 2022.)

Chapter 15A The Sustainable Jobs Fund Program

§ 326 Findings, policies, and goals

(a) The General Assembly finds that Vermont’s economic prosperity depends on the establishment and achievement of the following policies and goals:

(1) The dual goals of creating quality jobs and conserving and protecting Vermont’s social and natural environments are of primary importance to economic vitality and the quality of life of Vermont.

(2) The idea of combining the dual goals of economic vitality and environmental quality is known as sustainable economic development.

(3) Sustainable economic development is a growing national and international public policy trend for the investment of private and governmental funds.

(4) Vermont’s unique environmental image as a function of State policy and of the policies of our existing educational institutions provides an opportunity to position the State as a primary sustainable economic development educational center.

(5) The goal of quality job creation as part of the State’s economic development policy is dependent on providing support for the start-up and expansion of small businesses and micro-business sectors of our economy.

(6) The goal of creating quality jobs or family-wage jobs is in part dependent upon nurturing businesses in growing sectors of the national and international economy, including companies involved with:

(A) environmental technologies;

(B) environmental equipment and services;

(C) energy efficiency;

(D) renewable energy;

(E) pollution abatement;

(F) specialty foods;

(G) water and wastewater systems;

(H) solid waste and recycling technologies;

(I) wood products and other natural resource based or “value added” industries;

(J) sustainable agriculture; and

(K) existing businesses, including larger manufacturing firms, striving to minimize their impact and waste through environmentally sound products and processes.

(7) The goal of creating quality jobs by nurturing the businesses listed in subdivision (6) of this subsection is consistent with the goal of protecting our natural and social environments, and with the goal of positioning the State as a primary sustainable economic development educational center.

(8) Support for sustainable economic development includes the need to provide:

(A) Increased financial resources to fund existing programs for the start-up and expansion of small businesses, including revolving loan programs, peer lending programs, technical assistance programs, and marketing programs.

(B) Capital access to those businesses too large or too small to obtain funds from existing programs.

(C) An organization designed to coordinate the leveraging of federal, State, local, and private resources and to stimulate the development of public-private partnerships.

(D) An increased array of economic development tools, including flexible manufacturing networks, sectoral development, and product development funds.

(E) Funding for eligible activities as recommended in the Vermont Economic Progress Council’s 10-year plan.

(F) Professional evaluation and accountability of funded economic development activities.

(G) Coordination between the State’s economic development and environmental protection policies.

(b) It is the purpose of this chapter to create the Sustainable Jobs Fund Program, to be administered by the nonprofit corporation formed under section 328 of this title, to further the policies and goals established in subsection (a) of this section.

(Added 1995, No. 46, § 15, eff. April 20, 1995.)

§ 327 Definitions

As used in this chapter:

(1) “Sustainable jobs” is defined as jobs created from business strategies and activities that meet the needs of the enterprise and its stakeholders today while protecting and sustaining the human and natural resources that will be needed in the future.

(2) “Eligible activity” means any activity that will carry out the dual purposes of creating quality jobs, as defined by the ten-year economic development plan adopted by the Agency of Commerce and Community Development, and conserving and preserving Vermont’s social and natural environment, including activities which will encourage or assist, but are not limited to:

(A) the start-up or expansion of the small business and micro-business sector; and

(B) existing businesses striving to minimize their impact and waste through environmentally sound products and processes.

(3) “Eligible applicant” means any for profit or nonprofit business entity that fulfills the purposes of this chapter.

(Added 1995, No. 46, § 15, eff. April 20, 1995; amended 1995, No. 190 (Adj. Sess.), § 1(a).)

§ 328 Creation of the Sustainable Jobs Fund Program

(a) There is created the Sustainable Jobs Fund Program to create quality jobs that are compatible with Vermont’s natural and social environment.

(b) The Vermont Economic Development Authority shall incorporate a nonprofit corporation pursuant to the provisions of subdivision 216(14) of this title to administer the Sustainable Jobs Fund Program, and to fulfill the purposes of this chapter by means of loans or grants to eligible applicants for eligible activities, provided that any funds contributed to the Program by the Authority under subsection (c) of this section shall be used for lending purposes only.

(c)(1) Notwithstanding the provisions of subdivision 216(14) of this title, the Authority may contribute not more than $1,000,000.00 to the capital of the corporation formed under this section, and the Board of Directors of the corporation formed under this section shall consist of:

(A) the Secretary of Commerce and Community Development or designee;

(B) the Secretary of Agriculture, Food and Markets or designee;

(C) a director appointed by the Governor; and

(D) eight independent directors, no more than two of whom shall be State government employees or officials, and who shall be selected as vacancies occur by vote of the existing directors from a list of names offered by a nominating committee of the Board created for that purpose.

(2)(A) Each independent director shall serve a term of three years or until his or her earlier resignation.

(B) A director may be reappointed, but no independent director and no director appointed by the Governor shall serve for more than three terms.

(C) The director appointed by the Governor shall serve at the pleasure of the Governor and may be removed at any time with or without cause.

(3) A director of the Board who is or is appointed by a State government official or employee shall not be eligible to hold the position of Chair, Vice Chair, Secretary, or Treasurer of the Board.

(d) [Repealed.]

(e) The Agency of Commerce and Community Development shall have the authority and responsibility for the administration and implementation of the Program.

(f) The Vermont Sustainable Jobs Fund Program shall work collaboratively with the Agency of Agriculture, Food and Markets to assist the Vermont slaughterhouse industry in supporting its efforts at productivity and sustainability.

(Added 1995, No. 46, § 15, eff. April 20, 1995; amended 1995, No. 190 (Adj. Sess.), § 1(b); 2003, No. 122 (Adj. Sess.), § 225; 2009, No. 146 (Adj. Sess.), § G18, eff. June 1, 2010; 2011, No. 52, §§ 35a, 37, 38, eff. May 27, 2011; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 157 (Adj. Sess.), § O.1, eff. June 2, 2016.)

§ 329 Annual report

Prior to January 31 of each year, the corporation formed under section 328 of this title shall submit a report concerning its activities to the Governor, to the House Committees on Appropriations, on Commerce and Economic Development, on Corrections and Institutions, on General and Housing, on Environment, and on Ways and Means and to the Senate Committees on Appropriations, on Economic Development, Housing and General Affairs, on Finance, on Institutions, and on Natural Resources and Energy. The report shall include the following information:

(1) A list and description of activities funded by the Sustainable Jobs Fund Program during the preceding year.

(2) A list of contributions received by the Board, whatever their form or nature, and the source thereof, unless anonymity is a condition of a particular contribution.

(3) A full financial report of the activities of the Sustainable Jobs Fund Program, including a special accounting of all activities from July 1 through December 31 of the year preceding the legislative session during which the report is submitted.

(4) If more than 70 percent of the funds allocated by the Sustainable Jobs Fund Program during the previous year were allocated to either one of the dual goals of this chapter in such a manner that the other goal was not achieved as established in section 326 of this title, and subdivisions 326(a)(5) and (6) of this title in particular, the Program shall set forth its reasons for the manner of allocation.

(5) A summary of work completed in the Farm-to-Plate Investment Program, including progress toward meeting the program goals, information regarding any advisory panel meetings, an accounting of all revenues and expenses related to the Program, and recommendations regarding future Program activity. The report shall also include information regarding the status of State government procurement of local foods.

(Added 1995, No. 46, § 15, eff. April 20, 1995; amended 2009, No. 54, § 36, eff. June 1, 2009; 2019, No. 14, § 12, eff. April 30, 2019.)

§ 330 The Farm-to-Plate Investment Program; creation; outcomes; tasks; methods

(a) Creation.

(1) The Sustainable Jobs Fund Program shall establish the Vermont Farm-to-Plate Investment Program to fulfill the goals and carry out the tasks described in this section.

(2) If at least $100,000.00 in funding is not made available for the purpose of this section, the Sustainable Jobs Fund Program is encouraged but no longer required to fulfill the provisions of this section.

(b) Intended outcomes. The intended outcomes of the Farm-to-Plate Investment Program are to:

(1) Increase sustainable economic development and create jobs in Vermont’s food and farm sector.

(2) Improve soils, water, and resiliency of the working landscape in the face of climate change.

(3) Improve access to healthy local foods for all Vermonters.

(c) Tasks.

(1) The Vermont Farm-to-Plate Investment Program shall create a strategic plan for agricultural and food system development, which may be periodically reviewed and updated, based upon the following:

(A) Inventory Vermont’s food system infrastructure by gathering existing data, studies, and analysis about the components of Vermont’s food system, including:

(i) the types of foods produced in Vermont, the number of producers of each type of food, the amount of each type of food produced, and the financial viability of each food-producing sector;

(ii) the types of food processors in Vermont, how much food produced in Vermont is purchased by Vermont processors, and the financial viability of the food processing sector in Vermont;

(iii) the current and potential markets in which Vermont food producers and processors can sell their products;

(iv) the extent of existing agricultural lands that could be expanded and the resources available to expand Vermont’s food production;

(v) the potential for new farmers and food processors to enter the local food economy, the methods for new farmers to acquire land and other farm infrastructure, and the availability and barriers to farm and processing labor; and

(vi) the potential for entirely new local products and the barriers to farmers and processors entering new markets.

(B) Identify gaps in the infrastructure and distribution systems and identify ways to address these gaps.

(2) The Vermont Farm-to-Plate Investment Program shall provide support for farm and food businesses, including regional food hubs, selling in all types of markets, direct and wholesale, in the State and outside the State.

(3) As an ongoing task, the Farm-to-Plate Investment Program shall use the information gathered for the strategic plan and updates to the plan to identify methods and the funding necessary to strengthen the links among producers, processors, and markets, including:

(A) supporting the work of existing farm-to-school programs to increase the purchase of local foods by Vermont schools, with a particular emphasis on procurement of nutrient-dense animal foods;

(B) supporting the work of the Working Lands Enterprise Board to strategically invest in farm and food businesses;

(C) collaborating with the Agency of Agriculture, Food and Markets and the Department of Buildings and General Services to increase procurement of local foods in accordance with 6 V.S.A. § 4601;

(D) collaborating with the Agency of Agriculture, Food and Markets to increase procurement of local foods by businesses and institutions;

(E) supporting initiatives that improve the marketing of foods from Vermont producers to consumers inside the State and outside of the State;

(F) supporting education and workforce development initiatives that address skill and labor needs of farm and food businesses; and

(G) informing agricultural lenders of the information collected under subdivision (1) of this subsection (c) in order to facilitate availability of farm and food sector financing.

(4) The Farm-to-Plate Investment Program Strategic Plan shall also establish measurable goals that shall be tracked over the life of the Plan, methods for the ongoing collection of data necessary to track those goals, plans for updating the Plan as needed, and appropriate methods to track the ongoing economic contribution of the farm and food sector to the Vermont economy.

(d) Methods. To accomplish the goals and carry out the ongoing tasks stated in this section, the Vermont Farm-to-Plate Investment Program may:

(1) create an advisory panel with representatives from the agricultural and business communities;

(2) hire or assign staff;

(3) seek and accept funds from private and public entities;

(4) serve as the administrative support for the Farm-to-Plate Network; and

(5) utilize technical assistance, loans, grants, or other means.

(e) [Repealed.]

(Added 2009, No. 54, § 35, eff. June 1, 2009; amended 2009, No. 3 (Sp. Sess.), § 11(b); 2009, No. 78 (Adj. Sess.), § 13a, eff. April 15, 2010; 2015, No. 11, § 8; 2019, No. 23, § 1; 2019, No. 131 (Adj. Sess.), § 12.)

Chapter 16 Vermont Agricultural Finance Program

Subchapter 1 Administration

§§ 331-337 Repealed

[Repealed]

1999, No. 25, § 3.

Subchapter 2 Family Farm Finance Loans

§§ 341, 342 Repealed

[Repealed]

1999, No. 25, § 3.

Subchapter 3 Agricultural Facility Loans

§§ 351, 352 Repealed

[Repealed]

1999, No. 25, § 3.

Subchapter 4 Funding

§§ 361-363 Repealed

[Repealed]

1999, No. 25, § 3.

Subchapter 5 Family Farm Debt Stabilization

§§ 371-373 Repealed

[Repealed]

1999, No. 25, § 3.

Chapter 16A Vermont Agricultural Credit Program

§ 374a Creation of the Vermont Agricultural Credit Program

(a) There is created the Vermont Agricultural Credit Program, which will provide an alternative source of sound and constructive credit to farmers and forest products businesses who are not having their credit needs fully met by conventional agricultural credit sources at reasonable rates and terms; or, in the alternative, the granting of the loan shall serve as a substantial inducement for the establishment or expansion of an eligible project within the State. The Program is intended to meet, either in whole or in part, the credit needs of eligible agricultural facilities and farm operations in fulfillment of one or more of the purposes listed in this subsection by making direct loans and participating in loans made by other agricultural credit providers:

(1) to encourage diversification, cooperative farming, and the development of innovative techniques for farming and forest products businesses;

(2) to increase energy efficiency and reduce energy consumption in agricultural facilities, including the construction of water pollution control facilities which implement best management practices for farm waste abatement pursuant to 6 V.S.A. chapter 215;

(3) to encourage innovative and diversified processing, marketing, and distribution of Vermont agricultural products;

(4) to assist beginning farmers to start new farms and new agricultural facilities to commence or strengthen their operations;

(5) to assist or financially strengthen existing farms; and

(6) to refinance loans incurred by eligible borrowers for any of the purposes enumerated in subdivisions (1) through (5) of this subsection.

(b) No borrower shall be approved for a loan from the corporation that would result in the aggregate principal balances outstanding of all loans to that borrower exceeding the then-current maximum Farm Service Agency loan guarantee limits, or $5,000,000.00, whichever is greater.

(Added 1999, No. 25, § 1; amended 2003, No. 67, § 5, eff. June 16, 2003; 2005, No. 137 (Adj. Sess.), § 3; 2013, No. 199 (Adj. Sess.), § 6; 2015, No. 157 (Adj. Sess.), § A.6, eff. June 2, 2016; 2023, No. 141 (Adj. Sess.), § 17, eff. July 1, 2024.)

§ 374b Definitions

As used in this chapter:

(1) “Agricultural facility” means land and rights in land, buildings, structures, machinery, and equipment that is used for, or will be used for producing, processing, preparing, packaging, storing, distributing, marketing, or transporting agricultural or forest products that have been at least partially produced in this State, and working capital reasonably required to operate an agricultural facility.

(2) “Agricultural land” means real estate capable of supporting commercial farming or forestry, or both.

(3) “Agricultural products” mean crops, livestock, forest products, and other farm or forest commodities produced as a result of farming or forestry activities.

(4) “Farm ownership loan” means a loan to acquire or enlarge a farm or agricultural facility, to make capital improvements including construction, purchase, and improvement of farm and agricultural facility buildings, farm worker housing, or farmer housing that can be made fixtures to the real estate, to promote soil and water conservation and protection or provide housing, and to refinance indebtedness incurred for farm ownership or operating loan purposes, or both.

(5) “Authority” means the Vermont Economic Development Authority.

(6) “Cash flow” means, on an annual basis, all income, receipts, and revenues of the applicant or borrower from all sources and all expenses of the applicant or borrower, including all debt service and other expenses.

(7) “Farmer” means an individual directly engaged in the management or operation of an agricultural facility or farm operation for whom the agricultural facility or farm operation constitutes two or more of the following:

(A) is or is expected to become a significant source of the farmer’s income;

(B) the majority of the farmer’s assets; and

(C) an occupation in which the farmer is actively engaged, either on a seasonal or year-round basis.

(8) “Farm operation” means the cultivation of land or other uses of land for the production of food, fiber, horticultural, silvicultural, orchard, maple syrup, Christmas trees, forest products, or forest crops; the raising, boarding, and training of equines, and the raising of livestock; or any combination of the foregoing activities. “Farm operation” also means the storage, preparation, retail sale, and transportation of agricultural or forest commodities accessory to the cultivation or use of such land. “Farm operation” also means the operation of an agritourism business on a farm subject to regulation under the Required Agricultural Practices. “Farm operation” also means a business that provides specialty services to farmers, such as foresters, farriers, hoof trimmers, or large animal veterinarians operating or proposing to operate mobile units.

(9) “Forest products business” means an enterprise that is engaged in managing, harvesting, trucking, processing, manufacturing, crafting, or distributing forest products at least partially derived from Vermont forests.

(10) “Livestock” shall mean cattle, sheep, goats, equines, fallow deer, red deer, reindeer, American bison, swine, poultry, pheasant, chukar partridge, coturnix quail, ferrets, camelids and ratites, cultured trout propagated by commercial trout farms, and bees.

(11) “Loan” means an operating loan or farm ownership loan, including a financing lease, provided that such lease transfers the ownership of the leased property to each lessee following the payment of all required lease payments as specified in each lease agreement.

(12) “Operating loan” means a loan to purchase livestock, farm or forestry equipment, or fixtures to pay annual operating expenses of a farm operation or agricultural facility, to pay loan closing costs, and to refinance indebtedness incurred for farm ownership or operating loan purposes, or both.

(13) “Program” means the Vermont Agricultural Credit Program established by this chapter.

(14) “Project” or “agricultural project” means the creation, establishment, acquisition, construction, expansion, improvement, strengthening, reclamation, operation, or renovation of an agricultural facility or farm operation.

(15) [Repealed.]

(Added 1999, No. 25, § 1; amended 2003, No. 67, § 6, eff. June 16, 2003; 2003, No. 121 (Adj. Sess.), § 89, eff. June 8, 2004; 2005, No. 137 (Adj. Sess.), § 4; 2013, No. 199 (Adj. Sess.), § 6; 2015, No. 157 (Adj. Sess.), § A.6, eff. June 2, 2016; 2019, No. 129 (Adj. Sess.), § 20; 2023, No. 141 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 374c Incorporation; board of directors

The Vermont Economic Development Authority shall incorporate a nonprofit corporation to administer the Vermont agricultural credit program and to fulfill the goals and purposes of this chapter. The voting members of the Authority shall be the board of directors of the corporation, and the manager of the Authority shall serve as the president and chief executive officer of the corporation. Such corporation shall be organized and operate under the nonprofit corporation laws of the State of Vermont to the extent not inconsistent herewith. The Authority will have the power to contract with the corporation to provide staff and management needs of the corporation.

(Added 1999, No. 25, § 1.)

§ 374d General powers

The corporation shall have the powers necessary to carry out the purposes and provisions of this chapter, including those general powers provided a business corporation by 11A V.S.A. § 3.02. In addition, the corporation shall have the power to:

(1) execute contracts and all other instruments necessary for the exercise of its powers and functions under this chapter;

(2) without limitation, acquire or dispose of real or personal property or any interest in real or personal property;

(3) receive and accept gifts, grants, or contributions from any source, for any purpose consistent with this chapter;

(4) provide or contract for consolidated processing of any aspect of the financing of eligible borrowers in order to avoid duplication;

(5) procure insurance against any loss;

(6) invest monies of the corporation not required for immediate use;

(7) borrow money and issue notes and other evidences of indebtedness for lending and administrative and other expenses. The corporation may sell, transfer, pledge, mortgage, hypothecate, or otherwise dispose of loans under its management. Neither the full faith and credit of the State of Vermont nor any of the assets of the Authority are pledged to secure repayment of the indebtedness of the corporation;

(8) consent to any modification with respect to rate of interest, time, and payment of any contract or agreement of any kind to which the corporation is a party;

(9) procure or agree to the procurement of insurance, guarantees, or interest rate subsidy assistance on any notes or any other evidence of indebtedness issued to the corporation;

(10) make loans or advances secured by a mortgage or a security agreement, which may be subordinate to one or more prior mortgages or security agreements, to eligible borrowers under such terms and conditions as the corporation deems prudent and consistent with the purposes of this chapter and for such fees, and at such rate or rates of interest, as determined by the corporation, provided that the interest rate or rates charged by the corporation shall not exceed the rate paid or to be paid by the corporation for monies borrowed by the corporation to fund loans plus 300 basis points;

(11) take title, by foreclosure or other process available under the law, to any real or personal property where such action is necessary to protect any loan previously made by the corporation, pay all costs arising out of the legal action and acquisition from monies held in the Fund, and sell or transfer any such property to any responsible buyer. If the transfer or conveyance of assets acquired under this subdivision cannot be effected with reasonable promptness, the corporation may, in order to minimize financial losses and sustain a farm operation or agricultural facility, lease the assets owned by it to responsible persons on such terms and conditions as the corporation deems reasonable;

(12) purchase prior mortgages and make payments on prior mortgages or security interests on any assets pledged as security for loans of the corporation where the purchase or payment is necessary to protect any loan previously made by the corporation. In addition, the corporation may sell, transfer, and assign a prior mortgage or prior security interest. Monies used by the corporation for the purchase of any prior mortgages, or any payments on prior mortgages, shall be withdrawn from the Fund established pursuant to section 374e of this title, and any monies derived from the sale of any prior mortgages shall be deposited in the Fund;

(13) employ or contract for services with agents, consultants, legal advisors, and other experts, as may be necessary for its purposes;

(14) participate in eligible and qualified loan projects with lenders, including the farm credit system, banks, and insurance companies;

(15) execute lease agreements for the purpose of leasing personal property under financing leases, which leases transfer the ownership of the leased personal property to each lessee following the payment of all required lease payments as specified in each lease agreement;

(16) sell loans, or portions thereof, in order to provide further funding for lending under this chapter. Proceeds from sales of loans shall be deposited in the Agricultural Credit Development Fund established under section 374e of this title;

(17) establish policies and procedures consistent with the purpose of providing sound and constructive credit to eligible loan applicants; and

(18) do all things necessary to carry out the purposes and provisions of this chapter.

(Added 1999, No. 25, § 1; amended 2003, No. 7, § 6, eff. April 25, 2003.)

§ 374e Agricultural Credit Development Fund

The Agricultural Credit Development Fund is created and shall be used by the corporation for the purposes of this chapter. All reasonable administrative expenses of the corporation shall be paid from the Fund. The Fund shall be credited with any appropriations made by the General Assembly, all payments of principal and interest received from loans transferred or assigned to or made by the corporation, any available grants or gifts made to the corporation, the proceeds of any sale, transfer, pledge, mortgage, hypothecation, or other disposition of loans transferred or assigned to the corporation by the Authority and loans made by the corporation pursuant to this chapter, and any funds borrowed by the corporation. Monies in the Fund may, after payment of reasonable administrative expenses and debt service on the indebtedness of the corporation incurred in furtherance of its purposes under this chapter, be loaned by the corporation directly to eligible borrowers, used to purchase or acquire portions of loans made by unrelated third party lenders to eligible borrowers, or to subsidize the payment of interest on the debt of the corporation so as to lower the interest rate on loans made by the corporation to eligible borrowers.

(Added 1999, No. 25, § 1.)

§ 374f Records

The corporation shall keep an accurate account of all its activities.

(Added 1999, No. 25, § 1; amended 2011, No. 139 (Adj. Sess.), § 6, eff. May 14, 2012.)

§ 374g Construction

The provisions of section 218 of this title shall apply to this chapter. Information concerning loan applicants or recipients shall be kept confidential.

(Added 1999, No. 25, § 1.)

§ 374h Loan eligibility standards

A farmer, forest products business, or a limited liability company, partnership, corporation, or other business entity with a minimum 20 percent ownership of which is vested in one or more farmers, forest products businesses, or a nonprofit corporation, shall be eligible to apply for a farm ownership or operating loan that shall be intended to expand the agricultural economy or forest economy of the State, provided the applicant is:

(1) an owner, prospective purchaser, or lessee of agricultural land in the State or of depreciable machinery, equipment, or livestock to be used in the State;

(2) a person of sufficient education, training, or experience in the operation and management of an agricultural facility or farm operation or forest products business of the type for which the applicant requests the loan;

(3) an operator or proposed operator of an agricultural facility, farm operation, or forest products business for whom the loan reduces investment costs to an extent that offers the applicant a reasonable chance to succeed in the operation and management of an agricultural facility or farm operation;

(4) a creditworthy person under such standards as the corporation may establish;

(5) able to provide and maintain adequate security for the loan by a mortgage on real property or a security agreement and perfected financing statement on personal property;

(6) able to demonstrate that the applicant is responsible and able to manage responsibilities as owner or operator of the farm operation, agricultural facility, or forest products business;

(7) able to demonstrate that the applicant has made adequate provision for insurance protection of the mortgaged or secured property while the loan is outstanding;

(8) a person who possesses the legal capacity to incur loan obligations;

(9) in compliance with such other reasonable eligibility standards as the corporation may establish;

(10) able to demonstrate that the project plans comply with all regulations of the municipality where it is to be located and of the State of Vermont;

(11) able to demonstrate that the making of the loan will be of public use and benefit;

(12) able to demonstrate that the proposed loan will be adequately secured by a mortgage on real property or by a security agreement on personal property; and

(13) there will be sufficient projected cash flow to service a reasonable level of debt, including the loan or loans, being considered by the corporation.

(Added 1999, No. 25, § 1; amended 2003, No. 67, § 7, eff. June 16, 2003; 2015, No. 157 (Adj. Sess.), § A.6, eff. June 2, 2016; 2023, No. 141 (Adj. Sess.), § 19, eff. July 1, 2024.)

Chapter 17 Vermont Home Mortgage Credit Agency

§§ 351-376 Repealed

[Repealed]

1973, No. 260 (Adj. Sess.), § 6, eff. April 11, 1974.

Chapter 18 Home Mortgage Guarantee Program

§§ 381-400 Repealed

[Repealed]

1999, No. 1, § 104, eff. December 31, 1999.

Chapter 19 Scenery Preservation

§ 421 Purposes

This chapter is designed to preserve and to enhance Vermont’s scenic values.

(1966, No. 67 (Sp. Sess.), § 2, eff. March 14, 1966.)

§ 422 Acquisition of rights and interests in land for scenery protection

(a) Power to acquire. To further carry out the purposes set forth in section 421 of this title, the Agency of Transportation, the Departments of Forests, Parks and Recreation, Fish and Wildlife, Environmental Conservation and the Division for Historic Preservation, hereafter called Department, may acquire land and any rights and interests therein by purchase with any authorized funds, donation, device, exchange, transfer from any other governmental agency (federal, state, or local). All proposed acquisitions, exchanges, and transfers of lands or rights therein shall be submitted to the Natural Resources Interagency Committee for review of conformance to the plan prepared under section 424 of this title. The recommendations of the Interagency Committee on Natural Resources need not be binding on the departments.

(b) Types of interests to be acquired. The Department shall determine the types of rights and interests in land to be acquired in order to fulfill the purposes of section 421 of this title. In the case of acquisition subject to a right of occupancy and use or reconveyance, or lease, the Department shall, so far as possible, give priority to the former owner in selecting the grantee or lessee, as the case may be.

(c) Injunction. In any case where rights and interests in land are divided between the State and private co-owners, the Department may begin injunction proceedings to enforce compliance in accordance with the provisions of this chapter.

(1966, No. 67 (Sp. Sess.), § 3, eff. March 14, 1966; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 76, § 18.)

§ 423 Improvement of land

To further carry out the purposes set forth in section 421 of this title, the departments listed in subsection 422(a) of this title may improve lands held for those purposes with publicly owned and controlled rest and recreation areas which may include, among other things, sanitary facilities, and other facilities reasonably necessary to accommodate the traveling public.

(1966, No. 67 (Sp. Sess.), § 4, eff. March 14, 1966.)

§ 424 Planning provisions

The Vermont Planning Council shall carry on a continuing comprehensive planning process to inventory and classify scenic corridors, areas, and sites, and analyze the scenic values and various elements thereof in keeping with the purposes of section 421 of this title, including the general location of areas of special need and specific proposals for such new areas. The Vermont Planning Council shall prepare and submit to the Governor for adoption, and from time to time, revise, a comprehensive plan for the protection of the State’s scenic resources. This plan shall become a part of the State’s comprehensive master plan.

The Vermont Planning Council shall cooperate with federal and local governments, and with interested private groups and individuals in joint planning to protect and to develop historic, cultural, and scenic resources.

(Added 1966, No. 67 (Sp. Sess.), § 3, eff. March 14, 1966; amended 1967, No. 167, § 6, eff. April 15, 1967.)

§ 425 Repealed

[Repealed]

2015, No. 40, § 28.

Chapter 20 Vermont Trails System

§ 441 Statement of purpose

(a) In order to provide access to the use and enjoyment of the outdoor areas of Vermont, to conserve and use the natural resources of this State for healthful and recreational purposes, and to provide transportation from one place to another, it is declared to be the policy of this State to provide the means for maintaining and improving a network of trails to be known as the “Vermont trails system.”

(b) It is the intent of the Legislature that trails be established within and without boundaries of State parks and forests and, when feasible, to interconnect units of the State park and forest system, as well as such federal and municipal lands as may be appropriate.

(c) The development, operation, and maintenance of the Vermont trails system is declared to be a public purpose and in this context, the Agency of Natural Resources together with other governmental agencies is authorized to spend public funds for such purposes and to accept gifts and grants of funds, property, or property rights from public or private sources to be used for such purposes where permission is granted.

(d) It is the intent of the Legislature to maintain Vermont’s eligibility for receiving and spending federal funds for trails.

(e) It is the intent of the Legislature that whenever a railroad line not already owned by the State of Vermont is proposed for abandonment, and continuation of railroad service is not economically feasible under present conditions, the right-of-way may be acquired by the State of Vermont for railbanking and interim trail use under 5 V.S.A. chapter 58.

(Added 1993, No. 211 (Adj. Sess.), § 28.)

§ 442 Definitions

As used in this chapter:

(1) “Agency” means the Agency of Natural Resources.

(2) “Nonhighway recreational fuel taxes” means State taxes on fuel used in vehicles on recreational trails or back country terrain.

(3) “Trails” means land used for hiking, walking, bicycling, cross-country skiing, snowmobiling, all-terrain vehicle riding, horseback riding, and other similar activities. Trails may be used for recreation, transportation, and other compatible purposes.

(4) “Trails and Greenways Council” means the Vermont Trails and Greenways Council, Inc. as incorporated with the Secretary of State’s office.

(Added 1993, No. 211 (Adj. Sess.), § 28.)

§ 443 Vermont trails system

The Vermont trails system shall consist of those individual trails recognized by the Agency of Natural Resources with the advice of the Greenways Council. The Agency, with the advice of the Council, shall establish criteria for recognition of single use and shared use trails.

(Added 1993, No. 211 (Adj. Sess.), § 28.)

§ 444 Responsibilities of the Agency of Natural Resources

The Agency of Natural Resources may:

(1) Acquire by permission, the use of any section of land for the purpose of developing and maintaining the Vermont trails system. Permission shall be acquired from a willing land owner and shall be in writing and signed by both parties. The Agency or a person authorized by the Agency shall obtain landowner permission before establishing or allowing a trails group to establish a trail across private land. The written permission shall contain a clearly written statement expressing both parties’ rights and obligations, including the obligation to maintain the trail, and the liability for property damage or personal injury, or both, to persons using trails created pursuant to this chapter. A dedication or any adverse right shall not arise from the granting of permission, under any circumstances.

(2) Acquire by gift, or purchase, the fee simple absolute title or any lesser interest in land, including easements, for the purposes of developing and maintaining the Vermont trails system. The Agency shall hold harmless from any liability for personal injury or property damage sustained on a trail, subject to the provisions of section 448 of this chapter, any private landowner from whom an interest has been granted or conveyed under this subdivision.

(3) Assign responsibilities for any trail, path, easement, or right-of-way to another governmental entity or not-for-profit agency upon agreement by such entity or agency to maintain and manage it for purposes consistent with this chapter.

(4) Coordinate the activities of all governmental units and bodies that desire to participate in the development of the Vermont trails system.

(5) Publish, sell, and distribute information and maps related to the development and maintenance of recreational trails.

(6) Develop and oversee the implementation of a Vermont trails plan. The plan may include guidance on expenditure of funds, standards, provision for uniform signing, user and landowner educational programs.

(7) Provide for public involvement in the development and management of the Vermont trails system.

(Added 1993, No. 211 (Adj. Sess.), § 28.)

§ 445 Advisory council designated

(a) The Vermont Trails and Greenways Council, Inc., an organization of trail using and trail providing groups, is designated as an advisory council to the Agency of Natural Resources and shall advise on all matters related to this chapter, including the allocation of State and federal funds appropriated for the purposes of this chapter.

(b) [Repealed.]

(Added 1993, No. 211 (Adj. Sess.), § 28; amended 2011, No. 153 (Adj. Sess.), § 29.)

§ 446 Vermont Recreational Trails Fund

The Recreational Trails Fund is established, which shall be subject to the provisions of 32 V.S.A. chapter 7, subchapter 5. There shall be an annual transfer from the Transportation Fund to the Recreational Trails Fund in the amount of $370,000.00. In each fiscal year, this amount shall be included in the budget estimates and statements submitted under 32 V.S.A. § 301 for purposes of determining appropriations by the General Assembly. Appropriations may be made from the Fund to design, construct, and maintain recreational trails, to conduct studies and prepare plans, publish maps and information, and to make grants to State and municipal agencies and nonprofit organizations. The Agency of Natural Resources shall administer the Fund and adopt rules for its use and all monies appropriated shall be used on State, federal, and municipal lands and on maintenance of trails on public as well as private lands where permission is granted, as follows:

(1) 40 percent to the Department of Forests, Parks and Recreation;

(2) 20 percent for providing grants to municipalities and nonprofit agencies; and

(3) 40 percent to the Vermont Association of Snow Travelers.

(Added 1993, No. 211 (Adj. Sess.), § 28; amended 1995, No. 63, § 212a, eff. May 4, 1995; 2015, No. 68 (Adj. Sess.), § 70, eff. March 8, 2016; 2023, No. 6, § 78, eff. July 1, 2023.)

§ 447 Coordination with the Agency of Transportation

(a) The Agency of Natural Resources shall coordinate the development of trails and the Agency of Transportation shall coordinate the development of bicycle and pedestrian paths.

(b) The Agency of Transportation shall endeavor to purchase railroads over which rail service has been discontinued that then may be retained for transportation use or leased to the Agency of Natural Resources for management as trails.

(Added 1993, No. 211 (Adj. Sess.), § 28.)

§ 448 Landowner liability

No public or private owner of land that is a part of the Vermont trails system shall be liable for any property damage or personal injury sustained by any person using these trails unless the public or private owner intentionally inflicts the damage or injury.

(Added 1993, No. 211 (Adj. Sess.), § 28.)

§ 449 Relation to other laws

The provisions of this chapter shall not be construed to limit the powers of any governmental body under any other law or municipal charter.

(Added 1993, No. 211 (Adj. Sess.), § 28.)

Chapter 21 Tourist Information Services

§ 481 Definitions

As used in this chapter, the following terms are defined as follows:

(1) “Limited access facility” shall have the same meaning as defined in 19 V.S.A. § 1702.

(2) “Official business directional sign” means a sign erected and maintained by the State to indicate to the travelling public the route and the distance to public accommodations, commercial services for the travelling public, and points of scenic, historic, cultural, educational, and religious interest.

(3) “On-premises sign” means an accessory sign that directs attention to a business, profession, commodity, service, or entertainment carried on, sold, or offered on the same premises.

(4) “Outdoor advertising” means a sign that advertises, calls attention, or directs a person to a business, association, profession, commodity, product, institution, service, entertainment, person, place, thing, or activity of any kind whatsoever, and is visible from a highway or other public right-of-way.

(5) “Residential directional sign” means an off-premises sign erected and maintained by an individual to indicate the location of his or her residence.

(6) A “sign” is any structure, display, device, or representation, either temporary or permanent, portable or ground-mounted, that is designed or used to advertise or call attention to any thing, person, business, activity, or place and is visible from any highway or other right-of-way. It does not include the flag, pennant, or insignia of any nation, state, or town. Whenever dimensions of a sign are specified, they shall include panels and frames.

(7) “Sign plaza” means any area established and maintained by the Agency of Transportation adjacent to a highway, where official information plaza plaques are grouped in tiers or on panels.

(8) “Traffic control sign or device” means an official route marker, guide sign, warning sign, or sign directing traffic to or from a bridge, ferry, or airport, or sign regulating traffic, that has been erected by officers having jurisdiction over the highway.

(9) “Official information plaza plaque” means a plaque erected and maintained by the State to indicate to the travelling public: public accommodations, commercial services for the travelling public, and points of scenic, historic, cultural, educational, and religious interest, installed at an information plaza.

(10) “Full-sized official business directional sign” means a sign not exceeding 1,200 square inches. “Half-sized official business directional sign” means a sign not exceeding 300 square inches.

(11) “Owner” means the person or persons who own a sign. Wherever it is required under this chapter to provide notice to the actual owner or owners of a sign but is impractical to do so, it shall be conclusively presumed that the person, firm, or corporation advertised on the sign is the agent of the actual owner or owners. Notice served on any such agent shall have the same effect as notice provided the actual owner or owners.

(12) “Travel information” means the various communication media and methods available to collect and distribute information to the traveling public.

(Added 1967, No. 333 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1969, No. 92, § 1, eff. April 19, 1969; 1983, No. 167 (Adj. Sess.), §§ 1, 2; 1993, No. 121 (Adj. Sess.), §§ 1, 2.)

§ 482 Legislative findings

The General Assembly of the State of Vermont makes the following findings of fact:

(1) A large and increasing number of tourists has been coming to Vermont, and as a result the tourist industry is one of the largest sources of income for Vermonters, with an increasing number of persons directly or indirectly dependent upon the tourist industry for their livelihood.

(2) Very few convenient facilities and coordinated means exist in the State to provide information on available public accommodations, commercial services for the traveling public and other lawful businesses, and points of scenic, historic, cultural, educational, and religious interest. Provision of those facilities can be a major factor in encouraging the development of the tourist industry in Vermont.

(3) Scenic resources of great value are distributed throughout the State, and have contributed greatly to its economic development, by attracting tourists, permanent and part-time residents, and new industries and cultural facilities.

(4) The scattering of outdoor advertising throughout the State is detrimental to the preservation of those scenic resources, and so to the economic base of the State, and is also not an effective method of providing information to tourists about available facilities.

(5) The proliferation of outdoor advertising is hazardous to highway users.

(Added 1967, No. 333 (Adj. Sess.), § 2; amended 1993, No. 121 (Adj. Sess.), § 3.)

§ 483 Purposes and policy

In order to promote the public health, safety, and other aspects of the general welfare, it is in the public interest to provide information about and help guide travelers to public accommodations and services, other businesses, and points of scenic, historic, cultural, educational, and religious interest. To provide that information, it is the policy of the State and the purpose of this chapter:

(1) To establish means by which the traveling public may receive general and specific travel information in a timely manner utilizing current marketing and technological systems.

(2) To provide for the effective collection and distribution of travel information.

(3) To prohibit the indiscriminate use of other outdoor advertising.

(Added 1967, No. 333 (Adj. Sess.), § 3; amended 1993, No. 121 (Adj. Sess.), § 4.)

§ 484 Travel Information Council; creation, membership, terms

(a) The Travel Information Council is created to administer the provisions of this chapter.

(1) The Agency of Transportation shall be responsible for the administration and maintenance of the official business directional sign program, information plazas, and other tourist information facilities deemed appropriate by the Council.

(2) The Agency of Commerce and Community Development shall be responsible for the collection and distribution of travel information, as deemed appropriate by the Council.

(b)(1) The Council may adopt rules consistent with this chapter relating to the determination of locations for official business directional signs and to all other matters necessary and appropriate to the administration of this chapter. In adopting those rules it shall give consideration to the adequacy of information provided by highway directional signs and the preservation of scenic and aesthetic values and shall consult with the Agency of Transportation as to matters of highway safety.

(2) It shall determine whether official business directional signs at a particular location shall be displayed in tiers or upon panels.

(3) It shall advise the Agency of Commerce and Community Development on policies and matters pertaining to collection and distribution of tourist information.

(c)(1) The Council shall have seven members, comprising the Secretary of Commerce and Community Development or designee, who shall chair the Council, and six appointed members as follows: one representing the lodging industry, one the restaurant industry, one the recreation industry, one the Agency of Transportation, one the general public, and one agriculture.

(2) The six appointed members shall be appointed by the Governor with the advice and consent of the Senate in two-year staggered terms so that three members are appointed annually. The members are eligible for reappointment.

(3) Members of the Council shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010, which shall be paid by the Agency of Transportation.

(d)(1) The Council shall designate, in each State transportation district, a person to represent business, a person to represent the public, and a person to represent the district planning or development agencies as a committee to act for it in those districts in considering applications for signs and the location thereof.

(2) The members of the committee shall serve at the pleasure of the Council, and a majority of a committee shall constitute a quorum for the conduct of any business.

(3) A person aggrieved by a decision of a committee may ask for and shall be granted a hearing before the Council and may appeal on questions of law to the Superior Court under V.R.C.P. 74 from a decision of the Council.

(Added 1967, No. 333 (Adj. Sess.), § 4, eff. March 23, 1968; amended 1969, No. 92, § 2, eff. April 19, 1969; 1971, No. 115, § 1, eff. April 26, 1971; 1983, No. 167 (Adj. Sess.), § 3; 1993, No. 121 (Adj. Sess.), § 5; 1995, No. 190 (Adj. Sess.), § 1(a), (b); 2019, No. 61, § 5.)

§ 485 Official tourist information centers

The Agency of Commerce and Community Development shall establish official tourist information centers, near the principal entrance points into the State, as determined by the Agency, and at such other locations as the Agency deems appropriate, in order to provide information about public accommodations, commercial services for the travelling public, other businesses, and points of scenic, historic, cultural, educational, and religious interest.

(Added 1967, No. 333 (Adj. Sess.), § 5, eff. March 23, 1968; amended 1969, No. 92, § 3, eff. April 19, 1969; 1983, No. 167 (Adj. Sess.), § 4; 1995, No. 190 (Adj. Sess.), § 1(a).)

§ 485a Connecticut River valley tourism district

There is created the Connecticut River valley tourism district consisting of all towns bordering on the Connecticut River.

(Added 1999, No. 152 (Adj. Sess.), § 215a, eff. May 29, 2000.)

§ 486 Official directional signs

(a) The Agency of Transportation, under the direction of the Travel Information Council, shall furnish, erect, and maintain official business directional signs licensed under this chapter at locations specified in the license. The Agency of Transportation may contract for the satisfaction of all or any portion of its duties under this subsection. That furnishing, erection, and maintenance are declared to be for highway purposes under Title 19 and any amendments thereto.

(b) The Agency of Transportation shall furnish, erect, and maintain certain official directional signs at interstate highway exits wherever the exit is five miles or less from the nearest State Police office or barracks. These exit signs shall bear the words “State Police,” with an indication of the distance to the State Police office or barracks.

(c) The Travel Information Council may enter into such contractual or other arrangements as it may consider appropriate under all the circumstances with any town or city of this State, providing for the erection and maintenance of official business directional signs and the fees charged therefor, within that town or city, which may be distinctive to that town or city, or providing for the administration of such official business directional signs, or for any other matter arising under this chapter which the Council considers appropriate to be administered by that town or city; provided, however, that any such arrangement or agreement, and all actions taken thereto, shall comply with this chapter and with the regulations adopted hereto.

(Added 1967, No. 333 (Adj. Sess.), § 6, eff. March 23, 1968; amended 1969, No. 92, § 4, eff. April 19, 1969; 1975, No. 60; 1983, No. 167 (Adj. Sess.), § 5.)

§ 487 Other information

The Agency of Commerce and Community Development shall provide travel information regarding the location of available public accommodations, commercial services for the traveling public and other businesses, and points of scenic, historic, and cultural interest. It may include in guidebooks and other published materials, paid advertising, identified as such. This information shall be made available to the general public at places the Agency may find desirable, such as interstate rest areas, information plazas, information centers and booths, service stations and garages, hotels, motels, and restaurants, historical attractions, and education facilities, using the most appropriate methods and means, such as publications, audio/visual, computer, and telephone.

(Added 1967, No. 333 (Adj. Sess.), § 7, eff. March 23, 1968; amended 1969, No. 92, § 5, eff. April 19, 1969; 1983, No. 167 (Adj. Sess.), § 6; 1993, No. 121 (Adj. Sess.), § 6; 1995, No. 190 (Adj. Sess.), § 1(a).)

§ 488 Prohibition of other outdoor advertising

No person may erect or maintain outdoor advertising visible to the travelling public except as provided in this chapter.

(Added 1967, No. 333 (Adj. Sess.), § 8, eff. March 23, 1968.)

§ 489 Eligibility for official business directional signs

(a) Lawful businesses and points of interest and cultural, educational, and religious facilities are eligible for official business directional signs, subject to the provisions of this chapter and to rules and regulations promulgated by the Travel Information Council, and subject further to any federal law, rule, or regulation affecting the allocation of federal highway funds or other funds to or for the benefit of this State or any agency or subdivision thereof of the State.

(b) Notwithstanding any provision of this chapter, brown-and-white official business directional signs as requested by the local byways organization may be allowed for the purpose of directing travelers to interpretive information sites along officially designated State and federal byways only. An official business directional sign authorized under this subsection shall be located on the same State-designated byway as the interpretive information site to which the sign directs attention.

(Added 1967, No. 333 (Adj. Sess.), § 9, eff. March 23, 1968; amended 1969, No. 92, § 6, eff. April 19, 1969; 2007, No. 75, § 25.)

§ 490 Types and arrangement of signs

(a) The Travel Information Council shall regulate the size, shape, color, lighting, manner of display, and lettering of official business directional signs. Distinctive symbols shall be established to the extent considered practicable by the Council for each type of service or facility, different from those for other types; and appropriate signs shall be provided for each eligible applicant within a given category. When appropriate because of the number of signs at one location, the signs shall be replaced or substituted with an information plaza on which applicants may purchase advertising plaques.

(b) Subject to traffic safety regulations specifically adopted by the Agency of Transportation for the purposes of this chapter, locations of official business directional signs shall conform to the following:

(1) Official business directional signs shall be located in the same town as the applicant business unless one or more of the following conditions are present:

(A) The location of the sign must be in a town other than that of the applicant business in order to satisfy the traffic safety regulations. In such case, the sign shall be located as close to the turnoff for the business as possible;

(B) The business is located on an unnumbered highway, the turnoff from the numbered highway is in another town and this turnoff is the only access point for the business from the nearest numbered highway;

(C) The absence of highway destination signs directing travelers to the town in which the business is located; and

(D) The absence of an official business directional sign creates a safety hazard for the traveling public.

(2) Official business directional signs shall be located in those vicinities where the traveler must change direction from one highway to another highway to reach the business or point of interest, provided the sign is not on the same highway as the business or its on-premises sign unless the sign is needed to alleviate a safety hazard or to eliminate an unsafe situation as described in this section; and provided a travel information directional sign is not located at that point and travel to that information source will cause neither undue inconvenience to the traveler nor traffic congestion. Signs may be approved on the same highway as the business, or its legal on-premises signing only when, in the opinion of the Travel Information Council or its district committees, the traveling public is placed in an unsafe situation without one or more official business directional signs. For the purposes of this chapter, an unsafe situation shall exist when there is insufficient visibility of a business’ on-premises signing that cannot be improved by the applicant business. Adequate visibility shall be determined by the Travel Information Council in consultation with the Agency of Transportation.

(c) When the signs at one location are too numerous, or when highway safety requires for other reasons, as determined by the Travel Information Council, the signs may be removed and the applicant business given the option to purchase advertising plaques on information plazas, located and designed so that drivers of motor vehicles may leave the main traffic lanes and inspect them. Information plazas may contain maps and other information, depending on space availability, and may have telephone and other information facilities attached to them. Sign plazas shall include the international symbol to indicate that gasoline service is available to people with disabilities. The Agency of Commerce and Community Development shall be responsible for the costs of installing new information plazas and for the installation of advertising plaques on State-owned information plazas, provided that the Secretary of Commerce and Community Development or designee gives prior approval for such costs and installation. If it is not practical to install information plazas or individual official business directional signs at any given location, because of the number of signs or because of traffic conditions, the Travel Information Council may in its discretion adopt some alternative method for providing information conveniently for travelers, including directions to zones or other geographic areas, and locally operated information booths and offices or multi-facility official business directional signs, or both.

(d) If an official business directional sign cannot be sited in conformity with the traffic safety rules adopted by the Agency of Transportation, a person who believes that he or she is eligible under section 489 of this title for such a sign may request the Secretary of Transportation to grant a variance from the rules, setting forth in the request the physical circumstances or conditions that make it impossible to locate an official business directional sign in strict conformity with the traffic safety rules. The request shall show that variance, if authorized, will not be detrimental to the public welfare or safety and will represent the minimum variance that will afford relief and will represent the least deviation possible from the traffic safety rules. The Secretary’s denial of a variance request under this subsection may be appealed to the Transportation Board within 30 days of the denial. The Board’s determination of such an appeal shall be final.

(Added 1995, No. 46, § 41; amended 1995, No. 190 (Adj. Sess.), § 1(a), (b); 2013, No. 96 (Adj. Sess.), § 33.)

§ 490a Redesignated

[Redesignated]

§ 491 Number of signs

Notwithstanding the provisions of section 499 of this title, the Council shall not issue more than four licenses for official business directional signs for any one place of business eligible therefor under section 490 of this title, not more than one of which is visible to traffic moving in any one direction on any one highway leading to the place, unless the Travel Information Council finds that enforcement of this subsection will be unreasonable and will result in unnecessary hardship to the applicant.

(Added 1967, No. 333 (Adj. Sess.), § 11, eff. March 23, 1968; amended 1969, No. 92, § 8, eff. April 19, 1969.)

§ 492 Permitted locations

In adopting rules relating to locations for official business directional signs, the Council shall take into consideration such factors as the effect upon highway safety, the convenience of the travelling public, and the preservation of scenic beauty.

(Added 1967, No. 333 (Adj. Sess.), § 12, eff. March 23, 1968; amended 1969, No. 92, § 9, eff. April 19, 1969.)

§ 493 On-premises signs

Owners or occupants of real property may erect and maintain on the property on-premises signs advertising the sale or lease of the property or activities being conducted on the property. Those signs shall be subject to the regulations set forth below.

(1) On-premises signs may be erected or maintained, with a total area of not more than 150 square feet, advertising activities being conducted on the same premises. However, this limitation does not apply to signs existing on May 1, 1971, or attached to or part of the building in which the activities are being carried on. An on-premises sign shall not be located more than 1,500 feet from a main entrance from the highway to the activity or premises advertised. The 1,500-foot distance shall be measured along the centerline of the highway or highways between the sign and a main entrance or a straight line, but only if the difference in elevation between the on-premises sign and a main entrance is more than 100 feet. A main entrance shall be a principal, private roadway or driveway that leads from a public highway to the advertised activity. For the purposes of this subdivision, premises shall not include land that is separated from the activity by a public highway or other intervening land use not related to the advertised activity. Undeveloped land or farmland shall not be considered as an intervening land use.

(2) A sign advertising the sale or lease of real estate by the owner or an agent shall not have an area of more than six square feet, including the panel and the frame. Signs attached to “for sale” or “for lease” signs that state “sold,” “sale pending,” “sale under contract,” or similar messages shall not be permitted.

(3) A permitted on-premises sign shall not extend more than 25 feet above the ground level or, if the sign is attached to or is part of a building, 10 feet above the roof of the building. However, this limitation does not apply to signs existing on November 1, 1967.

(Added 1967, No. 333 (Adj. Sess.), § 13, eff. March 23, 1968; amended 1969, No. 92, § 10, eff. April 19, 1969; 1971, No. 115, § 2, eff. April 26, 1971; 1983, No. 167 (Adj. Sess.), § 8; 1993, No. 121 (Adj. Sess.), § 8; 2021, No. 184 (Adj. Sess.), § 37, eff. July 1, 2022.)

§ 494 Exempt signs

The following signs are exempt from the requirements of this chapter except as indicated in section 495 of this title:

(1) Signs located on or in the rolling stock of common carriers.

(2) Signs on registered and inspected motor vehicles except those that are determined by the Travel Information Council to be circumventing the intent of this chapter.

(3) Signs, with an area of not more than 260 square inches, identifying stops or fare zone limits of common carriers by motor bus.

(4) Signs erected and maintained by or with the approval of a town outside the highway right-of-way, each of which does not exceed 64 square feet in area, excluding panel and frame, which may show the place and time of services or meetings of churches and civic organizations in the town, and which may include a panel which identifies the name of the town, the charter date, the date the town was founded, or any other significant date in the history of the town, and which the town wishes to identify. The panel may bear the wording “welcome to” the particular town. Not more than two such signs may be erected and maintained readable by traffic proceeding in any one direction on any one highway. The signs shall meet the criteria of the Agency of Transportation and the Travel Information Council. A sign that otherwise meets the requirements of this subdivision may refer to a census-designated place within a town rather than the town itself. As used in this subdivision, “census-designated place” means a statistical entity consisting of a settled concentration of population that is identifiable by name, is not legally incorporated under the laws of the State, and is delineated as such a place by the U.S. Census Bureau according to its guidelines.

(5) Residential directional signs, each of which does not exceed four square feet in area, along highways other than limited-access facilities (but not within the highway right-of-way), except that a license is required if the person maintains a professional, commercial, or business activity at this residence and wishes to indicate its existence.

(6)(A) Official traffic control signs, including signs on limited access highways, consistent with the Manual on Uniform Traffic Control Devices (MUTCD) adopted under 23 V.S.A. § 1025, directing persons to:

(i) other towns;

(ii) international airports;

(iii) postsecondary educational institutions;

(iv) cultural and recreational destination areas;

(v) nonprofit diploma-granting educational institutions for persons with disabilities; and

(vi) official State visitor information centers.

(B) After having considered the six priority categories in subdivision (A) of this subdivision (6), the Travel Information Council may approve installation of a sign for any of the following provided the location is open a minimum of 120 days each year and is located within 15 miles of an interstate highway exit:

(i) nonprofit museums;

(ii) cultural and recreational attractions owned by the State or federal government;

(iii) officially designated scenic byways;

(iv) park and ride or multimodal centers; and

(v) fairgrounds or exposition sites.

(C) The Agency of Transportation may approve and erect signs, including signs on limited access highways, consistent with the MUTCD, directing persons to State-owned airports and intercity passenger rail stations located within 25 miles of a limited access highway exit.

(D) Notwithstanding the limitations of this subdivision (6), supplemental guide signs consistent with the MUTCD for the President Calvin Coolidge State Historic Site may be installed at the following highway interchanges:

(i) Interstate 91, Exit 9 (Windsor); and

(ii) Interstate 89, Exit 1 (Quechee).

(E) Signs erected under this subdivision (6) shall not exceed a maximum allowable size of 80 square feet.

(7) Signs of a duly constituted governmental body, including traffic and similar regulatory devices, legal notices, or warnings at railroad crossings.

(8) Small signs displayed for the direction, instruction, or convenience of the public, including signs which identify rest rooms, freight entrances, posted areas or the like, with a total surface area not exceeding four square feet.

(9) Signs to be maintained for not more than two weeks announcing an auction, or a campaign, drive, or event of a civic, philanthropic, or religious organization.

(10) Memorial signs or tablets.

(11) Signs erected by county fairs and expositions for a period not to exceed six weeks.

(12) Directional signs, subject to regulations adopted by the Federal Highway Administration, with a total surface area not to exceed six square feet providing directions to places of business offering for sale agricultural products harvested or produced on the premises where the sale is taking place, or to farmers’ markets that are members of the Vermont Farmers’ Market Association selling Vermont agricultural products.

(13) Murals that relate exclusively to a downtown designated under 24 V.S.A. chapter 76A, whether located within or outside the designated downtown itself, provided that all of the following apply: the mural is hand-painted; it is painted directly on the outside surface of a structure that has been in existence on the site for at least the preceding 25 years; it is located no more than three miles from the designated downtown; its placement has been authorized by the legislative body of the municipality in which it is located; and any words used pertain only to the direction or distance to, and the name of, the designated downtown. A mural exempted under this subdivision that is visible from the off-ramp of a limited access facility and not otherwise visible from such a facility shall also be exempt from compliance with subsection 495(b) of this title.

(14) Up to two directional signs with a surface area not to exceed one square foot per sign, erected by a town on any existing highway signpost on highways over which the town has jurisdiction, except class 1 town highways. The colors of the directional signs shall be in contrast to the colors used on highway signs. Directional signs on the same highway signpost shall be for different purposes. The erection of signs shall be under guidelines adopted by the town. Towns may charge a reasonable fee for the installation of approved signs.

(15) Municipal informational and guidance signs. A municipality may provide alternative signs of a guidance or informational nature and creative design to assist persons in reaching destinations that are transportation centers, geographic districts, historic monuments, and significant or unique educational, recreational, or cultural landmarks, including farmers’ markets that are members of the Vermont Farmers’ Market Association selling Vermont agricultural products, provided that such destinations are not private, for-profit enterprises. A proposal to provide alternative signs shall contain color, shape, and sign placement requirements that shall be of a uniform nature within the municipality. The surface area of alternative signs shall not exceed 12 square feet, and the height of such signs shall not exceed 12 feet in height. The proposal shall be approved by the municipal planning commission for submission to and adoption by the local legislative body. Alternative signs shall be responsive to the particular needs of the municipality and to the values expressed in this chapter. These proposals shall be subject to and consistent with any plan duly adopted pursuant to 24 V.S.A. chapter 117, shall be enforced under the provisions of 24 V.S.A. §§ 4444 and 4445 and may emphasize each municipality’s special characteristics. No fees shall be assessed against a municipality that provides signs under this section and, upon issuance of permits under 19 V.S.A. § 1111, such signs may be placed in any public right-of-way other than interstates. This section shall take effect upon the Travel Information Council securing permission for alternative municipal signs in accordance with 23 V.S.A. § 1029.

(16) Signs displaying a message of congratulations, condolences, birthday wishes, or displaying a message commemorating a personal milestone or event; provided, however, any such message is maintained for not more than two weeks.

(17) Within a downtown district designated under the provisions of 24 V.S.A. chapter 76A, municipal information and guidance signs. A municipality may erect alternative signs to provide guidance or information to assist persons in reaching destinations that are transportation centers, geographic districts, and significant or unique educational, recreational, historic, or cultural landmarks, including farmers’ markets that are members of the Vermont Farmers’ Market Association selling Vermont agricultural products. A proposal to provide alternative signs shall contain color, shape, and sign placement requirements that shall be uniform within the municipality. The surface area of alternative signs shall not exceed 12 square feet, and the highest point of such signs shall not exceed 12 feet above the ground, road surface, or sidewalk. The proposal shall be approved by the municipal planning commission for submission to and adoption by the local legislative body. The sign proposal then shall be submitted to the Travel Information Council for final approval. Denial may be based only on safety considerations. Reasons for denial shall be stated in writing. Alternative signs shall be responsive to the particular needs of the municipality and to the values expressed in this chapter. These proposals shall be subject to and consistent with any municipal plan duly adopted pursuant to 24 V.S.A. chapter 117, shall be enforced under the provisions of 24 V.S.A. §§ 4444 and 4445, and may emphasize each municipality’s special characteristics. No fees shall be assessed against a municipality that provides signs under this section and upon issuance of permits under 19 V.S.A. § 1111, such signs may be placed in any public right-of-way other than an interstate highway. Notwithstanding subdivision 495(a)(7) or any other provision of this title or of 23 V.S.A. § 1029, alternative signs permitted under this subsection shall not be required to comply with any nationally recognized standard.

(18)(A) A sign that is a banner erected over a highway right-of-way for not more than 21 days if the bottom of the banner is not less than 16 feet 6 inches above the surface of the highway and is securely fastened with breakaway fasteners and the proposed banner has been authorized by the legislative body of the municipality in which it is located.

(B) As used in this subdivision (18), “banner” means a sign that is constructed of soft cloth or fabric or flexible material such as vinyl or plastic cardboard.

(Added 1967, No. 333 (Adj. Sess.), § 14, eff. March 23, 1968; amended 1971, No. 115, § 3, eff. April 26, 1971; 1979, No. 135 (Adj. Sess.), § 2; 1983, No. 167 (Adj. Sess.), § 9; 1991, No. 197 (Adj. Sess.), § 1; 1991, No. 207 (Adj. Sess.), §§ 1, 2; 1991, No. 220 (Adj. Sess.), § 1; 1993, No. 121 (Adj. Sess.), § 8a; 1995, No. 190 (Adj. Sess.), § 12b; 1997, No. 120 (Adj. Sess.), § 8; 1997, No. 150 (Adj. Sess.), § 6; 1999, No. 18, §§ 41e, 41g(c), eff. May 13, 1999; 1999, No. 156 (Adj. Sess.), § 33, eff. May 29, 2000; 2003, No. 160 (Adj. Sess.), § 59, eff. June 9, 2004; 2007, No. 164 (Adj. Sess.), § 55; 2009, No. 51, § 4; 2011, No. 62, § 29, eff. June 1, 2011; 2015, No. 158 (Adj. Sess.), § 53; 2017, No. 158 (Adj. Sess.), § 17; 2019, No. 50, § 1; 2021, No. 55, § 35.)

§ 495 Other regulations applying to permitted signs

(a) No official business directional sign, on-premises sign, residential directional sign, or exempt sign may be erected or maintained, along a highway and visible from the highway, that:

(1) Interferes with, imitates or resembles any official traffic control sign, signal or device, or attempts or appears to attempt to direct the movement of traffic.

(2) Prevents the driver of a motor vehicle from having a clear and unobstructed view of official traffic control signs and approaching or merging traffic.

(3) Contains, includes, or is illuminated by any flashing intermittent or moving lights, or moves or has any animated or moving parts, except that this restriction shall not apply to a traffic control sign, barber poles, theatre marquees that are determined by the Travel Information Council to contribute to the historic significance of a building listed, or eligible for listing, in the national register of historic places and that are operated in accordance with any conditions prescribed by the travel information council, or signs of a public service nature as determined by the Travel Information Council.

(4) Has any lighting, unless such lighting is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main travelled way of a highway, or is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle or otherwise to interfere with the operation thereof.

(5) Is located upon a tree, or painted or drawn upon a rock or other natural feature, except that this restriction shall not apply to residential directional signs.

(6) Advertises or calls attention to a business or other activity, or a profession, commodity, product, service, or entertainment not carried on, produced, sold, or offered in this State, or to an activity of any kind which has already occurred or has otherwise terminated.

(7) Is in violation of or at variance with any federal law or regulation, including one containing or providing for conditions to or affecting the allocation of federal highway or other funds to or for the benefit of this State or any subdivision thereof.

(b) No on-premises or exempt sign may be erected if it is so located as to be readable primarily from a limited access facility.

(c) No on-premises sign, residential directional, or exempt sign may be erected or maintained that:

(1) Advertises activities that are illegal under any State or federal law applicable at the location of the sign or of the activities.

(2) Is not clean or in good repair.

(3) Is not securely affixed to a substantial structure.

(4) Is not consistent with the standards in this chapter or regulations of the Travel Information Council.

(d) Notwithstanding any other provisions of this title, a person, firm, or corporation shall not erect or maintain any outdoor advertising structure, device, or display within the limits of the highway right-of-way; however, this limitation shall not apply to the signs and devices referred to in subdivisions 494(1), (2), (3), (6), (7), (10), (14), and (17) of this title.

(e) Except on those highways maintained exclusively by the Agency of Transportation and on limited access facilities, the limitation established by subsection (d) of this section shall not apply to the signs and devices referred to in subdivisions 494(9) and (11) of this title.

(f) Except on limited access facilities, the limitation established by subsection (d) of this section shall not apply to the signs referred to in subdivision 494(18) of this title.

(Added 1967, No. 333 (Adj. Sess.), § 15, eff. March 23, 1968; amended 1969, No. 92, § 17, eff. April 19, 1969; 1977, No. 13; 1983, No. 167 (Adj. Sess.), §§ 10, 11; 1985, No. 97, eff. May 30, 1985; 1991, No. 220 (Adj. Sess.), § 2; 1993, No. 121 (Adj. Sess.), § 9; 1997, No. 120 (Adj. Sess.), § 9; 1999, No. 18, § 41h, eff. May 13, 1999; 2019, No. 50, § 2.)

§ 496 Repealed

[Repealed]

1993, No. 121 (Adj. Sess.), § 10.

§ 497 Removal of signs

The owner of a sign that is not licensed under this chapter and that is not a legal on-premises or exempt sign meeting the requirements set forth in this chapter, other than a sign that was lawfully erected and maintained prior to March 23, 1968, shall be in violation of this chapter until it is removed. The Travel Information Council, or the Secretary of Transportation or designee pursuant to authority delegated by the Council, may, upon failure of the owner to remove such sign, order its removal by the Agency of Transportation, and the Agency of Transportation shall thereupon remove the sign without notice or further proceeding, at the expense of the owner. The expense may be recovered by the State in an action on this statute, that shall be instituted in the Superior Court in the unit for the area in which the sign is located. A copy of the notice of removal shall be sent by certified mail to the owner at the last known address. If an illegal sign is re-erected after the initial removal notice is executed, the Agency of Transportation shall have the authority to remove that illegal sign without additional prior notice to the owner. The Agency of Transportation or the legislative body of a municipality shall have the authority to remove or relocate, or both, without prior notice, any sign, device, or display that is temporary in nature and not affixed to a substantive structure that is erected within 24.75 feet of the actual centerline of any highway under its jurisdiction and within the public highway right-of-way.

(Added 1967, No. 333 (Adj. Sess.), § 17, eff. March 23, 1968; amended 1969, No. 92, § 12, eff. April 19, 1969; 1983, No. 167 (Adj. Sess.), § 13; 1993, No. 121 (Adj. Sess.), § 11; 2009, No. 154 (Adj. Sess.), § 61.)

§ 498 Repealed

[Repealed]

1993, No. 121 (Adj. Sess.), § 12.

§ 499 Applications and licensing of official business directional signs

(a) Any person who believes that he or she is eligible under section 489 of this title for an official business directional sign may submit a written application on a form prescribed by the Travel Information Council. The application shall set forth the name and address of the applicant; the name, nature, and location of the business; the location where an official business directional sign is desired; and such other information as the Council may require. The applicant shall tender with the application the standard license fee stated in section 501 of this title for each sign requested.

(b) Upon receipt of an application for an official business directional sign, the Travel Information Council shall refer the application to the appropriate district committee of the Travel Information Council with a report and the facts relative to the location. The committee shall approve or disapprove the application. The committee shall not approve an application unless the requested location conforms to the rules of the Agency of Transportation under section 490 of this title and of the Council and, in the case of town highways, of the town’s selectboard, and the applicant is complying with all statutes and rules of the Departments of Health and Labor regarding places of public accommodation. If the application is approved, the Council shall issue the license and forward a copy to the division of the Agency of Transportation responsible for erection and maintenance of official highway signs. If it is not approved, the Travel Information Council shall return the application and fee, stating the reasons for refusal and giving the applicant opportunity to correct any defects or to be heard within 30 days by the Travel Information Council, and to present evidence, with or without counsel in his or her discretion. Upon written request, the Council shall hear the matter and notify the applicant of its findings and decision. The applicant may then appeal on questions of law to the Supreme Court.

(c) The Travel Information Council shall establish a procedure and schedule for periodic on-site evaluation of licenses that have been granted, to determine whether such licenses have been issued in conformance with the rules of the Agency of Transportation and the Travel Information Council under section 490 of this title.

(d) The Travel Information Council shall have the authority to deny renewal of those licenses that are found to violate the rules of the Agency of Transportation and the Travel Information Council. A licensee who is denied renewal shall have the right to appeal under subsection (b) of this section.

(Added 1967, No. 333 (Adj. Sess.), § 19, eff. March 23, 1968; amended 1969, No. 92, § 13, eff. April 19, 1969; 1983, No. 167 (Adj. Sess.),§§ 14, 15; 1993, No. 172 (Adj. Sess.), § 12.)

§ 500 Repealed

[Repealed]

1969, No. 92, § 18, eff. April 19, 1969.

§ 501 Fees

Subject to the provisions of subsection 486(c) of this title, an applicant for an official business directional sign or an information plaza plaque shall pay to the Travel Information Council an initial license fee and an annual renewal fee as established by this section.

(1) Initial license fees shall be as follows:

(A) for full-sized or half-sized business directional signs, $175.00 per sign;

(B) for information plaza plaques, $25.00 per plaque; however, if more than one plaque is requested by a business at the same time, a ten percent discount shall be given on the second and subsequent plaques.

(2) Annual renewal fees shall be as follows:

(A) for full and half-sized official business directional signs, $100.00 per sign;

(B) information plaza plaques, $25.00 per plaque.

(Added 1967, No. 333 (Adj. Sess.), § 21, eff. March 23, 1968; amended 1969, No. 92, § 14, eff. April 19, 1969; 1983, No. 168 (Adj. Sess.); 2009, No. 50, § 61; 2009, No. 123 (Adj. Sess.), § 54.)

§ 502 Repealed

[Repealed]

1993, No. 121 (Adj. Sess.), § 12.

§ 503 Penalty

A person who violates this chapter shall be assessed a civil penalty of not more than $50.00. Each day the violation continues shall be a separate offense.

(Added 1967, No. 333 (Adj. Sess.), § 23, eff. March 23, 1968; amended 1969, No. 92, § 16, eff. April 19, 1969; 2019, No. 59, § 48.)

§ 504 Repealed

[Repealed]

1993, No. 121 (Adj. Sess.), § 12.

§ 505 Relation to other laws; local ordinances

(a) This chapter shall not supersede the provisions of any local ordinances whose requirements are more strict than those of this chapter, and not inconsistent therewith, whether those ordinances were enacted before or after the effective date of this chapter.

(b) The provisions of this chapter with respect to sign control are not exclusive of any rights or remedies provided the Agency of Transportation and the legislative bodies of municipalities, in their respective jurisdictions, by Title 19, any other statute, municipal charter or ordinance, the doctrines of equity, or the common law.

(1967, No. 333 (Adj. Sess.), § 25; amended 1993, No. 121 (Adj. Sess.), § 13.)

§ 506 Newspaper or other vending machines; delivery tubes

(a) Newspaper or other vending machines may be allowed within the highway right-of-way subject to the requirements of 19 V.S.A. § 1111.

(b) The copy permitted on newspaper delivery tubes shall be limited to identification markings that do not occupy a space of more than six square inches.

(Added 1993, No. 121 (Adj. Sess.), § 14.)

Chapter 22 The Vermont Training Program

§ 531 The Vermont Training Program

(a) Authority.

(1) The Secretary of Commerce and Community Development, in consultation with the State Workforce Development Board, shall have the authority to design and implement a Vermont Training Program, the purpose of which shall be to issue performance-based grants to employers and to education and training providers to increase employment opportunities in Vermont consistent with this chapter.

(2) The Secretary shall structure the Vermont Training Program to serve as a flexible, nimble, and strategic resource for Vermont businesses and workers across all sectors of the economy.

(b) Eligibility for grant. The Secretary of Commerce and Community Development may award a grant to an employer if:

(1) the training is for preemployment, new employees, or incumbent employees in the methods, either singularly or in combination, relating to preemployment training, on-the-job training, upgrade training, crossover training, or specialized instruction, either on-site or through a training provider;

(2) the employer provides its employees with at least three of the following:

(A) health care benefits with 50 percent or more of the premium paid by the employer;

(B) dental assistance;

(C) paid vacation;

(D) paid holidays;

(E) child care;

(F) other extraordinary employee benefits;

(G) retirement benefits;

(H) other paid time off, excluding paid sick days;

(3) the training is directly related to the employment responsibilities of the trainee; and

(4) compensation for each trainee at the completion of the training program equals or exceeds the livable wage as defined in 2 V.S.A. § 526, provided that the Secretary shall have the authority to modify this requirement if he or she determines that the employer offers compensation or benefits, the value of which exceeds the compensation and benefit assumptions in the basic needs budget and livable wage calculated pursuant to 2 V.S.A. § 526.

(c) Disclosure. In the case of a grant to a training provider, the Secretary shall require as a condition of the grant that the provider shall disclose to the Secretary the name of the employer and the number of employees trained prior to final payment for the training.

(d) Conditions. In order to avoid duplication of programs or services and to provide the greatest return on investment from training provided under this section, the Secretary of Commerce and Community Development shall:

(1) consult with the Commissioner of Labor regarding whether the grantee has accessed, or is eligible to access, other workforce education and training resources;

(2) disburse grant funds only for training hours that have been successfully completed by employees, provided that:

(A) a grant for on-the-job training shall either provide not more than 50 percent of wages for each employee in training or not more than 50 percent of trainer expense, but not both; and

(B) training shall be performed in accordance with a training plan that defines the subject of the training, the number of training hours, and how the effectiveness of the training will be evaluated; and

(3) use funds under this section only to supplement training efforts of employers and not to replace or supplant training efforts of employers.

(e) Work-based learning activities.

(1) In addition to eligible training authorized in subsection (b) of this section, the Secretary of Commerce and Community Development may annually allocate up to 10 percent of the funding appropriated for the Program to fund work-based learning programs and activities with eligible employers to introduce Vermont students in a middle school, secondary school, career technical education program, or postsecondary school to manufacturers and other regionally significant employers.

(2) An employer with a defined work-based learning program or activity developed in partnership with a middle school, secondary school, career technical education program, or postsecondary school may apply to the Program for a grant to offset the costs the employer incurs for the work-based learning program or activity, including the costs of transportation, curriculum development, and materials.

(f) Certificate. Upon completion of the training program for any individual, the Secretary of Commerce and Community Development shall review the records and shall award to the trainee, if appropriate, a certificate of completion for the training.

(g)-(j) [Repealed.]

(k) Report. Annually on or before January 15, the Secretary shall submit a report to the House Committee on Commerce and Economic Development and the Senate Committee on Economic Development, Housing and General Affairs. In addition to the reporting requirements under section 540 of this title, the report shall identify:

(1) all active and completed contracts and grants;

(2) from among the following, the category the training addressed:

(A) preemployment training or other training for a new employee to begin a newly created position with the employer;

(B) preemployment training or other training for a new employee to begin in an existing position with the employer;

(C) training for an incumbent employee who, upon completion of training, assumes a newly created position with the employer;

(D) training for an incumbent employee who, upon completion of training assumes a different position with the employer;

(E) training for an incumbent employee to upgrade skills;

(3) for the training identified in subdivision (2) of this subsection whether the training is on-site or classroom-based;

(4) the number of employees served;

(5) the average wage by employer;

(6) any waivers granted;

(7) the identity of the employer, or, if unknown at the time of the report, the category of employer;

(8) the identity of each training provider;

(9) whether training results in a wage increase for a trainee, and the amount of increase;

(10) the aggregated median wage for employees invoiced for training during the reporting period;

(11) the percentage growth in wages and the percentage growth in the median wage for all wage earners in the State during the reporting period; and

(12) the number, type, and description of grants for work-based learning programs and activities awarded pursuant to subsection (e) of this section.

(Added 1977, No. 214 (Adj. Sess.), § 1, eff. April 12, 1978; amended 1981, No. 211 (Adj. Sess.); 1985, No. 172 (Adj. Sess.), § 5; 1989, No. 66; 1991, No. 50, § 230; 1993, No. 89, § 3, eff. June 15, 1993; 1995, No. 46, § 33; 1995, No. 190 (Adj. Sess.), § 1(b); 1997, No. 66 (Adj. Sess.), § 67a, eff. Feb. 20, 1998; 1997, No. 71 (Adj. Sess.), § 54; 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 122 (Adj. Sess.), § 233a; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 174 (Adj. Sess.), § 16; 2007, No. 46, § 3, eff. May 23, 2007; 2009, No. 78 (Adj. Sess.), § 14a, April 15, 2010; 2009, No. 146 (Adj. Sess.), § G13, eff. June 1, 2010; 2011, No. 52, § 10, eff. May 27, 2011; 2013, No. 176 (Adj. Sess.), § 2; 2013, No. 199 (Adj. Sess.), § 42; 2015, No. 51, § G.4, eff. Jan. 1, 2015; 2015, No. 157 (Adj. Sess.), § H.2, eff. Jan. 1, 2017; 2015, No. 157 (Adj. Sess.), §§ D.1, K.2; 2019, No. 14, § 13, eff. April 30, 2019; 2019, No. 80, § 2.)

Chapter 22A Workforce Education and Training

§ 540 Workforce education and employment and training leaders

(a) The Commissioner of Labor and the Executive Director of the Office of Workforce Strategy and Development shall be the leaders of workforce education and employment and training in the State and shall have the authority and responsibility for the coordination of the State’s workforce system as provided in this section.

(b) The powers and duties provided in this section shall not limit, restrict, or suspend any similar powers the Commissioner of Labor or the Executive Director of the Office of Workforce Strategy and Development may have under other provisions of law.

(c) For purposes of the federal Workforce Innovation and Opportunity Act (WIOA), the Department of Labor shall be designated as the State Workforce Agency and the Commissioner of Labor shall serve as the State Workforce Administrator.

(d) As co-leader of workforce education and employment and training in the State, the Commissioner of Labor, in consultation with the Executive Director of the Office of Workforce Strategy and Development where appropriate, shall:

(1) ensure the coordination and administration of workforce education and employment and training programs operated by the Department of Labor;

(2) enter into agreements, to the extent necessary, with other State agencies and departments for services to improve the employment and economic outcomes for individuals receiving public assistance, including agreements to provide customized or specialized services that are beyond the basic services required by federal law;

(3) develop strategies and provide support to entities responsible for federal investments in the State’s workforce system;

(4)(A) develop strategies designed to reduce employee layoffs and business closures; and

(B) provide reemployment services to employees affected by layoffs and closures;

(5) administer a system where employment and training resources are provided to individuals and businesses through both physical and virtual service delivery methods;

(6) establish job centers in such parts of the State as the Commissioner deems necessary and evaluate such centers on an as-needed basis;

(7) maintain a free and secure electronic job board that, to the extent practicable, compiles all available job, registered apprenticeship, education and training, and credentialing opportunities that support job seekers and career advancers;

(8) use data to ensure that State workforce education and employment and training activities are aligned with the needs of the:

(A) available workforce;

(B) employers to fill their current and future job openings; and

(C) specific credentials required by employers;

(9) require that each business, training provider, or other entity receiving State funding to conduct workforce training submit a report that evaluates the results of the training; and

(10) notwithstanding any provision of State law to the contrary, and to the fullest extent allowed under federal law, ensure that the program administrator in each State and State-funded workforce education and employment and training program collects and reports data and results at the individual level by Social Security number or equivalent.

(e) As co-leader of workforce education and employment and training in the State, the Executive Director of the Office of Workforce Strategy and Development, in consultation with the Commissioner of Labor and the State Workforce Development Board where appropriate, shall:

(1) advise the Governor and members of the Governor’s cabinet on the establishment and management of an integrated system of workforce education and training in Vermont;

(2) coordinate across public and private sectors to identify and address labor force needs and ensure that workforce development program information is easily accessible to students, employees, and businesses;

(3) develop a comprehensive workforce strategy that contains measurable statewide workforce goals along with a biennial operational plan to achieve those goals that shall:

(A) be developed in collaboration with, and representative of, workforce system partners, including public, private, nonprofit, and educational sectors and the State Workforce Development Board;

(B) include a set of metrics, designed in consultation with the Agency of Administration’s Chief Performance Office, used to evaluate the effectiveness of, to the extent practicable, all workforce development programs;

(C) align with and build upon other required strategic planning efforts, including the WIOA State Plan;

(D) be informed by the inventory system as set forth in subdivision (4) of this subsection (e); and

(E) be reviewed and updated as necessary, but at least once every two years;

(4) create, maintain, and update a publicly accessible inventory of all known workforce education and employment and training programs and activities in the State in order to:

(A) annually assess the investments and effectiveness of the workforce development system;

(B) ensure coordination and nonduplication of workforce education and employment and training activities; and

(C) identify best practices and gaps in the delivery of workforce education and employment and training programs;

(5) identify and manage priority projects specific to regional workforce needs;

(6) facilitate effective communication between the business community, State and local government, and public and private educational institutions, for the purpose of workforce pipeline development and job placement;

(7) coordinate intentional outreach and connections between students and employment opportunities in the State; and

(8) ensure the State Workforce Development Board is carrying out its duties and responsibilities as set forth in section 541a of this chapter.

(f)(1) The Executive Director of the Office of Workforce Strategy and Development shall, once every two years, issue a comprehensive biennial workforce report to the Governor, the House Committees on Appropriations and on Commerce and Economic Development, and the Senate Committees on Appropriations and on Economic Development, Housing and General Affairs, on or before December 1, that includes an evaluation of the accomplishments of the State workforce investment system and the performance of participating agencies and institutions covering the previous two calendar years. The report shall include identification of system priorities, need for future funding requests, identification of proposed legislative and administrative changes, and any other information relevant to the performance and future needs of the workforce investment system. The report shall summarize performance and outcome information submitted by federally and State-funded workforce development and investment programs for all public and nonpublic programs.

(2) To the extent practicable, workforce reports required of the Department of Labor, including the apprenticeship report required by 21 V.S.A. § 1113(e)(2), shall be incorporated into the comprehensive report required by subdivision (1) of this subsection.

(3) The Executive Director of the Office of Workforce Strategy and Development shall have the support and coordination of the Department of Labor in developing and submitting the biennial report required by subdivision (1) of this subsection.

(4) The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under subdivision (1) of this subsection.

(Added 2013, No. 199 (Adj. Sess.), § 41; amended 2015, No. 11, § 9; 2015, No. 157 (Adj. Sess.), § K.1; 2017, No. 154 (Adj. Sess.), § 19, eff. May 21, 2018; 2017, No. 189 (Adj. Sess.), § 15; 2025, No. 65, § 7, eff. July 1, 2025.)

§ 541 Office of Workforce Strategy and Development

(a) There is created within the Executive Branch the Office of Workforce Strategy and Development.

(b) The Office of Workforce Strategy and Development shall have the administrative, legal, and technical support of the Department of Labor.

(c) There shall be at least two full-time staff to accomplish the duties of the Office. One of these staff positions shall be the Executive Director of the Office of Workforce Strategy and Development, who shall be an exempt employee and who shall report to and be under the general supervision of the Governor. Another position shall be a staff member, who shall be a classified employee, who shall support the work of the Executive Director, and who shall report to and be under the general supervision of the Executive Director.

(d) The Executive Director of the Office of Workforce Strategy and Development shall:

(1) coordinate the efforts of workforce development in the State;

(2) oversee the affairs of the State Workforce Development Board;

(3) work with State agencies and private partners to:

(A) develop strategies for comprehensive and integrated workforce education and training;

(B) manage the collection of outcome information; and

(C) align workforce efforts with other State strategies; and

(4) perform other workforce development duties as directed by the Governor.

(e) The Governor shall appoint the Executive Director with the advice and consent of the Senate, and the Executive Committee of the State Workforce Development Board may provide a list to the Governor of recommended candidates for Executive Director.

(Added 2023, No. 146 (Adj. Sess.), § 1, eff. July 1, 2024.)

§ 541a State Workforce Development Board; Executive Committee

(a) Board established; duties. Pursuant to the requirements of 29 U.S.C. § 3111, the Governor shall establish the State Workforce Development Board to assist the Governor in the execution of his or her duties under the Workforce Innovation and Opportunity Act of 2014 and to assist the Commissioner of Labor as specified in section 540 of this title.

(b) Additional duties; planning; process.

(1) To inform its decision making and to provide effective assistance under subsection (a) of this section, the Board shall:

(A) conduct an ongoing public engagement process throughout the State that brings together employers and potential employees, including students, the unemployed, and incumbent employees seeking further training, to provide feedback and information concerning their workforce education and training needs; and

(B) maintain familiarity and promote alignment with the federal, State, and regional Comprehensive Economic Development Strategies and other economic development planning processes and coordinate workforce and education activities in the State, including the development and implementation of the State plan required under the Workforce Innovation and Opportunity Act of 2014, with economic development planning processes occurring in the State, as appropriate.

(2) To ensure that State-funded and federally funded workforce development and training efforts are of the highest quality and aligned with the State’s workforce and economic goals, the Board shall regularly:

(A) review and approve State-endorsed Career Pathways that reflect a shared vision across multiple sectors and agencies for improving employment outcomes, meeting employers’ and workers’ needs, and leveraging available State and federal funding; and

(B) publicize the State-endorsed Career Pathways, including on websites managed by the Agency of Education, Department of Labor, and Department of Economic Development.

(3) The Board shall have the authority to approve State-endorsed and industry-recognized credentials and certificates, excluding high school diplomas and postsecondary academic degrees, that are aligned with the Career Pathways.

(c) Membership. The Board shall consist of the Governor and the following members who are appointed by the Governor and serve at the Governor’s pleasure unless otherwise indicated, in conformance with the federal Workforce Innovation and Opportunity Act (WIOA), and who shall be selected from diverse backgrounds to represent the interests of ethnic and diverse communities and represent diverse regions of the State, including urban, rural, and suburban areas:

(1) one member of the Vermont House of Representatives, who shall serve for the duration of the biennium, appointed by the Speaker of the House;

(2) one member of the Vermont Senate, who shall serve for the duration of the biennium, appointed by the Senate Committee on Committees;

(3) four members who are core program representatives, as follows:

(A) the Commissioner of Labor or designee, for the Adult, Dislocated Worker, and Youth program and Wagner-Peyser;

(B) the Secretary of Education or designee, for the Adult Education and Family Literacy Act program;

(C) the Secretary of Human Services or designee, for the Vocational Rehabilitation program; and

(D) the Secretary of Commerce and Community Development or designee;

(4) six workforce representatives, as follows:

(A) two representatives from labor organizations operating in this State who are nominated by a State labor federation;

(B) one representative from a State-registered apprenticeship program; and

(C) three representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, which may include:

(i) organizations that serve veterans;

(ii) organizations that provide or support competitive, integrated employment for individuals with disabilities;

(iii) organizations that support the training or education needs of eligible youth as described in 20 C.F.R. § 681.200, including representatives of organizations that serve out-of-school youth as described in 20 C.F.R. § 681.210; and

(iv) organizations that connect volunteers in national or State service programs to the workforce;

(5) two elected local government officials who represent a city or town within different regions of the State; and

(6) 13 business representatives who:

(A) are owners, chief executives, or operating officers of businesses, including nonprofits, or other business executives with optimum policymaking or hiring authority, with at least one member representing a small business as defined by the U.S. Small Business Administration;

(B) represent businesses with employment opportunities that reflect in-demand sectors and employment opportunities in the State; and

(C) are appointed from among individuals nominated by State business organizations and business trade associations.

(d) Operation of Board.

(1) Executive Committee.

(A) Creation. There is created an Executive Committee that shall manage the affairs of the Board.

(B) Members. The members of the Executive Committee shall comprise the following:

(i) the Chair of the Board;

(ii) the Commissioner of Labor or designee;

(iii) the Secretary of Education or designee;

(iv) the Secretary of Human Services or designee;

(v) the Secretary Commerce and Community Development or designee;

(vi) two business representatives, appointed by the Chair of the Board, who serve on the Board; and

(vii) two workforce representatives, appointed by the Chair of the Board, who serve on the Board.

(C) Meetings. The Chair of the Board shall chair the Executive Committee. The Executive Committee shall meet at least once monthly and shall hold additional meetings upon call of the Chair.

(D) Duties. The Executive Committee shall have the following duties and responsibilities:

(i) recommend to the Board changes to the Board’s rules or bylaws;

(ii) establish one or more subcommittees as it determines necessary and appropriate to perform its work; and

(iii) other duties as provided in the Board’s bylaws.

(2) Member representation and vacancies.

(A) A member of the State Board may send a designee who meets the requirements of subdivision (B) of this subdivision (2) to any State Board meeting, who shall count toward a quorum, and who shall be allowed to vote on behalf of the Board member for whom the individual serves as a designee.

(B) Members of the State Board or their designees who represent organizations, agencies, or other entities shall be individuals with optimum policymaking authority or relevant subject matter expertise within the organizations, agencies, or entities.

(C) The Chair of the Board shall provide notice within 30 days after a vacancy on the Board to the relevant appointing authority, which shall appoint a replacement within 90 days after receiving notice.

(3) Chair. The Governor shall select a chair for the Board from among the business representatives appointed pursuant to subdivision (c)(6) of this section.

(4) Meetings. The Board shall meet at least three times annually and shall hold additional meetings upon call of the Chair.

(5) Committees; work groups; ad hoc committees. The Chair, in consultation with the Commissioner of Labor, may:

(A) assign one or more members or their designees to standing committees, ad hoc committees, or work groups to carry out the work of the Board; and

(B) appoint one or more nonmembers of the Board to a standing committee, ad hoc committee, or work group and determine whether the individual serves as an advisory or voting member, provided that the number of voting nonmembers on a standing committee shall not exceed the number of Board members or their designees.

(6) Quorum meetings; voting.

(A) A majority of the sitting members of the Board shall constitute a quorum, and to be valid any action taken by the Board shall be authorized by a majority of the members present and voting at any regular or special meeting at which a quorum is present.

(B) The Board may permit one or more members to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication, including an electronic, telecommunications, and video- or audio-conferencing conference telephone call, by which all members participating may simultaneously or sequentially communicate with each other during the meeting. A member participating in a meeting by this means is deemed to be present in person at the meeting.

(C) The Board shall deliver electronically the minutes for each of its meetings to each member of the Board and to the Chairs of the House Committees on Education and on Commerce and Economic Development, and to the Senate Committees on Education and on Economic Development, Housing and General Affairs.

(D) The Board may adopt in its bylaws the quorum, membership, and procedural requirements for standing committees.

(7) Reimbursement.

(A) Legislative members of the Board shall be entitled to compensation and expenses as provided in 2 V.S.A. § 23.

(B) Unless otherwise compensated by his or her employer for performance of his or her duties on the Board, a nonlegislative member of the Board shall be eligible for per diem compensation of $50.00 per day for attendance at a meeting of the Board, and for reimbursement of his or her necessary expenses, which shall be paid through funds available for that purpose under the Workforce Innovation and Opportunity Act of 2014.

(8) Conflict of interest. A member of the Board shall not:

(A) vote on a matter under consideration by the Board:

(i) regarding the provision of services by the member, or by an entity that the member represents; or

(ii) that would provide direct financial benefit to the member or the immediate family of the member; or

(B) engage in any activity that the Governor determines constitutes a conflict of interest as specified in the State Plan required under 29 U.S.C. § 3112 or 3113.

(9) Sunshine provision. The Board shall make available to the public, on a regular basis through open meetings, information regarding the activities of the Board, including information regarding the State Plan adopted pursuant to 29 U.S.C. § 3112 or 3113 and prior to submission of the State Plan to the U.S. Secretary of Labor, information regarding membership, and, on request, minutes of formal meetings of the Board.

(Added 2013, No. 199 (Adj. Sess.), § 41; amended 2015, No. 157 (Adj. Sess.), § K.1; 2017, No. 189 (Adj. Sess.), § 3; 2019, No. 80, § 19; 2023, No. 146 (Adj. Sess.), § 1, eff. July 1, 2024.)

§ 541b Workforce education and training; duties of other State agencies, departments, and private partners

(a) To ensure the State Workforce Development Board, the Commissioner of Labor, and the Executive Director of the Office of Workforce Strategy and Development are able to fully perform their duties under this chapter, each agency and department within State government, and each person who receives funding from the State, shall comply within a reasonable period of time with a request for data and information made by the Board, the Commissioner, or the Executive Director in furtherance of their duties under this chapter.

(b) The Agency of Commerce and Community Development shall coordinate its work in adopting a statewide economic development plan with the activities of the Board, the Commissioner of Labor, and the Executive Director.

(Added 2013, No. 199 (Adj. Sess.), § 41; amended 2015, No. 157 (Adj. Sess.), § K.1; 2023, No. 146 (Adj. Sess.), § 1, eff. July 1, 2024.)

§ 542 Regional workforce education and training

(a) The Commissioner of Labor, in coordination with the Secretary of Commerce and Community Development, and in consultation with the State Workforce Development Board, is authorized to issue performance grants to one or more persons to perform workforce education and training activities in a region.

(b) Each grant shall specify the scope of the workforce education and training activities to be performed and the geographic region to be served, and shall include performance measures and results to evaluate the grantee’s performance.

(c) The Commissioner of Labor and the Secretary of Commerce and Community Development shall jointly develop a grant process and eligibility criteria, as well as an outreach process for notifying potential participants of the grant program. The Commissioner of Labor shall have final authority to approve each grant.

(Added 1995, No. 45, § 1; amended 1999, No. 27, § 3, eff. May 19, 1999; 1999, No. 119 (Adj. Sess.), § 5, eff. May 18, 2000; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 212 (Adj. Sess.), § 1; 2009, No. 33, § 22; 2009, No. 146 (Adj. Sess.), § G14, eff. June 1, 2010; 2011, No. 52, § 14, eff. May 27, 2011; 2013, No. 199 (Adj. Sess.), § 41; 2015, No. 11, § 10; 2015, No. 157 (Adj. Sess.), § K.1.)

§ 543 Repealed

[Repealed]

(Added 2007, No. 46, § 4, eff. May 23, 2007; amended 2007, No. 182 (Adj. Sess.), § 7, eff. June 2, 2008; 2009, No. 33, § 23; 2009, No. 54, § 9, eff. June 1, 2009; 2009, No. 1 (Sp. Sess.), § E.401.1; 2009, No. 146 (Adj. Sess.), § G14, eff. June 1, 2010; 2011, No. 52, § 13, eff. May 27, 2011; 2013, No. 199 (Adj. Sess.), § 41; 2015, No. 51, § C.3; 2015, No. 157 (Adj. Sess.), § K.1; 2017, No. 69, § E.2, eff. June 28, 2017; 2017, No. 189 (Adj. Sess.), § 10; repealed by 2025, No. 27, § F.164, eff. May 21, 2025; repealed by 2025, No. 27, § F.164, eff. May 21, 2025.)

§§ 544, 545 Repealed

[Repealed]

(Repealed by 2021, No. 183 (Adj. Sess.), § 10, eff. July 1, 2022.)

§ 546 State postsecondary attainment goal

(a) It shall be the goal of the State of Vermont that not less than 70 percent of working-age Vermonters will hold a credential of value, as defined by the State Workforce Development Board, by the year 2025.

(b) It is the policy of the State of Vermont to:

(1) promote awareness of career pathways and the value of postsecondary education and training;

(2) expand access to postsecondary education and training to students of all ages;

(3) increase completion of postsecondary education and training programs by ensuring that Vermonters have the supports they need to succeed; and

(4) maximize partnerships across and within sectors to achieve State workforce development and education goals.

(c) In its annual report required in section 540 of this title, the Department shall include the number of postsecondary credentials awarded and the data sets that are used to inform the report.

(Added 2019, No. 80, § 5.)

§ 547 Work-Based Learning and Training Program

(a) Vermont Work-Based Learning and Training Program. The Department of Labor shall develop the statewide Work-Based Learning and Training Program that serves transitioning secondary and postsecondary students and Vermonters seeking work-based experience as part of a career experience or change and is designed to:

(1) support Vermonters who are graduating from postsecondary education or a secondary CTE program or who are pursuing a career change with a paid on-the-job work experience lasting 12 weeks or fewer;

(2) establish a statewide platform available to all employers to list their internships, returnships, pre-apprenticeships, and registered apprenticeship opportunities and for jobseekers to view and access information about specific opportunities; and

(3) support employers by providing them with assistance in developing and implementing meaningful work-based learning and training opportunities.

(b) Definitions. As used in this section:

(1) “Internship” means a work-based learning experience with an employer where the participant may, but does not necessarily, receive academic credit.

(2) “Returnship” means an on-the-job learning experience for an individual who is returning to the workforce after an extended absence or is seeking a limited-duration on-the-job work experience in a different occupation or occupational setting as part of a career change.

(c) Activities. The Department may use funds appropriated to it for the Program to:

(1) build and administer the Program;

(2) develop an online platform that will connect students and jobseekers with work-based learning and training opportunities within Vermont;

(3) support work-based learning and training opportunities with public and private employers available to prospective workers located in or relocating to Vermont;

(4) promote work-based learning and training as a valuable component of a talent pipeline; and

(5) assist employers in developing meaningful work-based learning and training opportunities.

(d) Data. The Department shall collect the following data:

(1) the total number of participants served;

(2) the number of participants who received wage assistance or other financial assistance as part of this Program and their employment status one year after completion;

(3) the average wage of participants in subdivision (2) of this subsection at the start of the Program and the average wage of participants one year after completion;

(4) the number of work-based learning or training opportunities listed on the platform; and

(5) the number of employers who offered a work-based learning or training opportunity.

(e) State participation. The Department shall engage appropriate State agencies and departments to expand Program opportunities with State government and with entities awarded State contracts.

(f) Reporting. On or before February 15, 2023, the Department shall report Program data to the relevant committees of jurisdiction.

(Added 2021, No. 183 (Adj. Sess.), § 11, eff. July 1, 2022.)

Chapter 23 Air Pollution Control

§ 551 Declaration of policy and purpose

(a) It is hereby declared to be the public policy of this State and the purpose of this chapter to achieve and maintain such levels of air quality as will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of this State, and facilitate the enjoyment of the natural attractions of this State.

(b) It is also declared that local and regional air pollution control programs are to be supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality.

(c) To these ends it is the purpose of this chapter to provide for a coordinated statewide program of air pollution prevention, abatement, and control, for an appropriate distribution of responsibilities among the State and local units of government, and to facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions, and to provide a framework within which all values may be balanced in the public interest.

(Added 1967, No. 310 (Adj. Sess.), § 1.)

§ 552 Definitions

As used in this chapter:

(1) “Agency” means the Agency of Natural Resources.

(2) “Air contaminant” means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, or any combination thereof.

(3) “Air pollution” means the presence in the outdoor atmosphere of one or more air contaminants in such quantities, and duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property. Such effects may result from direct exposure to air contaminants, from deposition of air contaminants to other environmental media, or from alterations caused by air contaminants to the physical or chemical properties of the atmosphere.

(4) [Repealed.]

(5) “Emission” means a release into the outdoor atmosphere of air contaminants.

(6) “Person” shall mean an individual, partnership, corporation, association, unincorporated organization, trust, or any other legal or commercial entity, including a joint venture or affiliated ownership. The word “person” also means any subdivision, agency, or instrumentality of this State, of any other state, of the United States, or of any interstate body.

(7) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative.

(8) “Ozone-depleting chemical” means manufactured substances that are known or reasonably may be anticipated to cause or contribute to depletion of ozone in the earth’s stratosphere.

(A) Primary ozone-depleting chemicals include:

(i) chlorofluorocarbon-11.

(ii) chlorofluorocarbon-12.

(iii) chlorofluorocarbon-113.

(iv) chlorofluorocarbon-114.

(v) chlorofluorocarbon-115.

(vi) halon-1211.

(vii) halon-1301.

(viii) halon-2402.

(ix) carbon tetrachloride.

(x) methyl chloroform.

(B) Other ozone-depleting chemicals include:

(i) hydrochlorofluorocarbon-22.

(ii) hydrochlorofluorocarbon-123.

(iii) hydrochlorofluorocarbon-124.

(iv) hydrochlorofluorocarbon-141(b).

(v) hydrochlorofluorocarbon-142(b).

(C) The Secretary may list, by rule, other manufactured substances that are known or reasonably may be anticipated to cause or contribute to depletion of stratospheric ozone.

(9) “Reasonably available control technology” means devices, systems, process modifications, or other apparatus or techniques designed to prevent or control emissions that are reasonably available, taking into account the social, environmental, and economic impact of such controls, and alternative means of emission control.

(10) “Schedule of compliance” means a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to timely compliance with applicable requirements related to the control of air contaminant emissions or the prevention or control of air pollution.

(11) “Greenhouse gas” means any chemical or physical substance that is emitted into the air and that the Secretary may reasonably anticipate to cause or contribute to climate change, including carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

(Added 1967, No. 310 (Adj. Sess.), § 2; amended 1971, No. 212 (Adj. Sess.), § 1; 1979, No. 195 (Adj. Sess.), § 1, eff. May 6, 1980; 1987, No. 76, § 18; 1991, No. 266 (Adj. Sess.), § 3; 1993, No. 92, § 2; 2003, No. 115 (Adj. Sess.), § 11; 2007, No. 209 (Adj. Sess.), § 3.)

§ 553 Agency

The Agency is designated as the air pollution control agency for the State. The Secretary or the Secretary’s duly authorized representative, within the Agency, shall perform the functions vested in the Agency, as specified in the following sections of this chapter.

(Added 1967, No. 310 (Adj. Sess.), § 3; amended 1971, No. 212 (Adj. Sess.), § 2; 1979, No. 195 (Adj. Sess.), § 2, eff. May 6, 1980; 2003, No. 115 (Adj. Sess.), § 12, eff. Jan. 31, 2005.)

§ 554 Powers

In addition to any other powers conferred on him or her by law, the Secretary shall have power to:

(1) Appoint and employ personnel and consultants as may be necessary for the administration of this chapter.

(2) Adopt, amend, and repeal rules, implementing the provisions of this chapter.

(3) Hold hearings related to any aspect of or matter in the administration of this chapter, and in connection therewith, subpoena witnesses and the production of evidence.

(4) Issue orders as may be necessary to effectuate the purposes of this chapter and enforce the same by all appropriate administrative and judicial proceedings.

(5) Prepare and develop a comprehensive plan or plans for the prevention, abatement, and control of air pollution in this State.

(6) [Repealed.]

(7) Encourage local units of government to handle air pollution problems within their respective jurisdiction, and by compact on a cooperative basis, and to provide technical and consultative assistance therefor.

(8) Encourage and conduct studies, investigations, and research relating to air contamination and air pollution and their causes, effects, prevention, abatement, and control.

(9) Determine by appropriate means the degree of air contamination and air pollution in the State and the several parts thereof.

(10) Make a continuing study of the effects of the emission of air contaminants from motor vehicles on the quality of the outdoor atmosphere of this State and the several parts thereof, and make recommendations to appropriate public and private bodies with respect thereto.

(11) Establish ambient air quality standards for the State as a whole or for any part thereof, based on nationally recognized criteria applicable to the State of Vermont.

(12) Collect and disseminate information and conduct educational and training programs relating to air contamination and air pollution.

(13) Advise, consult, contract, and cooperate with other agencies of the State, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups.

(14) Consult, upon request, with any person proposing to construct, install, or otherwise acquire an air contaminant source or device or system for the control thereof, concerning the efficacy of the device or system, or the air pollution problem that may be related to the source, device or system. Nothing in any consultation shall be construed to relieve a person from compliance with this chapter, rules in force pursuant thereto, or any other provision of law.

(15) Accept, receive, and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose of carrying out any of the functions of this chapter. The funds received by the Secretary pursuant to this section shall be deposited in the State Treasury to the account of the Secretary.

(16) Have access to records relating to emissions that cause or contribute to air contamination.

(Added 1967, No. 310 (Adj. Sess.), § 4; amended 1971, No. 212 (Adj. Sess.), § 3; 1989, No. 98, § 4(b).)

§ 555 Classification, reporting and registration

(a) The Secretary, by rule, may classify air contaminant sources, which in his or her judgment may cause or contribute to air pollution, according to levels and types of emissions and other characteristics that relate to air pollution, and may require reporting by any class. Classifications made pursuant to this subsection may apply to the State as a whole or to any designated area of the State, and shall be made with special reference to effects on health, economic, and social factors, and physical effects on property.

(b) Any person operating or responsible for the operation of air contaminant sources of any class for which the rules of the Secretary require reporting shall make reports containing information as required by the Secretary concerning location, size, and height of contaminant outlets, processes employed, fuels used and the nature and time periods of duration of emissions, and such other information relevant to air pollution and available or reasonably capable of being assembled.

(c)(1) Any person operating or responsible for the operation of an air contaminant source shall register the source with the Secretary and renew the registration annually if the source emits:

(A) more than or equal to five tons of contaminants per year; or

(B) less than five tons of contaminants per year and is a source specified in rule by the Secretary.

(2) Each day of operating an air contaminant source without a valid, current registration shall constitute a separate violation and subject the operator to a civil penalty not to exceed $100.00 per violation. The Secretary shall, after notice and opportunity for public hearing, adopt rules to carry out this section.

(Added 1967, No. 310 (Adj. Sess.), § 5; amended 1971, No. 212 (Adj. Sess.), § 3; 1987, No. 76, § 3; 2015, No. 23, § 96; 2015, No. 57, § 22b.)

§ 556 Permits for the construction or modification of air contaminant sources

(a) No person shall construct or install any air contaminant source classified within a class or category identified by rule of the Secretary as being subject to permitting requirements under this section without first submitting a complete application to and obtaining a permit from the Secretary pursuant to this section. A complete application shall contain such plans, specifications and other information as the Secretary deems necessary in order to determine whether the proposed construction or installation will be in compliance with the provisions of this chapter and with the rules adopted under this chapter. Each applicant shall pay an application fee as required by 3 V.S.A. § 2822.

(b) The Secretary may require an applicant to submit any additional information that the Secretary considers necessary to make the completeness determination required in subsection (a) of this section and shall not grant a permit until the information is furnished and evaluated. When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(c) If the Secretary determines that the proposed construction or installation of an air contaminant source will be in compliance with all requirements of this chapter and the rules adopted under this chapter, the Secretary shall issue a permit containing such terms and conditions as may be necessary to carry out the purposes of this chapter. If the Secretary determines that the proposed construction or installation of an air contaminant source will not be in compliance with all requirements of this chapter and the rules adopted under this chapter, the Secretary shall deny the permit, shall notify the applicant in writing, and shall state in that document the reasons for the permit denial.

(d) The Secretary may suspend, terminate, modify, or revoke for cause and may reissue any permit issued under this section.

(e) The Secretary may issue an operating permit required under section 556a of this title in conjunction with or as a part of a permit to construct or install, issued under this section, provided that there is compliance with all applicable requirements of both sections.

(f) For the purposes of this chapter, the addition to or enlargement or replacement of an air contaminant source, or any major alteration therein, shall be construed as the construction or installation of a new air contaminant source.

(g) All facilities or parts thereof identified in the plans, specifications or other information submitted pursuant to subsection (a) of this section shall be maintained in good working order.

(h) The absence or failure to issue a permit pursuant to this section shall not relieve any person from compliance with any emission control requirements or with any other provision of law.

(i) Notwithstanding any provisions of this section, section 5-503 of the air pollution control regulations, as adopted through April 27, 2007 (indirect source permits) is hereby repealed.

(Added 1967, No. 310 (Adj. Sess.), § 6; amended 1971, No. 212 (Adj. Sess.), § 3; 1993, No. 92, § 3; 2009, No. 54, § 56, eff. June 1, 2009; 2009, No. 146 (Adj. Sess.), § F8; 2015, No. 150 (Adj. Sess.), § 6, eff. Jan. 1, 2018.)

§ 556a Operating permits

(a) Upon a date specified in the rules adopted by the Secretary to implement this section, it shall be unlawful for any person to operate an air contaminant source that has allowable emissions of more than 10 tons per year of all contaminants, excluding greenhouse gases, except in compliance with a permit issued by the Secretary under this section. The Secretary may require that air contaminant sources with allowable emissions of 10 tons or less per year obtain such a permit, upon determining that the toxicity and quantity of hazardous air contaminants emitted may adversely affect susceptible populations, or if deemed appropriate based on an evaluation of the requirements of the federal Clean Air Act.

(b) Any person required by this section to have a permit shall, not later than 12 months after the date on which the source becomes subject to rules adopted by the Secretary to implement this section, submit a complete permit application and related materials to the Secretary. The Secretary may require any applicant, including a person requesting permission to operate under the terms of a previously issued general permit, to submit any additional information that the Secretary considers necessary in order to determine whether the operation of the air contaminant source will be in compliance with the provisions of this chapter and with the rules adopted under this chapter. The Secretary may refuse to grant a permit, or permission to operate under the terms of a general permit, until that information is furnished and evaluated, and until that determination has been made. If a person submits a timely and complete application for a permit required by this section, but final action has not been taken on that application, the source’s failure to have a permit shall not be a violation of this section, unless the delay in final action was due to the failure of the applicant to submit, in a timely manner, information required or requested to process the application.

(c) When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(d) Each permit issued under this section shall contain such terms and conditions as may be necessary to assure compliance with the requirements of this chapter and applicable rules and shall be issued for a fixed term, not to exceed five years. In addition, the Secretary shall, where necessary, include in a permit issued under this section conditions that revise existing or set new emission control requirements for the source based on, at a minimum, the application of reasonably available control technology. For any source that, in whole or in part, is not in compliance with all applicable requirements, the permit shall include an appropriate schedule of compliance that is acceptable to the Secretary.

(e) A person may renew a permit issued under this section upon application to the Secretary for a fixed period of time, not to exceed five years. The Secretary shall not issue a permit renewal unless the applicant first demonstrates that the emissions from the subject source meet all applicable emission control requirements or are subject to, and in compliance with, an appropriate schedule of compliance.

(f) If an application for a permit renewal has been submitted to the Secretary six months prior to the termination of the permit, and any additional information requested by the Secretary has been submitted in a timely manner, but the Secretary has failed to issue or deny the renewal permit before the end of the term of the previous permit, the permit shall not expire until the renewal permit has been issued or denied. In the event of a conflict between this subsection and 3 V.S.A. § 814(b), the provisions of this section shall govern.

(g) The Secretary shall have power to suspend, terminate, modify, or revoke for cause and to reissue any permit issued under this section.

(h) The Secretary may adopt, as a rule under 3 V.S.A. chapter 25, a general operating permit covering numerous similar sources.

(i) Failure of the Secretary to act on a permit application or a permit renewal application within 18 months after the date of receipt of a completed application shall be treated as a final permit action solely for purposes of obtaining judicial review of such action by the applicant, by any person who participated in the public comment process or by any other adversely affected person in order to compel the Secretary to act on such application without additional delay.

(j) Except in compliance with a permit issued by the Secretary under this section, it shall be unlawful for a person to operate an air contaminant source that has allowable emissions of greenhouse gases that equal or exceed any threshold established by the U.S. Environmental Protection Agency at or above which such emissions are subject to the requirements of subchapter V (permits) of 42 U.S.C. chapter 85 (air pollution prevention and control). Based on available emission control technologies or energy efficiency measures, or as otherwise appropriate to implement the provisions of this chapter, the Secretary may adopt rules to require air contaminant sources with allowable emissions below such threshold to obtain a permit under this section.

(Added 1993, No. 92, § 4; amended 2009, No. 146 (Adj. Sess.), § F9, eff. May 7, 2010; 2015, No. 75 (Adj. Sess.), § 4; 2015, No. 150 (Adj. Sess.), § 7, eff. Jan. 1, 2018.)

§ 557 Inspections

Any duly authorized officer, employee, or representative of the Secretary may enter and inspect any property, premise or place on or at which an air contaminant source is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and rules in force pursuant thereto. No authorized person shall refuse entry or access to any authorized representative of the Secretary who requests entry for purposes of inspection, and who presents appropriate credentials; nor shall any person obstruct, hamper, or interfere with the inspection. If requested, the owner or operator of the premises shall receive a report setting forth all facts found that relate to compliance status.

(Added 1967, No. 310 (Adj. Sess.), § 7; amended 1971, No. 212 (Adj. Sess.), § 3.)

§ 558 Emission control requirements

The Secretary may establish such emission control requirements, by rule, as in his or her judgment may be necessary to prevent, abate, or control air pollution. The requirements may be for the State as a whole or may vary from area to area, as may be appropriate to facilitate accomplishment of the purposes of this chapter, and in order to take necessary or desirable account of varying local conditions.

(Added 1967, No. 310 (Adj. Sess.), § 8; amended 1971, No. 212 (Adj. Sess.), § 3.)

§ 559 Repealed

[Repealed]

1989, No. 98, § 4(b).

§ 560 Emergency procedure

(a) Any other provisions of law to the contrary notwithstanding, if the Secretary finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, with the concurrence of the Governor, the Secretary shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants and such order shall fix a place and time not later than 24 hours thereafter for a hearing to be held before the Director. Not more than 24 hours after the commencement of such hearing and without adjournment thereof, the Director shall affirm, modify or set aside the order.

(b) In the absence of a generalized condition of air pollution of the type referred to in subsection (a) of this section, if the Secretary finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to human health or safety, the Director of Occupational Health may order the person or persons responsible for the operation or operations in question to reduce or discontinue emissions immediately, without regard to the provisions of section 559 of this title. In that event, the requirements for hearing and affirmance, modification, or setting aside of orders set forth in subsections 559(a) and (b) shall apply.

(c) Nothing in this section shall be construed to limit any power that the Governor or any other officer may have to declare an emergency and act on the basis of such declaration.

(Added 1967, No. 310 (Adj. Sess.), § 10; amended 1971, No. 205 (Adj. Sess.), § 6; 1971, No. 212 (Adj. Sess.), § 3.)

§ 561 Variances

(a) A person who owns or is in control of any plant, building, structure, process, or equipment may apply to the Secretary for a variance from the rules adopted under this chapter. The Secretary may grant a variance if the Secretary finds that:

(1) the emissions occurring or proposed to occur do not endanger or tend to endanger human health or safety; and

(2) compliance with the rules from which variance is sought would produce serious hardship without equal or greater benefits to the public.

(b) No variance shall be granted pursuant to this section except after public notice and an opportunity for a public meeting and until the Secretary has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public.

(c) Any variance or renewal thereof shall be granted within the requirements of subsection (a) of this section and for time periods and under conditions consistent with the reasons therefore, and within the following limitations:

(1) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, abatement, or control of the air pollution involved, it shall be only until the necessary practicable means for prevention, abatement, or control become known and available, and subject to the taking of any substitute or alternate measures that the Secretary may prescribe.

(2) If the variance is granted on the ground that compliance with the particular requirement or requirements from which variance is sought will necessitate the taking of measures that, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the Secretary is requisite for the taking of the necessary measures. A variance granted on the ground specified herein shall contain a time schedule for the taking of action in an expeditious manner and shall be conditioned on adherence to the time schedule.

(3) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in subdivisions (1) and (2) of this subsection, it shall be for not more than one year, except that a variance granted from the rules of the Secretary pertaining to stage II vapor recovery controls at gasoline dispensing facilities shall be for a period that extends until January 1, 2013.

(d) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods that would be appropriate on initial granting of a variance. If complaint is made to the Secretary on account of the variance, no renewal thereof shall be granted, unless following public notice and an opportunity for a public meeting on the complaint, the Secretary finds that renewal is justified. No renewal shall be granted except on application therefore. The application shall be made at least 60 days prior to the expiration of the variance. Immediately upon receipt of an application for renewal, the Secretary shall give public notice of the application.

(e) A variance or renewal shall not be a right of the applicant or holder thereof but shall be in the discretion of the Secretary.

(f) Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of section 560 of this chapter to any person or the person’s property.

(g) On application from a person who is subject to an increased air emission fee caused by amendments to the provisions of 3 V.S.A. § 2822(j), (k), and (l), the Secretary may grant an amendment in fee amount. A fee amendment under this subsection may be granted only if the applicant establishes that payment of fees would produce serious hardship. Fee amendments granted under this subsection shall not be subject to the findings required for the issuance of a variance under subsection (a) of this section, but fee amendments shall otherwise be subject to the provisions of this chapter regarding variances.

(Added 1967, No. 310 (Adj. Sess.), § 11; amended 1971, No. 212 (Adj. Sess.), § 3; 1993, No. 92,§§ 5, 19; 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 13, eff. Jan. 31, 2005; 2005, No. 26, § 4; 2009, No. 22, § 9(c).)

§ 562 Hearings and judicial review appeals

(a) No rule or regulation and no amendment or repeal thereof shall take effect except after public hearing. The Secretary shall appoint a time and place for the hearing and shall order the publication of the substance thereof and of the time and place of hearing two weeks successively in the daily newspapers of the State, the last publication to be at least seven days before the day appointed for the hearing.

(b) Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title.

(c) [Repealed.]

(d)-(f) [Repealed.]

(g) If a permit is denied under this section, and that denial is the subject of either an appeal or a request for a variance, the applicant need not commence application proceedings anew, once those issues are resolved.

(Added 1967, No. 310 (Adj. Sess.), § 12; amended 1971, No. 185 (Adj. Sess.), § 24, eff. March 29, 1972; 1971, No. 212 (Adj. Sess.), § 3; 1993, No. 92, § 6; 1993, No. 92, § 6; 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 14, eff. Jan. 31, 2005.)

§ 563 Confidential records; penalty

(a) Confidential records. The Secretary shall not withhold emissions data and emission monitoring data from public inspection or review. The Secretary shall keep confidential any record or other information furnished to or obtained by the Secretary concerning an air contaminant source, other than emissions data and emission monitoring data, that qualifies as a trade secret pursuant to 1 V.S.A. § 317(c)(9).

(b) Penalty. A person who knowingly violates this section shall be fined not to exceed $100.00.

(Added 1967, No. 310 (Adj. Sess.), § 13; amended 1971, No. 212 (Adj. Sess.), § 3; 2015, No. 75 (Adj. Sess.), § 3.)

§ 564 Local air pollution control programs

(a) A municipality may establish and thereafter administer within its jurisdiction an air pollution control program that:

(1) provides by ordinance or local law for requirements compatible with, or stricter or more extensive than, those imposed by sections 558, 560, and 561 of this title and regulations issued thereunder;

(2) provides for the enforcement of such requirements by appropriate administrative and judicial process;

(3) provides for administrative organizations, staff, financial and other resources necessary to effectively and efficiently carry out its program; and

(4) is approved by the Secretary as adequate to meet the requirements of this chapter and any applicable rules and regulations pursuant thereto.

(b) A municipality may administer all or part of its air pollution control program in a compact if the program meets the requirements of subsection (a) of this section.

(c) If an approved local air pollution authority so petitions and the Secretary finds that the control of a particular class of air contaminant source because of its complexity or magnitude is beyond the reasonable capability of the local air pollution control authorities or may be more efficiently and economically performed at the State level, he or she may assume and retain jurisdiction over that class of air contaminant source. Classifications pursuant to this subsection may be either on the basis of the nature of the sources involved or on the basis of their relationship to the size of the communities in which they are located.

(d) Nothing in this chapter shall be construed to supersede or oust the jurisdiction of any local air pollution control program in operation on July 1, 1968, provided that within two years from such date any such program shall meet all requirements of this chapter for a local air pollution control program. Any approval required from the Secretary shall be deemed granted unless the Secretary takes specific action to the contrary.

(Added 1967, No. 310 (Adj. Sess.), § 14; amended 1971, No. 212 (Adj. Sess.), § 3.)

§ 565 Burning wood within municipality

(a) Any other provision notwithstanding, the legislative branch of a municipality may authorize the burning of natural wood and chemically untreated wood at a place within the municipality. The burning of the wood shall be conducted under the direction and at such times as the fire warden for the municipality determines.

(b) [Repealed.]

(Added 1971, No. 244 (Adj. Sess.), eff. April 6, 1972; amended 1973, No. 224 (Adj. Sess.), eff. April 3, 1974; 1977, No. 56, § 1, eff. April 21, 1977.)

§ 566 State and federal aid

Local air pollution control agencies established or approved pursuant to this chapter may make application for, receive, administer, and expend federal funds for the control of air pollution or the development and administration of programs related to air pollution control, provided the application is first submitted to and approved by the Secretary. The Secretary shall approve the application if it is consistent with this chapter and any other applicable requirements of law.

(Added 1967, No. 310 (Adj. Sess.), § 15; amended 1971, No. 212 (Adj. Sess.), § 3.)

§ 567 Motor vehicle pollution

(a) The Secretary in conjunction with the Department of Motor Vehicles may provide rules for the control of emissions from motor vehicles. Such rules may prescribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of the equipment and the vehicles. Rules pursuant to this section shall be consistent with provisions of federal law, if any, relating to control of emissions from the vehicles concerned and shall not require, as a condition precedent to the initial sale of a vehicle or vehicular equipment, the inspection, certification, or other approval of any feature or equipment designed for the control of emissions from motor vehicles, if the feature or equipment has been certified, approved, or otherwise authorized pursuant to federal law.

(b) Except as permitted or authorized by law, no person shall fail to maintain in good working order or remove, dismantle, or otherwise cause to be inoperative any equipment or feature constituting an operational element of the air pollution control system or mechanism of a motor vehicle and required by rules pursuant to this chapter to be maintained in or on the vehicle. Any failure to maintain in good working order or removal, dismantling, or causing of inoperability shall subject the owner or operator to suspension or cancellation of the registration for the vehicle by the Department of Motor Vehicles. The vehicle shall not thereafter be eligible for registration until all parts and equipment constituting operational elements of the motor vehicle have been restored, replaced, or repaired and are in good working order.

(c) The Secretary shall consult with the Department of Motor Vehicles and furnish it with technical information, including testing techniques, standards, and instructions for emission control features and equipment.

(d) When rules have been issued requiring the maintenance of features or equipment in or on motor vehicles for the purpose of controlling emissions therefrom, no motor vehicle shall be issued an inspection sticker unless all the required features or equipment have been inspected in accordance with the standards, testing techniques, and instructions furnished pursuant to subsection (b) hereof and has been found to meet those standards.

(e) The remedies and penalties provided here apply to violations of this section and provisions of section 568 of this title shall not apply.

(f) As used in this section, “motor vehicle” shall have the same meaning as defined in 23 V.S.A. § 4.

(Added 1967, No. 310 (Adj. Sess.), § 16; amended 1971, No. 212 (Adj. Sess.), § 3.)

§ 568 Penalties

(a) Any person who knowingly violates any provisions of this chapter or the rules adopted under this chapter or who knowingly fails or refuses to obey or comply with any order or the terms or conditions of any permit issued in accordance with this chapter, shall be fined not more than $100,000.00 or be imprisoned not more than five years, or both. Each violation may be considered a separate and distinct offense and, in the case of a continuing violation, each day’s continuance may be deemed a separate and distinct offense. These penalties shall not apply to violations of section 563 of this title.

(b) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or by any permit, rule, regulation, or order issued under this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter or by any permit, rule, regulation, or order issued under this chapter, shall, upon conviction, be punished by a fine of not more than $50,000.00 or by imprisonment for not more than one year, or by both. Each violation may be considered a separate and distinct offense and, in the case of a continuing violation, each day’s continuance may be deemed a separate and distinct offense.

(Added 1967, No. 310 (Adj. Sess.), § 17; amended 1971, No. 212 (Adj. Sess.), § 3; 1993, No. 92, § 7.)

§ 569 Limitations

Nothing in this chapter shall be construed to:

(1) Affect the relations between employers and employees with respect to or arising out of any condition of air contamination or air pollution.

(2) Supersede or limit the applicability of any law or ordinance relating to sanitation, industrial health, or safety.

(3) Grant to the Director any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works, or shops or private property appurtenant thereto.

(Added 1967, No. 310 (Adj. Sess.), § 18.)

§ 570 Exemption from taxation

Approved air pollution treatment facilities shall be exempted from real and personal property taxation in the same manner provided tax exemption of water treatment facilities under the provisions of 32 V.S.A. § 3802.

(Added 1967, No. 310 (Adj. Sess.), § 19.)

§ 571 Repealed

[Repealed]

1989, No. 98, § 4(b).

§ 572 Exemption; steam locomotives and engines

The provisions of this chapter shall not apply to any steam locomotives, engines and rolling stock used in connection with the operation of a railroad within the State.

(Added 1971, No. 174 (Adj. Sess.), eff. March 28, 1972.)

§ 573 Motor vehicle air conditioning

(a) No person may perform service on motor vehicle air conditioners, unless that person uses equipment that is certified by the Underwriters Laboratories, or an institution determined by the Secretary to be comparable, as meeting the Society of Automotive Engineers standard applicable to equipment for the extraction and reclamation of refrigerant or a substitute prohibited under section 586 of this title from motor vehicle air conditioners.

(b) The Secretary, by rule, shall establish a phased schedule for the acquisition of that equipment by establishments that repair motor vehicles, requiring early acquisition by high-volume establishments and subsequent acquisition by lower-volume establishments, providing that all establishments that wish to continue to service motor vehicle air conditioning shall have that equipment in use by January 1, 1991. The Secretary, by rule, shall require these establishments to document motor vehicles repaired and chlorofluorocarbons (CFCs) purchased.

(c) After October 1, 1989, no person shall sell any CFC coolant in a container smaller than 15 pounds, unless it bears a warning label indicating the product’s danger to ozone in the stratosphere. After January 1, 1991, no person shall sell or offer for sale:

(1) CFC coolant, suitable for use in motor vehicle air conditioners, for noncommercial or nonindustrial usage; or

(2) CFC coolant, suitable for use in motor vehicle air conditioners, in containers smaller than 15 pounds.

(d) No motor vehicle with a model year of 1995 or later may be registered in the State or sold to a consumer or dealer in the State, if it contains air conditioning that uses CFCs. No new motor vehicle may be sold or offered for retail sale in the State if it contains air conditioning that uses CFCs, unless it bears an 8-inch by 11-inch placard attached to a passenger window that reads as follows: “AIR CONDITIONING IN THIS VEHICLE CONTAINS CHLOROFLUOROCARBONS (CFCS). CFCS DEPLETE THE EARTH’S PROTECTIVE OZONE LAYER, CAUSING SKIN CANCER AND ENVIRONMENTAL DAMAGE.”

(e) As used in this section, “motor vehicle” shall have the same meaning as defined in 23 V.S.A. § 4.

(f) The Secretary, by January 15, 1992, shall report to the General Assembly with regard to the condition of the stratospheric ozone layer and the latest information as to the causes of that condition. The report also shall address the progress being made by manufacturers of motor vehicles that are commonly sold or registered in this State in developing and completing production of motor vehicles that have air conditioning that use refrigerants other than CFCs. This report shall include any appropriate recommendations.

(Added 1989, No. 59, § 1; amended 1991, No. 46, § 1; 2021, No. 121 (Adj. Sess.), § 2, eff. July 1, 2022.)

§ 574 Regulation of ozone-depleting products

(a) After January 1, 1990, no person shall sell or offer to sell fire extinguishers for noncommercial or nonindustrial usage, if those fire extinguishers contain halons or other ozone-depleting substances as may be identified by rule of the Secretary; sales to fire departments, for their own use, shall not be prohibited.

(b) After January 1, 1990, no person shall sell or offer to sell:

(1) CFC cleaning sprays for noncommercial or nonindustrial usage in cleaning electronic and photographic equipment,

(2) CFC propelled plastic party streamers, or

(3) CFC noise horns.

(c) The Secretary, by rule adopted no earlier than March 1, 1990, may require the usage of equipment that meets standards established by the Underwriters Laboratories, or an institution determined by the Secretary to be comparable, for recovery and recycling of CFC coolant during the servicing of building air conditioning and of large refrigeration units, if the Secretary finds that equipment to be portable and suitable for those purposes.

(d) By January 15, 1990, the Secretary shall report to the natural resources and energy committees of the General Assembly with the following:

(1) an analysis of the uses within the State of ozone-depleting chemicals;

(2) the advantages and disadvantages of alternatives to those chemicals (both in terms of impacts on the ozone and in terms of other health and environmental impacts);

(3) opportunities for recovery and recycling of these chemicals;

(4) any rules proposed under subsection (c) of this section; and

(5) any appropriate recommendations for action by the State.

(e) The Secretary, by January 15, 1991, shall report to the natural resources and energy committees of the General Assembly with recommendations for the systematic retrieval, storage, and appropriate reuse of CFCs from refrigerators, air conditioners, and motor vehicles that face immediate disposal. This report shall consider, but shall not be limited to considering, regional CFC removal centers, circuit riding CFC removal equipment, or other appropriate procedures or equipment.

(f) After January 1, 1993, no person shall sell or offer to sell any aerosol-propelled consumer product, if it contains hydrochlorofluorocarbons (HCFCs). The Secretary, on application, may postpone the effect of the prohibition established under this subsection, on a case-by-case basis, upon finding that the product is a health, safety-related, or industrial product, for which acceptable alternatives are not available. Any postponement granted under this subsection shall be granted for a specified period of time, not to exceed one year. Extensions granted may be renewed, if appropriate.

(g) After January 1, 1993, no disposal facility or transfer station may dispose of a residential, institutional, commercial, or industrial refrigerator, freezer, refrigerator-freezer, air conditioner, or other cooling device or machine that uses CFCs, without ensuring the item in question is properly drained of CFCs, according to procedures established by rule of the Secretary.

(h) After January 1, 1993, no person shall sell or offer to sell cleaning liquid for the heads of videotape recorders, receivers, and other related machines, if that liquid contains ozone-depleting chemicals.

(i)(1) The Secretary, by rule, shall provide for the reclamation of CFCs recovered under the provisions of this section and section 573 of this title. The rules may provide standards for reclamation equipment and equipment operators, may allow reclamation through a central facility or by the establishment of on-site reclamation capabilities, may allow reclamation by the private sector, the municipalities, or solid waste management districts, and may establish State-operated reclamation efforts.

(2) Costs of CFC reclamation under this subsection shall be borne by the State.

(Added 1989, No. 59, § 1; amended 1991, No. 266 (Adj. Sess.), §§ 1, 4.)

§ 574a Ozone-depleting chemicals in industry

(a) By July 1, 1993, any person who uses an ozone-depleting chemical as part of a manufacturing process (excluding any associated refrigeration or air conditioning) shall notify the Secretary of the person’s plans for eliminating the use of ozone-depleting chemicals through changes in production methods or processes, through the use of environmentally benign substitute chemicals, or through other methods acceptable to the Secretary, which shall:

(1) identify the alternatives considered, the alternative selected, and the basis for the selection;

(2) identify any discharges to the air and other media associated with the alternative selected;

(3) include interim measures, designed to minimize the release of the ozone-depleting chemicals to the environment until use of the ozone depleter ceases, or as expeditiously as practicable, but in no event later than July 1, 1995.

(b) Any emissions that may be associated with the alternative selected shall be in compliance with all other provisions of this chapter and rules adopted pursuant to this chapter.

(c) After July 1, 1995, no person shall use primary ozone-depleting chemicals, including those listed in subdivision 552(8)(A) of this title, as part of a manufacturing process, excluding any associated refrigeration and air conditioning.

(d) The Secretary, upon application by any person subject to this section, may extend the date provided in subdivision (a)(3) of this section, on a case-by-case basis, upon finding that acceptable methods for eliminating ozone-depleting chemicals are not available.

(1) An extension granted under this subsection shall be granted for a specified period of time, not to exceed one year. Extensions granted may be renewed, if appropriate.

(2) The Secretary may impose interim requirements to limit the emissions of ozone-depleting chemicals as a condition of any extension granted pursuant to this subsection.

(Added 1991, No. 266 (Adj. Sess.), § 2.)

§ 575 Hazardous air contaminant monitoring program

The Secretary shall establish a hazardous air contaminant monitoring program. The goals of the program shall be to:

(1) measure the presence of hazardous air contaminants in ambient air;

(2) identify sources of hazardous air contaminants;

(3) assess human health and ecological risk to focus studies on those air contaminants that pose the greatest risk;

(4) gather sufficient data to allow the Secretary to establish appropriately protective standards; and

(5) ensure adequate data are collected to support the State’s operating permit program.

(Added 1993, No. 92, § 15.)

§ 576 Small equipment for burning waste oil

Effective July 1, 1997, the burning of waste oil in small fuel burning equipment described as “pot burners” or “vaporizing” burners shall be prohibited, as shall the retail sale of these burners.

(Added 1993, No. 219 (Adj. Sess.), § 2.)

§ 577 Prohibition on addition of gasoline ethers to fuel products

(a) Effective January 1, 2007, no person shall knowingly sell at retail in this State, sell for use in this State, or store in an underground or aboveground storage tank in this State any fuel product that contains a gasoline ether in a quantity greater than one-half of one percent per volume unless authorized under subsection (c) of this section. Nothing in this subsection shall be interpreted to prohibit the transshipment of a fuel product containing a gasoline ether in a quantity greater than one-half of one percent per volume through the State for disposition outside the State. Transshipment does not include the storage of a fuel product coincident to shipment.

(b) As used in this section:

(1) “Ether” means an organic compound formed by the treatment of an alcohol with a dehydrating agent resulting in two organic radicals joined by an oxygen atom.

(2) “Fuel product” means gasoline, reformulated gasoline, benzene, benzol, diesel fuel, kerosene, or any other volatile and inflammable liquid that is produced, compounded, offered for sale, or used to generate power in an internal combustion engine.

(3) “Gasoline ether” means any ether added to a fuel product, including methyl tertiary butyl ether (MTBE), tertiary amyl methyl ether (TAME), di-isopropyl ether (DIPE), and ethyl butyl ether (ETBE). “Gasoline ether” shall not include prepackaged goods intended for retail use, including starting fluid and octane booster.

(4) “Motor vehicle” means all vehicles propelled or drawn by power other than muscular power, except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road-making appliances, snowmobiles, motorcycles, all-terrain vehicles, tracked vehicles, or electric personal assistive mobility devices.

(5) “Race” means a race or contest on an oval track permitted under 26 V.S.A. § 4802 involving a motor vehicle at which prizes or other consideration is awarded to participants or admission is charged to spectators. However, this subdivision shall not apply to sports car events as that term is defined in 26 V.S.A. § 4801.

(c) A fuel product used by a motor vehicle in a race may contain a gasoline ether and may be sold at retail or sold at wholesale for use in a race in the State, provided that it is sold in prepackaged drums, pails, or containers.

(Added 2005, No. 26, § 2; amended 2007, No. 55, § 1, eff. May 29, 2007.)

§ 578 Greenhouse gas reduction requirements

(a) Greenhouse gas reduction requirements. Vermont shall reduce emissions of greenhouse gases from within the geographical boundaries of the State and those emissions outside the boundaries of the State that are caused by the use of energy in Vermont, as measured and inventoried pursuant to section 582 of this title, by:

(1) not less than 26 percent from 2005 greenhouse gas emissions by January 1, 2025 pursuant to the State’s membership in the United States Climate Alliance and commitment to implement policies to achieve the objectives of the 2016 Paris Agreement;

(2) not less than 40 percent from 1990 greenhouse gas emissions by January 1, 2030 pursuant to the State’s 2016 Comprehensive Energy Plan; and

(3) not less than 80 percent from 1990 greenhouse gas emissions by January 1, 2050 pursuant to the State’s 2016 Comprehensive Energy Plan.

(b) Vermont climate collaborative. The Secretary will participate in the Vermont climate collaborative, a collaboration between State government and Vermont’s higher education, business, agricultural, labor, and environmental communities. Wherever possible, members of the collaborative shall be included among the membership of the program development working groups established by the climate change oversight committee created under 2008 Acts and Resolves No. 209, Sec. 14. State entities shall cooperate with the climate change oversight committee in pursuing the priorities identified by the committee. The Secretary shall notify the general public that the collaborative is developing greenhouse gas reduction programs and shall provide meaningful opportunity for public comment on program development. Programs shall be developed in a manner that implements State energy policy, as specified in 30 V.S.A. § 202a.

(c) Implementation of State programs to reduce greenhouse gas emissions. In order to facilitate the State’s compliance with the goals established in this section, all State agencies shall consider any increase or decrease in greenhouse gas emissions in their decision-making procedures with respect to the purchase and use of equipment and goods; the siting, construction, and maintenance of buildings; the assignment of personnel; and the planning, design, and operation of programs, services, and infrastructure.

(d) Advocacy for cap and trade program for greenhouse gases, including those caused by transportation, heating, cooling, and ventilation. In order to increase the likelihood of the State meeting the goals established under this section, the Public Utility Commission, the Secretary of Natural Resources, and the Commissioner of Public Service shall advocate before appropriate regional or national entities and working groups in favor of the establishment of a regional or national cap and trade program for greenhouse gas emissions, including those caused by transportation, heating, cooling, and ventilation. This may take the form of an expansion of the existing regional greenhouse gas initiative (RGGI), or it may entail the creation of an entirely new and separate regional or national cap and trade initiative that includes a 100 percent consumer allocation system.

(Added 2005, No. 168 (Adj. Sess.), § 1; amended 2007, No. 209 (Adj. Sess.), § 3a; 2019, No. 153 (Adj. Sess.), § 3, eff. Sept. 22, 2020.)

§ 579 Vehicle emissions labeling program for new motor vehicles

(a) The Secretary of Natural Resources, in consultation with the Commissioner of Motor Vehicles, shall establish, by rule, a vehicle emissions labeling program for new motor vehicles sold or leased in the State with a model year of 2010 or later. The rules adopted under this section shall require automobile manufacturers to install the labels.

(b) Vehicle emissions labels under this program shall include the vehicle’s emissions score. The label required by subsection (a) of this section and the vehicle score included in the label shall be consistent with the labels and information required by other states, including the California motor vehicle greenhouse gas and smog index label and any revisions thereto. A label that complies with the requirements of the California vehicle labeling program shall be deemed to meet the requirements of this section and the rules adopted thereunder for the content of labels.

(c) The vehicle emissions label shall be affixed to the vehicle in a clearly visible location, as set forth by the Secretary of Natural Resources in rule.

(d) On or after the effective date of the rules adopted under subsection (a) of this section, no new motor vehicle shall be sold or leased in the State unless a vehicle emissions label that meets the requirements of this section and the rules adopted thereunder is affixed to the vehicle except in the case of a trade of a new motor vehicle by a Vermont dealer, as that term is defined in 23 V.S.A. § 4(8), with a dealer from another state that does not have a similar labeling law, provided that the motor vehicle involved in the trade is sold within 30 days of the trade.

(e) As used in this section, “motor vehicle” means all passenger cars, light duty trucks with a gross vehicle weight of 8,500 pounds or less, and medium duty passenger vehicles with a gross vehicle weight of less than 10,000 pounds that are designed primarily for the transportation of persons.

(Added 2007, No. 55, § 2, eff. May 29, 2007.)

§ 580 25 by 25 State goal

(a) It is a goal of the State, by the year 2025, to produce 25 percent of the energy consumed within the State through the use of renewable energy sources, particularly from Vermont’s farms and forests.

(b) By no later than January 15, 2009, the Secretary of Agriculture, Food and Markets, in consultation with the Commissioner of Public Service and the Commissioner of Forests, Parks and Recreation, shall present to the Committees on Agriculture and on Natural Resources and Energy of the General Assembly a plan for attaining this goal. Plan updates shall be presented no less frequently than every three years thereafter, and a progress report shall be due annually on January 15.

(c) By no later than January 15, 2009, the Department of Public Service shall present to the legislative committees on natural resources and energy an updated Comprehensive Energy Plan that shall give due consideration to the public engagement process required under 30 V.S.A. § 254 and under 2006 Acts and Resolves No. 208, Sec. 2. By that time, the Department of Public Service shall incorporate plans adopted under this section into the State Comprehensive Energy Plan adopted under 30 V.S.A. § 202b.

(Added 2007, No. 92 (Adj. Sess.), § 5.)

§ 581 Building efficiency goals

It shall be goals of the State:

(1) To improve substantially the energy fitness of at least 120,000 housing units and reduce greenhouse gas emissions by 0.15 MMTCO2e by 2031.

(2) To reduce annual fuel needs and fuel bills by an average of 25 percent in the housing units served.

(3) To reduce total fossil fuel consumption across all buildings by an additional one-half percent each year, leading to a total reduction of six percent annually by 2017 and 10 percent annually by 2025.

(4) To save Vermont families and businesses a total of $1.5 billion on their fuel bills over the lifetimes of the improvements and measures installed between 2008 and 2017.

(5) To increase weatherization services to low-income Vermonters by expanding the number of units weatherized or the scope of services provided, or both, as revenue becomes available in the Home Weatherization Assistance Fund.

(Added 2007, No. 92 (Adj. Sess.), § 6; amended 2013, No. 50, § E.324.3; 2021, No. 185 (Adj. Sess.), § E.700, eff. July 1, 2022.)

§ 582 Greenhouse gas inventories; registry

(a) Inventory and forecasting. The Secretary shall work, in conjunction with other states or a regional consortium, to establish a periodic and consistent inventory of greenhouse gas emissions. The Secretary shall publish the Vermont Greenhouse Gas Emission Inventory and Forecast by not later than June 1, 2010, and updates shall be published annually until 2028, until a regional or national inventory and registry program is established in which Vermont participates, or until the federal National Emissions Inventory includes mandatory greenhouse gas reporting. The Secretary of Natural Resources shall include a supplemental accounting in the Vermont Greenhouse Gas Emissions Inventory and Forecast that measures the upstream and lifecycle greenhouse gas emissions of liquid, gaseous, solid geologic and biogenic fuels combusted in Vermont.

(b) Inventory updates. To develop the Inventory under this section, the Secretary, in coordination with the Secretaries of Administration, of Transportation, of Agriculture, Food and Markets, and of Commerce and Community Development, and the Commissioner of Public Service, shall aggregate all existing statewide data on greenhouse gas emissions currently reported to State or federal entities, existing statewide data on greenhouse gas sinks, and otherwise publicly available data. Greenhouse gas emissions data that is more than 36 months old shall be updated either by statistical methods or seeking updated information from the reporting agency or department. The information shall be standardized to reflect the emissions in tons per CO2 equivalent, shall be set out in the inventory by sources or sectors such as agriculture, manufacturing, automobile emissions, heating, and electricity production, shall be compatible with the inventory included with the Governor’s Commission on Climate Change final report and shall include, the following sources:

(1) information collected for reporting in the National Emissions Inventory, which includes air toxics, criteria pollutants, mobile sources, point sources, and area sources;

(2) in-state electricity production using RGGI and State permit information;

(3) vehicle miles traveled and vehicle registration data; and

(4) agricultural activities, including livestock and crop practices.

(c) Forecast. The Secretary shall use best efforts to forecast statewide emissions for a five- and ten-year period based on the inventory data and other publicly available information.

(d) Registry. The Secretary shall work, in conjunction with other states or a regional consortium, to establish a regional or national greenhouse gas registry.

(1) Any registry in which Vermont participates shall be designed to apply to the entire State and to as large a geographic area beyond State boundaries as is possible.

(2) It shall accommodate as broad an array of sectors, sources, facilities, and approaches as is possible, and shall allow sources to start as far back in time as is permitted by good data, affirmed by third-party verification.

(e) Rules. The Secretary may adopt rules to implement the provisions of this section and shall review existing and proposed international, federal, and State greenhouse gas emission reporting programs and make reasonable efforts to promote consistency among the programs established pursuant to this section and other programs, and to streamline reporting requirements on greenhouse gas emission sources. Except as provided in subsection (g) of this section, nothing in this section shall limit a State agency from adopting any rule within its authority.

(f) Participation by government subdivisions. The State and its municipalities may participate in the inventory for purposes of registering reductions associated with their programs, direct activities, or efforts, including the registration of emission reductions associated with the stationary and mobile sources they own, lease, or operate.

(g) Greenhouse gas accounting. In consultation with the Department of Public Service created under 30 V.S.A. § 1, the Secretary shall research and adopt by rule greenhouse gas accounting protocols that achieve transparent and accurate life cycle accounting of greenhouse gas emissions, including emissions of such gases from the use of fossil fuels and from renewable fuels such as biomass. On adoption, such protocols shall be the official protocols to be used by any agency or political subdivision of the State in accounting for greenhouse gas emissions.

(Added 2007, No. 209 (Adj. Sess.), § 4; amended 2011, No. 170 (Adj. Sess.), § 14; 2023, No. 18, § 4, eff. May 12, 2023.)

§ 583 Repeal of stage II vapor recovery requirements

(a) Effective January 1, 2013, all rules of the Secretary pertaining to stage II vapor recovery controls at gasoline dispensing facilities are repealed. The Secretary may not issue further rules requiring such controls. For purposes of this section, “stage II vapor recovery” means a system for gasoline vapor recovery of emissions from the fueling of motor vehicles as described in 42 U.S.C. § 7511a(b)(3).

(b) Prior to January 1, 2013, stage II vapor recovery rules shall not apply to:

(1) Any newly constructed gasoline dispensing facility that commences operation after May 1, 2009;

(2) Any existing gasoline dispensing facility that has an annual gasoline throughput of 400,000 gallons or more for the first time beginning with the 2009 calendar year;

(3) Any existing gasoline dispensing facility that, after May 1, 2009, commences excavation for the installation or repair of any below-ground component of the stage II vapor recovery system, including gasoline storage tanks, upon verification and approval by the Secretary; or

(4) Any existing gasoline dispensing facility that, after May 1, 2009, replaces all of its existing gasoline dispensers with gasoline dispensers that support triple data encryption standard (TDES) usage or replaces one or more of its gasoline dispensers pursuant to a plan to achieve full TDES compliance, upon verification and approval by the Secretary.

(c) Within two years of January 1, 2013, or of the Secretary’s verification and approval that such stage II vapor recovery rules do not apply to a gasoline dispensing facility pursuant to subdivision (b)(3) or (4) of this section, whichever is earlier, each gasoline dispensing facility shall decommission its stage II vapor recovery systems, including below-ground components, pursuant to methods approved by the Secretary.

(Added 2009, No. 22, § 9(b); amended 2009, No. 123 (Adj. Sess.), § 43.)

§ 584 Inefficient outdoor wood-fired boiler change-out program; retirement

(a) At the earliest feasible date, the Secretary shall create and put into effect a change-out program within the Air Pollution Control Division of the Department of Environmental Conservation to purchase the retirement of inefficient, high emission outdoor wood-fired boilers (OWB) that will be replaced with OWBs or other heating appliances with substantially lower emissions and higher fuel efficiency.

(b) The Secretary shall fund this program using funds available to the State of Vermont for environmental mitigation projects under the consent decree approved on or about October 9, 2007, in the case of United States, et al. v. American Elec. Power Service Corp., et al., Civil Actions No. C2-99-1182, C2-99-1250, C2-04-1098, C2-05-360 (the AEP consent decree). The Secretary may add to this funding such additional monies as may be appropriated to the program authorized under this section or otherwise may be available by grant, contribution, or donation.

(c) The Secretary shall take all steps necessary to secure use of the funds from the AEP consent decree in the manner described in subsection (a) of this section.

(d)(1) To be eligible for the program under this section, an OWB shall be one that is not certified under the air pollution control regulations as meeting either the Phase I emission limit for particulate matter of 0.44 pounds per million British thermal units (BTUs) of heat input or the Phase II emission limit for particulate matter of 0.32 pounds per million BTUs of heat output.

(2) The Secretary may develop program eligibility criteria that are in addition to the criteria of subdivision (1) of this subsection. Such additional criteria may allow an OWB to be eligible for the program under this section even if the OWB does not meet the requirements of subdivision (1) of this subsection. In developing these additional criteria, the Secretary shall consult with affected persons and entities such as the American Lung Association.

(e) An eligible OWB that is accepted into the change-out program under this section shall be:

(1) replaced with an OWB that is certified under the air pollution control regulations as a Phase II OWB with a particulate matter emission rate of no more than 0.32 pounds per million BTUs of heat output or another heating appliance that the Secretary determines has an equivalent or more stringent emission rate; and

(2) retired within a specified period not to exceed six months after acceptance into the program.

(f) In implementing the program required by this section, the Secretary:

(1) Shall give priority to replacing eligible OWBs that have resulted in complaints regarding emissions, including particulate matter or smoke, that the Agency has determined are valid, and have the highest emission rates, cause nuisance, or are within 200 feet of a residence, school, or health care facility.

(2) May allow replacement of an eligible OWB that is less than the required setback distance from a residence, school, or health care facility that is neither served by the OWB nor owned by the owner or lessee of the OWB with an OWB or heating appliance that is also less than the required setback distance from a residence, school, or health care facility, unless such location of the replacement OWB or heating appliance will cause a nuisance or will not comply with all applicable local ordinances and bylaws. For the purposes of this subdivision (2), “required setback distance” means the setback distance applicable to the OWB that is required by the air pollution control regulations.

(3) May require that an eligible OWB be replaced with a heating appliance that is not an OWB if, based on the Secretary’s consideration of area topography, air flows, site conditions, and other relevant factors, the Secretary determines that the replacement OWB would cause nuisance.

(4) To the extent practical, should provide over time for decreasing emission rates and increasing fuel efficiency requirements for replacement OWBs under this program as new technology for boilers becomes commercially available.

(g) Any OWB in the State that is not certified under the air pollution control regulations to meet the Phase I, Phase II, or a more stringent emission limit shall be retired on or before December 31, 2012, if the OWB is located within 200 feet of a residence, school, or health care facility that is neither served by the OWB nor owned by the owner or lessee of the OWB or has resulted or results in a complaint regarding emissions, including particulate matter or smoke, that the Agency has determined is valid.

(h) For the purpose of this section:

(1) “Outdoor wood-fired boiler” or “OWB” means a fuel-burning device designed to burn primarily wood that the manufacturer specifies should or may be installed outdoors or in structures not normally occupied by humans, such as attached or detached garages or sheds, and that heats spaces or water by the distribution through pipes of a fluid heated in the device, typically water or a mixture of water and antifreeze. In addition, this term also means any wood-fired boiler that is actually installed outdoors or in structures not normally occupied by humans, such as attached or detached garages or sheds, regardless of whether such use has been specified by the manufacturer.

(2) “Retire” means to remove an OWB permanently from service, disassemble it into its component parts, and either recycle those parts or dispose of them in accordance with applicable law.

(i) For the purpose of determinations under subdivisions (f)(1) (priority for change-out), (2) (installation of replacement OWB closer than the setback distance), and (3) (non-OWB replacement) of this section, “nuisance” means interference with the ordinary use or enjoyment of property caused by particulate matter, smoke, or other emissions of an OWB that a reasonable person would find disturbing, annoying, or physically uncomfortable. Precedence in time and balancing of harm shall be irrelevant to such determinations. This section shall not affect the burden or elements of proof with respect to a claim of nuisance caused by an OWB brought in a civil court under common law.

(j) The Secretary may adopt rules to implement this section.

(Added 2009, No. 94 (Adj. Sess.), § 2, eff. May 7, 2010; amended 2015, No. 75 (Adj. Sess.), § 2.)

§ 585 Heating oil content; sulfur; biodiesel

(a) Definitions. In this section:

(1) “Heating oil” means No. 2 distillate that meets the specifications or quality certification standard for use in residential, commercial, or industrial heating applications established by the American Society for Testing and Materials (ASTM).

(2) “Biodiesel” means monoalkyl esters derived from plant or animal matter that meet the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. § 7545), and the requirements of ASTM D6751-10.

(b) Sulfur content. Unless a requirement of this subsection is waived pursuant to subsection (e) of this section:

(1) On or before July 1, 2014, all heating oil sold within the State for residential, commercial, or industrial uses, including space and water heating, shall have a sulfur content of 500 parts per million or less.

(2) On or before July 1, 2018, all heating oil sold within the State for residential, commercial, or industrial uses, including space and water heating, shall have a sulfur content of 15 parts per million or less.

[Subsection (c) effective date delayed; see note set out below.]

(c) Biodiesel content. Unless a requirement of this subsection is waived pursuant to subsection (e) of this section, all heating oil sold within the State for residential, commercial, or industrial uses, including space and water heating, by volume shall:

(1) On or before July 1, 2012, contain at least three percent biodiesel.

(2) On or before July 1, 2015, contain at least five percent biodiesel.

(3) On or before July 1, 2016, contain at least seven percent biodiesel.

(d) Blending; certification. In the case of biodiesel and heating oil that has been blended by a dealer or seller of heating oil, the Secretary may allow the dealer or seller to demonstrate compliance with this section by providing documentation that the content of the blended fuel in each delivery load meets the requirements of this section.

(e) Temporary suspension. The Governor, by executive order, may temporarily suspend the implementation and enforcement of subsection (b) or (c) of this section if the Governor determines, after consulting with the Secretary and the Commissioner of Public Service, that meeting the requirements is not feasible due to an inadequate supply of the required fuel.

(f) Rules. The Secretary may adopt rules to implement this section. This section does not limit any authority of the Secretary to control the sulfur or biodiesel content of distillate or residual oils that do not constitute heating oil as defined in this section.

(Added 2011, No. 47, § 19.)

§ 586 Regulation of hydrofluorocarbons

(a) As used in this section:

(1) “Class I substance” and “class II substance” mean those substances listed in the 42 U.S.C. § 7671a, as it read on November 15, 1990 and Appendix A or B of Subpart A of 40 C.F.R. Part 82, as those read on January 3, 2017.

(2) “Hydrofluorocarbon” means a class of greenhouse gases that are saturated organic compounds containing hydrogen, fluorine, and carbon.

(3) “Residential consumer refrigeration product” has the same meaning as in Section 430.2 of Subpart A of 10 C.F.R. Part 430.

(4) “Retrofit” has the same meaning as in section 152 of Subpart F of 40 C.F.R. Part 82, as that section existed as of January 3, 2017.

(5) “Substitute” means a chemical, product, or alternative manufacturing process, whether new or retrofit, that is used to perform a function previously performed by a class I substance or class II substance and any substitute subsequently adopted to perform that function, including hydrofluorocarbons.

(b)(1) A person may not offer any product or equipment for sale, lease, or rent or install or otherwise cause any equipment or product to enter into commerce in Vermont if that equipment or product consists of, uses, or will use a substitute, as set forth in Appendix U or V, Subpart G of 40 C.F.R. Part 82, as those read on January 3, 2017, for the applications or end uses restricted by Appendix U or V, as those read on January 3, 2017, and consistent with the dates established in subdivision (4) of this subsection.

(2) Except where existing equipment is retrofit, nothing in this subsection requires a person that acquired a restricted product or equipment prior to an effective date of the restrictions in subdivision (4) of this subsection to cease use of that product or equipment.

(3) Products or equipment manufactured prior to an applicable effective date of the restrictions in subdivision (4) of this subsection may be sold, imported, exported, distributed, installed, and used after the specified effective date.

(4) The restrictions under subdivision (1) of this subsection shall take effect beginning:

(A) January 1, 2021, for propellants, rigid polyurethane applications and spray foam, flexible polyurethane, integral skin polyurethane, flexible polyurethane foam, polystyrene extruded sheet, polyolefin, phenolic insulation board and bunstock, supermarket systems, remote condensing units, stand-alone units, and vending machines;

(B) January 1, 2021, for refrigerated food processing and dispensing equipment, compact residential consumer refrigeration products, polystyrene extruded boardstock and billet, and rigid polyurethane low-pressure two component-spray foam;

(C) January 1, 2022, for residential consumer refrigeration products other than compact and built-in residential consumer refrigeration products;

(D) January 1, 2023, for cold storage warehouses and built-in residential consumer refrigeration products;

(E) January 1, 2024, for centrifugal chillers and positive displacement chillers;

(F) January 1, 2020, or the effective date of the restrictions identified in appendix U or V, Subpart G of 40 C.F.R. Part 82, as those read on January 3, 2017, whichever comes later, for all other applications and end uses for substitutes not covered by the categories listed in subdivisions (A) through (E) of this subsection (b);

(G) July 1, 2022, for refrigeration systems used in ice skating rinks; and

(H) January 1, 2023, for containers designed for consumer recharge of motor vehicle air conditioners that use substitutes prohibited under this section.

(c) The Secretary may adopt rules that include any of the following:

(1) The modification of the date of a prohibition established pursuant to subsection (b) of this section if the Secretary determines that the modified deadline meets both of the following criteria:

(A) reduces the overall risk to human health or the environment; and

(B) reflects the earliest date that a substitute is currently or potentially available.

(2) The prohibition on the use of any substitute if the Secretary determines that the prohibition meets both of the following criteria:

(A) reduces the overall risk to human health or the environment; and

(B) a lower-risk substitute is currently or potentially available.

(3) The creation of a list of approved substitutes, use conditions, or use limits, if any, and the addition or removal of substitutes, use conditions, or use limits to or from the list of approved substitutes if the Secretary determines those substitutes reduce the overall risk to human health and the environment.

(4) The creation of a list of exemptions from this section for medical uses of hydrofluorocarbons.

(d) If the U.S. Environmental Protection Agency approves a previously prohibited hydrofluorocarbon blend with a global warming potential of 750 or less for foam blowing of polystyrene extruded boardstock and billet and rigid polyurethane low-pressure two-component spray foam pursuant to the Significant New Alternatives Policy Program under section 7671(k) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), the Secretary shall expeditiously propose a rule to conform to the requirements established under this section with that federal action.

(e) The Secretary of Administration shall include in Administrative Bulletin 3.5 a requirement that State procurement contracts shall not include products that contain hydrofluorocarbons, as prohibited in this section.

(Added 2019, No. 65, § 1; amended 2021, No. 121 (Adj. Sess.), § 1, eff. July 1, 2022.)

Chapter 24 Vermont Climate Council and Climate Action Plan

§ 590 Definitions

As used in this chapter:

(1) “Adaptation” means reducing vulnerability and advancing resilience through planned and implemented enhancements to, or avoiding degradation of, natural and built systems and structures.

(2) “Greenhouse gas” has the same meaning as in section 552 of this title.

(3) “Mitigation” means reduction of anthropogenic greenhouse gas emissions, and preservation and enhancement of natural systems to sequester and store carbon, in order to stabilize and reduce greenhouse gases in the atmosphere.

(4) “Resilience” means the capacity of individuals, communities, and natural and built systems to withstand and recover from climatic events, trends, and disruptions.

(Added 2019, No. 153 (Adj. Sess.), § 4, eff. Sept. 22, 2020.)

§ 591 Vermont Climate Council

(a) There is created the Vermont Climate Council (Council). The Council shall be composed of the following members:

(1) the Secretary of Administration, who shall serve as the Chair of the Council;

(2) the Secretary of Natural Resources or designee;

(3) the Secretary of Agriculture, Food and Markets or designee;

(4) the Secretary of Commerce and Community Development or designee;

(5) the Secretary of Human Services or designee;

(6) the Secretary of Transportation or designee;

(7) the Commissioner of Public Safety or designee;

(8) the Commissioner of Public Service or designee;

(9) the following members who shall be appointed by the Speaker of the House:

(A) one member with expertise and professional experience in the design and implementation of programs to reduce greenhouse gas emissions;

(B) one member to represent rural communities;

(C) one member to represent municipal governments;

(D) one member to represent distribution utilities;

(E) one member to represent a statewide environmental organization;

(F) one member to represent the fuel sector;

(G) one member with expertise in climate change science; and

(H) one member to represent Vermont manufacturers.

(10) the following members who shall be appointed by the Committee on Committees:

(A) one member with expertise in the design and implementation of programs to increase resilience to and respond to natural disasters resulting from climate change;

(B) one member to represent the clean energy sector;

(C) one member to represent the small business community;

(D) one member to represent the Vermont Community Action Partnership;

(E) one member to represent the farm and forest sector;

(F) one youth member; and

(G) one member of a Vermont-based organization with expertise in energy and data analysis.

(b) The Council shall:

(1) Identify, analyze, and evaluate strategies and programs to reduce greenhouse gas emissions; achieve the State’s reduction requirements pursuant to section 578 of this title; and build resilience to prepare the State’s communities, infrastructure, and economy to adapt to the current and anticipated effects of climate change, including:

(A) creating an inventory of all existing programs that impact greenhouse gas emissions and their efficacy;

(B) evaluating and analyzing the technical feasibility and cost-effectiveness of existing strategies and programs and identifying, evaluating, and analyzing new strategies and programs that are based upon emerging scientific and technical information;

(C) analyzing each source or category of sources of greenhouse gas emissions and identifying which strategies and programs will result in the largest greenhouse gas emissions reductions in the most cost-effective manner;

(D) identifying, analyzing, and evaluating public and private financing strategies to support the transition to a reduced greenhouse gas emissions economy and a more resilient State; and

(E) evaluating and analyzing existing strategies and programs that build resilience, and identifying, evaluating, and analyzing new strategies and programs to prepare the State’s communities, infrastructure, and economy to adapt to the current and anticipated effects of climate change.

(2) On or before December 1, 2021, adopt the Vermont Climate Action Plan (Plan) and update the Plan on or before July 1 every four years thereafter. The Plan shall set forth the specific initiatives, programs, and strategies that the State shall pursue to reduce greenhouse gas emissions; achieve the State’s reduction requirements pursuant to section 578 of this title; and build resilience to prepare the State’s communities, infrastructure, and economy to adapt to the current and anticipated effects of climate change.

(3) Identify the means to accurately measure:

(A) the State’s greenhouse gas emissions and progress towards meeting the reduction requirements pursuant to section 578 of this title, including publishing emissions data in a timely manner;

(B) the effectiveness of the specific initiatives, programs, and strategies set forth in the Plan and updates to the Plan in reducing greenhouse gas emissions;

(C) the effect of climate change on the State’s climate, wildlife, and natural resources; and

(D) the existing resilience of the State’s communities, infrastructure, and economy and progress towards improving resilience to adapt to the current and anticipated effects of climate change.

(4) Provide guidance to the Secretary of Natural Resources concerning the form, content, and subject matter of rules to be adopted pursuant to section 593 of this chapter.

(c) The Council shall create the subcommittees listed in this subsection and may also create other subcommittees to advise the Council, assist in preparing the Plan, and carry out other duties. The Council may appoint members of the Council to serve as members of subcommittees and may also appoint individuals who are not members of the Council to serve as members of subcommittees.

(1) Rural Resilience and Adaptation Subcommittee. The Rural Resilience and Adaptation Subcommittee shall focus on the pressures that climate change adaptation will impose on rural transportation, electricity, housing, emergency services, and communications infrastructure, and the difficulty of rural communities in meeting the needs of its citizens. The Subcommittee shall:

(A) develop a municipal vulnerability index to include factors measuring a municipality’s population, average age, employment, and grand list trends; active public and civic organizations; and distance from emergency services and shelter;

(B) develop best practice recommendations specific to rural communities for reducing municipal, school district, and residential fossil fuel consumption; fortifying critical transportation, electricity, and community infrastructure; and creating a distributed, redundant, storage-supported local electrical system;

(C) recommend a means of securely sharing self-identified vulnerable residents’ information with State and local emergency responders and utilities;

(D) recommend tools for municipalities to assess their climate emergency preparedness, evaluate their financial capacity to address infrastructure resilience, and prioritize investment in that infrastructure; and

(E) utilize Vermont Emergency Management biennial reports to recommend program, policy, and legislative changes that will enhance municipal resilience to increased hazards presented by climate change.

(2) Cross-Sector Mitigation Subcommittee. This subcommittee shall focus on identifying the most scientifically and technologically feasible strategies and programs that will result in the largest possible greenhouse gas emissions reductions in the most cost-effective manner.

(3) Just Transitions Subcommittee. This subcommittee shall focus on ensuring that strategies to reduce greenhouse gas emissions and to build resilience to adapt to the effects of climate change benefit and support all residents of the State fairly and equitably. This subcommittee shall ensure that strategies consider the disproportionate impact of climate change on rural, low-income, and marginalized communities and that programs and incentives for building resilience are designed to be accessible to all Vermonters and do not unfairly burden any groups, communities, geographic locations, or economic sectors. This subcommittee may adopt a measurement tool to assess the equitability of programs and strategies considered by the Council.

(4) Agriculture and Ecosystems Subcommittee. This subcommittee shall focus on the role Vermont’s natural and working lands play in carbon sequestration and storage, climate adaptation, and ecosystem and community resilience. This subcommittee will seek to understand current initiatives in the agricultural and forestry sectors and the businesses that depend on them and to develop actions and policies that restore wetlands; increase carbon stored on agricultural and forest land and in forest products; and support healthy agricultural soils and local food systems.

(d) The Council shall recommend necessary legislation to the General Assembly concerning:

(1) adopting market-based or alternative compliance mechanisms as part of the State’s greenhouse gas emissions reduction strategies;

(2) changes to land use and development, including to chapter 151 of this title and 30 V.S.A. § 248, to reduce greenhouse gas emissions and promote resilience in response to climate change;

(3) statutory authority necessary to implement the Plan; and

(4) any other matter the Council deems appropriate.

(e) The Council shall have the administrative, technical, and legal assistance of the Agency of Natural Resources and the Department of Public Service and may request the assistance of any Executive Branch Agency and Department.

(f) A majority of the sitting members of the Council shall constitute a quorum, and action taken by the Council may be authorized by a majority of the members present and voting at any meeting at which a quorum is present. The Council may permit any or all members to participate in a meeting by, or conduct the meeting through the use of, any means of communication, including electronic, telecommunications, and video- or audio-conferencing technology, by which all members participating may simultaneously or sequentially communicate with each other during the meeting. A member participating in a meeting by this means is deemed to be present in person at the meeting. The Council shall meet at the call of the Chair or a majority of the members of the Council, and the Council may elect officers and adopt any other procedural rules as it shall determine necessary and appropriate to perform its work.

(g) Members of the Council and members of subcommittees who are not State employees shall be entitled to per diem compensation and reimbursement of expenses for each day spent in the performance of their duties, as permitted under 32 V.S.A. § 1010. These payments shall be made from monies appropriated to the Agency of Natural Resources.

(h) The members of the Council appointed pursuant to subdivision (a)(9) of this section shall be appointed to initial terms of two years, and members appointed pursuant to subdivision (a)(10) of this section shall be appointed to initial terms of three years. Thereafter, each appointed member shall serve a term of three years or until his or her earlier resignation or removal. A vacancy shall be filled by the appointing authority for the remainder of the unexpired term. An appointed member shall not serve more than three full consecutive three-year terms.

(i) On or before January 15, 2021 and every January 15 thereafter, the Council shall submit a written report to the General Assembly concerning the Council’s activities and the State’s progress towards meeting the greenhouse gas reduction requirements pursuant to section 578 of this title. On or before November 1, 2021 and every second November 1 thereafter, the Director of Vermont Emergency Management shall file a report with the Council concerning Vermont’s overall municipal resilience to increased hazards presented by climate change that shall include hazard mitigation plans, local emergency management plans, and survey results as deemed appropriate by the Director. Subsequent reports shall include updates to document progress in local resilience. The report shall inform Council recommendations on policies to address gaps in local resilience.

(Added 2019, No. 153 (Adj. Sess.), § 4, eff. Sept. 22, 2020; amended 2021, No. 3, § 58, eff. March 2, 2021; 2021, No. 20, §§ 46, 47.)

§ 592 The Vermont Climate Action Plan

(a) On or before December 1, 2021, the Vermont Climate Council (Council) shall adopt the Vermont Climate Action Plan (Plan) and update the Plan on or before July 1 every four years thereafter.

(b) The Plan shall set forth the specific initiatives, programs, and strategies, including regulatory and legislative changes, necessary to achieve the State’s greenhouse gas emissions reduction requirements pursuant to section 578 of this title and build resilience to prepare the State’s communities, infrastructure, and economy to adapt to the current and anticipated effects of climate change. The Plan shall include specific initiatives, programs, and strategies that will:

(1) reduce greenhouse gas emissions from the transportation, building, regulated utility, industrial, commercial, and agricultural sectors;

(2) encourage smart growth and related strategies;

(3) achieve long-term sequestration and storage of carbon and promote best management practices to achieve climate mitigation, adaption, and resilience on natural working lands;

(4) achieve net zero emissions by 2050 across all sectors;

(5) reduce energy burdens for rural and marginalized communities;

(6) limit the use of chemicals, substances, or products that contribute to climate change; and

(7) build and encourage climate adaptation and resilience of Vermont communities and natural systems.

(c) The analysis, development, and selection of the specific initiatives, programs, and strategies contained in the Plan and updates to the Plan shall be based upon:

(1) the Council’s analysis and evaluation of strategies and programs pursuant to subdivision 591(b)(1) of this chapter;

(2) reports, plans, and information pertaining to greenhouse gas emissions reduction and climate resilience strategies from the Agency of Natural Resources, the Department of Public Service, other State agencies and departments, and, where appropriate, the State Comprehensive Energy Plan prepared pursuant to 30 V.S.A. § 202b and the 2018 Vermont Climate Action Commission Report to the Governor; and

(3) other reports, plans, and information.

(d) The specific initiatives, programs, and strategies contained in the Plan and updates to the Plan shall further the following objectives:

(1) to prioritize the most cost-effective, technologically feasible, and equitable greenhouse gas emissions reduction pathways and adaptation and preparedness strategies informed by scientific and technical expertise;

(2) to provide for greenhouse gas emissions reductions that reflect the relative contribution of each source or category of source of emissions;

(3) to minimize negative impacts on marginalized and rural communities and upon individuals with low and moderate income;

(4) to ensure that all regions of the State benefit from greenhouse gas emissions reductions, including sharing in the resulting economic, quality-of-life, and public health benefits;

(5) to support economic sectors and regions of the State that face the greatest barriers to emissions reductions, especially rural and economically distressed regions and industries;

(6) to support industries, technology, and training that will allow workers and businesses in the State to benefit from greenhouse gas emissions reduction solutions;

(7) to support the use of natural solutions to reduce greenhouse gas emissions and increase resilience, including the use of working lands to sequester and store carbon and protect against severe weather events; and

(8) to maximize the State’s involvement in interstate and regional initiatives and programs designed to reduce regional greenhouse gas emissions and build upon state, national, and international partnerships and programs designed to mitigate climate change and its impacts.

(e) The Plan shall form the basis for the rules adopted by the Secretary of Natural Resources pursuant to section 593 of this chapter. If the Council fails to adopt the Plan or update the Plan as required by this chapter, the Secretary shall proceed with adopting and implementing rules pursuant to subsection 593(j) of this chapter to achieve the greenhouse gas emissions reductions requirements pursuant to section 578 of this title.

(Added 2019, No. 153 (Adj. Sess.), § 4, eff. Sept. 22, 2020.)

§ 593 Rules

(a) The Secretary of Natural Resources shall adopt rules pursuant to 3 V.S.A. chapter 25 consistent with the Vermont Climate Action Plan (Plan). In adopting rules pursuant to this section the Secretary shall:

(1) Ensure that the rules are consistent with the specific initiatives, programs, and strategies set forth in the Plan and updates to the Plan; follow the Vermont Climate Council’s guidance provided pursuant to subdivision 591(b)(4) of this chapter; and further the objectives pursuant to subsection 592(d) of this chapter.

(2) Develop a detailed record containing facts; data; and legal, scientific, and technical information sufficient to establish a reasonable basis to believe that the rules shall achieve the State’s greenhouse gas emissions reductions requirements pursuant to section 578 of this title. This detailed record shall be included with the rule and filed with the Secretary of State pursuant to 3 V.S.A. § 838.

(b) On or before December 1, 2022, the Secretary shall adopt and implement rules consistent with the specific initiatives, programs, and strategies set forth in the Plan and achieve the 2025 greenhouse gas emissions reduction requirement pursuant to section 578 of this title.

(c) The Secretary shall conduct public hearings across the State concerning the proposed rules. The Secretary shall conduct a portion of these hearings in areas and communities that have the most significant exposure to the impacts of climate change, including disadvantaged, low-income, and rural communities and areas.

(d) The Secretary shall, on or before July 1, 2024, review and, if necessary, update the rules required by subsection (b) of this section in order to ensure that the 2025 greenhouse gas emissions reduction requirement pursuant to section 578 of this title is achieved. In performing this review and update, the Secretary shall observe the requirements of subsection (c) of this section.

(e) On or before July 1, 2026, the Secretary shall adopt and implement rules consistent with the specific initiatives, programs, and strategies set forth in the Plan and updates to the Plan and achieve the 2030 greenhouse gas emissions reduction requirement pursuant to section 578 of this title. The Secretary shall observe the requirements of subsection (c) of this section.

(f) The Secretary shall, at his or her discretion, but not less frequently than once every two years between 2026 and 2030, review and, if necessary, update the rules required by subsection (e) of this section in order to ensure that the 2030 greenhouse gas emissions reduction requirement pursuant to section 578 of this title is achieved. In performing this review and update, the Secretary shall observe the requirements of subsection (c) of this section.

(g) On or before July 1, 2040, the Secretary shall adopt and implement rules consistent with the specific initiatives, programs, and strategies set forth in the Plan and updates to the Plan and achieve the 2050 greenhouse gas emissions reduction requirement pursuant to section 578 of this title.

(h) The Secretary shall, at his or her discretion, but not less frequently than once every two years between 2040 and 2050, review and, if necessary, update the rules required by subsection (g) of this section in order to ensure that the 2050 greenhouse gas emissions reduction requirement pursuant to section 578 of this title is achieved. In performing this review and update, the Secretary shall observe the requirements of subsection (c) of this section.

(i) The Secretary may establish alternative reduction mechanisms to be used by sources of greenhouse gas emissions, if necessary, to achieve net zero emissions after 2050.

(1) The use of alternative reduction mechanisms shall account for not more than 20 percent of statewide greenhouse gas emissions estimated as a percentage of 1990 emissions. The use of a mechanism must offset a quantity of greenhouse gas emissions equal to or greater than the amount of greenhouse gasses emitted.

(2) The Secretary shall verify that any greenhouse gas emissions offset projects authorized as alternative reduction mechanisms represent equivalent emissions reductions or carbon sequestration that are real, additional, verifiable, enforceable, and permanent.

(j) If the Council fails to adopt the Plan or update the Plan as required by section 592 of this chapter, the Secretary shall adopt and implement rules pursuant to 3 V.S.A. chapter 25 to achieve the greenhouse gas emissions reductions requirements pursuant to section 578 of this title.

(k) Nothing in this section shall be construed to limit the existing authority of a State agency, department, or entity to regulate greenhouse gas emissions or establish strategies or adopt rules to mitigate climate risk and build resilience to climate change.

(l) The General Assembly may repeal, revise, or modify any rule or amendment to any rule, and its action shall not be abridged, enlarged, or modified by subsequent rule.

(Added 2019, No. 153 (Adj. Sess.), § 4, eff. Sept. 22, 2020.)

§ 594 Cause of action

(a) Any person may commence an action based upon the failure of the Secretary of Natural Resources to adopt or update rules pursuant to the deadlines in section 593 of this chapter.

(1) The action shall be brought pursuant to Rule 75 of the Vermont Rules of Civil Procedure in the Civil Division of the Superior Court of Washington County.

(2) The complaint shall be filed within one year after expiration of the time in which the Secretary of Natural Resources was required to adopt or update rules pursuant to section 593 of this chapter. However, a person shall not commence an action under this subsection until at least 60 days after providing notice of the alleged violation to the Secretary.

(3) If the court finds that the Secretary has failed to adopt or update rules pursuant to the deadlines in section 593 of this chapter, the court shall enter an order directing the Secretary to adopt or update rules. If the court finds that the Secretary is taking prompt and effective action to adopt or update rules, the court may grant the Secretary a reasonable period of time to do so.

(b) Any person may commence an action alleging that rules adopted by the Secretary pursuant to section 593 of this chapter have failed to achieve the greenhouse gas emissions reductions requirements pursuant to section 578 of this title.

(1) The action shall be brought in the Civil Division of the Superior Court of Washington County.

(2) The complaint shall be filed within one year after the Vermont Greenhouse Gas Emission Inventory and Forecast published pursuant to section 582 of this title indicates that the rules adopted by the Secretary have failed to achieve the greenhouse gas emissions reductions requirements pursuant to section 578 of this title. However, a person shall not commence an action under this subsection until at least 60 days after providing notice of the alleged violation to the Secretary.

(3) If the court finds that the rules adopted by the Secretary pursuant to section 593 of this chapter are a substantial cause of failure to achieve the greenhouse gas emissions reductions requirements pursuant to section 578 of this title, the court shall enter an order remanding the matter to the Secretary to adopt or update rules that achieve the greenhouse gas emissions reductions requirements consistent with this chapter. If the court finds that the Secretary is taking prompt and effective action to comply, the court may grant the Secretary a reasonable period of time to do so.

(c) In an action brought pursuant to this section, a prevailing party or substantially prevailing party:

(1) that is a plaintiff shall be awarded reasonable costs and attorney’s fees unless doing so would not serve the interests of justice; or

(2) that is a defendant may be awarded reasonable costs and attorney’s fees if the action was frivolous or lacked a reasonable basis in law or fact.

(d) Nothing in this section shall be construed to limit the rights, procedures, and remedies available under any law, including the Vermont Administrative Procedure Act pursuant to 3 V.S.A. chapter 25.

(Added 2019, No. 153 (Adj. Sess.), § 4, eff. Sept. 22, 2020.)

Chapter 24A Climate Superfund Cost Recovery Program

§ 596 Definitions

As used in this chapter:

(1) “Agency” means the Agency of Natural Resources.

(2) “Climate change adaptation project” means a project designed to respond to, avoid, moderate, repair, or adapt to negative impacts caused by climate change and to assist human and natural communities, households, and businesses in preparing for future climate-change-driven disruptions. Climate change adaptation projects include implementing nature-based solutions and flood protections; home buyouts; upgrading stormwater drainage systems; making defensive upgrades to roads, bridges, railroads, and transit systems; preparing for and recovering from extreme weather events; undertaking preventive health care programs and providing medical care to treat illness or injury caused by the effects of climate change; relocating, elevating, or retrofitting sewage treatment plants and other infrastructure vulnerable to flooding; installing energy efficient cooling systems and other weatherization and energy efficiency upgrades and retrofits in public and private buildings, including schools and public housing, designed to reduce the public health effects of more frequent heat waves and forest fire smoke; upgrading parts of the electrical grid to increase stability and resilience, including supporting the creation of self-sufficient microgrids; and responding to toxic algae blooms, loss of agricultural topsoil, crop loss, and other climate-driven ecosystem threats to forests, farms, fisheries, and food systems.

(3) “Climate Superfund Cost Recovery Program” means the program established by this chapter.

(4) “Coal” means bituminous coal, anthracite coal, and lignite.

(5)(A) “Controlled group” means two or more entities treated as a single employer under:

(i) 26 U.S.C. § 52(a) or (b), without regard to 26 U.S.C. § 1563(b)(2)(C); or

(ii) 26 U.S.C. § 414(m) or (o).

(B) For purposes of this chapter, entities in a controlled group are treated as a single entity for purposes of meeting the definition of responsible party and are jointly and severally liable for payment of any cost recovery demand owed by any entity in the controlled group.

(6) “Cost recovery demand” means a charge asserted against a responsible party for cost recovery payments under the Program for payment to the Fund.

(7) “Covered greenhouse gas emissions” means the total quantity of greenhouse gases released into the atmosphere, expressed in metric tons of carbon dioxide equivalent, resulting from the use of fossil fuels extracted or refined by an entity during the covered period.

(8) “Covered period” means the period that began on January 1, 1995 and ended on December 31, 2024.

(9) “Crude oil” means oil or petroleum of any kind and in any form, including bitumen, oil sands, heavy oil, conventional and unconventional oil, shale oil, natural gas liquids, condensates, and related fossil fuels.

(10) “Entity” means any individual, trustee, agent, partnership, association, corporation, company, municipality, political subdivision, or other legal organization, including a foreign nation, that holds or held an ownership interest in a fossil fuel business during the covered period.

(11) “Environmental justice focus population” has the same meaning as in 3 V.S.A. § 6002.

(12) “Fossil fuel” means coal, petroleum products, and fuel gases.

(13) “Fossil fuel business” means a business engaging in the extraction of fossil fuels or the refining of petroleum products.

(14) “Fuel gases” or “fuel gas” means:

(A) methane;

(B) natural gas;

(C) liquified natural gas; and

(D) manufactured fuel gases.

(15) “Fund” means the Climate Superfund Cost Recovery Program Fund established pursuant to section 599 of this title.

(16) “Greenhouse gas” has the same meaning as in section 552 of this title.

(17) “Nature-based solutions” means projects that utilize or mimic nature or natural processes and functions and that may also offer environmental, economic, and social benefits while increasing resilience. Nature-based solutions include both green and natural infrastructure.

(18) “Notice of cost recovery demand” means the written communication from the Agency informing a responsible party of the amount of the cost recovery demand payable to the Fund.

(19) “Petroleum product” means any product refined or re-refined from:

(A) synthetic or crude oil; or

(B) crude oil extracted from natural gas liquids or other sources.

(20) “Program” means the Climate Superfund Cost Recovery Program established under this chapter.

(21) “Qualifying expenditure” means an authorized payment from the Fund to pay reasonable expenses associated with the administration of the Fund and the Program and to pay for a climate change adaptation project, including its operation, monitoring, and maintenance.

(22) “Responsible party” means any entity or a successor in interest to an entity that during any part of the covered period was engaged in the trade or business of extracting fossil fuel or refining crude oil and is determined by the Agency attributable to for more than one billion metric tons of covered greenhouse gas emissions. The term responsible party does not include any person who lacks sufficient connection with the State to satisfy the nexus requirements of the U.S. Constitution.

(23) “Strategy” means the Resilience Implementation Strategy adopted by the Agency.

(Added 2023, No. 122 (Adj. Sess.), § 2, eff. July 1, 2024; amended 2025, No. 47, § 22, eff. June 5, 2025.)

§ 597 The Climate Superfund Cost Recovery Program

There is hereby established the Climate Superfund Cost Recovery Program administered by the Climate Action Office of the Agency of Natural Resources. The purposes of the Program shall be all of the following:

(1) to secure compensatory payments from responsible parties based on a standard of strict liability to provide a source of revenue for climate change adaptation projects within the State;

(2) to determine proportional liability of responsible parties;

(3) to impose cost recovery demands on responsible parties and issue notices of cost recovery demands;

(4) to accept and collect payment from responsible parties;

(5) to develop, adopt, implement, and update the Strategy that will identify and prioritize climate change adaptation projects; and

(6) to disperse funds to implement climate change adaptation projects identified in the Strategy.

(Added 2023, No. 122 (Adj. Sess.), § 2, eff. July 1, 2024.)

§ 598 Liability of responsible parties

(a)(1) A responsible party shall be strictly liable for a share of the costs of climate change adaptation projects and all qualifying expenditures supported by the Fund.

(2) For purposes of this section, entities in a controlled group:

(A) shall be treated by the Agency as a single entity for the purposes of identifying responsible parties; and

(B) are jointly and severally liable for payment of any cost recovery demand owed by any entity in the controlled group.

(b) With respect to each responsible party, the cost recovery demand shall be equal to an amount that bears the same ratio to the cost to the State of Vermont and its residents, as calculated by the State Treasurer pursuant to section 599c of this title, from covered greenhouse gas emissions as the responsible party’s applicable share of covered greenhouse gas emissions bears to the aggregate applicable shares of covered greenhouse gas emissions.

(c) If a responsible party owns a minority interest of 10 percent or more in another entity, the responsible party’s applicable share of covered greenhouse gas emissions shall be increased by the applicable share of covered greenhouse gas emissions for the entity in which the responsible party holds a minority interest multiplied by the percentage of the minority interest held by the responsible party.

(d) The Agency shall use the U.S. Environmental Protection Agency’s Emissions Factors for Greenhouse Gas Inventories as applied to the fossil fuel volume data for the purpose of determining the amount of covered greenhouse gas emissions attributable to any entity from the fossil fuels attributable to the entity.

(e) The Agency may adjust the cost recovery demand amount of a responsible party who refined petroleum products or who is a successor in interest to an entity that refines petroleum products if the responsible party establishes to the satisfaction of the Agency that:

(1) a portion of the cost recovery demand amount was attributable to the refining of crude oil extracted by another responsible party; and

(2) the crude oil extracted by the other entity was accounted for when the Agency determined the cost recovery demand amount for the other entity or a successor in interest of the other entity.

(f) The Agency shall issue the cost recovery demands required under this section not later than six months following the adoption of the rules required under subdivision 599a(b)(2) of this title.

(g)(1) Except as provided in subdivision (2) of this subsection, a responsible party shall pay the cost recovery demand amount in full not later than six months following the Secretary’s issuance of the cost recovery demand.

(2)(A) A responsible party may elect to pay the cost recovery demand amount in nine annual installments in accordance with this subdivision (2).

(B) The first installment shall be paid not later than six months following the Secretary’s issuance of the cost recovery demand and shall be equal to 20 percent of the total cost recovery demand amount.

(C) Each subsequent installment shall be paid one year from the initial payment each subsequent year and shall be equal to 10 percent of the total cost recovery demand amount. The Secretary may charge reasonable interest on each installment payment or a payment delayed for any other reason and, at the Secretary’s discretion, may adjust the amount of a subsequent installment payment or a payment delayed for any other reason to reflect increases or decreases in the Consumer Price Index.

(D)(i) The unpaid balance of all remaining installments shall become due immediately if:

(I) the responsible party fails to pay any installment in a timely manner, as specified in Agency rules;

(II) except as provided in subdivision (ii) of this subdivision (g)(2)(D), there is a liquidation or sale of substantially all the assets of the responsible party; or

(III) the responsible party ceases to do business.

(ii) In the case of a sale of substantially all the assets of a responsible party, the remaining installments shall not become due immediately if the buyer enters into an agreement with the Agency under which the buyer assumes liability for the remaining installments due under this subdivision (2) in the same manner as if the buyer were the responsible party.

(h) The Agency shall deposit cost recovery payments collected under this chapter to the Climate Superfund Cost Recovery Program Fund established under section 599 of this title.

(i) A responsible party aggrieved by the issuance of a notice of cost recovery demand shall exhaust administrative remedies by filing a request for reconsideration with the Secretary within 30 days following issuance of the notice of cost recovery demand. A request for reconsideration shall state the grounds for the request and include supporting documentation. The Secretary shall notify the responsible party of the final decision by issuing a subsequent notice of cost recovery demand. A responsible party aggrieved by the issuance of a final notice of cost recovery demand may bring an action pursuant to Rule 74 of the Vermont Rules of Civil Procedure in the Civil Division of the Superior Court of Washington County.

(j) Nothing in this section shall be construed to supersede or diminish in any way any other remedies available to a person, as that term is defined in 1 V.S.A. § 128, at common law or under statute.

(Added 2023, No. 122 (Adj. Sess.), § 2, eff. July 1, 2024; amended 2025, No. 47, § 23, eff. June 5, 2025.)

§ 599 Climate Superfund Cost Recovery Program Fund

(a) There is created the Climate Superfund Cost Recovery Program Fund to be administered by the Secretary of Natural Resources to provide funding for climate change adaptation projects in the State. The Fund shall consist of:

(1) cost recovery payments distributed to the Fund under section 598 of this title;

(2) monies from time to time appropriated to the Fund by the General Assembly; and

(3) other gifts, donations, or other monies received from any source, public or private, dedicated for deposit into the Fund and approved by the Secretary of Administration.

(b) The Fund may be used only:

(1) to pay:

(A) qualified expenditures for climate change adaptation projects identified by the Agency in the Strategy; and

(B) reasonable administrative expenses of the Program, including the cost to the State Auditor associated with hiring technical expertise necessary to complete the audits required under section 599b of this title;

(2) to implement climate adaptation action identified in the State Hazard Mitigation Plan; and

(3) to implement the Community Resilience and Disaster Mitigation Grant Program established pursuant to 20 V.S.A. §§ 48 and 49.

(c) Notwithstanding any contrary provisions of 32 V.S.A. chapter 7, subchapter 5, unexpended balances and interest earned by the Fund shall be retained in the Fund from year to year.

(Added 2023, No. 122 (Adj. Sess.), § 2, eff. July 1, 2024.)

§ 599a Reports; rulemaking

(a) On or before January 15, 2025, the Agency, in consultation with the State Treasurer, shall submit a report to the General Assembly detailing the feasibility and progress of carrying out the requirements of this chapter, including any recommendations for improving the administration of the Program.

(b) The Agency shall adopt rules necessary to implement the requirements of this chapter, including:

(1) adopting methodologies using available science and publicly available data to identify responsible parties and determine their applicable share of covered greenhouse gas emissions; and

(2) requirements for registering entities that are responsible parties and issuing notices of cost recovery demands under the Program.

(c) On or before September 15, 2025, the Secretary shall submit to the House Committee on Environment and the Senate Committee on Natural Resources and Energy a report summarizing the Agency of Natural Resources’ adoption of the Resilience Implementation Strategy. The Strategy shall include:

(1) practices utilizing nature-based solutions intended to stabilize floodplains, riparian zones, lake shoreland, wetlands, and similar lands;

(2) practices to adapt infrastructure to the impacts of climate change;

(3) practices needed to build out early warning mechanisms and support fast, effective response to climate-related threats;

(4) practices that support economic and environmental sustainability in the face of changing climate conditions; and

(5) criteria and procedures for prioritizing climate change adaptation projects eligible to receive monies from the Climate Superfund Cost Recovery Program.

(d) In adopting the Strategy, the Agency shall:

(1) consult with the Environmental Justice Advisory Council;

(2) in consultation with other State agencies and departments, including the Department of Public Safety’s Division of Emergency Management, assess the adaptation needs and vulnerabilities of various areas vital to the State’s economy, normal functioning, and the health and well-being of Vermonters;

(3) identify major potential, proposed, and ongoing climate change adaptation projects throughout the State;

(4) identify opportunities for alignment with existing federal, State, and local funding streams;

(5) consult with stakeholders, including local governments, businesses, environmental advocates, relevant subject area experts, and representatives of environmental justice focus populations;

(6) consider components of the Vermont Climate Action Plan required under section 592 of this title that are related to adaptation or resilience, as defined in section 590 of this title; and

(7) conduct public engagement in areas and communities that have the most significant exposure to the impacts of climate change, including disadvantaged, low-income, and rural communities and areas.

(e) Nothing in this section shall be construed to limit the existing authority of a State agency, department, or entity to regulate greenhouse gas emissions or establish strategies or adopt rules to mitigate climate risk and build resilience to climate change.

(Added 2023, No. 122 (Adj. Sess.), § 2, eff. July 1, 2024; amended 2025, No. 47, § 20, eff. June 5, 2025; 2025, No. 57, § 18, eff. July 1, 2025.)

§ 599b Climate Change Cost Recovery Program audit

Beginning on January 1, 2031 and every five years thereafter, the State Auditor shall evaluate the operation and effectiveness of the Climate Superfund Cost Recovery Program. The Auditor shall make recommendations to the Agency on ways to increase program efficacy and cost-effectiveness. The Auditor shall submit the results of the audit to the Senate Committees on Natural Resources and Energy and on Judiciary and the House Committees on Environment and on Judiciary. The State Auditor shall be reimbursed from the Climate Superfund Cost Recovery Program Fund for any costs associated with hiring technical expertise necessary to complete the audits required under this section.

(Added 2023, No. 122 (Adj. Sess.), § 2, eff. July 1, 2024.)

§ 599c State Treasurer report on the cost to Vermont of covered greenhouse gas emissions

On or before January 15, 2027, the State Treasurer, after consultation with the Interagency Advisory Board to the Climate Action Office, and with any other person or entity whom the State Treasurer decides to consult for the purpose of obtaining and utilizing credible data or methodologies that the State Treasurer determines may aid the State Treasurer in making the assessments and estimates required by this section, shall submit to the Senate Committees on Appropriations, on Finance, on Agriculture, and on Natural Resources and Energy and the House Committees on Appropriations; on Ways and Means; on Agriculture, Food Resiliency, and Forestry; and on Environment an assessment of the cost to the State of Vermont and its residents of covered greenhouse gas emissions. The assessment shall include:

(1) a summary of the various cost-driving effects of covered greenhouse gas emissions on the State of Vermont, including effects on public health, natural resources, biodiversity, agriculture, economic development, flood preparedness and safety, housing, and any other effect that the State Treasurer, in consultation with the Climate Action Office, determines is relevant;

(2) a categorized calculation of the costs that have been incurred and are projected to be incurred in the future within the State of Vermont of each of the effects identified under subdivision (1) of this section; and

(3) a categorized calculation of the costs that have been incurred and are projected to be incurred in the future within the State of Vermont to abate the effects of covered greenhouse gas emissions on the State of Vermont and its residents.

(Added 2023, No. 122 (Adj. Sess.), § 2, eff. July 1, 2024; amended 2025, No. 47, § 24, eff. June 5, 2025.)

Chapter 25 Vermont Housing Finance Agency

Subchapter 1 General Provisions

§ 601 Definitions

The following words and terms, unless the context clearly indicates a different meaning, shall have the following meaning:

(1) “Agency” means the Vermont Housing Finance Agency created by this chapter.

(2) “Bonds, notes, and other obligations” or “bonds, bond anticipation notes, or other obligations” means any bonds, notes, debentures, interim certificates, or other evidences of financial indebtedness issued by the Agency pursuant to this chapter.

(3) “Eligible security” means any security or obligation payable from or evidencing an interest in mortgages or other obligations securing loans to finance residential housing in the State.

(4) “Federally insured mortgage loan” means a mortgage loan for residential housing insured or guaranteed by the United States or an agency or instrumentality thereof, or a commitment by the United States or an agency or instrumentality thereof to insure such a mortgage.

(5) “Federal mortgage loan” means a mortgage loan for residential housing made by the United States or an agency or instrumentality thereof or a commitment by the United States or an agency or instrumentality thereof to make such a mortgage loan.

(6) “Housing development costs” means the costs incurred in connection with the acquisition, construction, or rehabilitation of residential housing, including the costs of its physical construction, the costs of acquisition of land, real or personal property, rights, rights-of-way, easements, and franchises necessary or convenient for the construction, and the costs of legal, administrative, architectural and related professional services, the costs of insurance, project reports, survey, other preliminary expenses, and the costs of working capital, reserves, and carrying charges.

(7) “Housing sponsor” or “sponsor” means a person who is organized on a nonprofit or limited profit basis or agrees to appropriate conditions as described in subdivision 624(b)(5) of this title and who is approved by the Agency as qualified either to own, construct, acquire, rehabilitate, operate, manage, or maintain residential housing.

(8) “Mortgage” means a mortgage deed, deed of trust, or other instrument that shall constitute a lien on real property in fee simple or on a leasehold under a lease having a remaining term, at the time such mortgage is acquired, that does not expire prior to the maturity date.

(9) “Mortgage lender” means any bank or trust company, mortgage company approved by any government-sponsored entity, savings bank, savings and loan association, industrial bank, credit union, National Banking Association, federal savings and loan association, federal credit union, or other financial institution or governmental agency or instrumentality that customarily provides or otherwise aids in the financing of mortgage loans on residential housing located in the State.

(10) “Mortgage loan” means and includes:

(A) an interest-bearing or noninterest bearing obligation secured by either a mortgage or other security instrument constituting a lien on land and improvements in the State;

(B) an interest-bearing or noninterest bearing obligation secured by a pledge of a cooperative interest and a conditional assignment of the proprietary lease incidental thereto;

(C) an interest-bearing or noninterest bearing obligation secured by the owner-occupant’s interest in a mobile home, provided that:

(i) the mobile home is to be sited in a manner intended for continuous residential occupancy by the owner on land owned by the owner of the mobile home and shall be secured by a mortgage that shall constitute a first lien on the mobile home and the real property to which it is affixed; or

(ii) the mobile home is to be sited in a manner intended for continuous residential occupancy on land leased by the owner of the mobile home and shall be secured by a note or otherwise and collateral assignment of a lease of real property that shall constitute a first lien upon the mobile home. Notwithstanding any other provision of this chapter, the lease of the land upon which the mobile home is sited shall be for a term of at least one year, shall be renewable for periods of at least one year, and shall comply with the requirements of section 6236 of this title. This definition shall not preclude the requirement of security in addition to that specified in this subsection for any mortgage loan.

(11) “Persons and families of low and moderate income” means persons and families irrespective of race, creed, national origin, sex, sexual orientation, or gender identity deemed by the Agency to require such assistance as is made available by this chapter on account of insufficient personal or family income, taking into consideration, without limitation, such factors as:

(A) the amount of the total income of such persons and families available for housing needs;

(B) the size of the family;

(C) the cost and condition of residential housing available;

(D) the cost and availability of mortgage loans on residential housing in the State;

(E) the eligibility of such persons and families for federal housing assistance of any type predicated upon a low-income basis or upon the basis of the age of such persons;

(F) the ability of such persons and families to compete successfully in the normal housing market and to pay the amounts at which private enterprise is providing decent, safe, and sanitary housing, and deemed by the Agency therefore to be eligible to occupy residential housing constructed and financed, wholly or in part, with insured or guaranteed construction loans or insured or guaranteed mortgages, or with other public or private assistance other than as provided by this chapter.

(12) “Real property” means all lands, including improvements, and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms of years and liens by way of judgment, mortgage, or otherwise and the indebtedness secured by such liens.

(13) “Rehabilitation” means the rehabilitation, improvement, and repair of residential housing and facilities incidental thereto undertaken primarily to provide dwelling accommodations for occupancy by persons and families in this State.

(14) “Residential housing” means residential housing units designed primarily to provide principal dwelling accommodations whether on a permanent or temporary basis for persons or families, which may include the land and improvements thereon and such nonhousing facilities or services considered necessary or convenient or part of a community development plan by the Agency in connection with the residential housing, including commercial enterprises and government functions within the same building. “Residential housing” includes single or multi-family dwellings, congregate homes, residential care homes as defined in 33 V.S.A. § 7102, nursing homes, transitional housing, emergency shelters for the homeless or displaced, mobile homes, single room occupancy dwellings, and group homes for persons with psychiatric or developmental disabilities. “Residential housing” also means cooperative interests and mobile home parks as defined in section 6201 of this title.

(15) “Cooperative Housing Corporation” means a domestic corporation qualified under 11 V.S.A. chapter 14.

(16) “Cooperative interest” means a cooperative interest as defined in 11 V.S.A. chapter 14.

(17) “Member” means a person who owns a cooperative interest in a Cooperative Housing Corporation.

(18) “Mobile home” means “mobile home” as that term is defined in 9 V.S.A. chapter 72.

(19) “Equity loan” means a mortgage loan to a housing sponsor secured by a mortgage on property constituting residential housing in an amount that, when added to the amount of any prior mortgages on the property, does not exceed 90 percent of the value of the property plus the value of additional collateral deemed appropriate and as determined by the Agency, provided the Agency has made a finding that the effect of such loan will be to maintain or increase the supply of residential housing in the State for persons and families of low and moderate income.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974; amended 1975, No. 176 (Adj. Sess.), § 1, eff. March 26, 1976; 1987, No. 41, § 1; 1987, No. 250 (Adj. Sess.), § 1, eff. June 13, 1988; 1989, No. 77, §§ 1, 2, eff. June 7, 1989; 1991, No. 135 (Adj. Sess.), § 13; 1993, No. 141 (Adj. Sess.), § 18, eff. May 6, 1994; 2005, No. 189 (Adj. Sess.), § 1; 2007, No. 41, § 16; 2013, No. 96 (Adj. Sess.), § 34.)

§ 602 Statutory purposes

The statutory purpose of the exemption for the Vermont Housing Finance Agency in subsection 641(a) of this title is to provide and promote affordable housing.

(Added 2013, No. 200 (Adj. Sess.), § 8.)

Subchapter 2 Establishment and Organization

§ 611 Creation of the Vermont Housing Finance Agency

(a) There is created and established a body politic and corporate with such duties and powers as are set forth in this chapter, to be known as the “Vermont Housing Finance Agency” to carry out the provisions of this chapter. The Agency is constituted a public instrumentality exercising public and essential governmental functions, and the exercise by the Agency of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function of the State.

(b) The Agency shall consist of nine commissioners, including ex officio the Commissioner of Financial Regulation, the State Treasurer, the Secretary of Commerce and Community Development, the Executive Director of the Vermont Housing and Conservation Board or their designees, and five commissioners, who shall be residents of the State, and who shall in the opinion of the Governor with consideration of statewide geographic representation be knowledgeable in housing, finance, and financial planning or other related areas, to be appointed by the Governor with the advice and consent of the Senate for terms of four years. Any vacancies in the membership of the Agency shall be filled in like manner but only for the remainder of an unexpired term. Each commissioner shall hold office for the term of his or her appointment and until his or her successor is appointed and qualified. A commissioner appointed by the Governor may be removed from office by the Governor for misfeasance, malfeasance, or willful neglect of duty or other cause after notice and public hearing unless such notice or hearing is expressly waived in writing.

(c) The Governor shall designate annually a chair of the Agency from among the commissioners. The commissioners shall elect from among their number a vice chair annually and such other officers as they may determine. Meetings shall be held at the call of the Chair or whenever two commissioners so request. Five commissioners of the Agency shall constitute a quorum, and any action taken by the Agency under the provisions of this chapter may be authorized by resolution approved by a majority but not less than four of the commissioners present at any regular or special meeting. Resolutions of the Agency shall be made available to the public. No vacancy in the membership of the Agency shall impair the right of a quorum to exercise all the rights and perform all the duties of the Agency.

(d) Commissioners other than ex officio members shall receive compensation authorized under 32 V.S.A. § 1010 for each day spent in the performance of their duties and each such commissioner shall be reimbursed from the funds of the Agency for his or her reasonable expenses incurred in carrying out his or her duties under this chapter.

(e) Notwithstanding the provisions of any other law, no officer or employee of this State shall be deemed to have forfeited or shall forfeit his or her office or employment by reason of his or her acceptance of membership of the Agency or his or her service thereto.

(f) The commissioners shall employ an executive director of the Agency. The Executive Director shall be the Secretary of the Agency and shall administer, manage, and direct the affairs and business of the Agency, subject to the policies, control, and direction of the commissioners. The commissioners may employ technical experts and such other officers, agents and employees and fix their qualifications, duties and compensation.

(g) The Secretary shall keep a record of the proceedings of the Agency and shall be custodian of all books, documents, and papers filed with the Agency and of its minute book and seal. The Secretary shall have authority to cause to be made copies of all minutes and other records and documents of the Agency and to give certificates under the seal of the Agency to the effect that the copies are true copies and all persons dealing with the Agency may rely upon those certificates.

(h) Before entering into his or her duties, each commissioner of the Agency shall take and subscribe an oath to perform the duties of his or her office faithfully, impartially, and justly to the best of his or her ability. A record of the oath shall be filed in the Office of the Secretary of State.

(i) Notwithstanding any other law to the contrary it shall not be or constitute a conflict of interest for a trustee, director, officer, or employee of any financial institution, savings institution, investment banking firm, brokerage firm, commercial bank or trust company, architecture firm, insurance company, or any other firm, person, or corporation to serve as a member of the Agency, provided the trustee, director, officer, or employee abstains from deliberation, action and vote by the Agency in each instance where the business affiliation of any such trustee, director, officer, or employee is involved.

(j) The Agency and its existence shall continue so long as it shall have notes, bonds, or other obligations, or any indebtedness outstanding, including notes, bonds, or other obligations or any such indebtedness hereafter issued or incurred, and until its existence is terminated by law. The net earnings of the Agency, beyond that necessary for retirement of its notes, bonds, or other obligations or any such indebtedness or to implement the public purposes and programs authorized in this chapter, shall not inure to the benefit of any person other than the State. Upon termination of the existence of the Agency, title to all of the property owned by the Agency, including any net earnings of the Agency, shall vest in the State. The State reserves the right at any time to alter, amend, repeal, or otherwise change the structure, organization, programs, or activities of the Agency, including the power to terminate the Agency, except that no law shall impair the obligation of any contract or contracts entered into by the Agency to the extent the law would contravene the Constitution of the State or the Constitution of the United States of America.

(k) Notwithstanding any general or special law to the contrary, the provisions of 8 V.S.A. chapters 73 and 83 shall not apply to the Agency or to any loan heretofore or hereafter made or serviced by the Agency in accordance with this title.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974; amended 1975, No. 176 (Adj. Sess.), § 3, eff. March 26, 1976; 1987, No. 203 (Adj. Sess.), § 19, eff. May 27, 1988; 1989, No. 225 (Adj. Sess.), § 25; 1995, No. 180 (Adj. Sess.), § 38; 1995, No. 190 (Adj. Sess.), § 1(b); 2005, No. 75, § 18; 2009, No. 96 (Adj. Sess.), § 2; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012.)

Subchapter 3 Powers and Duties

§ 621 General powers and duties

The Agency shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including those general powers provided a business corporation by 11A V.S.A. § 3.02 and those general powers provided a nonprofit corporation by 11B V.S.A. § 3.02 and including, without limiting the generality of the foregoing, the power to:

(1) make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter, including contracts and instruments that may be made and executed with the State or the United States or any agency or instrumentality of either of them or with private corporations or individuals, including contracts with mortgage lenders or other qualified entities for the servicing of mortgages made or acquired by the Agency pursuant to this chapter or for assistance rendered the Agency in the location of all eligible mortgagees or to pay the reasonable value of services rendered to the Agency pursuant to these contracts;

(2) acquire real or personal property, or any interest therein, on either a temporary or long-term basis in its own name by gift, transfer, foreclosure, lease, pledge, assignment, or otherwise, including rights or easements in real property; hold, sell, assign, lease, encumber, mortgage, or otherwise dispose of any real or personal property or any interest therein; hold, sell, assign, or otherwise dispose of any mortgage lien interest owned by it or under its control, custody or in its possession; and release or relinquish any right, title, claim, lien, interest, easement, or demand however acquired, including any equity or right of redemption in property foreclosed by it and to do any of the foregoing by public or private sale, with or without public bidding, notwithstanding the provisions of any other law;

(3) receive and accept grants, aid, or contributions, from any source, of money, property, labor, or other things of value, to be held, used, and applied or awarded to carry out the purposes of this chapter subject to the conditions upon which the grants, aid, and contributions may be made, including gifts or grants from any agency or instrumentality of the United States or of this State for payment of rent supplements to eligible persons or families or for the payment in whole or in part of the interest expense of residential housing or for any other purpose consistent with this chapter;

(4) provide, contract, or arrange for consolidated processing of any aspect of the financing of residential housing under this chapter in order to avoid duplication thereof by either undertaking the processing in whole or in part on behalf of any department, agency, or instrumentality of the United States or of this State, or, in the alternative, to delegate or contract for the processing in whole or in part to any department, agency, or instrumentality of the United States or of this State, or to a private contractor acceptable to the Agency;

(5) provide advice, technical information, assistance in obtaining federal and State aid, and make such grants, loans, or advances as will assist the planning, construction, rehabilitation, and operation of residential housing primarily for persons of low and moderate income, including assistance in community development and organization, advisory services, the formation of cooperative housing corporations and to encourage community organizations to assist in developing same;

(6) conduct research and promote development in housing, building technology, and related fields;

(7) stimulate environmental planning for housing for persons of low and moderate income in order to enhance opportunities of such persons for self-development and employment;

(8) procure insurance against any loss in connection with its property and other assets, including mortgages and mortgage loans, in such amounts and from such insurers as it deems desirable;

(9) subject to any agreement with bondholders or noteholders, invest monies of the Agency not required for immediate use, including proceeds from the sale of any bonds or notes, at the discretion of the Agency in the same manner as permitted for investment of funds belonging to the State or held in the Treasury;

(10) include in any borrowing such amounts as may be deemed necessary by the Agency to pay financing charges, interest on its obligations for a period not exceeding one year from their date, consultant advisory and legal fees, and such other expenses as are necessary or incident to such borrowing;

(11) subject to any agreement with bondholders or noteholders, purchase bonds or notes of the Agency out of any funds or money of the Agency available therefor, and to hold, cancel, or resell such bonds or notes;

(12) make and publish rules and regulations respecting its housing programs and such other rules and regulations as are necessary to effectuate its corporate purposes;

(13) borrow money and issue bonds and notes or other evidences of indebtedness thereof, issue mortgage credit certificates as hereinafter provided;

(14) subject to any agreement with bondholders or noteholders, refinance any mortgage loan made by the Agency in accordance with this chapter and consent to any modification with respect to rate of interest, time and payment of any installment of principal or interest, security or any other term of any contract, mortgage, mortgage loan, mortgage loan commitment, contract, or agreement of any kind to which the Agency is a party, and refinance any loan made by others if the Agency finds that such refinancing will maintain or increase the supply of residential housing in the State for persons and families of low and moderate income;

(15) procure or agree to the procurement of insurance or guarantees from the federal government of the payment of any bonds or notes or any other evidences of indebtedness thereof issued by the Agency including the power to pay premiums on any such insurance;

(16) purchase and enter into commitments to purchase eligible securities from mortgage lenders provided the proceeds of such purchase are reinvested by such mortgage lenders in new mortgage loans on residential housing for occupancy by persons and families of low and moderate income;

(17) do any and all things necessary or convenient to effectuate the purposes and provisions of this chapter and to carry out its purposes and exercise the powers given and granted in this chapter;

(18) make grants and loans or advances for predevelopment activities related to the development of residential housing;

(19) make loans or advances secured by a mortgage to housing sponsors for the acquisition, construction, rehabilitation, operation, or maintenance of residential housing;

(20) make loans to members of a housing cooperative corporation to finance their cooperative interests in such housing cooperative corporation and make mortgage loans and loans to persons or families to finance mobile homes;

(21) use funds received from real estate trust and escrow accounts established under 26 V.S.A. § 2214(c), IORTA funds, for down payment and closing cost assistance with priority given to persons and families at or below 90 percent of median income and to persons and families purchasing perpetually affordable housing;

[Subdivision (22) repealed on July 1, 2039.]

(22) issue bonds, notes, and other obligations secured by the property transfer tax revenues transferred to the Agency pursuant to 32 V.S.A. § 9610(d); and

(23) develop a program to finance and promote housing weatherization using funds appropriated by the State, funds generated through issuing bonds, notes and other obligations of the Agency, and funds from other sources obtained through grants or other arrangements, giving priority to programs benefiting persons and families at or below 120 percent of median income with high energy burdens and to programs to expand the pool of qualified weatherization contractors in the State.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974; amended 1975, No. 176 (Adj. Sess.), § 4, eff. March 26, 1976; 1987, No. 8, § 1, eff. April 14, 1987; 1987, No. 41, § 2; 1987, No. 250 (Adj. Sess.), § 2, eff. June 13, 1988; 1989, No. 77, § 3, eff. June 7, 1989; 1991, No. 86, § 2, eff. Jan. 1, 1992; 2005, No. 189 (Adj. Sess.), § 2; 2017, No. 85, § I.5; 2017, No. 85, § I.11; 2021, No. 74, § E.802.)

§ 622 Powers relative to purchase of and sale to mortgage lenders of mortgage loans; loans through mortgage lenders

The Agency shall have the following powers in addition to others granted in this chapter:

(1) To invest in, purchase or make commitments to purchase, and take assignments from mortgage lenders, of notes and mortgages evidencing mortgage loans for the purchase or refinancing of residential housing, whether or not for occupancy by persons and families of low and moderate income in this State upon the terms set forth in section 623 of this title.

(2) To make loans to mortgage lenders under terms and conditions set forth in section 623 of this title.

(3) To make commitments to purchase, and to purchase, service, and sell mortgage loans and to make loans directly upon the security of any such mortgage, provided the underlying mortgage loans shall have been made and shall be continued to be used solely to finance or refinance the construction, rehabilitation, purchase, or leasing of residential housing in this State.

(4) To sell, at public or private sale, with or without public bidding, any mortgage or other obligation held by the Agency.

(5) Subject to any agreement with bondholders or noteholders, to collect, enforce the collection of, and foreclose on any collateral securing its loans to mortgage lenders and acquire or take possession of such collateral and sell the same at public or private sale, with or without public bidding, and otherwise deal with such collateral as may be necessary to protect the interest of the Agency therein.

(6) Renegotiate, refinance, or foreclose or sell, or contract for the foreclosure of or sale of, any mortgage in default; waive any default or consent to the modification of the terms of any mortgage; commence any action to protect or enforce any right conferred upon it by any law, mortgage, contract or other agreement, and bid for and purchase such property at any foreclosure or at any other sale, or acquire or take possession of any such property; operate, manage, lease, dispose of, and otherwise deal with such property, in such manner as may be necessary to protect the interests of the Agency and the holders of its bonds, notes or other obligations.

(7) To purchase, make, or otherwise participate in the making, to enter into commitments, for the purchase, making, or participation in the making, of eligible loans for rehabilitation to persons and families of low and moderate income, and to owners of existing residential housing for occupancy by those persons and families, for the rehabilitation of existing residential housing owned by them. The loans may be insured or uninsured and shall be made with such security as the Agency considers advisable. They may be made in amounts sufficient to refinance existing indebtedness secured by the property, if the refinancing is determined by the Agency to be necessary to permit the owner to meet his or her housing costs without expending an unreasonable portion of his or her income on it. A loan for rehabilitation shall not be made unless the Agency determines that the loan is to be used primarily to make the housing more desirable to live in, to increase the market value of the housing, to comply with building, housing maintenance, fire, health, or similar codes and standards applicable to housing, to accomplish energy conservation related improvements, or to ensure independent living for elders or persons who have a disability.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974; amended 1977, No. 59, § 1, eff. April 23, 1977; 1987, No. 41, § 3; 2005, No. 189 (Adj. Sess.), § 3; 2013, No. 96 (Adj. Sess.), § 35.)

§ 623 Terms and conditions of the purchase and sale to mortgage lenders of mortgage loans; loans through mortgage lenders

(a) No mortgage or other obligation purchased from a mortgage lender shall be eligible for purchase or commitment to purchase by the Agency hereunder unless at or before the time of transfer thereof to the Agency such mortgage lender certifies:

(1) That in its judgment the loan would in respect of the security therefor be a prudent investment for its own account;

(2) That the proceeds of sale or its equivalent shall be reinvested in new mortgage loans on residential housing for occupancy by persons and families primarily of low and moderate income within the State, or in loans for the rehabilitation of such residential housing, which rehabilitation loans need not be secured by a first mortgage lien, or invested in short-term obligations pending the purchase of those mortgages, or that the mortgage loans purchased or to be purchased by the Agency are new mortgage loans on residential housing for occupancy by persons and families primarily of low and moderate income within the State. However, each such new mortgage loan shall have been initiated for the purpose of sale to the Agency; and

(3) That mortgage loans or rehabilitation loans made by mortgage lenders from the proceeds of sale of mortgages to the Agency shall bear a rate or rates of interest less than the prevailing rate of interest on comparable mortgage loans or rehabilitation loans available in the State without the assistance of the Agency, except when such proceeds arise from the sale to the Agency of new mortgage loans on residential housing for occupancy by persons and families primarily of low and moderate income within the State.

(b) The Agency shall purchase mortgage loans at a purchase price equal to the outstanding principal balance thereof. However, a discount from the principal balance or the payment of a premium may be employed to effect a fair rate of return, as determined by the rate of return on comparable investments under market conditions existing at the time of purchase. In addition to the payment of outstanding principal balance, the Agency shall pay the accrued interest due thereon, on the date the loan or obligation is delivered against payment therefor.

(c) Loans purchased or sold hereunder shall consist of federally insured mortgage loans or loans that are insured, guaranteed, or assisted by the State or by an agency or instrumentality thereof or for which there is a commitment by the United States or the State or an agency or instrumentality thereof to insure, guarantee, or assist such loan, and other mortgage loans that the Agency deems to be of reasonably comparable security.

(d) The Agency shall from time to time adopt, modify, or repeal rules and regulations governing the making of loans to mortgage lenders and the purchase and sale of mortgage loans and the application of the proceeds thereof, including rules and regulations as to any or all of the following:

(1) procedures for the submission of requests or the invitation of proposals for the purchase and sale of mortgage loans or for loans to mortgage lenders;

(2) limitations or restrictions as to location or other qualifications or characteristics of residences to be financed from the proceeds of such purchase or loans;

(3) restrictions as to the interest rates on loans made from the proceeds of purchase of mortgage loans or from loans to mortgage lenders or the return realized therefrom by mortgage lenders;

(4) requirements as to commitments by mortgage lenders with respect to the application of the proceeds of such purchase or loan;

(5) schedules of any fees and charges necessary to provide for expenses and reserves of the Agency;

(6) requirements and specifications as to recourse; and

(7) any other matters related to the duties and the exercise of the powers of the Agency under this section.

(e) The rules and regulations shall be designed to effectuate the general purposes of this chapter and the following specific objectives:

(1) the expansion of the supply of funds in the State available for mortgage loans for residential housing generally and particularly for occupancy by persons and families of low and moderate income;

(2) provision for additional housing or rehabilitated housing needed to remedy the shortage of adequate housing in the State and to eliminate the existence of a large number of substandard dwellings; and

(3) the restriction of the financial return and benefit on mortgage loans for residential housing for persons and families of low and moderate income to that level necessary to protect against the realization of mortgage lenders of a financial return or benefit in excess of prevailing market conditions;

(4) in the case of mortgage loans secured by cooperative interest in cooperative housing corporations, to ensure that the purchase of such mortgage loans with the proceeds of bonds of the Agency will not, without the consent of the Agency, cause such bonds to be “other than qualified mortgage bonds.”

(f) The interest rates and other terms of loans to mortgage lenders made from the proceeds of any issue of bonds of the Agency shall be at least sufficient so as to ensure the payment, from the amounts received by the Agency in repayment of the loans and interest thereon, of the bonds and the interest thereon as the same become due, including bonds and the interest thereon issued by the Agency to fund reserves.

(g) The Agency shall require as a condition of each loan to a mortgage lender:

(1) that the mortgage lender shall on or prior to the 180th day, or such earlier day as shall be prescribed by rules and regulations of the Agency, following the receipt of the loan proceeds, have entered into written commitments to make, and shall thereafter proceed as promptly as practicable to make and disburse from the loan proceeds, mortgage loans on residential housing primarily for occupancy by persons and families of low and moderate income in an aggregate principal amount equal to the amount of the loan less any fees and expenses of the mortgage lender approved by the Agency or loans for the rehabilitation of such residential housing, which rehabilitation loans need not be secured by a first mortgage lien; and

(2) that mortgage loans or rehabilitation loans made by mortgage lenders with the proceeds of a loan to such mortgage lender shall bear a rate or rates of interest less than the prevailing rate of interest on comparable mortgage loans or rehabilitation loans available in the State without the assistance of the Agency.

(h) The Agency may require that the loans to mortgage lenders shall be additionally secured as to payment of both principal and interest by a pledge of and lien upon collateral security in such amounts as the Agency shall by resolution determine to be necessary to ensure the payment of the loans and the interest thereon as they become due. The collateral security shall consist of:

(1) direct obligations of, or obligations guaranteed by the United States of America;

(2) obligations, satisfactory to the Agency, issued by any of the following federal agencies: Bank for Cooperatives, Federal Intermediate Credit Bank, Federal Home Loan Bank System, Federal Land Banks, the Government National Mortgage Association; Federal National Mortgage Association; or Federal Home Loan Mortgage Corporation;

(3) direct obligations of or obligations guaranteed by the State; or

(4) mortgages insured or guaranteed as to payment of principal and interest by the United States of America or an agency or instrumentality thereof or by the State or an agency or instrumentality thereof;

(5) mortgages that the Agency deems to be of reasonably comparable security.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974; amended 1975, No. 14, § 1, eff. March 17, 1975; 1983, No. 52, § 2, eff. April 23, 1983; 1987, No. 41, § 4; 2005, No. 189 (Adj. Sess.), § 4.)

§ 624 Making of loans to housing sponsors

(a) The Agency may:

(1) Make, undertake commitments to make, purchase, undertake commitments to purchase, and participate with mortgage lenders in the making of mortgage loans, and to make grants, loans, and advances to housing sponsors to finance the acquisition, construction, or rehabilitation of residential housing, provided, that this subdivision shall not be construed to include equity loans.

(2) Institute any action or proceeding against any housing sponsor receiving a loan under the provisions of this chapter, or owning any residential housing under this chapter in any court of competent jurisdiction in order to enforce the provisions of this chapter or the terms and provisions of any agreement or contract between the Agency and the recipients of loans under the provisions of this chapter, or to foreclose its mortgage, or to protect the public interest, the occupants of the residential housing, or the stockholders or creditors, if any, of the housing sponsors. In connection with any such action or proceeding it may apply for the appointment of a receiver to take over, manage, operate, and maintain the affairs of the housing sponsor and the Agency, through such agent as it designates, may accept the appointment of the receiver of any housing sponsor when so appointed by a court of competent jurisdiction. In the event of the reorganization of any housing sponsor, to the extent possible under the provisions of law, the reorganization shall be subject to the supervision and control of the Agency and no reorganization may be accomplished without the prior written consent of the Agency. In the event of a judgment against any housing sponsor in any action not pertaining to the foreclosure of a mortgage, there may be no sale of any of the real property included in any residential housing of that housing sponsor except upon 60 days written notice to the Agency. Upon receipt of the notice the Agency shall take such steps as in its judgment may be necessary to protect the rights of all parties.

(3) Make, undertake commitments to make, purchase, undertake commitments to purchase, and participate with mortgage lenders in the making of equity loans.

(b) The Agency shall provide by rules or regulations for the terms and conditions of mortgage loans to housing sponsors of residential housing. Mortgage loans made by the Agency to housing sponsors, in addition to such other terms and conditions as the Agency may by rule or regulation provide, shall be subject to the following:

(1) No application for a mortgage loan may be approved unless the applicant is a housing sponsor as defined in section 601 of this title;

(2) The mortgage loan may be in an amount not to exceed the value of the residential housing as determined by the Agency. The value determined may include the value of additional collateral as deemed appropriate by the Agency;

(3) The mortgage loan shall be secured in such manner and be repaid in such period, not exceeding 40 years, as may be determined by the Agency and shall bear interest at a rate determined by the Agency. The interest rates shall be established by the Agency at the lowest level consistent with the Agency’s cost of operation and its responsibilities to the holders of its bonds, bond anticipation notes, and other obligations. In addition to such interest charges, the Agency may make and collect such fees and charges, including reimbursement of the Agency’s operating expenses, financing costs, service charges, insurance premiums, and mortgage insurance premiums, as the Agency determines to be reasonable;

(4) Each mortgage and promissory note accompanying the mortgage shall contain such terms and provisions and be in such form as approved by the Agency;

(5) Each mortgage loan to a housing sponsor for residential housing shall be subject to an agreement between the agency and the housing sponsor which will subject the housing sponsor and its principals or stockholders, if any, to limitations established by the agency as to sale prices, rental, and other charges, builder’s and developer’s profits and fees, and the disposition of its property and franchise to the extent more restrictive limitations are not provided by the law under which the housing sponsor is incorporated or organized or by this chapter; and

(6) The Agency shall have the power at all times during the construction or rehabilitation of residential housing and its operation:

(A) to enter upon and inspect any residential housing including all parts thereof, for the purpose of investigating the physical and financial condition thereof, and its construction, rehabilitation, operation, management, and maintenance, and to examine all books and records of the housing sponsor with respect to capitalization, income, and other matters relating thereto and to make those charges as may be required to cover the cost of the inspections and examinations;

(B) to order such alterations, changes, or repairs as may be necessary to protect the security of its investment in residential housing or the health, safety, and welfare of the occupants or its users and to ensure that the residential housing is or has been constructed or rehabilitated in conformity with all applicable plans and specifications and building codes; and

(C) to order any managing agent or sponsor of residential housing to do those acts as may be necessary to comply with the provisions of all applicable laws, ordinances, or building codes or any rule or regulation of the Agency or the terms of any agreement concerning the residential housing or to refrain from doing any acts in violation of it, and in this regard the Agency shall be a proper party to file a complaint and to prosecute thereon for any violations of law, ordinances or building codes as set forth in this chapter.

(c) [Repealed.]

(Added 1975, No. 176 (Adj. Sess.), § 5, eff. March 26, 1976; amended 1977, No. 47, § 2, eff. April 20, 1977; 1977, No. 199 (Adj. Sess.), § 1; 1987, No. 41, § 5; 1989, No. 77, § 4, eff. June 7, 1989; 2005, No. 189 (Adj. Sess.), §§ 5, 6.)

§ 625 Procedure prior to financing of multi-family housing undertaken by housing sponsors

The Agency may not finance any residential housing undertaken by a housing sponsor under subdivision 624(a)(1) of this title unless:

(1) the residential housing is primarily for occupancy by persons and families of low and moderate income, or qualifies for financing with proceeds of federally tax-exempt obligations, or at least 20 percent of the units are for occupancy by persons and families of low and moderate income;

(2) the Agency determines that the acquisition, construction, or rehabilitation costs incurred or to be incurred by the housing sponsor under agreement are for housing development costs within the meaning of this chapter;

(3) the Agency determines that there exists, or without the proposed residential housing there will exist, a shortage of decent, safe, and sanitary housing at rentals or prices that persons and families of low or moderate income are able to afford within the general housing market area or there is a shortage of temporary transitional or emergency housing to be served by the proposed residential housing; and

(4) the Agency determines that the housing sponsor or sponsors undertaking the proposed housing development will maintain or increase the supply of well-planned, well-designed permanent, temporary, transitional, or emergency housing for persons or families of low and moderate income and that the sponsors are financially responsible persons or institutions.

(Added 1975, No. 176 (Adj. Sess.), § 6, eff. March 26, 1976; amended 1987, No. 41, § 6; 1989, No. 77, § 5, eff. June 7, 1989; 2005, No. 189 (Adj. Sess.), §§ 7, 8; 2007, No. 176 (Adj. Sess.), § 11, eff. July 1, 2008.)

§ 626 Rules; insulation of structures

(a) The Agency may adopt rules, but they shall be under 3 V.S.A. chapter 25, providing standards for the insulation, design, and equipping of buildings to minimize, insofar as is practicable and economical, the transfer of heat or cold between the interior and exterior of the building. The rules shall:

(1) be consistent with standard practices and techniques in the construction industry; and

(2) be, insofar as is practicable, consistent with nationally recognized building codes and regulations adopted under the authority of Congress; and

(3) not require the installation of devices, equipment, or materials that would substantially alter the basic architecture of an existing building.

(b) The Agency shall publish a manual that shall be made available, at cost, to any person upon his or her request. The manual shall show by diagram and otherwise various acceptable methods, materials, and devices that may be used by the owners of buildings and others to comply with the standards adopted by rule under subsection (a) of this section.

(Added 1977, No. 59, § 2, eff. April 23, 1977.)

§ 627 Mortgage purchases

(a) In addition to other powers granted in this chapter, the Agency shall have the power to participate with mortgage lenders in a program whereby mortgage loans, rehabilitation loans, and eligible securities are purchased from mortgage lenders by the Agency or by others. Before participating in any such program, the Agency shall determine that its participation will tend to expand the supply of funds in the State available for mortgage loans for residential housing generally and particularly for occupancy by persons and families of low and moderate income. The Agency may enter into contracts or other instruments for the administration and implementation of such programs. The Agency shall adopt rules and regulations in respect of such program as provided in subsections (d) and (e) of section 623 of this title but such program shall not otherwise be subject to the requirements of sections 622 and 623. If the purchaser of such loans and securities pursuant to this section is the Agency or a trust established under subsection (c) of this section, such purchase may be financed through the issue of bonds, notes, or other obligations by the Agency under subsection (b) of this section or through the issue of eligible securities by the Agency or a trust under subsections (c), (d), and (e) of this section. Such purchase may be refinanced by any of such methods whether previously financed or refinanced under any of such methods or otherwise. If the purchaser of such loans and securities pursuant to this section is not the Agency or such a trust, or if a purchase by the Agency or trust is for purposes of resale to others and does not involve the issue of bonds, notes, or other obligations or eligible securities by the Agency or trust, the Agency and trust shall each have power:

(1) to cooperate with such other purchasers, with mortgage lenders, and with others;

(2) to provide and agree to provide services in pooling and servicing such loans and securities;

(3) to agree to bear risk of loss subject to such limitations as the Agency may prescribe; and

(4) to do anything necessary or appropriate to participate in programs of other government agencies, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, their successors, or other financial institutions or intermediaries involved in the residential mortgage market that are not inconsistent with the purposes of this chapter.

(b) Bonds, notes, and other obligations issued by the Agency pursuant to this section shall not be general obligations of the Agency, shall not be secured in whole or in part by a debt service reserve fund to which State funds may be appropriated pursuant to subsection 632a(f) of this title, shall not be subject to subdivision 631(b)(1) of this title, and shall not be taken into account for purposes of the limitation on indebtedness of the Agency contained in the last sentence of subdivision 631(a)(1). Such bonds, notes, and other obligations shall be payable solely from the receipts, revenues, or other income derived in respect of loans and securities purchased pursuant to this section or from the proceeds of such bonds, notes, and other obligations, or from receipts, revenues, or other income derived in respect of such proceeds or reserves established therefrom. Any official statement or other prospectus used by the Agency in offering such obligations for sale shall clearly indicate that such obligations are not the debt or obligation of the State or of the Agency except to the extent provided in this section.

(c) Eligible securities issued pursuant to this section may be issued by the Agency itself. The Agency, by indenture or otherwise, may also establish a trust as the issuer of eligible securities under this section. The Agency may but need not be trustee of such a trust. Such a trust shall be established in such manner and subject to such provisions as the Agency deems necessary or appropriate to carry out the purposes of this section. A trust so established shall be a public instrumentality of the State acting on behalf of the State to the same extent as the Agency itself.

(d)(1) In issuing eligible securities pursuant to this section, the Agency and any trust established by it shall have, in addition to its other powers under this chapter or general law, all the powers the Agency has in issuing bonds, notes, and other obligations pursuant to subsection (b) of this section, subject to the special provisions of subsection (b) of this section, including the following powers:

(A) to authorize such securities, to issue them as negotiable investment securities, to execute them through appropriate present or former officers, and to sell them at public or private sale;

(B) to make agreements and contracts with, and valid and effective pledges of property to, securities holders by resolution or otherwise;

(C) to issue taxable securities, cause them to be registered, and grant appropriate indemnification;

(D) to purchase and deal in such securities;

(E) to secure such securities by appropriate trust instruments and agree that its contracts with securities holders will not be impaired by the State; and

(F) to use and invest proceeds of securities and refunding securities.

(2) The Agency’s exercise of the powers set forth in subdivision (1) of this subsection shall be in the manner more fully provided in this chapter for bonds, notes, and other obligations, or in a manner the Agency determines is reasonably comparable thereto taking into account the different characteristics of eligible securities, or of the issuer thereof, and other matters the Agency considers necessary or appropriate to effectively issue such securities.

(e) Without limiting the generality of subsection (d) of this section:

(1) eligible securities issued by the Agency or a public instrumentality pursuant to this section shall be legal investments to the same extent as bonds and notes issued under this chapter;

(2) the holders of such securities shall be entitled to the same remedies, so far as apt, as are provided to holders of bonds and notes under section 635 of this title; and

(3) if such securities evidence the issuer’s interest in mortgages otherwise than by the issuer’s promise to pay principal and interest in fixed amounts and at stated times, they shall not be subject to the provisions of this chapter governing amounts and times of payment of principal and interest on bonds, notes, and other obligations, and no finding under section 631(b)(2) of this title as to sufficiency of receipts, revenues, or other income to pay such securities shall be required with respect to them.

(Added 1981, No. 23, § 2, eff. April 14, 1981; amended 1983, No. 52, § 3, eff. April 23, 1983; 2019, No. 14, § 14, eff. April 30, 2019.)

§ 628 Mortgage credit certificates

In addition to other powers granted in this chapter, the Agency shall have the power to establish a qualified mortgage credit certificate program and to issue mortgage credit certificates as provided in this section. The terms “qualified mortgage credit certificate program” and “mortgage credit certificate” shall have the meaning prescribed in Section 25 of the Internal Revenue Code, as amended. Before establishing a qualified mortgage credit certificate program, the Agency shall determine that to do so will effectuate the purposes of this chapter. In carrying out such a program, the Agency shall have the power to take all appropriate actions for such purpose, including formulating and implementing administration procedures, making all necessary reports and filings, and electing not to issue bonds or notes otherwise authorized by this chapter. In lieu of the requirements of this chapter applicable to the purchase and sale by the Agency of mortgage loans and rehabilitation loans, any qualified mortgage certificate program established by the Agency shall comply with and be subject to the provisions of Section 25 of the Internal Revenue Code, as amended, and regulations thereunder as in effect from time to time. Any rule, regulation, practice, policy, or procedure adopted by the Agency for the purpose of implementing or administering a mortgage credit certificate program shall not be subject to the requirements of 3 V.S.A. chapter 25.

(Added 1987, No. 8, § 2, eff. April 14, 1987.)

Subchapter 4 Form and Nature of Bonds and Notes

§ 631 Bonds and notes

(a)(1) The Agency may issue its negotiable notes and bonds in such principal amount as the Agency determines to be necessary to provide sufficient funds for achieving any of its corporate purposes, including the payment of interest on notes and bonds of the Agency, establishment of reserves to secure the notes and bonds including the reserve funds created under section 632 of this title, and all other expenditures of the Agency incident to and necessary or convenient to carry out its corporate purposes and powers.

(2) The Agency shall have the power, from time to time, to issue notes to renew notes and bonds to pay notes, including the interest thereon and, whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any of its corporate purposes.

(3) Except as may otherwise be expressly provided by resolution of the Agency, every issue of its notes and bonds shall be general obligations of the Agency payable out of any revenues or monies of the Agency, subject only to any agreements with the holders of particular notes or bonds pledging any particular revenues.

(b) The notes and bonds shall be authorized by resolution or resolutions of the Agency, shall bear such date or dates and shall mature at such time or times as the resolution or resolutions may provide, except that no bond shall mature more than 42 years from the date of its issue. The bonds may be issued as serial bonds or as term bonds or as a combination thereof. The notes and bonds shall bear interest at such rate or rates, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places within or without the State, and be subject to such terms of redemption as the resolution or resolutions may provide; provided, however, that at the time of the authorization of the issuance of such bonds or notes the Agency determines in such resolution:

(1) that mortgage loans made by or on behalf of the Agency, directly or indirectly, with the proceeds of such bonds or notes in accordance with section 621 or 622 of this title can be issued bearing a rate or rates of interest that will be less than the prevailing rate of interest on comparable mortgage loans available in the State without the assistance of the Agency at the time the bonds or notes are sold; and

(2) that the Agency will derive receipts, revenues, or other income from mortgages purchased or loans made through mortgage lenders with the proceeds of such bonds or notes sufficient to provide, together with all other available receipts, revenues, and income of the Agency, for the payment of such bonds or notes and the payment of all costs and expenses incurred by the Agency with respect to the program or purpose for which such bonds or notes are issued. The notes and bonds of the Agency may be sold by the Agency, at public or private sale, at such price or prices as the Agency shall determine.

(c) Any resolution or resolutions authorizing any notes or bonds or any issue thereof may contain provisions, which shall be a part of the contract or contracts with the holders thereof, as to:

(1) pledging all or any part of the revenues of the Agency to secure the payment of the notes or bonds or of any issue thereof, subject to such agreements with noteholders or bondholders as may then exist;

(2) pledging all or any part of the assets of the Agency, including mortgages and obligations securing the same, to secure the payment of the notes or bonds or of any issue of notes or bonds, subject to such agreements with noteholders or bondholders as may then exist;

(3) the use and disposition of the gross income from mortgages owned by the Agency and payments upon other obligations held by the Agency;

(4) the setting aside of reserves or sinking funds and the regulation and disposition thereof;

(5) limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging the proceeds to secure the payment of the notes or bonds or of any issue thereof;

(6) limitations on the issuance of additional notes or bonds, the terms upon which additional notes or bonds may be issued and secured, and the refunding of outstanding or other notes or bonds;

(7) the procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent thereto, and the manner in which consent may be given;

(8) limitations on the amount of monies to be expended by the Agency for operating expenses of the Agency;

(9) vesting in a trustee or trustees, within or without the State, such property, rights, powers, and duties in trust as the Agency may determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders pursuant to this chapter and limiting or abrogating the right of the bondholders to appoint a trustee under this chapter or limiting the rights, powers, and duties of the trustee;

(10) defining the acts or omissions to act that shall constitute a default in the obligations and duties of the Agency to the holders of the notes or bonds and providing for the rights and remedies of the holders of the notes or bonds in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that the rights and remedies shall not be inconsistent with the general laws of the State and other provisions of this chapter; and

(11) any other matters, of like or different character, that in any way affect the security or protection of the holders of the notes or bonds.

(d) Any pledge made by the Agency shall be valid and binding from the time when the pledge is made; the revenues, monies, or property so pledged and thereafter received by the Agency shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Agency, irrespective of whether such parties have notice thereof.

(e) Bonds, notes, and other obligations authorized under this chapter may, in the discretion of the Agency, be issued with such terms as will cause the interest thereon to be subject to federal income taxation. To the extent required for their sale, the Agency may register such obligations, including the obligations of a trust established pursuant to section 627 of this title, under applicable federal and State securities laws. No person executing any bonds, notes, and other obligations issued by the Agency or others under authority of this chapter shall be subject to any personal liability or accountability by reason of the issuance thereof. The Agency shall indemnify any person who shall have served as a commissioner, officer, or employee of the Agency against financial loss or litigation expense arising out of or in connection with any claim or suit involving allegations that pecuniary harm has been sustained as a result of any transaction authorized by this chapter, unless such person is found by a final judicial determination not to have acted in good faith and for a purpose that he or she reasonably believed to be lawful and in the best interests of the Agency.

(f) The Agency, subject to such agreements with noteholders or bondholders as may then exist, shall have power out of any funds available therefor to purchase notes or bonds of the Agency at a price as shall be determined in the economic best interests of the Agency.

(g) In the discretion of the Agency, the notes or bonds may be secured by a trust indenture by and between the Agency and a corporate trustee, which may be any trust company or bank having the power of a trust company within or without the State. The trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the noteholders or bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Agency in relation to the exercise of its corporate powers and the custody, safeguarding, and application of all monies. The Agency may provide by such trust indenture for the payment of the proceeds of the notes or bonds and the revenues to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out the trust indenture may be treated as a part of the operating expenses of the Agency. If the notes or bonds shall be secured by a trust indenture, the noteholders and bondholders shall have no authority to appoint a separate trustee to represent them.

(h) Any law to the contrary notwithstanding, a bond or note issued under this chapter is fully negotiable for all purposes of 9A V.S.A. § 1-101 et seq., and each holder or owner of a bond or note, or of any coupon appurtenant thereto, by accepting the bond or note or coupon shall be conclusively deemed to have agreed that the bond, note, or coupon is fully negotiable for those purposes.

(i) Any provision of this chapter or of any other law or any recitals in any bonds or notes issued under this chapter to the contrary notwithstanding, all bonds, notes, and interest coupons appertaining thereto issued by the Agency shall have and are hereby declared to have all the qualities and incidents, including negotiability, of investment securities under 9A V.S.A. § 1-101 et seq., but no provision of those sections respecting the filing of a financing statement to perfect a security interest shall be applicable to any security interest created in connection with the issuance of the bonds, notes, or coupons.

(j) In case any of the commissioners, executive director, or officers of the Agency whose signatures appear on any notes or bonds or coupons shall cease to be commissioners, executive director, or officers before the delivery of such notes or bonds, the signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners, executive director, or officers had remained in office until such delivery.

(k) Interest rate exchange agreements. The Agency may enter into one or more agreements for the exchange of interest rates, cash flows, or payments to reduce net borrowing costs, achieve desirable net effective interest rates in connection with its issuance and sale of debt obligations and to provide for an efficient means of debt management.

[Subsection (l) repealed on July 1, 2039.]

(l)(1) The bonds, notes, and other obligations authorized to be issued pursuant to subdivision 621(22) of this title shall be secured by a pledge of the property transfer tax revenues to be transferred to the Agency pursuant to 32 V.S.A. § 9610(d) and shall mature on or before June 30, 2039.

(2) The Agency may issue the bonds, notes, and other obligations in one or more series at one time or from time to time, provided that the aggregate annual debt service on the bonds, notes, and other obligations shall not exceed $2,500,000.00 at any time.

(3) The Agency shall transfer the proceeds of the bonds, notes, and other obligations, less issuance fees and costs and required reserves, to the Vermont Housing and Conservation Trust Fund established pursuant to section 312 of this title for use by the Vermont Housing and Conservation Board as provided in section 314 of this title.

(4) The Agency, the Vermont Housing and Conservation Board, and the State Treasurer may execute one or more agreements governing the terms and conditions under which the property transfer tax revenues that secure the bonds, notes, and obligations shall be transferred to the Agency, and any other issues they determine appropriate.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974; amended 1975, No. 176 (Adj. Sess.), § 2, eff. March 26, 1976; 1977, No. 47, §§ 3, 4, eff. April 20, 1977; 1977, No. 199 (Adj. Sess.), § 2; 1979, No. 36, § 2, eff. April 18, 1979; 1979, No. 97 (Adj. Sess.), § 1, eff. March 20, 1980; 1981, No. 23, § 3, eff. April 14, 1981; 1983, No. 52, § 4, eff. April 23, 1983; 1985, No. 94, §§ 1, 2; 1987, No. 250 (Adj. Sess.), § 3, eff. June 13, 1988; 1989, No. 145 (Adj. Sess.), § 1, eff. April 20, 1990; 2005, No. 75, § 19; 2005, No. 189 (Adj. Sess.), § 9; 2007, No. 86 (Adj. Sess.), § 1, eff. March 3, 2008; 2009, No. 1 (Sp. Sess.), § H.12, eff. June 2, 2009; 2017, No. 85, § I.6; 2017, No. 85, § I.11.)

§ 632 Repealed

[Repealed]

2009, No. 1 (Sp. Sess.), § H.13, eff. June 2, 2009.

§ 632a Reserve and pledged equity funds

(a) The Agency may create and establish one or more special funds, herein referred to as “debt service reserve funds” or “pledged equity funds.”

(b) The Agency shall pay into each debt service reserve fund:

(1) Any monies appropriated and made available by the State for the purpose of such fund.

(2) Any proceeds of the sale of notes, bonds, or other debt instruments to the extent provided in the resolution or resolutions of the Agency authorizing their issuance.

(3) Any other monies or financial instruments such as surety bonds, letters of credit, or similar obligations that may be made available to the Agency for the purpose of such fund from any other source or sources. All monies or financial instruments held in any debt service reserve fund created and established under this section except as hereinafter provided shall be used, as required, solely for the payment of the principal of the bonds, notes, or other debt instruments secured in whole or in part by such fund or of the payments with respect to the bonds, notes, or other debt instruments specified in any resolution of the Agency as a sinking fund payment, the purchase or redemption of the bonds, the payment of interest on the bonds, notes, or other debt instruments, or the payment of any redemption premium required to be paid when the bonds, notes, or other debt instruments are redeemed prior to maturity, or to reimburse the issuer of a liquidity or credit facility, bond insurance, or other credit enhancement for the payment by such party of any of the foregoing amounts on the Agency’s behalf; provided, however, that the monies or financial instruments in any such debt reserve fund shall not be drawn upon or withdrawn therefrom at any time in such amounts as would reduce the amount of such funds to less than the debt service reserve requirement established by resolution of the Agency for such fund as provided in this section except for the purpose of paying, when due, with respect to bonds secured in whole or in part by such fund, the principal, interest, redemption premiums, and sinking fund payments and of reimbursing, when due, the issuer of any credit enhancement for any such payments made by it, for the payment of which other monies of the Agency are not available. Any income or interest earned by or increment to any debt service reserve fund due to the investment thereof may be transferred by the Agency to other funds or accounts of the Agency to the extent it does not reduce the amount of such debt service reserve fund below the debt service reserve requirement for such fund.

(c) The Agency shall pay into each pledged equity fund:

(1) Any monies appropriated and made available by the State for the purpose of such fund.

(2) Any proceeds of the sale of notes, bonds, or other debt instruments to the extent provided in the resolution or resolutions of the Agency authorizing the issuance thereof.

(3) Any other monies or financial instruments such as surety bonds, letters of credit, or similar obligations that may be made available to the Agency for the purpose of such fund from any other source or sources. All monies or financial instruments held in any pledged equity fund created and established under this section except as provided in this section shall be used, as required, solely to provide pledged equity or over-collateralization of any trust estate of the Agency to the issuer of a liquidity or credit facility, bond insurance, or other credit enhancement obtained by the Agency; provided, however, that the monies or financial instruments in any pledged equity fund shall not be drawn upon or withdrawn from such fund at any time in such amounts as would reduce the amount of such funds to less than the pledged equity requirement established by resolution of the Agency for such fund as provided in this section except for the purposes set forth in and in accordance with the governing resolution. Any income or interest earned by or increment to any pledged equity fund due to the investment thereof may be transferred by the Agency to other funds or accounts of the Agency to the extent it does not reduce the amount of such pledged equity fund below the requirement for such fund. Anything in this subdivision to the contrary notwithstanding, upon the defeasance of the bonds, notes, or other debt instruments with respect to which the pledged equity requirement was established, the Agency may transfer amounts in such fund to another fund or account of the Agency proportionately to the amount of such defeasance, provided that the Agency shall repay to the State any amount appropriated by the State pursuant to subsection (f) of this section.

(d) The debt service reserve and pledged equity requirements for any fund established under this section shall be established by resolution of the Agency prior to the issuance of any bonds, notes, or other debt instruments secured in whole or in part by a debt service reserve fund or prior to entering into any credit enhancement agreement and shall be the amount determined by the Agency to be reasonably required in light of the facts and circumstances of the particular debt issue or credit enhancement, provided that the maximum amount of the State’s commitment with respect to any pledged equity fund shall be determined by the Agency at or prior to entering into any credit enhancement agreement related to such pledged equity fund. The Agency shall not at any time issue bonds, notes, or other debt instruments secured in whole or in part by a debt service reserve fund or enter into any credit enhancement agreement that requires establishment of a pledged equity fund created and established under this section unless:

(1) the Agency at the time of such issuance or execution shall deposit in such fund from the proceeds of such bonds, notes, or other debt instruments or from other sources an amount that, together with the amount then in such fund, will not be less than the requirement established for such fund at that time;

(2) the Agency has made a determination at the time of the authorization of the issuance of such bonds, notes, or other debt instruments or at the time of entering into such credit enhancement agreement that the Agency will derive revenues or other income from the mortgage loans that secure such bonds, notes, or other debt instruments or that relate to any credit enhancement agreement sufficient to provide, together with all other available revenues and income of the Agency other than any amounts appropriated by the State pursuant to this section for the payment or purchase of such bonds, notes, and other debt instruments and reimbursement to the issuer of any credit enhancement the payment of any expected deposits into any pledged equity fund established with respect to such credit enhancement, and the payment of all costs and expenses incurred by the Agency with respect to the program or purpose for which such bonds, notes, or other debt instruments are issued; and

(3) the State Treasurer or designee has provided written approval to the Agency that the Agency may issue such bonds, notes, or other debt instruments and enter into any related credit enhancement agreement.

(e) In computing the amount of the debt service reserve or pledged equity funds for the purpose of this section, securities in which all or a portion of such funds shall be invested shall be valued at par if purchased at par or at amortized value, as that term is defined by resolution of the Agency, if purchased at other than par.

(f) In order to ensure the maintenance of the debt service reserve fund requirement in each debt service reserve fund established by the Agency under this section, there may be appropriated annually and paid to the Agency for deposit in each fund a sum as shall be certified by the Chair of the Agency to the Governor, the President of the Senate, and the Speaker of the House as is necessary to establish or restore each such debt service reserve fund to an amount equal to the requirement for each such fund. The Chair shall annually, on or about February 1, make, execute, and deliver to the Governor, the President of the Senate, and the Speaker of the House a certificate stating the sum required to restore each such fund to the amount required by this section, and the Governor shall, on or before March 1, submit a request for appropriations in the amount so certified, and such amount may be appropriated and, if appropriated, shall be paid to the Agency during the then current State fiscal year. In order to ensure the funding of the pledged equity fund requirement in each pledged equity fund established by the Agency under this section at the time and in the amount determined at the time of entering into any credit enhancement agreement related to a pledged equity fund, there may be appropriated and paid to the Agency for deposit in each fund a sum as shall be certified by the Chair of the Agency to the Governor, the President of the Senate, and the Speaker of the House as is necessary to establish each pledged equity fund to an amount equal to the amount determined by the Agency at the time of entering into any credit enhancement agreement related to a pledged equity fund; provided that the amount requested, together with any amounts previously appropriated pursuant to this subsection for a particular pledged equity fund, shall not exceed the maximum amount of the State’s commitment as determined by the Agency pursuant to subsection (d) of this section. The Chair shall, on or about the February 1 next following the designated date for fully funding a pledged equity fund, make, execute, and deliver to the Governor, the President of the Senate, and the Speaker of the House a certificate stating the sum required to bring each fund to the amount required by this section or to otherwise satisfy the State’s commitment with respect to each fund, and the Governor shall, on or before March 1, submit a request for appropriations in the amount so certified, and such amount may be appropriated and, such amount, if appropriated, shall be paid to the Agency during the then current State fiscal year. The combined principal amount of bonds, notes, and other debt instruments outstanding at any time and secured in whole or in part by a debt service reserve fund established under this section and the aggregate commitment of the State to fund pledged equity funds pursuant to this subsection shall not exceed $155,000,000.00 at any time, provided that the foregoing shall not impair the obligation of any contract or contracts entered into by the Agency in contravention of the Constitution of the United States. Notwithstanding anything in this section to the contrary, the State’s obligation with respect to funding any pledged equity fund shall be limited to its maximum commitment, as determined by the Agency pursuant to subsection (d) of this section, and the State shall have no other obligation to replenish or maintain any pledged equity fund.

(Added 2009, No. 1 (Sp. Sess.), § H.14, eff. June 2, 2009; amended 2011, No. 40, § 55, eff. May 20, 2011.)

§ 633 Refunding obligations — Issuance

The Agency may provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding that have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such obligations and for any corporate purpose of the Agency. The issuance of such obligations, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the Agency in respect of the same shall be governed by the provisions of this chapter that relate to the issuance of obligations, insofar as those provisions may be appropriate.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974.)

§ 634 Refunding obligations — Sale

Refunding obligations issued as provided in section 633 of this title may be sold or exchanged for outstanding obligations issued under this chapter and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption, or payment of such outstanding obligations. Pending the application of the proceeds of any refunding obligations, with any other available funds, to the payment of the principal, accrued interest, and any redemption premium on the obligations being refunded, and, if so provided or permitted in the resolution authorizing the issuance of such refunding obligations or in the trust agreement securing them to the payment of any interest on such refunding obligations and any expenses in connection with such refunding, such proceeds may be invested in direct obligations of, or obligations the principal of and the interest on that are unconditionally guaranteed by the United States of America that shall mature or that shall be subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974.)

§ 635 Remedies of bondholders and noteholders

(a) In the event that the Agency defaults in the payment of principal or of interest on any bonds or notes issued under this chapter after they become due, whether at maturity or upon call for redemption, and the default continues for a period of 30 days, or in the event that the Agency fails or refuses to comply with the provisions of this chapter, or defaults in any agreement made with the holders of an issue of bonds or notes of the Agency, the holders of 25 percent in aggregate principal amount of the bonds or notes of such issue then outstanding, by instrument or instruments filed in the Office of the Secretary of State and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such bonds or notes for the purposes herein provided.

(b) Such trustee may, and upon written request of the holders of 25 percent in principal amount of such bonds or notes then outstanding shall, in his or her or its own name:

(1) enforce all rights of the bondholders or noteholders, including the right to require the Agency to collect interest and amortization payments on the mortgages or other obligations held by it adequate to carry out any agreement as to, or pledge of, the interest and amortization payments, and to require the Agency to carry out any other agreements with the holders of such bonds or notes and to perform its duties under this chapter;

(2) enforce all rights of the bondholders or noteholders, including the right to collect and enforce the payment of principal of and interest due or becoming due on loans to mortgage lenders and collect and enforce any collateral securing the loans or sell the collateral, so as to carry out any contract as to, or pledge of revenues, and to require the Agency to carry out and perform the terms of any contract with the holders of such bonds or notes or its duties under this chapter;

(3) bring suit upon all or any part of such bonds or notes;

(4) by action or suit, require the Agency to account as if it were the trustee of an express trust for the holders of such bonds or notes;

(5) by action or suit, enjoin any acts or things that may be unlawful or in violation of the rights of the holders of such bonds or notes;

(6) declare all such bonds or notes due and payable, and, if all defaults shall be made good, then with the consent of the holders of 25 percent of the principal amount of such bonds or notes then outstanding to annul the declaration and its consequences.

(c) The trustee shall in addition to the foregoing have and possess all the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.

(d) Before declaring the principal of bonds or notes due and payable, the trustee shall first give 30 days’ notice in writing to the Governor, to the Agency and to the Attorney General of the State.

(e) The Superior Courts or courts with equity jurisdiction shall have jurisdiction of any suit, action, or proceeding by the trustee on behalf of bondholders or noteholders.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974.)

§ 636 Pledge of the State

The State does hereby pledge to and agree with the holders of the notes and bonds issued under this chapter that the State will not limit or restrict the rights hereby vested in the Agency to perform its obligations and to fulfill the terms of any agreement made with the holders of its bonds or notes or in any way impair the rights and remedies of the holders until the notes and bonds, together with interest thereon, and interest on any unpaid installments of interest, are fully met, paid and discharged. The Agency is authorized to execute this pledge and agreement of the State in any agreement with the holders of the notes or bonds.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974.)

§ 637 Sovereign immunity, credit of State not pledged

The Agency shall have the benefit of sovereign immunity to the same extent as the State of Vermont. Commissioners, officers, employees, and the executive director of the Agency shall be deemed employees of the State for purposes of 12 V.S.A. chapter 189 (tort claims against State) and 3 V.S.A. chapter 29 (claims against State employees). Notwithstanding the foregoing, obligations issued under the provisions of this chapter shall not be deemed to constitute a debt or liability or obligation of the State or of any political subdivision thereof or a pledge of the faith and credit of the State or of any political subdivision but shall be payable solely from the revenues or assets of the Agency. Each obligation issued under this chapter shall contain on the face thereof a statement to the effect that the Agency shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor and that neither the faith and credit nor the taxing power of the State or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such obligations.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974; amended 2003, No. 122 (Adj. Sess.), § 240a; 2005, No. 75, § 20.)

§ 638 Notes and bonds as legal investments

Notwithstanding any other law, the State and all public officers, governmental units, and agencies thereof, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, all credit unions, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, monies, or other funds belonging to them or within their control in any bonds or notes issued under this chapter, and the bonds or notes are authorized security for any and all public deposits.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974.)

§ 639 Annual reports; audit

(a) On or before the last day of January in each year, the Agency shall submit a report of its activities for the preceding fiscal year to the Governor and to the General Assembly, specifically the committees in the House and Senate with jurisdiction over housing. Each report shall set forth a complete operating and financial statement covering its operations during the year, including the Agency’s present and projected economic health, amount of indebtedness, a statement of the amounts received from funds generated by interest from real estate escrow and trust accounts established pursuant to 26 V.S.A. § 2214(c), a list and description of the programs to which IORTA funds were provided and the amounts distributed to each county. The Agency shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants; the cost shall be considered an expense of the Agency and a copy shall be filed with the State Treasurer. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

(b) The Auditor of Accounts of the State and his or her duly authorized representatives may at any time examine the accounts and books of the Agency, including its receipts, disbursements, contracts, sinking funds, investments, and any other matters relating to its financial statements.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974; amended 1989, No. 145 (Adj. Sess.), § 3, eff. April 20, 1990; 1991, No. 86, § 3, eff. Jan. 1, 1992; 2007, No. 86 (Adj. Sess.), § 2, eff. March 3, 2008; 2013, No. 142 (Adj. Sess.), § 17.)

§ 640 Authorization to accept appropriated monies

The Agency is authorized to accept and expend such monies as may be appropriated or approved from time to time by the General Assembly for effectuating its corporate purposes including the payment of the initial expenses of administration and operation and the establishment of reserves or contingency funds to be available for the payment of the principal of and the interest on any bonds, notes, or other obligations of the Agency.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974.)

§ 641 Tax exemption

(a) All property of the Agency is public property devoted to an essential public and governmental function and purpose and is exempt from all taxes, franchise fees, and special assessments of whatever nature of the State or any subdivision. All bonds or notes issued under this chapter are issued by a body corporate and public of this State and for an essential public and governmental purpose and those bonds and notes, and the interest thereon and the income therefrom, and all activities of the Agency and fees, charges, funds, revenues, incomes, and other monies of the Agency whether or not pledged or available to pay or secure the payment of those bonds or notes, or interest thereon, are exempt from all taxation, franchise fees, or special assessments of whatever kind except for transfer, inheritance, and estate taxes.

(b) The Agency is not required to make or file any reports, statements, or informational returns required of any other bodies corporate except as provided in this chapter.

(c) Notwithstanding subsection (a) of this section, a tax lien on real property that has attached pursuant to 32 V.S.A. § 5061 shall not be extinguished as a result of the acquisition by the Agency of property subject to such lien. No real property owned by the Agency on April 1 of any year shall be assessed for taxes by any municipality and no lien for taxes pursuant to 32 V.S.A. § 5061 shall attach to such property whether or not the Agency subsequently transfers the property to a taxable person prior to April 1 of the following year.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974; amended 1983, No. 215 (Adj. Sess.), § 2, eff. May 10, 1984.)

§ 642 Liberal construction

Neither this chapter nor anything herein contained is or shall be construed as a restriction or limitation upon any powers that the Agency might otherwise have under any laws of this State, and this chapter is cumulative to any such powers. This chapter does and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974.)

§ 643 Inconsistent provisions in other laws superseded

Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, general, special, or local, the provisions of this chapter shall be controlling.

(Added 1973, No. 260 (Adj. Sess.), § 3, eff. April 11, 1974.)

Chapter 26 Vermont Film Corporation

Subchapter 1 Vermont Film Corporation

§§ 644-647 Repealed

[Repealed]

2011, No. 52, § 16(a), eff. May 27, 2011.

Subchapter 3 Vermont Film Production Incentive Program

§§ 650-650g Repealed

[Repealed]

2011, No. 52, § 16(a), eff. May 27, 2011.

Chapter 27 Travel and Recreation Policy

Subchapter 1 Travel and Recreation Council

§ 651 Findings; policy and purpose

The General Assembly finds that the State of Vermont is endowed with extraordinary natural beauty by its mountains, waterways, and open spaces; that the State of Vermont is rich in its historic heritage, its cultural offerings, the renown of its superior workmanship, the unique designs of its crafts people, and the variety of its recreational lodgings, attractions, and services, all of which enrich the lives of Vermonters and the many travelers who visit the State each year; that the travel and recreation industry is an important sector of the Vermont economy, serving the needs of Vermonters as well as the many visitors of our State, providing significant employment opportunities and revenues, and contributing to the economic well-being of the State; and that recognition of this important industry and enhanced promotion of Vermont as a travel destination in cooperation with the private sector is in the public interest. Therefore, it is the public policy of the State of Vermont, while protecting the natural quality of the State, to support and encourage reasonable growth in the number of travelers to the State and to assist in enhancing the competitive position of travel-related businesses in the State; and further, it is of public benefit that a travel and recreation council be established to contribute to the development of the State travel and recreation policy.

(Added 1987, No. 83, § 2.)

§ 652 Travel and Recreation Council; membership

(a) The Travel and Recreation Council is created. It shall comprise the following members:

(1) the Secretary of Commerce and Community Development or designee;

(2) the Secretary of Natural Resources or designee;

(3) the Secretary of Transportation or designee;

(4) the Secretary of Agriculture, Food and Markets or designee;

(5) the Commissioner of Tourism and Marketing or designee; and

(6) ten members from the private sector appointed by the Governor.

(b)(1) The ten members appointed by the Governor shall serve a term of three years, beginning July 1, or the unexpired portion thereof. For the initial appointments, the Governor shall appoint three for one year, four for two years, and three for three years.

(2) When appointing members, the Governor shall consider persons who have understanding of the travel and recreation industry and who will adequately represent the various interests in the State.

(c) The Council shall elect its chair annually from among its members.

(d) The Council shall meet at least quarterly at the call of the Chair or the agency secretary.

(e) Members of the Council shall be entitled to receive per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010, which shall be paid by the Agency of Commerce and Community Development.

(Added 1987, No. 83, § 2; amended 1995, No. 46 § 37; 1995, No. 190 (Adj. Sess.), § 1(a), (d); 2003, No. 42, § 2, eff. May 27, 2003; 2019, No. 61, § 6.)

§ 653 Travel and Recreation Council; functions

(a) The Council shall advise the Secretary of Commerce and Community Development, and the Secretary shall consult with the Council, on matters relating to State travel and recreation policy, State travel and recreation promotion programs, and other programs of the Department of Tourism and Marketing.

(b) In addition to any other functions the Council may perform, it shall:

(1) review and consult with the Secretary on the development of an annual marketing plan for travel and recreation. Such a plan shall be initially developed by the Agency in consultation with the Council. This plan shall then be submitted to the Council for its further review and comments, which shall be considered by the Agency before the Agency adopts a final plan;

(2) assist the Secretary in the Agency’s preparation of a long-term comprehensive State travel and recreation plan. Before the Agency adopts a final plan, the plan shall be reviewed at a public hearing and shall be submitted to the Council for its further review and comments;

(3) assist the Secretary in selecting proposals for awarding funds under the matching grants promotional programs under subchapter 2 of this chapter and in reviewing proposals for cooperative and partnership travel promotion efforts.

(Added 1987, No. 83, § 2; amended 1995, No. 190 (Adj. Sess.), § 1(a), (c).)

Subchapter 2 Travel Promotion Matching Fund Program

§ 661 Travel promotion matching fund program

There is established a travel promotion matching fund program to serve the following purposes:

(1) to allow the State of Vermont to provide part of the funds necessary for a travel promotion chamber or association to conduct promotional programs on a statewide or regional basis in order to increase the volume of nonresident visitation to the State or a particular region within the State;

(2) to strengthen and further encourage regional and statewide promotion by the private sector;

(3) to strengthen the State image by coordinating the promotional efforts of the private sector and the Vermont Department of Tourism and Marketing of the Agency of Commerce and Community Development.

(Added 1979, No. 137 (Adj. Sess.), § 2, eff. April 22, 1980; amended 1995, No. 190 (Adj. Sess.), § 1(c).)

§ 662 Allocation of funds

(a) Within the limits of available funding, for every dollar raised by the private sector for travel promotion under the provisions of this chapter, the State will provide one dollar in matching funds to be allocated as follows:

(1) 75 percent of the State’s dollar will be awarded as grants to approved travel promotion chamber or association programs.

(2) 25 percent of the State’s dollar will go into the Vermont Department of Tourism and Marketing’s promotion budget specifically for the purpose of executing an umbrella advertising campaign under which the private sector programs will operate.

(b) The minimum grant to be matched by any single travel promotion chamber or association is $1,000.00.

(c) The maximum grant to be matched by any single travel promotion chamber or association is $25,000.00.

(Added 1979, No. 137 (Adj. Sess.), § 2, eff. April 22, 1980.)

§ 663 Administration

(a) The Department of Economic Development, through the Vermont Department of Tourism and Marketing, shall administer the travel promotion matching funds program with such flexibility so as to bring about the most effective and economical travel promotion program possible. The Department shall adopt rules and procedures necessary and appropriate to the proper operation of the matching funds program. These rules shall also establish which travel promotion organizations are eligible to apply for matching funds.

(b) The Department shall make available complete instructions as to the applicant’s duties and responsibilities and shall establish forms necessary to carry out the purposes of this chapter.

(Added 1979, No. 137 (Adj. Sess.), § 2, eff. April 22, 1980; amended 1995, No. 190 (Adj. Sess.), § 1(c); 2015, No. 23, § 97.)

§ 664 Application procedures

(a) Travel promotion organizations, applying for a matching fund grant, must present their proposed travel development promotion programs to the Vermont Department of Tourism and Marketing in detail, and must further describe sources of local funds available for those purposes.

(b) Annually, the Agency, in consultation with the Travel and Recreation Council, shall establish a schedule for applying for and awarding matching funds. The Agency may establish more than one application cycle, provided that at least one competition for funds is conducted annually, and further provided that application cycles are such as to maintain a competitive matching grants program. The Travel and Recreation Council shall evaluate the relative merits of the applications based upon criteria established under this subchapter and make recommendations to the Agency as to a priority of applications which merit funding. The Secretary in consultation with the Commissioner of Tourism and Marketing shall review the recommendations of the Travel and Recreation Council and make final decisions regarding the funding of proposals under the matching grants programs.

(c) All applications will be reviewed and evaluated on the basis of the following:

(1) geographic area covered in application;

(2) scope of short- and long-range planning;

(3) program content; and

(4) projected impact on geographic area covered in application.

(d) Grants will be made to those organizations that best meet the purposes of this chapter and according to the availability of funds, but no grant will exceed the amount raised by the organization and applied to its proposed programs.

(e) Organizations receiving grants will be carefully evaluated, and risk elimination of their grants when a lack of effort, cooperation, and adherence to proposed programs is displayed. No travel promotion agency may act as a “feeder facility” simply to disburse State matching funds to a private sector business for the promotion of its private functions.

(f) Upon receiving and approving a given application, the Vermont Department of Tourism and Marketing will notify the organization of the grant amount in writing and execute a contract between that organization and the Department of Development.

(Added 1979, No. 137 (Adj. Sess.), § 2, eff. April 22, 1980; amended 1987, No. 83, § 5; 1995, No. 190 (Adj. Sess.), § 1(c), (d).)

§ 665 Bookkeeping systems

All tourist promotion organizations will keep records of any applications, transactions, payment receipts, and correspondence relating to the implementation of the matching funds program.

(Added 1979, No. 137 (Adj. Sess.), § 2, eff. April 22, 1980.)

§ 666 Reimbursement procedures

(a) Upon receipt in writing of satisfactory evidence of program progress and funds expended or committed, the Vermont Department of Tourism and Marketing shall reimburse the organization according to its matching fund contract. Within 60 days of completion of the program, each grant recipient shall provide the Vermont Department of Tourism and Marketing with the following:

(1) a completed program evaluation report on a form supplied by the Department of Tourism and Marketing,

(2) copies of all advertisements purchased,

(3) samples of any promotional material used in the program, and

(4) any other information requested by the Department of Tourism and Marketing.

(b) The Commissioner of Tourism and Marketing, may, as he or she sees fit, request interim reports on the progress of programs.

(Added 1979, No. 137 (Adj. Sess.), § 2, eff. April 22, 1980; amended 1995, No. 190 (Adj. Sess.), § 1(c), (d).)

§ 667 Legislative review

The Commissioner of Tourism and Marketing shall annually submit a report on the travel promotion program to the Legislature.

(Added 1979, No. 137 (Adj. Sess.), § 2, eff. April 22, 1980; amended 1995, No. 190 (Adj. Sess.), § 1(d).)

Subchapter 3 Regional Travel and Tourism Marketing Program

§ 669 Regional travel and tourism marketing grants

The General Assembly finds that:

(1) Effective marketing of travel and tourism destinations is best performed on a regional level.

(2) The tourism business is the second largest business in the State and is predicted to grow in the future.

(3) Private sector regional travel and tourism marketing associations, with the assistance of the public sector, will encourage the growth of Vermont as a travel destination.

(4) A regional travel and tourism marketing association is best suited to identify the regions’ strengths as well as the sectors that need greater marketing assistance. Small business will be better served by a more direct contact with a local, regional travel and tourism marketing association.

(Added 1995, No. 46, § 38.)

§ 669a Definitions

For the purposes of this subchapter:

(1) “Agency” means the Agency of Commerce and Community Development.

(2) “Commissioner” means the Commissioner of Marketing and Tourism.

(3) “Regional travel and tourism marketing association” means a nonprofit corporation, cooperative, or other nonprofit organization formed under the laws of this State whose principal purpose is to promote, organize, or accomplish the enhancement of travel and tourism for a particular region of this State, including marketing and promotional activities, technical assistance to regional travel and tourism business to enhance their marketing and promotional efforts, arrangement of conventions, trade shows, and promotional activities in order to attract the traveling public to the region, and the provision of information to the traveling public with regard to regional attractions.

(Added 1995, No. 46, § 38; amended 1995, No. 190 (Adj. Sess.), § 1(a), (d).)

§ 669b Applications for regional travel and tourism marketing association grants

A qualified regional travel and tourism marketing association may apply to the Secretary, on a form provided by the Secretary, for a grant under this chapter. The applicant may be required to submit with the application, or at any time during the grant period, any information that the Secretary determines is necessary or desirable to consider the application, assess the effectiveness of the grant, or to carry out the purposes of this chapter.

(Added 1995, No. 46, § 38.)

§ 669c Determination of eligibility for grant

The Secretary shall determine within 60 days of filing the application whether the applicant is eligible for a grant under this chapter. An applicant may be eligible for a grant if the Secretary determines, in his or her sole discretion, that:

(1) the applicant will only serve businesses located in the applicant’s region;

(2) the applicant demonstrates an ability and willingness to provide marketing, technical assistance, promotional activity, and information services in furtherance of the purposes of this subchapter;

(3) the applicant demonstrates an ability to gather information useful in evaluating the performance of the applicant in achieving the purposes of this subchapter;

(4) the applicant has letters of support from a significant number of travel and tourism businesses located in the applicant’s region;

(5) the applicant demonstrates a capability and willingness to assist each and every travel and tourism business located within the applicant’s region;

(6) the applicant appears to be the best qualified applicant to carry out the purposes of this subchapter in the applicant’s region;

(7) the grant is needed for the reasonable and necessary expenses of the association, including the employment of professional staff, as demonstrated in the proposed operating budget of the association;

(8) the applicant has adequate federal and private funds resources, as demonstrated in the proposed operating budget of the association, which together with the grant will enable the applicant to fulfill the purposes of this subchapter;

(9) the applicant presents a memorandum of understanding signed by the applicant and any regional development corporation operating in the same region demonstrating that the association and the corporation will cooperate with each other and coordinate each other’s common or related activities.

(Added 1995, No. 46, § 38.)

§ 669d Marketing association expenditures; reapplication

(a) A regional travel and tourism marketing association shall use grant funds only for such purposes described in the application and approved by the Secretary under section 669c of this title. Disbursement of grant funds shall be made at such times as are specified by the Secretary. On request of the Secretary the Commissioner of Finance and Management shall issue his or her warrant and the State Treasurer shall pay the funds requested.

(b) The grant shall be approved under such terms and conditions as the Secretary may prescribe, for a period no longer than one year. The applicant may reapply in accordance with section 669b of this title.

(c) The Secretary, in his or her sole discretion, shall allocate funds appropriated for regional travel and tourism marketing associations. The Secretary shall determine the amount allocated to each regional travel and tourism marketing association after considering an association’s budgetary needs and the strength of its program as measured against the goals established in section 669b of this title.

(Added 1995, No. 46, § 38.)

§ 669e Cooperative efforts

An association approved for a grant under this subchapter shall act in a manner that is consistent with the efforts of the Vermont Department of Tourism and Marketing. A recipient association shall not deliberately and adversely affect the travel and tourism marketing efforts of another recipient association.

(Added 1995, No. 46, § 38; amended 1995, No. 190 (Adj. Sess.), § 1(c).)

§ 669f Rules

The Secretary may adopt such rules as are necessary to carry out the purposes of this chapter.

(Added 1995, No. 46, § 38.)

§ 669g Applicability of State laws

(a) A regional travel and tourism marketing association approved by the Secretary under this chapter shall not be subject to the provisions of 1 V.S.A. subchapter 2 (open meetings) and subchapter 3 (public records).

(b) The provisions of 2 V.S.A. chapter 11 (lobbyist disclosure) shall apply to a regional travel and tourism marketing association.

(Added 1995, No. 46, § 38.)

§ 669h Delegation of authority

The Secretary may designate any officer or employee of the Agency to carry out his or her powers and duties under this chapter.

(Added 1995, No. 46, § 38.)

Chapter 28 Vermont Small Business Investment

§§ 671-675 Repealed

[Repealed]

2009, No. 135 (Adj. Sess.), § 26(3)(E).

Chapter 29 Community Development

Subchapter 1 Community Development Act

§ 681 Title

This subchapter may be cited as the “Vermont Community Development Act.”

(Added 1983, No. 10, § 1, eff. March 18, 1983.)

§ 682 Intent and purpose

(a) It is the intent of this subchapter to provide for the State administration of the federal community development block grant program as is authorized by Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. § 5301 et seq.), hereinafter called the “Federal Act,” so as to meet the objectives and requirements of that title.

(b) The purpose of this subchapter is to meet the State goal and objectives so that the most effective projects in the neediest areas are funded.

(1) The goal is to improve and maintain the economic and physical environment in Vermont’s municipalities so as to enhance the quality of life for all Vermonters, particularly those of lower incomes.

(2) The objectives are to conserve, expand, and improve housing; to create and retain employment; and to improve public facilities in support of housing or economic development activities, or where there is a threat to the public health and safety.

(Added 1983, No. 10, § 1, eff. March 18, 1983.)

§ 683 Title

(1) As used in this subchapter:

(2) “Municipality” means a town or city. It also means an incorporated village the charter of which enables it to function as a general purpose unit of local government. It shall also mean a “nonentitlement area” as defined in Title I, Sec. 102(a)(7) of the Federal Act.

(3) “Grantee” means a municipality that receives a grant under the provisions of this subchapter.

(4) “Board” means the Vermont Community Development Board.

(5) “Agency” means the Vermont Agency of Commerce and Community Development.

(6) “Secretary” means the Secretary of the Agency.

(7) “Legislative body” means the aldermen of a town, the board of aldermen, or the council of a city, or the board of trustees or prudential committee of an incorporated village.

(8) “Chief executive officer” means the mayor of a city; or if no mayor, the president of the board of aldermen, the chair of the city council, the chair of the board of selectboard, the president of the board of trustees, or chair of the prudential committee.

(9) “Lower income” means less than or equal to 80 percent of median income. The Secretary shall determine the best measure of median income based on statistics from federal and/or State sources.

(Added 1983, No. 10, § 1, eff. March 18, 1983; amended 1995, No. 190 (Adj. Sess.), § 1(a).)

§ 684 Powers and duties of the municipalities

(a) In addition to the powers and authority that the municipalities have under existing law, they are hereby granted such additional authority and power, essential and incidental, as may be necessary for the administration and implementation of this subchapter.

(b) Prior to filing an application under this subchapter a municipality shall:

(1) through action by the legislative body, adopt or pass an official act or resolution authorizing the filing of the application and directing the chief executive officer or designee to act in connection with the application and to provide such information as may be required;

(2) hold at least one public hearing, after notice of at least 15 days by publication in a newspaper of general circulation in the municipality, to obtain the views of citizens on community development, to furnish the citizens with information concerning the amount of funds available and the range of community development activities that may be undertaken under this subchapter, and to give affected citizens an opportunity to examine a proposed statement of the projected use of such funds;

(3) allow citizens an opportunity to examine the application and all supporting documentation.

(c) The chief executive officer or designee shall certify that the grantee will comply with the provisions of this subchapter and with other applicable federal and state laws and rules as may be determined by the secretary.

(Added 1983, No. 10, § 1, eff. March 18, 1983.)

§ 685 The Vermont Community Development Board

(a) There is created within the Agency of Commerce and Community Development the Vermont Community Development Board consisting of nine members who shall be residents of the State.

(b)(1) The members shall be appointed by the Governor for a term of three years, or for the unexpired portion thereof. For the initial appointments, the Governor shall appoint three for one year, three for two years, and three for three years.

(2) In the appointment of the members, consideration shall be given to the selection of such persons as shall adequately represent the interests of various sections of the State and the principal beneficiaries of the program.

(c) The Chair shall be appointed annually by the Governor from among the members.

(d) Members of the Board shall be entitled to receive per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010, which shall be paid by the Agency.

(e) No person who receives a significant portion of his or her income directly or indirectly from the community development activities governed by this subchapter shall be a member of the Board.

(f) The Agency shall provide staff assistance and administrative support to the Board.

(g) Prior to January 15 of each year, the Board shall submit a report of its activities and grants for the preceding year to the Governor and General Assembly.

(Added 1983, No. 10, § 1, eff. March 18, 1983; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2019, No. 61, § 7.)

§ 686 Eligibility, application, allocation of funds

(a) All funds allocated to the State, except for an amount not exceeding the maximum allowable under the Federal Act available to the State for administrative costs, shall be allocated to municipalities in an equitable and efficient manner.

(b) All municipalities, except for entitlement municipalities, shall be eligible to apply for and receive funds under this subchapter.

(c) Entitlement municipalities shall not be eligible to apply for and receive funds under this subchapter. Entitlement municipalities shall, however, have the authority to apply for and receive funds and to implement and administer a community development program as otherwise provided in the Federal Act, and this subchapter shall not be construed in any way to limit that authority.

(d) The Agency shall solicit applications from eligible municipalities. Any eligible municipality desiring to receive funds under this subchapter shall complete and submit an application in a manner as shall be prescribed by the Secretary. The Agency may require a third party credit analysis as part of the application. The applicant municipality shall pay a fee to cover the actual cost of the analysis to be deposited in a special fund that shall be managed pursuant to 32 V.S.A. subchapter 5 of chapter 7 and be available to the Agency to pay the actual cost of the analysis.

(e) The Board shall evaluate the relative merits of the applications using the allocation system established under this subchapter and make recommendations to the Secretary as to which applications merit funding.

(f) The Secretary shall review the recommendations of the board and make the final awards for grants-in-aid.

(Added 1983, No. 10, § 1, eff. March 18, 1983; amended 2009, No. 47, § 7, eff. May 28, 2009.)

§ 687 Allocation system

The Secretary, with the advice and assistance of the Board, shall establish a system for the allocation of community development program funds.

(1) The allocation system shall be based on the intent, purpose, goal, and objectives of this subchapter.

(2) The allocation system shall be competitive and shall provide the opportunity for any eligible municipality or municipalities to compete for funding for community development projects.

(3) The system shall ensure that a wide range of community development activities shall be eligible for funding. These may include:

(A) the acquisition, rehabilitation, or expansion of housing;

(B) the creation, expansion, or retention of employment through the stimulation of private investment and community revitalization;

(C) the installation, rehabilitation, or replacement of public facilities;

(D) activities that test the feasibility of innovative approaches to community development;

(E) activities that provide timely responses to unpredictable circumstances or special development opportunities.

(4) The allocation system shall include a method through which the need for, and impact of, the projects proposed by municipalities shall be measured and shall establish a process for evaluation of the applications.

(Added 1983, No. 10, § 1, eff. March 18, 1983.)

§ 688 Authority to make rules

The Secretary is hereby granted the authority to issue rules in accordance with 3 V.S.A. chapter 25 for the purpose of administering the provisions of this subchapter.

(Added 1983, No. 10, § 1, eff. March 18, 1983.)

§ 689 Multi-year commitments

(a) Those municipalities that received commitments of multi-year funds in federal fiscal year 1981 under the provisions of the Federal Act shall be assured of funding to the extent of such commitments, provided such municipalities request the State to honor such funding commitments and the Secretary of the U.S. Department of Housing and Urban Development has provided the Secretary with a determination that any such municipality has performed adequately with respect to such previously distributed funds.

(b) Those municipalities eligible to receive funding under the provisions of this section and so requesting such funding shall make application to the Agency in a manner as shall be determined by the Secretary.

(c) The Secretary, with the advice and assistance of the Board, may allow the municipalities making application under this section to amend their programs to the extent that the program so amended meets the intent and purpose of this subchapter.

(d) Notwithstanding the provisions of sections 686 and 687 of this title, the Secretary may adopt separate rules for the expeditious consideration of applications and allocations made under this section.

(Added 1983, No. 10, § 1, eff. March 18, 1983.)

§ 690 Remedies for noncompliance

(a) If the Secretary finds, after reasonable notice and opportunity for hearing, that a grantee under this subchapter has failed to comply substantially with the provisions of this subchapter, the rules adopted under the provisions of this subchapter, or of applicable provisions of federal law, the Secretary, until he or she is satisfied that there is no longer any such failure to comply, may:

(1) terminate payments to the grantee under this subchapter; or

(2) limit the availability of payments under this subchapter under such conditions as may be established by the Secretary.

(b) In lieu of, or in addition to, any action authorized in subsection (a) of this section, the Secretary may refer the matter to the Office of the Attorney General of the State of Vermont with a recommendation that an appropriate civil action be instituted.

(Added 1983, No. 10, § 1, eff. March 18, 1983; amended 2019, No. 14, § 15, eff. April 30, 2019.)

§ 690a Nonprofit revolving loan funds

(a) Any revolving loan fund lender not required to be licensed pursuant to 8 V.S.A. § 2201(d)(9) shall register and maintain its registration with the Commissioner of Economic Development, on forms and by policy and methods prescribed by the Commissioner. The Commissioner shall require such lenders to pay an annual fee of not more than $50.00 to maintain their registration.

(b) Fees collected under this section shall be credited to a special fund established and managed pursuant to 32 V.S.A chapter 7, subchapter 5, and shall be available to the Department of Economic Development to offset the costs of providing those services.

(Added 1995, No. 162 (Adj. Sess.), § 40, eff. Jan. 1, 1997; amended 1997, No. 59, § 32, eff. June 30, 1997.)

Subchapter 2 Job Development Zone

§ 691 Title

This subchapter may be cited as the “Vermont Job Development Zone Act.”

(Added 1985, No. 172 (Adj. Sess.), § 1.)

§ 692 Policy and purpose

Recognizing that some communities in Vermont have failed to benefit from general economic progress and that innovative and intensive approaches to economic development should be tried and developed in up to three communities, this subchapter provides for the designation of up to three job development zones and for special economic development programs that will apply in these job development zones.

(Added 1985, No. 172 (Adj. Sess.), § 1.)

§ 693 Definitions

As used in this subchapter:

(1) “Municipality” means a town or city. It also means an incorporated village the charter of which enables it to function as a general purpose unit of local government.

(2) “Agency” means the Vermont Agency of Commerce and Community Development.

(3) “Secretary” means the Secretary of the Agency.

(4) “Population” means the most recent population of a municipality as determined by the Vermont Department of Health.

(5) “Per capita income” means the total adjusted gross incomes of residents of a municipality divided by total exemptions claimed by residents of that municipality, as reported to the Vermont Department of Taxes in the most recent year for which data is available.

(6) “Employment loss” means the absolute decline in the annual average number of insured private sector employees in the municipality during the most recent 12-month period for which data is reported by the Vermont Department of Labor compared to the same 12-month period five years earlier.

(7) “Area unemployment rate” means the average monthly unemployment rate over the most recent two-year period for which data is available, of the labor market area of which a municipality is a part, as reported by the Vermont Department of Labor.

(Added 1985, No. 172 (Adj. Sess.), § 1; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)

§ 694 Eligibility; application procedure

(a) A municipality shall be eligible to apply for job development zone status if it has a population of at least 2,000 and meets two of the following three criteria:

(1) it has a per capita income at least ten percent lower than the statewide per capita income;

(2) it has had an employment loss;

(3) it has an area unemployment rate at least 33 percent higher than the statewide rate.

(b) The Agency shall solicit applications from eligible municipalities. Any eligible municipality desiring to receive designation as the job development zone shall complete and submit an application in a manner as shall be prescribed by the Secretary.

(c) Applications for job development zone status will be rated by the Vermont Community Development Board established by section 685 of this title on the basis of applicants’ ability to implement and administer a successful job development zone program, the quality of applicants’ plans for conducting a job zone program, the level of support and commitment of resources demonstrated by the applicant during the application process, and the need of the applicant community for job development zone status.

(d) The job development zone may geographically include a municipality or a portion of a municipality, or a combination of contiguous municipalities or portions of municipalities if so approved by the Secretary.

(e) The Secretary shall review the recommendations of the Vermont Community Development Board and make the final designation of the job development zones.

(Added 1985, No. 172 (Adj. Sess.), § 1.)

§ 695 Authority to make rules

The Secretary is hereby granted the authority to issue rules in accordance with 3 V.S.A. chapter 25 for the purpose of administering the provisions of this subchapter.

(Added 1985, No. 172 (Adj. Sess.), § 1.)

§ 696 Reporting and expiration

(a) Designation as job development zone under this subchapter will apply until December 31, 1992.

(b) Prior to January 15 of each year, the Secretary of Commerce and Community Development shall submit a report on job development zone activities for the preceding year to the Governor and General Assembly. Prior to January 15, 1992, the Secretary of Commerce and Community Development shall submit a comprehensive evaluation of the performance of the job development zone program to the Governor and General Assembly.

(Added 1985, No. 172 (Adj. Sess.), § 1; amended 1987, No. 213 (Adj. Sess.); 1995, No. 190 (Adj. Sess.), § 1(b).)

§ 697 Incentives and initiatives

The following incentives and initiatives shall be available to new or expanding business entities located within the job development zones:

(1) [Repealed.]

(2) Preferential consideration from the Vermont Economic Development Authority as set forth in sections 233, 253, and 263 of this title.

(3) Targeted assistance under the Job Training Partnership Act, to the extent allowable by federal law.

(4) Targeted assistance under the Vermont Training Program as set forth in chapter 22 of this title.

(5) Funding for the purpose of program implementation to the regional development corporation which includes a job zone. The funding shall be through increased grants to economic development corporations provided for in 24 V.S.A. § 2784(a).

(6) Infrastructure assistance as set forth in section 698 of this title.

(7) Technical assistance from the Agency of Commerce and Community Development to develop applications for community development block grant and urban development action grants, rural development action grants, and other community improvement and economic development grants and to assist businesses with permits and licenses.

(8) Direct, localized assistance from small business development center.

(Added 1985, No. 172 (Adj. Sess.), § 1; amended 1993, No. 89, § 3(a), eff. June 15, 1993; 1995, No. 190 (Adj. Sess.), § 1(a); 2015, No. 57, § 98.)

§ 698 Infrastructure improvement program

(a) A municipality that is within a designated job development zone shall be eligible to receive a payment each year from the Agency of Commerce and Community Development to reimburse annual interest costs on indebtedness for economic development related infrastructure projects approved after July 1, 1986. Annual reimbursement payments shall be limited to $1,000,000 of indebtedness in a designated job development zone. The Agency shall require the municipality to submit an amortization schedule and proof of payment of its annual interest payment on bonds. The Agency shall not reimburse a municipality for infrastructure projects unless requests for payment are received within three months after the end of the fiscal year.

(b) Economic development related infrastructure projects shall include water supply, pollution abatement, and highway facilities and such other municipal facilities as may be established by rule under section 695 of this chapter.

(Added 1985, No. 172 (Adj. Sess.), § 1; amended 1995, No. 190 (Adj. Sess.), § 1(a).)

Subchapter 3 Housing; Investments

§ 699 Vermont Rental Housing Improvement Program

(a) Creation of Program.

(1) The Department of Housing and Community Development shall design and implement the Vermont Rental Housing Improvement Program, through which the Department shall award funding to statewide or regional nonprofit housing organizations, or both, to provide competitive grants and forgivable loans to private landlords for the rehabilitation, including weatherization and accessibility improvements, of eligible rental housing units.

(2) The Department shall develop statewide standards for the Program, including factors that partner organizations shall use to evaluate applications and award grants and forgivable loans.

(3) A landlord shall not offer a unit created through the Program as a short-term rental, as defined in 18 V.S.A. § 4301, for the period a grant or loan agreement is in effect.

(4) The Department may utilize a reasonable percentage, up to a cap of five percent, of appropriations made to the Department for the Program to administer the Program.

(5)(A) The Department may cooperate with and subgrant funds to State agencies and governmental subdivisions and public and private organizations in order to carry out the purposes of this section.

(B) Solely with regards to actions undertaken pursuant to this subdivision (5), entities carrying out the provisions of this section, including grantees, subgrantees, and contractors of the State, shall be exempt from the provisions of 8 V.S.A. chapter 73 (licensed lenders, mortgage brokers, mortgage loan originators, sales finance companies, and loan solicitation companies).

(b) Eligible rental housing units. The following units are eligible for a grant or forgivable loan through the Program:

(1) Non-code compliant.

(A) The unit is an existing unit, whether or not occupied, that does not comply with the requirements of applicable building, housing, or health laws.

(B) If the unit is occupied, the grant or forgivable loan agreement shall include terms:

(i) that prohibit permanent, involuntary displacement of the current residents;

(ii) that provide for the temporary relocation of the current residents if necessary to perform the rehabilitation; and

(iii) that ensure that the landlord complies with the affordability requirements of the Program following the rehabilitation.

(2) New units. The unit will be:

(A) a newly created accessory dwelling unit that meets the requirements of 24 V.S.A. § 4412(1)(E);

(B) a newly created unit within an existing structure;

(C) a newly created residential structure that is a single unit; or

(D) a newly created unit within a newly created structure that contains five or fewer residential units.

(c) Administration. The Department shall require a housing organization that receives funding under the Program to adopt:

(1) a standard application form that describes the application process and includes instructions and examples to help landlords apply;

(2) an award process that ensures equitable selection of landlords, subject to a housing organization’s exercise of discretion based on the factors adopted by the Department pursuant to subsection (a) of this section; and

(3) a grant and loan management system that ensures accountability for funds awarded.

(d) Program requirements applicable to grants and forgivable loans.

(1)(A) A grant or loan shall not exceed $50,000.00 per unit, for rehabilitation or creation of any other eligible rental housing unit. Up to an additional $20,000.00 per unit may be made available for specific elements that collectively bring the unit to the visitable standard outlined in the rules adopted by the Vermont Access Board.

(B) In determining the amount of a grant or loan, a housing organization shall consider the number of bedrooms in the unit, whether the unit is being rehabilitated or newly created, whether the project includes accessibility improvements, and whether the unit is being converted from nonresidential to residential purposes.

(2) A landlord shall contribute matching funds or in-kind services that equal or exceed 20 percent of the value of the grant or loan.

(3) A project may include a weatherization component.

(4) A project shall comply with applicable building, housing, and health laws.

(5) The terms and conditions of a grant or loan agreement apply to the original recipient and to a successor in interest for the period the grant or loan agreement is in effect.

(6) The identity of a recipient, the amount of a grant or forgivable loan, the year in which the grant or forgivable loan was extended, and the year in which any affordability covenant ends are public records that shall be available for public copying and inspection, and the Department shall publish this information at least quarterly on its website.

(7) A project for rehabilitation or creation of an accessible unit may apply funds to the creation of a parking spot for individuals with disabilities.

(e) Program requirements applicable to grants and five-year forgivable loans. For a grant or five-year forgivable loan awarded through the Program, the following requirements apply for a minimum period of five years:

(1) A landlord shall coordinate with nonprofit housing partners and local homelessness service organizations approved by the Department to identify potential tenants.

(2)(A) Except as provided in subdivision (B) of this subdivision (e)(2), a landlord shall lease the unit to a household that is:

(i) exiting homelessness, including any individual under 25 years of age who secures housing through a master lease held by a youth service provider on behalf of individuals under 25 years of age;

(ii) actively working with an immigrant or refugee resettlement program;

(iii) composed of at least one individual with a disability who receives or is approved to receive Medicaid-funded home- and community-based services or Social Security Disability Insurance;

(iv) displaced due to a natural disaster; or

(v) with approval from the Department in writing, an organization that will hold a master lease that explicitly states the unit will be used in service of the populations described in this subsection (e).

(B) If, upon petition of the landlord, the Department or the housing organization that issued the grant determines that a household under subdivision (A) of this subdivision (e)(2) is not available to lease the unit, then the landlord shall lease the unit:

(i) to a household with an income equal to or less than 80 percent of area median income; or

(ii) if such a household is unavailable, to another household with the approval of the Department or housing organization.

(3)(A) A landlord shall accept any housing vouchers that are available to pay all, or a portion of, the tenant’s rent and utilities.

(B) If no housing voucher or federal or State subsidy is available, the total cost of rent for the unit, including utilities not covered by rent payments, shall not exceed the applicable fair market rent established by the Department of Housing and Urban Development.

(4)(A) A landlord may convert a grant to a forgivable loan upon approval of the Department and the housing organization that approved the grant.

(B) A landlord who converts a grant to a forgivable loan shall receive a prorated credit for loan forgiveness for each year in which the landlord participates in the Program.

(f) Requirements applicable to 10-year forgivable loans. For a 10-year forgivable loan awarded through the Program, the following requirements apply for a minimum period of 10 years:

(1) The total cost of rent for the unit, including utilities not covered by rent payments, shall not exceed the applicable fair market rent established by the Department of Housing and Urban Development, except that a landlord may accept a housing voucher that exceeds fair market rent, if available.

(2) A landlord shall accept any housing vouchers that are available to pay all, or a portion of, the tenant’s rent and utilities.

(3) The Department shall forgive a prorated amount of a forgivable loan for each year a landlord participates in the loan program.

(g) Minimum funding for grants and five-year forgivable loans.

(1) Annually, the Department shall establish a minimum allocation of funding set aside to be used for five-year grants or forgivable loans to serve eligible households pursuant to subsection (e) of this section. Remaining funds may be used for either five-year grants or forgivable loans or 10-year forgivable loans pursuant to subsection (f) of this section. The set aside shall be a minimum of 30 percent of funds disbursed annually.

(2) The Department shall consult with the Agency of Human Services to evaluate factors in establishing the amount of the set aside, including:

(A) the availability of housing vouchers;

(B) the current need for housing for eligible households;

(C) the ability and desire of landlords to house eligible households;

(D) the support services available for landlords; and

(E) the prior uptake and success rates for participating landlords.

(3) The Department shall coordinate with the local Coordinated Entry Lead Agencies and Homeownership Centers to direct referrals for those individuals or families prioritized to be housed pursuant to the five-year grants or forgivable loans.

(4) Funds from the set aside not utilized after nine months shall become available for 10-year forgivable loans.

(5) The Department shall annually publish the amount of the set aside on its website.

(h) Lien priority. A lien for a grant converted to a loan or for a forgivable loan issued pursuant to this section is subordinate to:

(1) a lien on the property in existence at the time the lien for rehabilitation and weatherization of the rental housing unit is filed in the land records; and

(2) a first mortgage on the property that is refinanced and recorded after the lien for rehabilitation and weatherization of the rental housing unit is filed in the land records.

(i) Creation of the Vermont Rental Housing Improvement Program Fund. Funds repaid or returned to the Department from forgivable loans or grants funded by the Program shall return to the Vermont Rental Housing Improvement Program Fund to be used for Program expenditures and administrative costs at the discretion of the Department.

(j) Annual report. Annually, the Department shall submit a report to the House Committees on Human Services and on General and Housing and the Senate Committee on Economic Development, Housing and General Affairs regarding the following:

(1) separately, the number of units funded and the number of units rehabilitated through grants, through a five-year forgivable loan, and through a 10-year forgivable loan;

(2) for grants and five-year forgivable loans, for the first year after the expiration of the lease requirements outlined in subdivision (e)(2)(A) of this section, whether the unit is still occupied by a tenant who meets the qualifications of that subdivision;

(3) for each program, for the first year after the expiration of the applicable lease requirements outlined in this section, the amount of rent charged by the landlord and how that rent compares to fair market rent established by the Department of Housing and Urban Development; and

(4) the rate of turnover for tenants housed utilizing grants or five-year forgivable loans and 10-year forgivable loans separately.

(Added 2021, No. 181 (Adj. Sess.), § 6, eff. June 7, 2022; amended 2023, No. 47, § 40, eff. July 1, 2023; 2023, No. 113 (Adj. Sess.), § E.802, eff. July 1, 2024; 2023, No. 181 (Adj. Sess.), § 86, eff. June 17, 2024; 2025, No. 69, § 1, eff. July 1, 2025.)

§ 700 Vermont Manufactured Home Improvement and Repair Program

(a) There is created within the Department of Housing and Community Development the Manufactured Home Improvement and Repair Program. The Department shall design and implement the Program to award funding to statewide or regional nonprofit housing organizations, or both, to provide financial assistance or awards to manufactured homeowners and manufactured home park owners to improve existing homes, incentivize new slab placement for prospective homeowners, and incentivize park improvements for infill of more homes.

(b) The following projects are eligible for funding through the Program:

(1) The Department may award up to $20,000.00 to owners of manufactured housing communities to complete small-scale capital needs to help infill vacant lots with homes, including disposal of abandoned homes, lot grading and preparation, the siting and upgrading of electrical boxes, enhancing E-911 safety issues, transporting homes out of flood zones, and improving individual septic systems. Costs awarded under this subdivision may also cover legal fees and marketing to help make it easier for home-seekers to find vacant lots around the State.

(2) The Department may award funding to manufactured homeowners for which the home is their primary residence to address habitability and accessibility issues to bring the home into compliance with safe living conditions.

(3) The Department may award up to $15,000.00 per grant to a homeowner to pay for a foundation or federal Department of Housing and Urban Development-approved slab, site preparation, skirting, tie-downs, and utility connections on vacant lots within a manufactured home community.

(c) The Department may adopt rules, policies, and guidelines to aid in enacting the Program.

(Added 2025, No. 69, § 2, eff. July 1, 2025.)

Chapter 31 Soil Conservation Act

Subchapter 1 Conservation, Development, and Use of Natural Resources

§ 701 Policy

It is hereby declared to be the policy of the Legislature to provide for the conservation, development, and use of the natural resources of this State and that the lands, water, forests, and wildlife of the State of Vermont are among the basic assets of the State, and that the preservation of these lands, water, forests, and wildlife by conservation, development, and use is necessary to protect and promote the health, safety, and general welfare of its people.

(Amended 1967, No. 303 (Adj. Sess.), § 1, eff. March 22, 1968.)

§ 702 Definitions

Wherever used or referred to in this chapter unless a different meaning clearly appears from the context:

(1) “Council” or “State Natural Resources Conservation Council” means the Agency created in section 703 of this title;

(2) “District” or “natural resources conservation district” means a corporate body and governmental subdivision organized in accordance with the provisions of this chapter;

(3) “Union” or “supervisory union” means the agency created in accordance with section 803 of this title;

(4) “Due notice” means notice published once a week for two consecutive weeks in a newspaper of general circulation within the proposed district, stating the time and place of such meeting and questions to be voted on, the last publication being not less than two days before such meeting, or ten days’ notice by mail, postage prepaid, addressed to the owners of land within the proposed district, stating the time and place of such meeting and questions to be voted on;

(5) “Owner” means any person, firm, or corporation who shall hold title in fee to one or more acres of land lying within a district organized under the provisions of this chapter.

(Amended 1963, No. 79, § 1 (b), eff. May 7, 1963; 1967, No. 303 (Adj. Sess.), § 2, eff. March 22, 1968.)

§ 703 State Natural Resources Conservation Council; members; duties

A State Natural Resources Conservation Council is hereby established to serve as an Agency of the State to perform the functions conferred upon it in this chapter, which shall have as members: the Director of the State Extension Service, or a designated representative; the Secretary of Agriculture, Food and Markets, or a designated representative; the Secretary of Natural Resources, or a designated representative; and one member elected by the board of each supervisory union who is a supervisor for a district within the union or their officially elected alternate. Until such time as there are four unions, the Governor shall appoint members who shall be supervisors from districts not in a union to make a total of four whose terms of office shall be two years. In addition the Chair of the State Forests and Parks Board, or a designated representative; the Chair of the State Fish and Wildlife Board, or a designated representative; and the Director of the State Planning Office or a designee shall be advisory members. The Council may invite the secretary of agriculture of the United States to appoint one person to serve with the above mentioned members in an advisory capacity only. The Council shall keep a record of its official actions, shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold public hearings, and adopt rules as may be necessary for the execution of the functions under this chapter.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), § 3, eff. March 22, 1968; 1981, No. 122 (Adj. Sess.); 1981, No. 222 (Adj. Sess.), § 4; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 76, § 18; 1995, No. 163 (Adj. Sess.), § 1, eff. May 15, 1996; 2003, No. 42, § 2, eff. May 27, 2003.)

§ 704 Powers of Council

The State Natural Resources Conservation Council may employ an administrative officer and such technical experts and such other agents and employees as it may require. The Council may call upon the Attorney General of the State for such legal services as it may require, or may employ its own counsel. It shall have authority to delegate to one or more of its members, or to one or more agents or employees, such powers and duties as it may deem proper. If designated as a clean water service provider under section 924 of this title, provide for the identification, prioritization, development, construction, inspection, verification, operation, and maintenance of clean water projects in the basin assigned to a natural resources conservation district in accordance with the requirements of chapter 37, subchapter 5 of this title.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), § 16, eff. March 28, 1968; 1971, No. 191 (Adj. Sess.), § 11; 2019, No. 76, § 6.)

§ 705 Chair, quorum, compensation, surety bonds

The Council shall designate its chair, and may, from time to time, change the designation. A member of the Council shall hold office so long as the member retains the office by virtue of serving on the Council. A majority of the Council shall constitute a quorum, and the concurrence of the majority in any matter within their duties shall be required for its determination. The members appointed by the Governor or the members representing each of the unions or their officially elected alternates shall receive compensation for services at a rate not to exceed the per diem rate as defined by 32 V.S.A. § 1010(b) for time spent on the work of the Council in addition to expenses, including traveling expenses, necessarily incurred in the discharge of the duties of the Council. The Council shall provide for the execution of surety bonds for all employees and officers entrusted with funds or property.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1963, No. 193, § 14, eff. June 28, 1963; 1967, No. 303 (Adj. Sess.), § 4, eff. March 22, 1968; 1995, No. 163 (Adj. Sess.), § 2, eff. May 15, 1996.)

§ 706 Funds; allocation of by Council

Unless otherwise provided by law, any funds appropriated by the State or any federal agency to the State Natural Resources Conservation Council for allocation to districts organized under the provisions of this chapter shall be available for the administrative and other expenses of the districts. The Council shall allocate such money among the districts already organized or likely to be organized during a biennial fiscal period in such manner and in such amounts as shall be fair, reasonable, and in the public interest; due consideration being given to the total acreage of land within each district, to the greater relative expense of carrying on operations within the particular districts because of such factors as unusual topography, unusual conservation measures needed as approved in the district work plan, special difficulty of carrying on operations, the volume of work to be done, and the special importance of instituting conservation operations immediately. The Council may also allocate funds to unions for administrative and other expenses. In making allocations of monies, the Council shall reserve an amount estimated by it to be adequate to enable it to make subsequent allocations in accordance with the provisions of this chapter, from time to time, among unions and districts that may be organized after the initial allocations are made, but within the ensuing biennial fiscal period. Subject to the requirements of 32 V.S.A. § 5 regarding approval of the acceptance of any sum of money, the Council is authorized to accept contributions in the furtherance of the work contemplated by this chapter including grants in aid from any agency of the federal government, from government or private institutions and sources and make agreements with such federal agency as to the terms and conditions of the use of such grants in aid.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), § 5, eff. March 22, 1968; 1995, No. 163 (Adj. Sess.), § 3, eff. May 15, 1996.)

§ 707 Repealed

[Repealed]

2013, No. 142 (Adj. Sess.), § 86.

§ 708 Districts; unions; expenditure statement; duties of Council

(a) The supervisors of the respective districts and directors of the respective unions, twice during each fiscal year, shall submit statements to the Council as to expenditures made and estimates as to expenditures likely to be incurred to the end of the fiscal year, such statements to be made at such times and in such manner as the Council may require.

(b) In addition to the duties and powers hereinafter conferred upon the Council, it shall:

(1) Offer appropriate assistance to the supervisors and directors of districts and unions;

(2) Keep the supervisors and directors of each district and union organized under this chapter informed of the activities and experience of all other districts and unions and facilitate an interchange of advice and experience between districts and unions;

(3) Coordinate the programs of the districts and unions so far as this may be done by advice and consultation;

(4) Secure the cooperation and assistance of the United States and any of its agencies and of agencies of this State in the work of districts or unions;

(5) Disseminate information throughout the State concerning the activities and programs of the districts and unions organized hereunder;

(6) Act upon petition by any two or more districts lying within the limits of the territory proposed to be organized into a union asking that a supervisory union be organized to function in the territory described in the petition;

(7) Supervise and oversee annual election of district supervisors.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), § 7, eff. March 22, 1968; 1995, No. 163 (Adj. Sess.), § 4, eff. May 15, 1996.)

§ 709 Petition to organize district

Any 25 owners of land lying within the limits of the territory proposed to be organized into a district may file a petition with the State Natural Resources Conservation Council asking that a natural resources conservation district be organized to function in the territory described in the petition.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1963, No. 79, § 1(b), eff. May 7, 1963; 1967, No. 303 (Adj. Sess.), §§ 15(b), 16(b), eff. March 22, 1968.)

§ 710 Hearing on petition

Within 30 days after such a petition has been filed with the State Natural Resources Conservation Council, it shall cause due notice to be given of a proposed hearing upon such petition as to the necessity, in the interest of the public health, safety, and welfare, for the creation of such district, and upon all questions relevant to such petition. All owners of land within the limits of the territory described in the petition and all other interested parties shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for inclusion in the district and such further hearing held.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), § 16(b), eff. March 22, 1968.)

§ 711 Determination of need; boundaries of proposed district

(a) After hearing thereon, if the Council shall determine that there is need, in the interest of the public health, safety, and welfare for a district, it shall make and record such determination, and shall define the boundaries of such districts by metes and bounds.

(b) In making such determination and in defining such boundaries, the Council shall give due weight and consideration to the topography of the area considered and of the State, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions, and to other natural resources conservation districts already organized or proposed for organization under the provisions of this chapter, and such other physical, geographical, and economic factors as are relevant. The territory to be included within such boundaries need not be contiguous.

(c) If the Council shall determine after such hearing that there is no need for a natural resources conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After six months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed and new hearings held and determinations made thereon.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1963, No. 79, § 1(b), eff. May 7, 1963; 1967, No. 303 (Adj. Sess.), § 15(b), eff. March 22, 1968.)

§ 712 Referendum

(a) If after the Council has found and recorded a determination that there is need, in the interest of the public health, safety and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall hold a referendum within the proposed district upon the question of the creation of the district. Due notice of the proposed district meeting shall be given for a vote upon the following question:

Shall a natural resources conservation district of the lands below described and lying in the county (counties) of .................... and .................... be created?

The vote shall be by ballot in the following form:

Shall a natural resources conservation district of the lands below described and lying in the county (counties) of .................... and .................... be created?

YES □ NO □

(b) The ballot shall set forth the boundaries of such proposed district as determined by the committee. All owners of lands lying within the boundaries of the territory, as determined by the State Natural Resources Conservation Council, shall be eligible to vote in such referendum. In writing signed by him, a landowner may designate a person to vote for him at any meeting herein authorized and such designated person shall file such written authority with the Council before voting. The Council shall pay all expenses for the issuance of such notices and the conduct of such hearings, and shall supervise the conduct of such hearings.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1963, No. 79, § 1(b), eff. May 7, 1963; 1967, No. 303 (Adj. Sess.), §§ 15(b), 16(b), eff. March 22, 1968.)

§ 713 Publication of results of referendum; determination of feasibility

The Council shall publish the result of such referendum and, if a majority of the votes cast at the referendum is for the establishment of a district, and the Council determines that the operation of such district is administratively practicable and feasible, it shall record in its minutes such determination and shall proceed with the organization of the district. In making such determination, the Council shall give due regard to the attitudes of the owners of lands lying within the defined boundaries, and the proportion of the votes cast in such referendum in favor of the creation of the district, the probable expense of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961.)

§ 714 Appointment and election of supervisors; application for creation of district

(a) When a district is established, the Council shall appoint two supervisors to act, with three supervisors elected by the landowners as the governing body of the district.

(b) The two appointed supervisors shall present to the Secretary of State an application signed by them, which shall set forth that a petition for the creation of the district was filed with the State Natural Resources Conservation Council pursuant to the provisions of this chapter, and that the proceedings specified in this chapter were taken pursuant to such petition; that the application is being filed in order to complete the organization of the district as a public body, corporate and politic, under this chapter; and that the application shall be subscribed to by each of the supervisors.

(c) The application shall be accompanied by a statement by the State Natural Resources Conservation Council that a petition was filed; that due notice was given and a referendum held on the question of the creation of such district; that a majority of the votes cast in such referendum were in favor of the creation of the district; that thereafter the Council did duly determine that the operation of the proposed district is administratively practicable and feasible. Such statement shall set forth the boundaries of the district as they have been defined by the Council.

(d) The term of office of an appointed supervisor shall end when his or her elected successor qualifies.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), §§ 8, 16(b), eff. March 22, 1968.)

§ 715 Establishment of district as governmental subdivision; certificate

The Secretary of State shall file and record the application and statement in an appropriate book of record in his or her office. When the application and statement have been filed and recorded, the district shall constitute a governmental subdivision of this State and a public body corporate and politic, for the purposes set forth in this chapter. Without cost, the Secretary of State shall make and issue to the supervisors a certificate, under the seal of the State, of the due organization of the district, and shall record a copy of such certificate with the application and statement.

§ 716 Subsequent petition may be filed; when

After six months shall have expired from the date of entry of a determination by the council that the operation of a proposed district is not administratively practicable and feasible, and denial of a petition pursuant to such determination, subsequent petitions may be filed and action taken thereon in accordance with the provisions of this chapter.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961.)

§ 717 Additional territory; petition to include

Petitions for including additional territory within an existing district may be filed with the Council, and the proceedings herein provided for in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. The Council shall prescribe the form for such petition. In referendum upon petitions for such inclusion, all owners of land lying within the proposed additional area shall be eligible to vote.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961.)

§ 718 Certificate as proof of validity of district

In any suit, action or proceeding involving the validity or enforcement of, or relating to any contract, proceeding or action of the district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State.

§ 719 Elections

After the issuance of a certificate by the Secretary of State certifying to the organization of a natural resources conservation district, nominating petitions shall be filed with the districts and shall be submitted to the Council once the nominee is approved by the districts as defined in section 720 of this title, who shall be qualified voters as hereinafter specified. No such nominating petition shall be accepted unless it shall be subscribed to by 25 or more owners of land lying within the boundaries of the district. Landowners may sign more than one nominating petition to nominate more than one candidate for supervisor. The names of all nominees shall appear, arranged in the alphabetical order of the surnames, upon ballots with a square before each name and a direction to insert an X mark in the square before one name to indicate the voter’s choice. Only landowners shall be eligible to vote. The candidates who shall receive the largest number of the votes cast in the election shall be the elected supervisors for the districts. The Council shall pay all the expenses, supervise, prescribe rules, determine eligibility of voters, and publish the results of all elections.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1963, No. 79, § 1(b), eff. May 7, 1963; 1967, No. 303 (Adj. Sess.), § 9, eff. March 22, 1968; 1995, No. 163 (Adj. Sess.), § 5, eff. May 15, 1996; 2019, No. 14, § 16, eff. April 30, 2019.)

§ 720 Supervisors as governing body of district; qualifications

The governing body of the district shall consist of five supervisors, elected or appointed under this chapter. The supervisors shall be persons residing within the district who are by training or experience, or both, as determined by the district qualified to perform the services which will be required of them, and shall not be employees of the federal government. Advisory supervisors may be appointed to a district board by a majority vote of the supervisors of that district. Term of office shall be designated at the time of appointment, and they shall serve without compensation.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), § 10, eff. March 22, 1968; 1995, No. 163 (Adj. Sess.), § 6, eff. May 15, 1996.)

§ 721 Terms, vacancies, compensation

The supervisors shall designate a chair and, from time to time, may change the designation. One supervisor shall be elected each year for a term of five years. A supervisor shall continue to hold office until a successor has been elected or appointed and has qualified. Vacancies resulting from any cause shall be filled by appointment for the unexpired terms by the remaining supervisors. A majority of the supervisors shall constitute a quorum. A supervisor shall be entitled to receive compensation for services at a rate not to exceed the per diem rate as defined by 32 V.S.A. § 1010(b). A supervisor shall also be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of duties, from such district funds as are available. The supervisors, acting through the Council, may call upon the Attorney General of the State for such legal services as they may require, including rendering opinions and providing defense to suits.

(Amended 1967, No. 303 (Adj. Sess.), § 11, eff. March 22, 1968; 1983, No. 142 (Adj. Sess.), § 2, eff. April 6, 1984; 1995, No. 163 (Adj. Sess.), § 7, eff. May 15, 1996.)

§ 722 Duties of supervisors; bonds; records; removal

(a) The supervisors shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds. They shall keep a full record of all proceedings and of all resolutions, rules, and orders issued, and shall provide for an annual audit of the receipts and disbursements.

(b) The supervisors shall conduct an annual meeting of the district after first publicizing such meeting in a manner approved by the council.

(c) Any supervisor may be removed by the State Natural Resources Conservation Council, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), §§ 12, 13, 16(b), eff. March 22, 1968; 2019, No. 14, § 17, eff. April 30, 2019.)

§ 723 Powers of supervisors

The supervisors shall have the following powers:

(1) To conduct surveys, investigations and research relating to the character of soil erosion and its prevention and control measures and natural resources conservation;

(2) To conduct demonstration projects within the district on lands owned or controlled by this State or any of its agencies, with the cooperation of the agency administering and having jurisdiction, and on any other lands within the district upon obtaining the consent of the owners of the lands or the necessary rights or interests in the lands in order to demonstrate by example the means, methods and measures by which soil erosion, in all its forms can be prevented and controlled and the conservation of natural resources;

(3) To carry out measures for the prevention and control of soil and stream bank erosion and the protection and conservation of natural resources, within the district including, engineering operations, methods of cultivation, the growing of vegetation, and the changes in use of land, on lands owned or controlled by this State or any of its agencies, with the cooperation of the agency administering and having jurisdiction, and on any other lands within the district upon obtaining the consent of the owner of the lands;

(4) To cooperate, or enter into agreements with, and, within the limits of appropriations duly made available, to furnish financial or other aid to any agency, governmental or otherwise, or any owner of lands within the district, in the carrying on of erosion-control and prevention operations and conservation of natural resources within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this chapter;

(5) To obtain options upon and to acquire by purchase, exchange, lease, gift, grant or bequest, any property, real or personal; to maintain, administer and improve any properties acquired; to receive income from the properties and to expend the income in carrying out the purposes and provisions of this chapter; and to borrow money, mortgage, sell, lease, or otherwise dispose of any of its property or interests in property in furtherance of the purposes and the provisions of this chapter, provided however, that real estate shall not be mortgaged, and provided however, that the sale, lease, or other disposition of real property of the district is approved by the written consent of the governor;

(6) To make available, on such terms as it shall prescribe, to landowners within the district, agricultural and engineering machinery and equipment, fertilizer, seeds, and seedlings, and such other material or equipment as will assist the land owners to carry on operations upon their lands for the conservation of soil resources, control of soil and stream bank erosion, and protection and conservation of natural resources;

(7) To construct, improve, and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this chapter;

(8) To develop comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion and the protection and conservation of natural resources within the district, which plans shall specify in such detail as may be possible, the acts, procedures, performances, and avoidances that are necessary or desirable, and to publish such plans and information and bring them to the attention of occupiers of lands within the district;

(9) To administer by purchase, grant, or lease any soil conservation, erosion-control or natural resources conservation project located within its boundaries that are undertaken by the United States or any of its agencies; to manage as agent of the United States or any of its agencies, any soil-conservation, erosion-control, or natural resources conservation project within its boundaries; to act as agent for the United States, or any of its agencies, in connection with the acquisition, construction, operation, or administration of any soil-conservation, erosion-control, or natural resources conservation project within its boundaries; to accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, or from this state or any of its agencies or any private institution or source, and to use or expend such monies, services, materials, or other contributions in carrying on its operations;

(10) To sue and be sued in the name of the district; to have a seal which shall be judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and to execute contracts necessary or convenient to the exercise of its powers; to make, and from time to time amend and repeal, rules not inconsistent with the provisions of this chapter, to carry into effect its purposes and powers;

(11) As a condition to the extending of any benefits under this chapter, the supervisors may require contributions to any operations conferring such benefits.

(Amended 1964, No. 12 (Sp. Sess.), eff. March 5, 1964; 1995, No. 163 (Adj. Sess.), § 8, eff. May 15, 1996.)

§ 724 Land-use, erosion control, and natural resources conservation rules; approval

The supervisors of any district shall have authority to formulate rules, as set forth in this chapter, governing the use of lands within the district in the interest of conserving soil, controlling soil and stream bank erosion, and promoting conservation of natural resources and drainage. The supervisors may conduct such public meetings and public hearings upon rules proposed to be enacted as may be necessary to assist them in this work. The supervisors shall not have authority to enact such land-use rules into ordinances unless a majority of the owners of land lying within the boundaries of the district cast their votes for the approval of the proposed ordinance. The approval of the proposed ordinance by a majority of the votes cast in the referendum shall not be deemed to require the supervisors to enact the proposed ordinance. The rules to be adopted by the supervisors under the provisions of this chapter may include provisions for conserving soil resources, soil and stream bank erosion, water quality improvement, and conservation of natural resources and drainage.

(Amended 1995, No. 163 (Adj. Sess.), § 9, eff. May 15, 1996; 2019, No. 14, § 18, eff. April 30, 2019.)

§ 725 Uniformity of rules

The rules shall be uniform throughout the district, except that the supervisors may classify, prior to the adoption of such ordinances, the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors, and may provide rules varying with the type or class of land affected, but uniform as to the lands within each class or type, provided however, that such classification has first been included in the notice published for such meeting. Copies of land-use rules adopted under the provisions of this chapter shall be made available to all owners and persons in possession of lands lying within the district, but such ordinances shall not apply to forestlands.

(Amended 2019, No. 14, § 19, eff. April 30, 2019.)

§ 726 Ordinances prescribing rules; referendum

A referendum shall be conducted as follows:

(1) The ordinances proposed to be enacted shall be delivered by the supervisors or by agents authorized by them, or by mail to the last known address of such owners of land within the district, together with a warning of a district meeting, which warning shall contain an article for a vote upon the following question:

Shall the proposed ordinance, No. . . ., prescribing land-use rules for conserving soil resources, soil and stream bank erosion, and conservation of natural resources, be adopted, the substance of which is as follows?

(2) The vote under such article shall be by ballot in the following form:

Shall the proposed ordinance No. . . ., prescribing land-use rules for conserving soil resources, soil and stream bank erosion, and conservation of natural resources be adopted?

YES □ NO □

(Amended 1995, No. 163 (Adj. Sess.), § 10, eff. May 15, 1996; 2019, No. 14, § 20, eff. April 30, 2019.)

§ 727 Conduct of referendum

The supervisors shall prescribe appropriate rules governing the conduct of the referendum, and shall publish and record the result of the ballot. All owners of lands within the district shall be eligible to vote in such referendum.

(Amended 2019, No. 14, § 21, eff. April 30, 2019.)

§ 728 Amendment or repeal of rules

Any owner or person in possession of land within a district may at any time file a petition with the supervisors asking that any or all of the land-use rules prescribed in any ordinance adopted by the supervisors under the provisions of this chapter shall be amended, supplemented, or repealed. Land-use rules prescribed in any ordinance adopted pursuant to the provisions of this chapter shall not be amended, supplemented, or repealed except in accordance with the procedure prescribed in this chapter for adoption of land-use rules. Referenda on adoption, amendment, supplementation, or repeal of land-use rules shall not be held more often than once in six months.

(Amended 2019, No. 14, § 22, eff. April 30, 2019.)

§ 729 Termination of district

At any time after five years after the organization of a district under the provisions of this chapter, any 25 owners of land lying within the boundaries of the district may file a petition with the State Natural Resources Conservation Council praying that the operations of the district be terminated and the existence of the district discontinued. Proceedings to determine whether a district shall be discontinued shall follow so far as appropriate the procedure for the establishment of the district as set forth in this chapter. If a majority of the landowners of such district present and voting, vote to disband, the chair of the board of supervisors or a member of the board shall so certify to the Secretary of State. The Secretary of State shall issue to the supervisors a certificate of dissolution, and make proper record of this action.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), § 16(b), eff. March 22, 1968; 1995, No. 163 (Adj. Sess.), § 11, eff. May 15, 1996.)

§ 730 Effect of termination

Upon issuance of a certificate of dissolution under the provisions of this chapter, all ordinances and rules previously adopted and in force within such districts shall be of no further force and effect. All contracts previously entered into, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. The State Natural Resources Conservation Council shall have the right to be substituted for the district or supervisors as party to such contracts and, if it elects, the Council shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, to sue and be sued thereon, and to modify or terminate such contracts by mutual consent or otherwise, as the supervisors of the district would have had. Such dissolution shall not affect the lien of any judgment entered under the provisions of this chapter, nor the pendency of any action instituted under the provisions of this chapter, and the Council shall succeed to all the rights and obligations of the district or supervisors as to such liens and actions.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), § 16(b), eff. March 22, 1968; 2019, No. 14, § 23, eff. April 30, 2019.)

§ 731 Failure to observe land-use ordinance; conferences

(a) In the event that the supervisors of a district find that the provisions of a land-use ordinance adopted according to the provisions of this chapter are not being observed on particular lands, and that such nonobservance tends substantially to increase erosion on such lands and substantially interferes with the prevention or control of erosion or conservation of natural resources on other lands within the district, the supervisors may summon the owner of the land to appear before them to discuss the failure of the owner to observe the rules, and to perform particular work, operations, or avoidances as required by ordinance of the district, when the nonobservance tends substantially to increase erosion on the lands and substantially interferes with the prevention or control of erosion or conservation of natural resources on other lands within the district.

(b) By conference thus summoned, the supervisors and the owner of land not observing the ordinance adopted by the district, shall together make and sign a finding as to the issues that are involved in the failure of the owner to observe the ordinance of the district.

(c)(1) On the basis of such findings and if, after conference, it appears to the supervisors that there are great practical difficulties or unnecessary hardship involved in the full observance of the ordinance of the district, the supervisors shall endeavor to work out a program with the owner, as shall be acceptable to the owner and shall enable the owner to comply with the ordinance.

(2)(A) Alternatively, upon the basis of their findings, the supervisors may authorize such variance from the ordinances in their application to the lands of the owner who has not complied with the ordinance of the district, when such variance will relieve practical difficulties or unnecessary hardship to that owner and when such variance is not contrary to public interest and is in accordance with the purpose of land use regulations.

(B) The supervisors may request the landowner not complying with an ordinance to sign a stipulation setting forth the conditions agreed upon by the landowner and supervisors so that the practical difficulties or unnecessary hardship may be overcome and the work proceed by the consent of such landowner upon the land.

(d) Nothing in this chapter shall be construed so as to make ineffective any remedies available under the laws of the State.

(Amended 1995, No. 163 (Adj. Sess.), § 12, eff. May 15, 1996; 2019, No. 14, § 24, eff. April 30, 2019; 2019, No. 61, § 13.)

§§ 732, 733 Repealed

[Repealed]

2019, No. 61, § 13.

§ 734 Supervisors may petition Superior Court

If a landowner does not sign such stipulation, the supervisors may petition the Superior Court to require such landowner to bring his or her land into conformity with the ordinance, and the court shall order such relief as it may deem necessary in the interest of public health, safety, and welfare. However, no landowner shall by ordinance or otherwise be required to pay any money or perform any act that shall not be for the protection of his or her own land nor shall he or she be required to pay any money, perform any act, or carry out any practice that shall not be in just proportion to the benefits that he or she will receive and further provided that he or she shall not be required to pay any money, perform any act, or carry out any practice that shall not be deemed to be necessary for the public good.

(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2019, No. 61, § 13.)

§ 735 Validation of defectively organized districts

All natural resources conservation districts heretofore organized are hereby recognized and declared to be natural resources conservation districts subject to the provisions of this chapter, notwithstanding any defect in the process of their organization.

(Amended 1963, No. 79, § 1(b), eff. May 7, 1963; 1967, No. 303 (Adj. Sess.), § 15(b), eff. March 22, 1968.)

§ 736 Division and combination of districts and unions — Generally

Any district or union organized under the provisions of this chapter may be divided and the divided portions may become separate districts or unions or may be combined with one or more districts or unions as hereinafter provided. When the State Council deems it advisable to divide a district or union, the divided portions to become one or more separate districts or unions, or to be combined with one or more existing districts or unions, it shall first determine whether such divisions, or divisions and combinations, are administratively practicable and feasible. In making such determination, the State Council may hold hearings, conduct referenda, or use any other means that it deems adequate to assist it. However, no such determination may be made until after the district or union governing bodies of all districts or unions concerned have approved by resolution the proposed divisions, or divisions and combinations. When the State Council has determined such moves to be practicable and feasible, it shall by resolution declare the proposed divisions, or divisions and combinations, to be in effect.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), § 14, eff. March 22, 1968.)

§ 737 Not more than three towns

When the portion to be separated from a district and combined with another district does not comprise more than three towns, and the State Council has declared the move to be effective, that portion will come under the jurisdiction of the district to which it has been added. Where a supervisor resides in the portion of a district that has been added to another district, he or she shall resign and his or her successor shall be appointed by the remaining supervisors of the district where the vacancy occurs. When any district has had its boundaries so changed, the supervisors of the districts concerned shall apply to the Secretary of State for a new certificate of organization covering the area then within the district. If it is desirable to change the name of any district, the application shall so state. When the new certificate has been issued, the new district shall be duly organized and the old district which it replaces will cease to exist.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961.)

§ 738 More than three towns

When the portion to be separated from a district and combined with another district consists of more than three towns, and the State Council has declared the move to be effective, the Council shall appoint two supervisors for each of the new districts. Where possible, these appointments shall be made from among the existing supervisors. In each case, the two appointed supervisors will proceed to organize the new district in the same manner in which a district is organized following a referendum. When the governing body of each of the new districts has been organized, the supervisors of both the old and the new districts shall apportion the assets, rights, and properties of the divided district among the new districts. If the supervisors of the affected districts cannot agree within 60 days from the date of election of the new supervisors, the State Council will make the apportionment. In doing this, the Council shall conduct hearings with the supervisors and others who may have an interest to assist them in making a decision. Upon completion of the distribution of the assets of the old districts, the old districts shall cease to exist and the supervisors thereof will no longer serve as their governing bodies.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961.)

§ 739 Divided portion as new district

When the portion to be divided from a district consists of more than three adjacent towns, the divided portion may either become a separate district or be combined with an existing district as provided in section 738 of this title. When the State Council has determined that it is administratively feasible and practicable for the divided portion to become a separate district and by resolution has declared such a change to be in effect, it shall appoint two supervisors for each of the new districts. The procedure outlined in section 738 shall then be followed in completing the organization of the two new districts and in apportioning the assets, rights, and properties of the divided district among the new districts.

(Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961.)

§ 740 Assumption of commitments

In any case where the boundaries of districts have been changed in accordance with the provisions of this chapter, any commitments made by districts to landowners will be assumed by the districts in which their land is located after the changes in boundaries have been made.

Subchapter 2 On-Site Sewage Program

§§ 746, 747 Repealed

[Repealed]

2001, No. 133 (Adj. Sess.), § 14, eff. June 13, 2002.

§ 747a Limitation; liability

(a) An action against the on-site sewage program provided by this subchapter, regarding the design, installation, or operation of any system, shall be brought against a conservation district only, and shall be brought within six years from certification of the system by an on-site sewage technician.

(b) An employee of a conservation district or the Vermont association of conservation districts, hired to implement the on-site sewage program provided by this subchapter, shall be immune from liability under the provisions of 24 V.S.A. § 901 regarding municipal officers.

(Added 1995, No. 163 (Adj. Sess.), § 13a, eff. May 15, 1996.)

§§ 748, 749 Repealed

[Repealed]

2001, No. 133 (Adj. Sess.), § 14, eff. June 13, 2002.

Chapter 32 Flood Hazard Areas

§ 751 Purpose

The purpose of this chapter is to minimize and prevent the loss of life and property, the disruption of commerce, the impairment of the tax base, and the extraordinary public expenditures and demands on public service that result from flooding; to ensure that the development of the flood hazard areas of this State is accomplished in a manner consistent with the health, safety and welfare of the public; to coordinate federal, State, and local management activities for flood hazard areas; to encourage local government units to manage flood hazard areas and other flood-prone lands; to provide State assistance to local government units in management of flood-prone lands; to comply with National Flood Insurance Program requirements for the regulation of development; to authorize adoption of State rules for management of uses exempt from municipal regulation in a flood hazard area; to maintain the agricultural use of flood-prone lands consistent with the National Flood Insurance Program; to carry out a comprehensive statewide flood hazard area management program for the State in order to ensure eligibility for flood insurance under the requirements of the National Flood Insurance Program.

(Added 1973, No. 263 (Adj. Sess.), § 2, eff. 30 days from April 16, 1974; amended 2011, No. 138 (Adj. Sess.), § 1, eff. May 14, 2012.)

§ 752 Definitions

As used in this chapter:

(1) “Agency” means the Agency of Natural Resources.

(2) “Development,” for the purposes of flood hazard area management and regulation, has the same meaning as “development” under 44 C.F.R. § 59.1.

(3) “Flood hazard area” has the same meaning as “area of special flood hazard” under 44 C.F.R. § 59.1.

(4) “Flood proofing” shall have the same meaning as “flood proofing” under 44 C.F.R. § 59.1.

(5) “Floodway” shall have the same meaning as “regulatory floodway” under 44 C.F.R. § 59.1.

(6) “Legislative body” means the selectboard, trustees, mayor, city council, and alderboard of a municipality.

(7) “Municipality” means any town, city, or incorporated village.

(8) “Development exempt from municipal regulation” means development that is exempt from municipal land use regulation under 24 V.S.A. chapter 117.

(9) “National Flood Insurance Program” means the National Flood Insurance Program under 42 U.S.C. chapter 50 and implementing federal regulations in 44 C.F.R. parts 59 and 60.

(10) “Regional planning commission” means the regional planning commission of which a municipality is a member or would be a member based upon its location.

(11) “River corridor” means the land area adjacent to a river that is required to accommodate the dimensions, slope, planform, and buffer of the naturally stable channel and that is necessary for the natural maintenance or natural restoration of a dynamic equilibrium condition, as that term is defined in section 1422 of this title, and for minimization of fluvial erosion hazards, as delineated by the Agency of Natural Resources in accordance with river corridor protection procedures.

(12) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative.

(13) “Existing settlement” has the same meaning as in section 6001 of this title.

(14) “Mapped river corridor” means a river corridor drawn and adopted by the Secretary of Natural Resources as part of the statewide River Corridor Base Map Layer in accordance with the Flood Hazard Area and River Corridor Protection Procedure for rivers and streams with a watershed area greater than two square miles.

(Added 1973, No. 263 (Adj. Sess.), § 2, eff. May 16, 1974; amended 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 15; 2011, No. 138 (Adj. Sess.), § 1, eff. May 14, 2012; 2023, No. 121 (Adj. Sess.), § 4, eff. July 1, 2024.)

§ 753 Flood hazard areas; cooperation; mapping

(a) Cooperation to secure flood insurance. The Secretary and all municipalities, regional planning commissions, and departments and agencies of State government shall mutually cooperate to achieve the purposes of this chapter and to secure flood insurance for municipalities and the State of Vermont. All correspondence sent to a municipality pursuant to this chapter shall be sent to the municipal clerk, the municipal manager, if one exists, the legislative body, the planning commission, and the conservation commission, if one exists. Copies of this correspondence shall be sent to the regional planning commission and the Agency of Commerce and Community Development.

(b) Notice of designation of flood hazard areas; maps. The Secretary shall, as the information becomes available, provide each municipality with a designation of flood hazard areas. The designation shall include a map or maps.

(c) Procedure to authorize review of municipal permit applications. The Secretary shall establish a procedure for authorizing a representative of a municipality or a regional planning commission to conduct the review required under 24 V.S.A. § 4424(a)(2)(D), including eligibility requirements for authorization to conduct permit application review and an approved process or list of approved certifications that the Secretary shall accept as proof of expertise in the field of floodplain management.

(Added 1973, No. 263 (Adj. Sess.), § 2, eff. May 16, 1974; amended 1977, No. 200 (Adj. Sess.), §§ 1-3, 5, eff. April 5, 1978; 1981, No. 222 (Adj. Sess.), § 42; 1983, No. 249 (Adj. Sess.), § 3; 1995, No. 190 (Adj. Sess.), § 1(a); 2011, No. 138 (Adj. Sess.), § 1, eff. May 14, 2012.)

§ 754 Mapped River Corridor Rules

(a) Rulemaking authority.

(1) On or before July 1, 2027, the Secretary shall adopt rules pursuant to 3 V.S.A. chapter 25 that establish requirements for issuing and enforcing permits for:

(A) all development within a mapped river corridor in the State; and

(B) for development exempt from municipal regulation in flood hazard areas.

(2) The Secretary shall not adopt rules under this subsection that regulate agricultural activities without the consent of the Secretary of Agriculture, Food and Markets, provided that the Secretary of Agriculture, Food and Markets shall not withhold consent under this subdivision when lack of such consent would result in the State’s noncompliance with the National Flood Insurance Program.

(3) The Secretary shall seek the guidance of the Federal Emergency Management Agency in developing and drafting the rules required by this section in order to ensure that the rules are sufficient to meet eligibility requirements for the National Flood Insurance Program.

(b) Required rulemaking content. The rules shall:

(1) set forth the requirements necessary to ensure that development exempt from municipal regulation in flood hazard areas is regulated by the State in order to comply with the regulatory obligations set forth under the National Flood Insurance Program;

(2) be designed to ensure that the State and municipalities meet community eligibility requirements for the National Flood Insurance Program;

(3) establish requirements for the permitting of development within the mapped river corridors of the State;

(4) provide certain regulatory exemptions for minor development activities in a mapped river corridor when the development activities have no adverse environmental effects;

(5) establish the requirements and process for a municipality to be delegated the State’s permitting authority for development in a mapped river corridor when the development is not exempt from municipal regulation and when the municipality has adopted an ordinance or bylaw under 24 V.S.A. chapter 117 that has been approved by the Secretary and that meets or exceeds the requirements established under State rule;

(6) set forth a process for amending the statewide River Corridor Base Map; and

(7) establish requirements that exceed the requirements of the National Flood Insurance Program for development exempt from municipal regulation in flood hazard areas, including requirements for the maintenance of existing native riparian vegetation, provided that any rules adopted under this subsection that exceed the minimum requirements of the National Flood Insurance Program shall be designed to prevent or limit a risk of harm to life, property, or infrastructure from flooding.

(c) General permit. The rules authorized by this section may establish requirements for a general permit to implement the requirements of this section, including authorization under the general permit to conduct a specified use exempt from municipal regulation without notifying or reporting to the Secretary or an agency delegated under subsection (f) of this section. A general permit implementing the requirements of this section shall not be required to be issued by rule.

(d) Consultation with interested parties. Prior to submitting the rules required by this section to the Secretary of State under 3 V.S.A. § 838, the Secretary shall solicit the recommendations of and consult with affected and interested persons and entities such as: the Secretary of Commerce and Community Development; the Secretary of Agriculture, Food and Markets; the Secretary of Transportation; the Commissioner of Financial Regulation; representatives of river protection interests; representatives of fishing and recreational interests; representatives of the banking industry; representatives of the agricultural community; representatives of the forest products industry; the regional planning commissions; municipal interests; and representatives of municipal associations.

(e) Permit requirement. Beginning on January 1, 2028, a person shall not commence or conduct development exempt from municipal regulation in a flood hazard area or commence or conduct any development in a mapped river corridor without a permit issued under the rules required under subsection (a) of this section by the Secretary or by a State agency delegated permitting authority under subsection (f) of this section. When an application is filed under this section, the Secretary or delegated State agency shall proceed in accordance with chapter 170 of this title.

(f) Delegation.

(1) The Secretary may delegate to another State agency the authority to implement the rules adopted under this section, to issue a permit under subsection (e) of this section, and to enforce the rules and a permit.

(2) A memorandum of understanding shall be entered into between the Secretary and a delegated State agency for the purpose of specifying implementation of requirements of this section and the rules adopted under this section, issuance of a permit or coverage under a general permit under this section, and enforcement of the rules and permit required by this section.

(3) Prior to entering a memorandum of understanding, the Secretary shall post the proposed memorandum of understanding on its website for 30 days for notice and comment. When the memorandum of understanding is posted, it shall include a summary of the proposed memorandum; the name, telephone number, and address of a person able to answer questions and receive comments on the proposal; and the deadline for receiving comments. A final copy of a memorandum of understanding entered into under this section shall be sent to the chairs of the House Committee on Environment, the Senate Committee on Natural Resources and Energy, and any other committee that has jurisdiction over an agency that is a party to the memorandum of understanding.

(g) Municipal authority. This section and the rules adopted under it shall not prevent a municipality from adopting substantive requirements for development in a flood hazard area bylaw or ordinance under 24 V.S.A. chapter 117 that are more stringent than the rules required by this section, provided that the bylaw or ordinance shall not apply to uses exempt from municipal regulation.

(Added 2011, No. 138 (Adj. Sess.), § 1, eff. May 14, 2012; amended 2013, No. 107 (Adj. Sess.), § 1, eff. April 18, 2014; 2015, No. 150 (Adj. Sess.), § 8, eff. Jan. 1, 2018; 2017, No. 113 (Adj. Sess.), § 44a; 2023, No. 121 (Adj. Sess.), § 5, eff. July 1, 2024.)

§ 755 State flood hazard area standards; municipal education; model flood hazard area bylaw or ordinance

(a) State flood hazard area standards.

(1) On or before January 1, 2026, the Secretary shall adopt rules pursuant to 3 V.S.A. chapter 25 that establish a set of flood hazard area standards for enrollment in the National Flood Insurance Program (NFIP).

(2) The rules shall contain flood hazard area standards that meet or exceed the minimum standards of the NFIP by reducing flood risk to new development and ensuring new development does not create adverse impacts to adjacent preexisting development.

(3) Any municipality with a municipal flood hazard area bylaw or ordinance shall update their bylaw or ordinance to incorporate the State Flood Hazard Area Standards. Nothing in this section shall prohibit a municipality from adopting a more protective flood hazard standard with language and standards approved by the Agency.

(4) On or after January 1, 2028, the State Flood Hazard Areas adopted under subdivision (1) of this subsection shall be the State minimum flood hazard areas standards.

(b) Education and assistance. The Secretary, in consultation with regional 2024 planning commissions, shall provide ongoing education, technical assistance, and guidance to municipalities regarding the requirements under 24 V.S.A. chapter 117 necessary for compliance with the NFIP, including implementation of the State Flood Hazard Area Standards adopted under subsection (a) of this section.

(c) Model flood hazard area bylaw or ordinance. The Secretary shall create and make available to municipalities a model flood hazard area bylaw or ordinance for potential adoption by municipalities pursuant to 24 V.S.A. chapter 117 or 24 V.S.A. § 2291. The model bylaw or ordinance shall set forth the minimum provisions necessary to meet the requirements of the NFIP, including implementation of the State Flood Hazard Area Standards adopted under subsection (a) of this section. The model bylaw may include alternatives that exceed the minimum requirements for compliance with the NFIP and State Flood Hazard Area Standards in order to allow a municipality to elect whether it wants to adopt the minimum requirement or an alternate requirement that further minimizes the risk of harm to life, property, and infrastructure from flooding.

(d) Assistance to municipalities with no flood hazard area bylaw or ordinance. The Secretary, in consultation with municipalities, municipal organizations, and regional planning commissions, shall provide education and technical assistance to municipalities that lack a flood hazard area bylaw or 2024 ordinance in order to encourage adoption of a flood hazard area bylaw or ordinance that qualifies the municipality for the NFIP.

(Added 2011, No. 138 (Adj. Sess.), § 1, eff. May 14, 2012; amended 2023, No. 121 (Adj. Sess.), § 6, eff. July 1, 2024.)

Chapter 33 Supervisory Unions

§ 801 Purpose

The purpose of this chapter is to authorize the natural resources conservation districts in Vermont to form supervisory unions for administrative purposes while still retaining their individual identities, duties, and powers as authorized under sections 701-740 of this title. The supervisory unions will help carry out a broadened program of conservation, development, and use of the natural resources and the broadened program will aid cooperation with local and State agencies, and provide coordination through proper channels with federal agencies.

(Added 1967, No. 303 (Adj. Sess.), § 17, eff. March 22, 1968; amended 1969, No. 16, § 2, eff. March 11, 1969.)

§ 802 Formation of supervisory union

The State Natural Resources Conservation Council, on petition from two or more districts, may combine several districts into a supervisory union after having determined that such a union is feasible, and in the best interests of the people in the district. The Council may hold hearings and receive testimony from landowners with lands lying within the bounds of the proposed supervisory union. If the Council determines that a union is administratively practicable, feasible, and in the public interest it shall so indicate in its minutes and proceed with the organization.

(Added 1967, No. 303 (Adj. Sess.), § 17, eff. March 22, 1968.)

§ 803 Application and procedure

(a) Each district shall appoint one of its supervisors as its member of the supervisory union board. They may also appoint an alternate who must be a supervisor. The executive secretary of the Council shall be an advisory member of and clerk of the board.

(b)(1) The board of directors shall present to the Secretary of State an application signed by them that shall set forth:

(A) that a petition for the creation of the union was filed with the council pursuant to the provisions of this chapter;

(B) that the proceedings specified in this chapter were taken pursuant to such petition; and

(C) that the application is filed in order to complete the organization of the union as a corporate entity.

(2) The application shall be subscribed to by each of the directors.

(c) The application shall be accompanied by a statement by the State Council that a petition was filed and that thereafter the Council determined that the operation of the proposed union is administratively practicable and feasible and in the public interest. The statement shall show the boundaries of the union as defined by the Council.

(d) The Secretary of State shall file and record the application and statement in an appropriate record book in his or her office. When the application and statement have been filed and recorded, the union shall constitute a governmental subdivision of this State. Without cost, the Secretary of State shall issue a certificate under seal to the board of directors, certifying to the due organization of the union and shall file a copy of the certificate with the application and statement.

(Added 1967, No. 303 (Adj. Sess.), § 17, eff. March 22, 1968; amended 1995, No. 163 (Adj. Sess.), § 14, eff. May 15, 1996; 2019, No. 14, § 26, eff. April 30, 2019.)

§ 804 Board of directors; organization; pay

The board of directors shall elect a chair from among its members and may from time to time change the designation. A majority of the board shall constitute a quorum. A board member shall be entitled to receive compensation for services at a rate not to exceed the per diem rate as defined by 32 V.S.A. § 1010(b). A board member shall also be entitled to expenses including traveling expenses. The per diem and expenses shall be subject to review and control of the Council. The board may call upon the Attorney General of the State for such legal services as it may require.

(Added 1967, No. 303 (Adj. Sess.), § 17, eff. March 22, 1968; amended 1995, No. 163 (Adj. Sess.), § 15, eff. May 15, 1996.)

§ 805 Powers and duties of board

The board of directors shall have the following powers and duties:

(1) It shall keep a record of all proceedings and resolutions and provide for an annual audit of receipts and disbursements.

(2) It shall offer appropriate assistance to the member districts.

(3) It shall coordinate the programs of the member districts so far as this may be done by advice and consultation.

(4) It shall elect a Council member to represent their union for a two-year term. The Council member must be a district supervisor from a district within the union, but need not be on the union board. They may also elect an alternate Council member who must be a supervisor from a district within the union and need not be on the union board.

(5) It may employ a union conservationist and shall determine his qualifications, duties and salary, with the advice and approval of the Council, but he or she must be an employee of the State of Vermont under the classified system.

(6) It shall provide for the execution of surety bonds for all employees and officers who are entrusted with funds.

(7) It may, within appropriation limits, enter into agreements to furnish financial or other aid to any agency, governmental or otherwise, in planning for the conservation, development, and use of natural resources.

(Added 1967, No. 303 (Adj. Sess.), § 17, eff. March 22, 1968; amended 1995, No. 163 (Adj. Sess.), § 16, eff. May 15, 1996.)

§ 806 Removal of board member

Any board member may be removed from office by the Council upon notice and hearing for neglect of duty or malfeasance in office but for no other reason. The Council shall replace any board member so removed by a representative from the district of the removed member.

(Added 1967, No. 303 (Adj. Sess.), § 17, eff. March 22, 1968.)

§ 807 Duties of union conservationist

The union conservationist shall:

(1) Devote his or her entire time to the duties of his or her office and apportion his or her time as prescribed by the board of directors after determining the workload in districts. He or she shall help implement programs of the member districts and shall perform the duties as set forth by the board of directors from time to time.

(2) Endeavor to coordinate programs and plans of the member districts.

(3) Furnish the executive secretary of the Council such data and information from time to time as he or she may require.

(4) Report to the executive secretary of the Council on or before July 15 each year, the needs, conditions, and progress of the districts under his or her jurisdiction.

(5) Report to the board of directors and the member districts annually concerning his or her activities and the needs of the districts within the union, together with recommendations for their improvement.

(Added 1967, No. 303 (Adj. Sess.), § 17, eff. March 22, 1968.)

Chapter 34 Conservation and Preservation Rights and Interests

§ 821 Definitions

As used in this chapter:

(1) “Conservation rights and interests” mean rights held by a qualified holder to restrict or condition the use, modification, or subdivision of a land or water area and rights to perform, or require the performance of, specified activities with respect thereto. These rights and interests shall be for the purpose of maintaining, enhancing, and conserving that land or water area, including improvements thereon, predominantly in its natural, scenic, or open condition, or in agricultural, farming, forest, wildlife, or open space use, or for public recreation, or in other use or condition consistent with the purposes set forth in section 6301 of this title.

(2) “Preservation rights and interests” mean rights held by a qualified holder to restrict or condition the use, modification, or subdivision of a structure or site, and rights to perform, or require the performance of, specified activities with respect thereto. Such rights and interests shall be for the purpose of preserving, rehabilitating, or restoring a structure or site having significant historical, architectural, cultural, or archaeological characteristics.

(3) “Qualified holder” and “holder” mean:

(A) a municipality, department, or board of the State of Vermont;

(B) an organization qualifying under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, provided one of the stated purposes of the organization is to acquire property or rights and interests in property in order to preserve historic, agricultural, forestry, or open space resources;

(C) an organization qualifying under Section 501(c)(2) of the Internal Revenue Code of 1986, as amended, provided that organization is controlled exclusively by an organization or organizations described in subdivision (B) of this subdivision (3); and

(D) the United States of America.

(Added 1977, No. 221 (Adj. Sess.), § 1, eff. April 12, 1978; amended 1987, No. 200 (Adj. Sess.), § 48; 1993, No. 59, § 25b, eff. June 3, 1993; 2019, No. 14, § 27, eff. April 30, 2019.)

§ 822 Rights and interests

Conservation and preservation rights and interests shall be stated in the form of a deed restriction, right, easement, covenant, or condition. These rights and interests shall be valid, exercisable, and enforceable by the holder thereof and by the holder’s successors and assigns, against the owner of the encumbered property and the owner’s heirs, successors, and assigns, whether or not such rights or interests are appurtenant to or benefit a specific parcel of real property, and regardless of privity of contract, or lack thereof, between the holder of such rights or interests and the owner of the encumbered property.

(Added 1977, No. 221 (Adj. Sess.), § 1, eff. April 12, 1978; amended 1987, No. 200 (Adj. Sess.), § 49.)

§ 823 Interests in real property

Conservation and preservation rights and interests shall be deemed to be interests in real property and shall run with the land. A document creating such a right or interest shall be deemed to be a conveyance of real property and shall be recorded under 27 V.S.A. chapter 5 but shall not be subject to the requirement of filing a notice of claim within the 40-year period as provided in 27 V.S.A. § 603. Such a right or interest shall be enforceable in law or in equity. Any subsequent transfer, mortgage, lease, or other conveyance of the real property or an interest in the real property shall reference the grant of conservation rights and interests in the real property; provided, however, that the failure to include a reference to the grant shall not affect the validity or enforceability of the conservation rights and interests.

(Added 1977, No. 221 (Adj. Sess.), § 1, eff. April 12, 1978; amended 1987, No. 200 (Adj. Sess.), § 50; 2011, No. 118 (Adj. Sess.), § 5; 2015, No. 84 (Adj. Sess.), § 2.)

Chapter 35 Drainage of Low Lands

§ 851 Landowner’s duties

When the public good or the necessity or convenience of individuals requires the opening of a ditch or watercourse to drain low or swamp lands, to enable owners or occupants thereof to cultivate the same, such owners or occupants shall open such ditch or watercourse in proportion to their several interests.

§ 852 Dispute between landowners; notice to selectboard; investigation

When there is a dispute between parties as to the opening of a ditch or watercourse or the width, depth, or extent that a person shall open, either party may notify in writing the selectboard of the town in which the lands are located of the dispute and ask for an investigation.

§ 853 Hearings; orders; charges; lien

On receiving such notice, the selectboard shall notify all the parties interested of the time when it will examine the premises and hear the parties and their witnesses. They shall apportion the ditch or watercourse among the several parties having regard to the interest of each party in the opening thereof, and shall decide what time each party shall have to open his or her share of the ditch or watercourse, and they may order such ditch or watercourse or a part thereof to be covered, or the selectboard may, if it deems it advantageous and with the written consent of three-fourths of the landowners concerned, place one or more contracts covering all or such portions of said ditch or watercourse as it may deem advisable, and allocate costs in proportion to the benefits received by the interested parties. Such charges shall become a first lien on the property after taxes, and shall be paid to the town treasurer at such time as shall be directed by the selectboard. Funds shall be paid out by the town treasurer on order of the selectboard for costs incurred in drainage. When lands affected lie in more than one town, the selectboard of each town shall appoint one of its own number with authority to act jointly with a similarly appointed representative or representatives from the other town or towns to act in determining the necessity of drainage, allocation of costs, entering into contracts, and other powers as set forth herein.

§ 854 When only part of landowners to open drain

When it appears to the selectboard that the owner or occupant of a piece of land is not sufficiently interested in opening the ditch or watercourse to be required to perform or pay for any part thereof, but it appears necessary for the other parties that such ditch or watercourse should be constructed across such land, they may award that the same be done at the expense of such other parties. The parties in whose favor the award is made, may open the ditch or watercourse across such land at their own expense without being trespassers.

§ 855 Land damages

When an owner of land through which a drain is to be constructed claims damages therefor, the selectboard shall hear the parties interested therein, and may award reasonable damages to be paid by the parties benefited in such proportions as the selectboard deem just. In estimating such damages, the benefit that the person may receive thereby shall be taken into consideration.

§ 856 Expenses, paid by whom

All expenses under this chapter shall be paid by the parties interested in such proportion as the selectboard orders, and the selectboard shall receive the same compensation as for other services.

§ 857 Decision; written and filed

The award of the selectboard shall be in writing, signed by a majority of them, and they shall lodge it, or a certified copy thereof, in the office of the town clerk. The clerk shall keep it on file, and the selectboard shall deliver a copy to each of the interested parties. Such award shall be binding on the parties.

§ 858 Depth of drainage

An owner of land shall not be required to make or assist in making a ditch or watercourse of greater depth than is necessary for draining his or her land.

§ 859 Cleaning or repairing ditches

Ditches or watercourses opened under the provisions of this chapter shall be kept free for the passage of water into and through the same. If a person fails to do his or her proportionate share of cleaning or repairing a ditch or watercourse, the same proceedings may be had as in case of opening ditches or watercourses.

§ 860 Opening on noncompliance with order

When a person does not open a ditch or watercourse, or his or her proportion thereof, in accordance with the order of the selectboard, a person interested who was a party of record in the proceedings may open such ditch or watercourse and collect pay for the same of the party who was directed by the order of the selectboard to open such ditch or watercourse.

§ 861 Discontinuance

Ditches and watercourses opened under the provisions of this chapter may be discontinued by the same proceedings and under the regulations provided for opening the same.

§ 862 Appeal from award; recognizance

A person owning land through which a drain or watercourse is to be laid may appeal from the award of the selectboard to the Superior Court, by entering into a recognizance with sufficient sureties, before the board, in such sum as it requires, conditioned that the appellant will prosecute his or her appeal to effect and pay intervening damages and costs in case the award is affirmed.

(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

§ 863 Procedure on appeal; commissioners

When the appeal is entered in the Superior Court with the report of the selectboard in writing, in its discretion, upon hearing, the court may accept or reject the award, or may appoint a commission consisting of three disinterested freeholders of the vicinity, who shall make examination of the premises. After notice to the parties and hearing, such commissioners shall make report thereof to the court within 30 days thereafter, or within such further time as the court upon request may fix.

(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

§ 864 Duties of court

The Superior Court shall make necessary orders and render judgments to carry out its decisions and tax costs as seems just.

(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

§ 865 Copy of award and judgment filed

A certified copy of the award of the selectboard or of the report of the commissioners, finally accepted by the Superior Court, with the orders and judgments of such court, shall be recorded in the office of the town clerk where the lands are situated.

(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

Chapter 37 Wetlands Protection and Water Resources Management

Subchapter 1 General Provisions

§ 901 Water resources management policy

It is hereby declared to be the policy of the State that:

(1) the water resources of the State shall be protected; regulated; and, where necessary, controlled under authority of the State in the public interest and to promote the general welfare;

(2) the wetlands of the State shall be protected, regulated, and restored so that Vermont achieves a net gain of wetlands acreage; and

(3) regulation and management of the water resources of the State, including wetlands, should be guided by science, and authorized activities in water resources and wetlands should have a net environmental benefit to the State.

(Amended 1959, No. 329 (Adj. Sess.), § 42, eff. March 1, 1961; 1961, No. 100, § 1; 1965, No. 116; 1975, No. 254 (Adj. Sess.), § 142; 1981, No. 222 (Adj. Sess.), § 11; 2023, No. 121 (Adj. Sess.), § 12, eff. July 1, 2024.)

§ 902 Definitions

Wherever used or referred to in this chapter, unless a different meaning clearly appears from the context:

(1) “Board” means the Land Use Review Board.

(2) “Department” means Department of Environmental Conservation.

(3) “Waters” means any and all rivers, streams, brooks, creeks, lakes, ponds, or stored water, and groundwaters, excluding municipal and farm water supplies.

(4) “Water resources” means the waters and the values inherent or potential in waters and their uses.

(5) “Wetlands” means those areas of the State that are inundated by surface or groundwater with a frequency sufficient to support significant vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and reproduction. Such areas include marshes, swamps, sloughs, potholes, fens, river and lake overflows, mud flats, bogs, and ponds, but excluding such areas as grow food or crops in connection with farming activities.

(6) “Class I wetland” means:

(A) a wetland identified on the Vermont significant wetlands inventory maps as a Class I wetland;

(B) a wetland that the former Water Resources Board identified in rules of the Board as a Class I wetland; or

(C) a wetland that the Secretary, based upon an evaluation of the extent to which the wetland serves the functions and values set forth in subdivision 905b(18)(A) of this title, determines is exceptional or irreplaceable in its contribution to Vermont’s natural heritage and, therefore, merits the highest level of protection.

(7) “Class II wetland” means a wetland other than a Class I or Class III wetland that:

(A) is a wetland identified on the Vermont significant wetlands inventory maps; or

(B) the Secretary determines to merit protection, pursuant to section 914 of this title, based upon an evaluation of the extent to which it serves the functions and values set forth in subdivision 905b(18)(A) of this title and the rules of the Department.

(8) “Class III wetland” means a wetland that is neither a Class I wetland nor a Class II wetland.

(9) “Buffer zone” means an area contiguous to a significant wetland that protects the wetland’s functions and values. The buffer zone for a Class I wetland shall extend at least 100 feet from the border of the wetland, unless the Department determines otherwise under section 915 of this title. The buffer zone for a Class II wetland shall extend at least 50 feet from the border of the wetland unless the Secretary determines otherwise under section 914 of this title.

(10) “Panel” means the Water Resources Panel of the Agency of Natural Resources.

(11) “Significant wetland” means any Class I or Class II wetland.

(12) “Secretary” means the Secretary of Natural Resources or the Secretary’s authorized representative.

(13) “Dam removal” has the same meaning as in section 1080 of this title.

(Amended 1969, No. 281 (Adj. Sess.), § 4; 1981, No. 222 (Adj. Sess.), § 11; 1985, No. 188 (Adj. Sess.), § 1; 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 16, eff. Jan. 31, 2005; 2009, No. 31, § 3; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2023, No. 121 (Adj. Sess.), § 13, eff. July 1, 2024.)

Subchapter 2 Vermont Water Resources Board

§§ 903-905 Repealed

[Repealed]

2003, No. 115 (Adj. Sess.), § 119(b), eff. Jan. 31, 2005.

Subchapter 3 Department of Environmental Conservation

§ 905a Department of Environmental Conservation

There is created the Department of Environmental Conservation, to be administered by a Commissioner of Environmental Conservation.

(Added 1981, No. 222 (Adj. Sess.), § 11; amended 1987, No. 76, § 17.)

§ 905b Duties; powers

The Department shall protect and manage the water resources of the State in accordance with the provisions of this subchapter and shall:

(1) Study and investigate the streams in the State and their basins, and cooperate with federal agencies in mapping them and in collecting and compiling data relating to run off and stream flow.

(2) Cooperate with natural resources conservation districts.

(3) Have supervision over and act as the State’s agency in all matters affecting flood control, channel clearing, and river bank protection. To discharge this responsibility, the Department shall:

(A) Develop flood control policies and a flood control program that balances the need to protect the environment with the need to protect public and private property. The policy and program shall direct appropriate remedial measures following significant flooding events and shall define appropriate flood hazard mitigation measures. These measures may include:

(i) flood debris removal and streambed and stream bank maintenance and restoration practices;

(ii) identification of disaster-prone areas;

(iii) land use planning assistance to minimize future damage from flooding;

(iv) flood proofing measures for existing vulnerable private or public structures;

(v) acquisition and relocation of structures away from hazard-prone areas;

(vi) development of State standards to protect public infrastructure from disaster damage;

(vii) structural hazard control, such as debris basins or floodwalls to protect critical facilities; and

(viii) educating the public regarding the availability of flood insurance and the advisability of obtaining flood insurance.

(B) Develop and implement steps to incorporate into other programs administered by the Department measures that decrease the likelihood and impact of future flooding incidents.

(4) Make studies and investigations or demonstrations of problems relating to water quality with respect to pollution and causes, prevention, control, and abatement thereof as it may deem advisable, and when appropriate propose remedies to the Legislature.

(5) Encourage the construction of sewage disposal plants by municipalities and encourage the construction of septic tanks and other proper methods of waste and sewage disposal in rural and industrial areas.

(6) After the construction or major reconstruction of sewage disposal plants and attendant facilities, and at least once every three years, and once in any 12-month period upon petition by 10 or more people in interest from the municipality or an adjacent municipality, inspect the facilities so constructed, and similar facilities constructed for the purpose, to determine the efficiency of operation and maintenance, and submit a report to the appropriate municipal officials.

(7) Foster and encourage recreational uses of the waters of the State and for this and other purposes cooperate with municipalities of the State and with agencies of the State concerned.

(8) Accept and acquire in the name of the State by purchase, gift, or donation property rights in the waters of the State and facilities or improvements therein and for the purposes aforesaid improve and maintain the same.

(9) Administer loans, grants, and contracts from the federal, State, and local governments and from other sources, public and private, with the approval of the Governor, for furthering the water resources program of the State as embodied in the statutes.

(10), (11) [Repealed.]

(12) Make available to any municipality in the State, to the extent funds are available, assistance relating to surveys, studies, and plans for pollution abatement works.

(13) Undertake a continuing study and investigation of the groundwater in the State and cooperate with other governmental agencies in collecting and compiling data relating to the quantity, quality, and location of groundwater.

(14) Subject to the approval of the Governor, enter into contracts and agreements with the United States as are considered necessary and advisable to provide, subject to legislative authority, assurances of State and local cooperation when those assurances are required by the United States for the purpose of providing protection against floods under federal flood protection projects.

(15) In order to adequately protect the interests of the State in its water resources, and subject to limitations of duties otherwise provided by law, cooperate with the appropriate agencies of the federal and Canadian governments or of this or other states, or any interstate bureau, group, division, or agency with respect to the use of water from lakes and ponds, which are without or wholly or partially contained within this State, and to endeavor to harmonize any conflicting claims that might arise therefrom.

(16) Assist municipalities in the development of water supplies and in the construction of facilities for storage, distribution, and treatment of potable water supplies and approve all plans for the construction of such facilities. The Department may provide planning and engineering assistance as requested in matters relating to preliminary surveys, studies, and plans, if such assistance is not otherwise available.

(17) Adopt in accord with the Administrative Procedure Act those rules necessary for the proper administration of its duties.

(18) Study and investigate the wetlands of the State and cooperate with municipalities, the general public, other agencies, and the Board in collecting and compiling data relating to wetlands; propose to the Board specific wetlands to be designated as Class I wetlands; issue or deny permits pursuant to section 913 of this title and the rules authorized by this subdivision; issue wetland determinations pursuant to section 914 of this title; issue orders pursuant to section 1272 of this title; and in accordance with 3 V.S.A. chapter 25, adopt rules to address the following:

(A) The identification of wetlands that are so significant they merit protection. Any determination that a particular wetland is significant will result from an evaluation of at least the following functions and values which a wetland serves:

(i) provides temporary water storage for flood water and storm runoff;

(ii) contributes to the quality of surface and groundwater through chemical action;

(iii) naturally controls the effects of erosion and runoff, filtering silt, and organic matter;

(iv) contributes to the viability of fisheries by providing spawning, feeding, and general habitat for freshwater fish;

(v) provides habitat for breeding, feeding, resting, and shelter to both game and nongame species of wildlife;

(vi) provides stopover habitat for migratory birds;

(vii) contributes to an exemplary wetland natural community, in accordance with the rules of the Secretary;

(viii) provides for threatened and endangered species habitat;

(ix) provides valuable resources for education and research in natural sciences;

(x) provides direct and indirect recreational value and substantial economic benefits; and

(xi) contributes to the open-space character and overall beauty of the landscape.

(B) The ability to reclassify wetlands, in general, or on a case-by-case basis.

(C) The protection of wetlands that have been determined under subdivision (A) or (B) of this subdivision (18) to be significant, including rules that provide for the issuance or denial of permits and the issuance of wetland determinations by the Department under this chapter; provided, however, that the rules may only protect the values and functions sought to be preserved by the designation. The Department shall not adopt rules that restrain agricultural activities without the consent of the Secretary of Agriculture, Food and Markets and shall not adopt rules that restrain silvicultural activities without the consent of the Commissioner of Forests, Parks and Recreation.

(19) Cooperate with the agencies of the federal government and of the province of Quebec, adjoining states, and states through which water from Vermont streams flow in all matters relating to interstate streams.

(20) [Repealed.]

(21) Act as the Vermont Secretary of Natural Resources mentioned in the act of Congress, entitled “An act authorizing the construction of certain public works on rivers and harbors for flood control and for other purposes,” approved December 22, 1944. In this connection, the Department shall carry out the policy of the State as defined by section 1100 of this title.

(Added 1981, No. 222 (Adj. Sess.), § 11; amended 1983, No. 173 (Adj. Sess.), § 1; 1985, No. 188 (Adj. Sess.), § 3; 1987, No. 76, § 9; 1989, No. 88, § 1; 1997, No. 51, § 1; 1997, No. 137 (Adj. Sess.), § 2, eff. July 1, 1999; 2001, No. 143 (Adj. Sess.), § 55; 2003, No. 115 (Adj. Sess.), § 17, eff. Jan. 31, 2005; 2009, No. 31, §§ 4, 14(b); 2011, No. 138 (Adj. Sess.), § 20, eff. May 14, 2012; 2023, No. 53, § 13, eff. June 8, 2023; 2023, No. 85 (Adj. Sess.), § 5, eff. July 1, 2024.)

§ 906 Investigators

Investigators employed by the Department of Environmental Conservation when designated in writing by the Commissioner of Environmental Conservation shall enforce the provisions of chapters 37, 39, 41, 43, 47 and 49 and subchapter 3 of chapter 48 of this title; Title 29, chapter 11; sections 1215 and 1217 of Title 18; section 2201 of Title 24 and sections 4411 and 4444 of Title 24 insofar as those chapters and sections contain enforceable provisions and may summons or arrest violators thereof. In those matters, they may serve criminal process and subpoenas. They shall have the same powers as other informing officers to make and subscribe to complaints for violation thereof.

(1965, No. 110, eff. June 22, 1965; amended 1971, No. 255 (Adj. Sess.), § 2, eff. April 11, 1972; 1981, No. 222 (Adj. Sess.), § 11; 1987, No. 76, § 18.)

§§ 907-910 [Omitted.]

§ 911 Entrance upon lands; records, maintenance

The Department employee or agent may enter upon lands for the purposes of inspecting and investigating conditions relating to sources of pollution of the waters of the State or the potential pollution thereof, and to determine whether the rules and orders of the Department are being complied with. Any authorized representative of the Department may examine any records or memoranda pertaining to the operation of disposal systems or related water quality projects. The Department may require the maintenance of records relating to the operation of disposal systems. Copies of these records shall be submitted to the Department on request.

(1964, No. 37 (Sp. Sess.), § 7; amended 1981, No. 222 (Adj. Sess.), § 11.)

§ 912 Temporary emergency permits

The Secretary or the Secretary’s designee shall expedite and may authorize temporary emergency permits under this title, pursuant to 3 V.S.A. § 2822(c).

(Added 2003, No. 82 (Adj. Sess.), § 6.)

Subchapter 4 Wetlands Determinations and Protection

§ 913 Prohibition

(a) Except for allowed uses adopted by the Department by rule, no person shall conduct or allow to be conducted an activity in a significant wetland or buffer zone of a significant wetland except in compliance with a permit, conditional use determination, or order issued by the Secretary.

(b) A permit shall not be required under this section for:

(1) any activity that occurred before the effective date of this section unless the activity occurred within:

(A) an area identified as a wetland on the Vermont significant wetlands inventory maps;

(B) a wetland that was contiguous to an area identified as a wetland on the Vermont significant wetlands inventory maps;

(C) the buffer zone of a wetland referred to in subdivision (A) or (B) of this subdivision (1);

(2) any construction within a wetland that is identified on the Vermont significant wetlands inventory maps or within the buffer zone of such a wetland, provided that the construction was completed prior to February 23, 1992, and no action for which a permit is required under the rules of the Department was taken or caused to be taken on or after February 23, 1992.

(Added 2009, No. 31, § 5; amended 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)

§ 914 Wetlands determinations

(a) The Secretary may, upon a petition or on his or her own motion, determine whether any wetland is a Class II or Class III wetland. Such determinations shall be based on an evaluation of the functions and values set forth in subdivision 905b(18)(A) of this title and the rules of the Department.

(b) The Secretary may establish the necessary width of the buffer zone of any Class II wetland as part of any wetland determination pursuant to the rules of the Department.

(c) The provisions of chapter 170 of this title shall apply to issuance of determinations under this section.

(d) [Repealed.]

(e) The Secretary may recommend to the panel that a wetland be classified as a Class I wetland under section 915 of this title.

(Added 2009, No. 31, § 5; amended 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2015, No. 150 (Adj. Sess.), § 9, eff. Jan. 1, 2018.)

§ 915 Class I wetlands

The classification of any wetland as a Class I wetland, the reclassification of a Class I wetland as a Class II or III wetland, the reclassification of any Class II or III wetland as a Class I wetland, or the modification of the buffer zone of a Class I wetland shall be made by the Department pursuant to the rulemaking provisions of 3 V.S.A. chapter 25.

(Added 2009, No. 31, § 5; amended 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)

§ 916 Update of Vermont Significant Wetlands Inventory maps

(a) On or before January 1, 2026, and not less than annually thereafter, the Agency of Natural Resources shall update the Vermont Significant Wetlands Inventory (VSWI) maps. The annual updates to the VSWI shall include integration of georeferenced shapefiles or similar files for all verified delineations performed within the State and submitted to the Agency of Natural Resources as part of a permit application, as well as a wetlands determination issued under section 914 of this title and rulemaking conducted pursuant to section 915 of this title. The VSWI layer shall include integration of any additional town specific inventories of otherwise unmapped wetlands performed by consultants on the Agency’s Wetland Consultant List if the consultant has presented the map to a municipality or the Agency of Natural Resources.

(b) On or before January 1, 2030, the Secretary of Natural Resources shall complete High Quality Wetlands Inventory (NWI) Plus level mapping for all of the tactical basins in the State. The high-quality mapping shall include a ground truthing component, as recommended by the U.S. Fish and Wildlife Service (USFWS). Once all tactical basins are mapped, the Agency shall evaluate the need for NWI Plus level map updates on a five-year cycle, simultaneously with updates to the corresponding tactical basin plan.

(Added 2009, No. 31, § 5; amended 2023, No. 121 (Adj. Sess.), § 14, eff. July 1, 2024.)

§ 917 Appeals

Any act or decision of the Secretary under this subchapter may be appealed in accordance with chapter 220 of this title.

(Added 2009, No. 31, § 5.)

§ 918 Net gain of wetlands; State goal; rulemaking

(a) On or before July 1, 2025, the Secretary of Natural Resources shall amend the Vermont Wetlands Rules pursuant to 3 V.S.A. chapter 25 to clarify that the goal of wetlands regulation and management in the State is the net gain of wetlands to be achieved through protection of existing wetlands and restoration of wetlands that were previously adversely affected. This condition shall not apply to wetland, river, and flood plain restoration projects, including dam removals.

(b) The Vermont Wetlands Rules shall prioritize the protection of existing intact wetlands from adverse effects. Where a permitted activity in a wetland will cause more than 5,000 square feet of adverse effects that cannot be avoided, the Secretary shall mandate that the permit applicant restore, enhance, or create wetlands or buffers to compensate for the adverse effects on a wetland. The amount of wetlands to be restored, enhanced, or created shall be calculated, at a minimum, by determining the acreage or square footage of wetlands permanently drained or filled as a result of the permitted activity and multiplying that acreage or square footage by two, to result in a ratio of 2:1 restoration to wetland loss. Establishment of a buffer zone contiguous to a wetland shall not substitute for the restoration, enhancement, or creation of wetlands. Adverse impacts to wetland buffers shall be compensated for based on the effects of the impact on wetland function.

(c) At a minimum, the Wetlands Rules shall be revised to:

(1) Require an applicant for a wetland permit that authorizes adverse impacts to more than 5,000 square feet of wetlands to compensate for those impacts through restoration, enhancement, or creation of wetland resources.

(2) Incorporate the net gain rule into requirements for permits issued after September 1, 2025.

(3) Establish a set of parameters and restoration ratios applicable to permittee-designed restored wetland restoration projects, including a minimum 2:1 ratio of restoration to loss to compensate for permanently filled or drained wetlands. These parameters shall include consideration of the following factors:

(A) the existing level of wetland function at the site prior to mitigation or restoration of wetlands;

(B) the amount of wetland acreage and wetland function lost as a result of the project;

(C) how the wetland acreage and functions will be restored at the proposed compensation site;

(D) the length of time before the compensation site will be fully functional;

(E) the risk that the compensation project may not succeed;

(F) the differences in the location of the adversely affected wetland and the wetland subject to compensation that affect the services and values offered; and

(G) the requirement that permittees conduct five years of post- restoration monitoring for the restored wetlands, at which time the Agency can decide if further action is needed.

(d) When amending the Vermont Wetlands Rules under this section, the Secretary shall establish a Vermont in-lieu fee (ILF) compensation program for wetlands impacts that may be authorized as compensation for an adverse effect on a wetland when the permittee cannot achieve restoration. The Secretary may implement a Vermont ILF compensation program through agreements with third-party entities such as the U.S. Army Corps of Engineers or environmental organizations, provided that any ILF monetary compensation authorized under the rules shall be expended on restoration, reestablishment, enhancement, or conservation projects within the State at the HUC 8 level of the adversely affected wetland when practicable.

(Added 2023, No. 121 (Adj. Sess.), § 15, eff. July 1, 2024.)

§ 919 Wetlands program reports

(a) On or before April 30, 2025, and annually thereafter, the Secretary of Natural Resources shall submit to the House Committee on Environment and to the Senate Committee on Natural Resources and Energy a report on annual losses and gains of significant wetlands in the State. The report shall include:

(1) the location and acreage of Class II wetland and buffer losses permitted by the Agency in accordance with section 913 of this title, for which construction of the permitted project has commenced;

(2) the acreage of Class II wetlands and buffers gained through permit-related enhancement and restoration;

(3) the number of site visits and technical assistance calls conducted by the Agency of Natural Resources, the number of permits processed by the Agency, and any enforcement actions that were taken by the Agency or the Office of the Attorney General in the previous year for violations of this chapter; and

(4) an updated mitigation summary of the extent of wetlands restored on-site compared with compensation performed off-site, in-lieu fees paid, or conservation.

(b) On or before April 30, 2027, and every five years thereafter, the Agency of Natural Resources shall submit to the House Committee on Environment and to the Senate Committee on Natural Resources and Energy a comprehensive report on the status of wetlands in the State. The report shall include:

(1) an analysis of historical trends of wetlands, including data analyzing the projects for which wetland permits were issued by county and tactical basin;

(2) the results of each NWI Plus Mapping Project, including net acres mapped, dominant vegetative composition, connected tributaries, locations of confirmed ground truthing, if applicable, and any other hydrologic soil or vegetative observations or trends noted; and

(3) relevant updates related to Class I and Class II wetlands to include additional wetlands identified under these categories, their composition and general characteristics, potential threats, patterns of use, and other unique features.

(Added 2023, No. 121 (Adj. Sess.), § 15, eff. July 1, 2024.)

§ 920 Reserved

[Reserved]

Subchapter 5 Water Quality Restoration and Improvement

§ 921 Definitions

As used in this subchapter:

(1) “Administrative cost” means program and project costs incurred by a clean water service provider or a grantee, including costs to conduct procurement, contract preparation, and monitoring, reporting, and invoicing.

(2) “Basin” means a watershed basin designated by the Secretary for use as a planning unit under subsection 1253(d) of this title.

(3) “Best management practice” or “BMP” means a schedule of activities, prohibitions, practices, maintenance procedures, green infrastructure, or other management practices to prevent or reduce water pollution.

(4) “Clean water project” means a best management practice or other program designed to improve water quality to achieve a target established under section 922 of this title that:

(A) is not subject to a permit under chapter 47 of this title, is not subject to the requirements of 6 V.S.A. chapter 215, exceeds the requirements of a permit issued under chapter 47 of this title, or exceeds the requirements of 6 V.S.A chapter 215; and

(B) is within the following activities:

(i) developed lands, sub-jurisdictional practices related to developed lands including municipal separate storm sewers, operational stormwater discharges, municipal roads, and other developed lands discharges;

(ii) natural resource protection and restoration, including river corridor and floodplain restoration and protection, wetland protection and restoration, riparian and lakeshore corridor protection and restoration, and natural woody buffers associated with riparian, lakeshore, and wetland protection and restoration;

(iii) forestry; or

(iv) agriculture.

(5) “Co-benefit” means the additional benefit to local governments and the public provided by or associated with a clean water project, including flood resilience, ecosystem improvement, and local pollution prevention.

(6) “Design life” means the period of time that a clean water project is designed to operate according to its intended purpose.

(7) “Maintenance” means ensuring that a clean water project continues to achieve its designed pollution reduction value for its design life.

(8) “Standard cost” means the projected cost of achieving a pollutant load reduction per unit or per best management practice in a basin.

(Added 2019, No. 76, § 1.)

§ 922 Water quality implementation planning and targets

(a) After listing a water as impaired on the list of waters required by 33 U.S.C. § 1313(d), the Secretary shall include in the implementation plan for the water a strategy for returning the water to compliance with the Vermont Water Quality Standards. With respect to a water that is impaired due to sources outside the State or if there is insufficient data or no data available to quantify reductions required by this subchapter, the Secretary shall not be required to implement the requirements of this subchapter; however, the Secretary shall provide an alternate strategy for attaining water quality standards in the implementation plan for the water. For waters determined to be subject to this subchapter, the Secretary shall include the following in an implementation plan:

(1) An evaluation of whether implementation of existing regulatory programs will achieve water quality standards in the impaired water. If the Secretary determines that existing regulatory programs will not achieve water quality standards, the Secretary shall determine the amount of additional pollutant reduction necessary to achieve water quality standards in that water. When making this determination, the Secretary may express the pollutant reduction in a numeric reduction or through defining a clean water project that must be implemented to achieve water quality standards.

(2) An allocation of the pollutant reduction identified under subdivision (a)(1) of this section to each basin and the clean water service provider assigned to that basin pursuant to subsection 924(a) of this title. When making this allocation, the Secretary shall consider the sectors contributing to the water quality impairment in the impaired water’s boundaries and the contribution of the pollutant from regulated and nonregulated sources within the basin. Those allocations shall be expressed in annual pollution reduction goals and five-year pollution reduction targets as checkpoints to gauge progress and adapt or modify as necessary.

(3) A determination of the standard cost per unit of pollutant reduction. The Secretary shall publish a methodology for determining standard cost pollutant reductions. The standard cost shall include the costs of project identification, project design, and project construction.

(b)(1) The Secretary shall conduct the analysis required by subsection (a) of this section for previously listed waters as follows:

(A) For phosphorous in the Lake Champlain watershed, not later than November 1, 2021.

(B) For phosphorous in the Lake Memphremagog watershed, not later than November 1, 2022.

(2) By not later than November 1, 2023, the Secretary shall adopt a schedule for implementing the requirements of this subchapter in all other previously listed impaired waters, including Lake Carmi, not set forth in subdivision (1) of this subsection.

(c) When implementing the requirements of this section, the Secretary shall follow the type 3 notice process established in section 7714 of this title.

(Added 2019, No. 76, § 1.)

§ 923 Quantification of pollution reduction; clean water projects

(a) After listing a water as impaired on the list of waters required by 33 U.S.C. § 1313(d), the Secretary shall publish a methodology for calculating pollution reduction values associated with a clean water project in that water. When establishing a pollutant reduction value, the Secretary shall consider pollution reduction values established in the TMDL; pollution reduction values established by other jurisdictions; pollution reduction values recommended by organizations that develop pollutant reduction values for a clean water project; applicable monitored data with respect to a clean water project, if available; modeled data, if available; or a comparison to other similar projects or programs if no other data on a pollution reduction value or design life exists. Pollution reduction values established by the Secretary shall be the exclusive method for determining the pollutant reduction value of a clean water project.

(b) After listing a water as impaired on the list of waters required by 33 U.S.C. § 1313(d), the Secretary shall publish a methodology for establishing a design life associated with a clean water project. The design life of a clean water project shall be determined based on a review of values established in other jurisdictions, values recommended by organizations that regularly estimate the design life of clean water projects, actual data documenting the design life of a practice, or a comparison to other similar practices if no other data exists. A design life adopted by the Secretary shall be the exclusive method for determining the design life of a best management practice or other control.

(c)(1) If a person is proposing a clean water project for which no pollution reduction value or design life exists for a listed water, the Secretary shall establish a pollution reduction value or design life for that clean water project within 60 days following a request from the person proposing the clean water project. A pollution reduction value or design life established under this subdivision shall be based on a review of pollution reduction values established in the TMDL; pollution reduction values or design lives established by other jurisdictions; pollution reduction values or design lives recommended by organizations that develop pollutant reduction values or design lives for a clean water project; applicable monitored data with respect to a clean water project, if available; modeled data, if available; actual data documenting the design life of a clean water project; or a comparison to other similar projects or programs if no other data on a pollution reduction value or design life exists. Any estimate developed under this subsection by the Secretary shall be posted on the Agency of Natural Resources’ website.

(2) Upon the request of a clean water service provider, the Secretary shall evaluate a proposed clean water project and issue a determination as to whether the proposed clean water project is eligible to receive funding as a part of a Water Quality Restoration Formula Grant awarded by the State pursuant to section 925 of this title.

(d)(1) The Secretary shall conduct the analysis required by subsections (a) and (b) of this section for clean water projects and design lives related to phosphorous not later than November 1, 2021.

(2) By not later than November 1, 2023, the Secretary shall adopt a schedule for implementing the requirements of subsections (a) and (b) of this section for clean water projects and design lives related to all other impairments not listed under subdivision (1) of this subsection.

(e) The Secretary shall periodically review pollution reduction values and design lives established under this section at least every five years to determine the adequacy or accuracy of a pollution reduction value or design life.

(f)(1) When implementing the requirements of subsections (a) and (b) of this section, the Secretary shall follow the type 3 notice process established in section 7714 of this title.

(2) When implementing the requirements of subsection (c) of this section, the Secretary shall follow the type 4 notice process in section 7715 of this title.

(Added 2019, No. 76, § 1.)

§ 924 Clean water service provider; responsibility for clean water projects

(a) Clean water service providers; establishment.

(1) On or before November 1, 2020, the Secretary shall adopt rules that assign a clean water service provider to each basin in the Lake Champlain and Lake Memphremagog watersheds for the purposes of achieving pollutant reduction values established by the Secretary for the basin and for identification, design, construction, operation, and maintenance of clean water projects within the basin. For all other impaired waters, the Secretary shall assign clean water service provider no later than six months prior to the implementation of the requirements of this subchapter scheduled by the Secretary under subdivision 922(b)(2) of this title. The rulemaking shall be done in consultation with regional planning commissions, natural resource conservation districts, watershed organizations, and municipalities located within each basin.

(2) An entity designated as a clean water service provider shall be required to identify, prioritize, develop, construct, verify, inspect, operate, and maintain clean water projects in accordance with the requirements of this subchapter.

(3) The Secretary shall adopt guidance on a clean water service provider’s obligation with respect to implementation of this chapter. The Secretary shall provide notice to the public of the proposed guidance and a comment period of not less than 30 days. At a minimum, the guidance shall address the following:

(A) how the clean water service provider integrates, prioritizes, and selects projects consistent with the applicable basin plan, including how to account for the co-benefits provided by a project;

(B) minimum requirements with respect to selection and agreements with subgrantees;

(C) requirements associated with the distribution of administrative costs to the clean water service provider and subgrantees;

(D) the Secretary’s assistance to clean water service providers with respect to their maintenance obligations pursuant to subsection (c) of this section; and

(E) the Secretary’s strategy with respect to accountability pursuant to subsection (f) of this section.

(4) In carrying out its duties, a clean water service provider shall adopt guidance for subgrants consistent with the guidance from the Secretary developed pursuant to subdivision (a)(3) of this section that establishes a policy for how the clean water service provider will issue subgrants to other organizations in the basin, giving due consideration to the expertise of those organizations and other requirements for the administration of the grant program. The subgrant guidance shall include how the clean water service provider will allocate administrative costs to subgrantees for project implementation and for the administrative costs of the basin water quality council. The subgrant guidance shall be subject to the approval of the Secretary and basin water quality council.

(5) When selecting clean water projects for implementation or funding, a clean water service provider shall prioritize projects identified in the basin plan for the area where the project is located and shall consider the pollutant targets provided by the Secretary and the recommendations of the basin water quality council.

(b) Project identification, prioritization, selection. When identifying, prioritizing, and selecting a clean water project to meet a pollutant reduction value, the clean water service provider shall consider the pollution reduction value associated with the clean water project, the co-benefits provided by the project, operation, and maintenance of the project, conformance with the tactical basin plan, and other water quality benefits beyond pollution reduction associated with that clean water project. All selected projects shall be entered into the watershed projects database.

(c) Maintenance responsibility. A clean water service provider shall be responsible for maintaining a clean water project or ensuring the maintenance for at least the design life of that clean water project. The Secretary shall provide funding for maintenance consistent with subdivision 1389(e)(1)(A) of this title.

(d) Water quality improvement work. If a clean water service provider achieves a greater level of pollutant reduction than a pollutant reduction goal or five-year target established by the Secretary, the clean water service provider may carry those reductions forward into a future year. If a clean water service provider achieves its pollutant reduction goal or five-year target and has excess grant funding available, a clean water service provider may:

(1) carry those funds forward into the next program year;

(2) use those funds for other eligible projects;

(3) use those funds for operation and maintenance responsibilities for existing constructed projects;

(4) use those funds for projects within the basin that are required by federal or State law; or

(5) use those funds for other work that improves water quality within the geographic area of the basin, including protecting river corridors, aquatic species passage, and other similar projects.

(e) Reporting. A clean water service provider shall report annually to the Secretary. The report from clean water service providers shall be integrated into the annual clean water investment report, including outcomes from the work performed by clean water service providers. The report shall contain the following:

(1) a summary of all clean water projects completed that year in the basin;

(2) a summary of any inspections of previously implemented clean water projects and whether those clean water projects continue to operate in accordance with their design;

(3) all administrative costs incurred by the clean water service provider;

(4) a list of all of the subgrants awarded by the clean water service provider in the basin; and

(5) all data necessary for the Secretary to determine the pollutant reduction achieved by the clean water service provider during the prior year.

(f) Accountability for pollution reduction goals. If a clean water service provider fails to meet its allocated pollution reduction goals or its five-year target or fails to maintain previously implemented clean water projects, the Secretary shall take appropriate steps to hold the clean water service provider accountable for the failure to meet pollution reduction goals or its five-year target. The Secretary may take the following steps:

(1) include in grant agreements with the clean water service provider requirements, benchmarks, conditions, or penalty provisions to provide for ongoing accountability;

(2) enter a plan to ensure that the clean water service provider meets current and future year pollution reduction goals and five-year targets; or

(3) initiate rulemaking to designate an alternate clean water service provider as accountable for the basin.

(g) Basin water quality council.

(1) A clean water service provider designated under this section shall establish a basin water quality council for each assigned basin. The purpose of a basin water quality council is to establish policy and make decisions for the clean water service provider regarding the most significant water quality impairments that exist in the basin and prioritizing the projects that will address those impairments based on the basin plan. A basin water quality council shall also participate in the basin planning process.

(2) A basin water quality council shall include, at a minimum, the following:

(A) two persons representing natural resource conservation districts in that basin, selected by the applicable natural resource conservation districts;

(B) two persons representing regional planning commissions in that basin, selected by the applicable regional planning commission;

(C) two persons representing local watershed protection organizations operating in that basin, selected by the applicable watershed protection organizations;

(D) one representative from an applicable local or statewide land conservation organization selected by the conservation organization in consultation with the clean water service provider; and

(E) two persons representing municipalities within the basin, selected by the clean water service provider in consultation with municipalities in the basin.

(3) The designated clean water service provider and the Agency of Natural Resources shall provide technical staff support to the basin water quality council. The clean water service provider may invite support from persons with specialized expertise to address matters before a basin water quality council, including support from the University of Vermont Extension, staff of the Agency of Natural Resources, staff of the Agency of Agriculture, Food and Markets, staff of the Agency of Transportation, staff from the Agency of Commerce and Community Development, the Natural Resource Conservation Service, U.S. Department of Fish and Wildlife, and U.S. Forest Service.

(Added 2019, No. 76, § 1.)

§ 925 Clean water service provider; Water Quality Restoration Formula Grant Program

The Secretary shall administer a Water Quality Restoration Formula Grant Program to award grants to clean water service providers to meet the pollutant reduction requirements under this subchapter. The grant amount shall be based on the annual pollutant reduction goal established for the clean water service provider multiplied by the standard cost for pollutant reduction including the costs of administration and reporting. Not more than 15 percent of the total grant amount awarded to a clean water service provider shall be used for administrative costs.

(Added 2019, No. 76, § 1.)

§ 926 Water Quality Enhancement Grant Program

The Secretary shall administer a Water Quality Enhancement Grant Program. This program shall be a competitive grant program to fund projects that protect high quality waters, maintain or improve water quality in all waters, restore degraded or stressed waters, create resilient watersheds and communities, and support the public’s use and enjoyment of the State’s waters. When making awards under this program, the Secretary shall consider the geographic distribution of these funds. Not more than 15 percent of the total grant amount awarded shall be used for administrative costs.

(Added 2019, No. 76, § 1.)

§ 927 Developed Lands Implementation Program

The Secretary shall administer a Developed Lands Implementation Program to provide financial assistance to persons who are required to obtain a permit to implement regulatory requirements that are necessary to achieve water quality standards. This program shall fund or provide financing for projects related to the permitting of impervious surface of three acres or more under subdivision 1264(g)(3) of this title and for a permit renewal under subdivision 1264(h)(2) of this title for a discharge to a stormwater-impaired water that was permitted under an individual permit or a general permit that did not incorporate the requirements of the 2002 Stormwater Management Manual or any subsequently adopted Stormwater Management Manual. Not more than 15 percent of the total grant amount awarded shall be used for administrative costs.

(Added 2019, No. 76, § 1; amended 2025, No. 37, § 6, eff. July 1, 2025.)

§ 928 Municipal Stormwater Implementation Program

The Secretary shall administer a Municipal Stormwater Implementation Program to provide financial assistance to any municipality required under section 1264 of this title to obtain or seek coverage under the municipal roads general permit, the municipal separate storm sewer systems permit, a permit for impervious surface of three acres or more, or a permit required by the Secretary to reduce the adverse impacts to water quality of a discharge or stormwater runoff. Not more than 15 percent of the total grant amount awarded shall be used for administrative costs. This program also shall be available to a municipality to comply with a permit for impervious surface of three acres or more for a residential subdivision when the municipality assumes or has assumed full legal responsibility for the stormwater system of the residential subdivision under subdivision 1264(c)(7) of this title. Municipalities may receive assistance under this program for design or engineering services necessary for the formation of a municipal stormwater utility.

(Added 2019, No. 76, § 1; amended 2025, No. 37, § 6, eff. July 1, 2025.)

§ 929 Clean water project technical assistance

The Secretary shall provide technical assistance upon the request of any person who, under this chapter, receives a grant or is a subgrantee of funds to implement a clean water project.

(Added 2019, No. 76, § 1.)

§ 930 Rulemaking

The Secretary may adopt rules to implement the requirements of this subchapter.

(Added 2019, No. 76, § 1.)

Chapter 39 Watershed Protection and Flood Prevention

§ 951 Flood prevention, powers of Governor

The Governor may employ such expert assistance as he or she deems advisable for the purpose of devising ways and means of averting and mitigating damage by floods, and may disseminate such practical information as he or she may obtain thereby.

§ 952 Federal flood control program; natural resources conservation districts as sponsoring agencies

(a) The natural resources conservation districts may act as local sponsoring agencies under the provisions of Public Law 83-566, for carrying out programs for flood control, stream bank protection, and channel improvements, as well as land treatment and drainage, subject to review and approval by the Department of Environmental Conservation of all plans for projects that affect stream flow.

(b) A municipality, when authorized by a majority of the voters voting at a meeting warned and held for that purpose, may purchase, or acquire by gift, title to land within the State for the purpose of constructing, maintaining, and operating improvements for flood prevention or conserving, developing, using, and disposing of water under Public Law 83-566, and may pay 100 percent or less of the nonfederal costs thereof.

(Amended 1961, No. 100, § 2(b); 1963, No. 111; 1961, No. 79, § 1(b), eff. May 7, 1963; 1966, No. 27 (Sp. Sess.), § 1, eff. March 12, 1966; 1967, No. 303 (Adj. Sess.), § 15(b), eff. March 22, 1968; 1981, No. 222 (Adj. Sess.), § 14; 1987, No. 76, § 18.)

§ 953 Flood prevention contracts under federal programs

In addition to its powers and duties under chapters 37 and 43 of this title, the Department of Environmental Conservation, when requested by local agencies, and acting alone or with other State or local agencies, with the approval of the Governor, may contract in the name of the State for constructing, maintaining, and operating improvements for flood prevention or conserving, developing, using, and disposing of water under Public Law 83-566. The Department of Environmental Conservation may also give technical or other assistance to natural resources conservation districts and other local sponsoring agencies in carrying out their responsibilities under section 4 of Public Law 83-566. The Commissioner of Environmental Conservation may also acquire real and personal property, including property held for public use, by gift, purchase, lease, or eminent domain, in connection with constructing or carrying out projects under Public Law 83-566.

(Amended 1961, No. 100, § 2; 1966, No. 27 (Sp. Sess.), § 2, eff. March 12, 1966; 1967, No. 303 (Adj. Sess.), § 15(b), eff. March 22, 1968; 1981, No. 222 (Adj. Sess.), § 15; 1987, No. 76, § 18.)

§ 954 Operation and maintenance of flood prevention structures

The Department of Environmental Conservation may operate and maintain structures constructed under section 953 of this title or may provide for their operation and maintenance through contracts with natural resources conservation districts or other local organizations.

(Amended 1961, No. 100, § 2; 1963, No. 79, § 1(b), eff. May 7, 1963; 1967, No. 303 (Adj. Sess.), § 15(b), eff. March 22, 1968; 1981, No. 222 (Adj. Sess.), § 16; 1987, No. 76, § 18.)

§ 955 Apportionment of State funds

The Department of Environmental Conservation may apportion among districts or agencies State funds available for maintenance and operation. Apportionment of State funds for this purpose by the Department shall be final.

(Amended 1961, No. 100, § 2; 1981, No. 222 (Adj. Sess.), § 17; 1987, No. 76, § 18.)

§ 956 Personnel

The Department of Environmental Conservation may, with the approval of the Governor, employ personnel necessary in the performance of its duties and the exercise of its powers under this chapter.

(Amended 1961, No. 100, § 2; 1981, No. 222 (Adj. Sess.), § 18; 1987, No. 76, § 18.)

§ 957 State contributions authorized

The Department of Environmental Conservation may pay 100 percent or less of the nonfederal costs of projects under Public Law 83-566 for the following purposes:

(1) Flood prevention.

(2) Public recreation or fish and wildlife development.

(3) Storage for stream flow augmentation for multiple purposes.

(1966, No. 27 (Sp. Sess.), § 3, eff. March 12, 1966; amended 1981, No. 222 (Adj. Sess.), § 19; 1987, No. 76, § 18.)

§ 958 Eminent domain; determining necessity

(a) The Commissioner of Environmental Conservation may file a complaint in the Civil Division of the Superior Court for any county in which a portion of the real estate lies to determine that necessity requires that the State acquire real estate within the State, including real estate held for public use in the name of the State or any municipality, for the purpose of flood control projects.

(b) “Necessity” means a reasonable need that considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. It shall not be measured merely by expense or convenience to the condemning party. Due consideration shall be given to the following factors:

(1) The adequacy of other property and locations.

(2) The quantity, kind, and extent of cultivated and agricultural land that may be made unfit for use by the proposed taking. In this connection, the effect on long-range agricultural land use as well as the immediate effect shall be considered.

(3) The effect of the taking upon home and homestead rights and the convenience of the owner of the land.

(4) The effect of the taking upon scenic and recreational values in the areas involved.

(5) The effect upon town grand lists and revenues.

(6) The effect upon fish and wildlife, forests and forest programs, the natural flow of water and the streams both above and below any proposed structure, upon hazards to navigation, fishing, and bathing, and upon other public uses.

(7) Whether the cutting clean and removal of all timber and tree growth from all or any part of any flowage area involved is reasonably required.

(c) The complaint, the service thereof and the proceedings in relation thereto, including rights of appeal, shall conform with and be controlled by 19 V.S.A. chapter 5.

(Added 1966, No. 27 (Sp. Sess.), § 4, eff. March 12, 1966; amended 1981, No. 222 (Adj. Sess.), § 20; 1987, No. 76, § 18; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 126 (Adj. Sess.), § 6.)

§ 959 Repealed

[Repealed]

2011, No. 126 (Adj. Sess.), § 5.

§ 960 Entry authorized

The Commissioner of Environmental Conservation or his or her authorized agents may enter upon any real estate at reasonable times and places for the purpose of making surveys or other investigations under this section, subsection 952(b) and sections 953, 957-958, and 961 of this title. The owners of damaged real estate may recover for damages sustained by reason of the preliminary entry authorized by this section in an action at law against the Commissioner.

(Added 1966, No. 27 (Sp. Sess.), § 6, eff. March 12, 1966; amended 1981, No. 222 (Adj. Sess.), § 22; 1987, No. 76, § 18; 2011, No. 126 (Adj. Sess.), § 6.)

§ 961 Construction contracts administered

A sponsoring organization that enters into a project under section 952 of this title may administer construction contracts pertaining to the project, except that the Commissioner of Environmental Conservation may administer those contracts if State funds are involved in the project.

(1966, No. 27 (Sp. Sess.), § 7, eff. March 12, 1966; amended 1981, No. 222 (Adj. Sess.), § 23; 1987, No. 76, § 18.)

Chapter 41 Regulation of Stream Flow

Subchapter 1 General Provisions

§ 1001 Purpose

The Department of Environmental Conservation is created to administer the water conservation policy of this State. It is in the public interest that the waters of the State shall be protected, regulated, and where necessary controlled under the authority of the State. The proper administration of the water resources now and for the future require careful consideration of the interruption of the natural flow of water in our watercourses resulting from the construction of new, and the operation of existing dams, diversion, and other control structures. This subchapter is intended to identify this need, to provide a means for the investigation of the cause and effect of intermittent or diverted flow, and for the consideration of corrective actions required to assure as nearly continuous flow of waters in the natural watercourses as may be possible consistent with reasonable use of riparian rights.

(1965, No. 37, § 1; amended 1981, No. 222 (Adj. Sess.), § 24; 1987, No. 76, § 18.)

§ 1002 Definitions

As used in this chapter:

(1) “Artificial regulation of stream flow” means the intermittent or periodic manipulation of water levels and the intermittent or periodic regulation of discharge of water into the stream below the dam.

(2) “Banks” means that land area immediately adjacent to the bed of the stream, which is essential in maintaining the integrity thereof.

(3) “Basin” means the third-level, six-digit unit of the hydrologic unit hierarchy as defined by the U.S. Geological Survey (USGS), Federal Standards and Procedures for the National Watershed Boundary Dataset, Chapter 3 of Section A, Book 11. “Basin” is also referred to as “Hydrologic Unit Code 6” or “HUC-6”.

(4) “Bed” means the maximum area covered by waters of the stream for not less than 15 consecutive days in one year.

(5) “Berm” means a linear fill of earthen material on or adjacent to the bank of a watercourse that constrains waters from entering a flood hazard area or river corridor, as those terms are defined in subdivisions 752(3) and (11) of this title.

(6) “Board” means the Land Use Review Board.

(7) “Capacity” means the maximum volume of water capable of being withdrawn by the water withdrawal system.

(8) “Cross section” means the entire channel to the top of the banks.

(9) “Dam” applies to any artificial structure on a stream, or at the outlet of a pond or lake, that is utilized for holding back water by ponding or storage together with any penstock, flume, piping, or other facility for transmitting water downstream to a point of discharge, or for diverting water from the natural watercourse to another point for utilization or storage.

(10) “Department” means the Department of Environmental Conservation.

(11) “Existing surface withdrawal” means a surface water withdrawal that exists prior to January 1, 2023.

(12) “Frequency” means how often water will be withdrawn from a surface water over a period of time.

(13) “Instream material” means:

(A) all gradations of sediment from silt to boulders;

(B) ledge rock; or

(C) large woody debris in the bed of a watercourse or within the banks of a watercourse.

(14) “Interbasin transfer” means the conveyance of surface water withdrawn from a basin for use in another basin.

(15) “Large woody debris” means any piece of wood within a watercourse with a diameter of 10 or more inches and a length of 10 or more feet that is detached from the soil where it grew.

(16) “Person” means any individual; partnership; company; corporation; association; unincorporated association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity.

(17) “Rate of withdrawal” means the volume of surface water that is withdrawn over a period of time, as reported in gallons per minute.

(18) “Reasonable and feasible” means available and capable of being implemented after consideration of cost, existing technology, logistics in light of the overall project purpose, environmental impact, and ability to obtain all necessary approvals for implementation.

(19) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative.

(20) “Surface water” means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, and all bodies of surface waters that are contained within, flow through, or border upon the State or any portion of it. “Surface water” does not include the following:

(A) groundwater as defined in section 1391 of this title;

(B) artificial waterbodies as defined under section 29A-101(d) of the Vermont Water Quality Standards;

(C) treatment ponds, lagoons, or wetlands created solely to meet the requirements of a permit issued for a discharge; and

(D) constructed off-stream farm ponds or other off-stream impoundments that are used for irrigation for farming or watering of livestock.

(21) “Vermont Water Quality Standards” means the standards adopted pursuant to chapter 47 and subsection 6025(b) of this title.

(22) “Watercourse” means any perennial stream. “Watercourse” does not include ditches or other constructed channels primarily associated with land drainage or water conveyance through or around private or public infrastructure.

(23) “Watershed” means a region containing waters that drain into a particular brook, stream, river, or other body of water.

(24) “Withdrawal” means the intentional diversion from a surface water by pumping, gravity, or other method for the purpose of being used for irrigation, industrial uses, snowmaking, livestock watering, water supply, aquaculture, or other off-stream uses. “Withdrawal” does not include hydroelectric projects that are regulated by the Federal Energy Regulatory Commission or the Public Utility Commission. “Withdrawal” does not include direct consumption of surface water by livestock.

(Added 1965, No. 37, § 2; amended 1975, No. 150 (Adj. Sess.), § 1; 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 9, eff. April 27, 1984; 1987, No. 67, § 10; 1987, No. 76, § 18; 1997, No. 106 (Adj. Sess.), § 1, eff. April 27, 1998; 2003, No. 115 (Adj. Sess.), § 18, eff. Jan. 31, 2005; 2009, No. 110 (Adj. Sess.), § 13, eff. March 31, 2011; 2011, No. 138 (Adj. Sess.), § 2, eff. May 14, 2012; 2021, No. 135 (Adj. Sess.), § 1, eff. July 1, 2022.)

§ 1003 Conference; recommendations

Whenever, in the opinion of the Department, it appears that the artificial regulation of stream flow as maintained by any person threatens the public interest or welfare or an emergency exists or is threatened, the Department may call to conference the owner or owners of the dam causing the artificial regulation and other persons having an interest therein, for the purpose of seeking cooperation in altered regulation to minimize damage to the public interest under the policy of this chapter. As a result of the conference, the Department may require action be taken by the person owning the dam with respect to the release of water as it may consider necessary and proper in the public interest, and shall issue findings of fact developed at the conference. For dams or diversions not licensed under 16 U.S.C. § 800, existing permits may be amended where those permits do not contain conditions with respect to minimum stream flow. For federally licensed facilities, the Secretary may negotiate the modification of stream flow, and if the Secretary’s recommendations are not agreed to, the Secretary may petition the Federal Energy Regulatory Commission (FERC) for license amendments.

(Added 1965, No. 37, § 3; amended 1981, No. 222 (Adj. Sess.), § 24; 1987, No. 67, § 11.)

§ 1004 State’s agent

The Secretary shall be the agent to coordinate the State interest before the Federal Energy Regulatory Commission in all matters involving water quality and regulation or control of natural stream flow through the use of dams situated on streams within the boundaries of the State, and it shall advise the Federal Energy Regulatory Commission of the amount of flow considered necessary in each stream under consideration. The Agency of Natural Resources shall be the certifying agency of the State for purposes of Section 401 of the federal Clean Water Act and the Secretary’s determinations on these certifications shall be final action by the Secretary appealable to the Environmental Division. The Secretary shall be the agent of the State and shall represent the State’s interest under the provisions of the Federal Power Act, including those that protect State-designated outstanding resource waters. However, the Secretary’s authority shall not infringe upon the powers and duties of the Public Utility Commission or the relations of that Commission to the Federal Energy Regulatory Commission as set forth in the Federal Power Act respecting water used for the development of hydroelectric power or projects incident to the generation of electric energy for public use as part of a public utility system.

(Added 1965, No. 37, § 4; amended 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 3, eff. April 27, 1984; 1987, No. 67, § 12; 1987, No. 76, § 18; 1991, No. 81, § 1; 2003, No. 115 (Adj. Sess.), § 19, eff. Jan. 31, 2005.)

§ 1005 Repealed

[Repealed]

1991, No. 174 (Adj. Sess.), § 2, eff. May 15, 1997.

§ 1005a Agency of Natural Resources; hydroelectric escrow fund

(a) The Secretary of Natural Resources, with the approval of the Secretary of Administration, shall have the authority to enter into one or more written contracts with persons or entities to fund certifications under Section 401 of the federal Clean Water Act and State reviews and comments on Federal Energy Regulatory Commission (FERC) hydroelectric licensing as undertaken by or at the direction of the Agency of Natural Resources as the State’s agent under section 1004 of this title. Funding provided under this section for such studies shall not exceed $300,000.00 in the aggregate in any fiscal year. Such contracts shall establish mutually agreed upon study budgets, provide a means for tracking costs as they are incurred by the Agency in conducting the studies, establish a procedure for rendering periodic billings to the persons or entities contracting with the Agency for the payment of such costs, and provide for an annual accounting of all such expenditures through the annual State budget process. The term of any such contract may not exceed three years. The Agency of Natural Resources may enter into one or more contracts with more than one person or entity providing for payment of such costs through an agent, provided such agent is mutually agreed upon by the participating persons or entities and the Agency.

(b) All payments made to the Agency under such contracts shall be deposited into a special escrow fund created by the persons or entities with whom the Agency has contracted, to be known as the Hydroelectric Licensing Fund. All unencumbered balances in the Fund at the end of any fiscal year shall revert to the persons or entities contracted with on a prorated basis. Disbursements from the Fund shall be made to the Agency of Natural Resources to support those programs of the Agency of Natural Resources incurring the costs of conducting the studies.

(Added 1997, No. 59, § 39a, eff. June 30, 1997.)

§ 1006 Certification of hydroelectric projects; application process

(a) As used in this section:

(1) “Bypass reach” means that area in a waterway between the initial point where water has been diverted through turbines or other mechanical means for the purpose of water-powered generation of electricity and the point at which water is released into the waterway below the turbines or other mechanical means of electricity generation.

(2) “Conduit” means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar constructed water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.

(3) “Hydroelectric project” means a facility, site, or conduit planned or operated for the generation of water-powered electricity that has a generation capacity of no more than 1 megawatt and does not create a new impoundment.

(4) “Impoundment” means “riverine impoundment” as defined in the Vermont water quality standards adopted pursuant to chapter 47 and subdivision 6025(d)(3) of this title.

(b) On or before December 15, 2009, the Agency of Natural Resources, after opportunity for public review and comment, shall adopt by procedure an application process for the certification of hydroelectric projects in Vermont under Section 401 of the federal Clean Water Act.

(c) The application process adopted by the Agency of Natural Resources under subsection (b) of this section may include an application form for a federal Clean Water Act Section 401 certification for a hydroelectric project that meets the requirements of the Vermont water pollution control permit rules. The application form may require information addressing:

(1) a description of the proposed hydroelectric project and the impact of the project on the watershed;

(2) the preliminary terms and conditions that an applicant shall be subject to if a federal Clean Water Act Section 401 certification is issued for a proposed hydroelectric project; and

(3) time frames for the Agency of Natural Resources review of and response to an application for a federal Clean Water Act Section 401 certification of a hydroelectric project.

(d) In adopting the Clean Water Act Section 401 certification application process required by subsection (b) of this section, the Agency may, consistent with its authority to waive certifications under 33 U.S.C. § 1341(a)(1), adopt an expedited certification process for:

(1) hydroelectric projects when data provided by an applicant provide reasonable assurance that the project will comply with the State water quality standards;

(2) hydroelectric projects utilizing conduits; hydroelectric projects without a bypass reach; and hydroelectric projects with a de minimis bypass reach, as defined by the Agency of Natural Resources; and

(3) previously certified hydroelectric projects operating in compliance with the terms of a Clean Water Act Section 401 certification as demonstrated by existing administrative, monitoring, reporting, or enforcement data.

(Added 2009, No. 54, § 39, eff. June 1, 2009.)

Subchapter 2 Alteration of Streams

§ 1021 Alteration prohibited; exceptions

(a) A person shall not change, alter, or modify the course, current, or cross section of any watercourse or of designated outstanding resource waters, within or along the boundaries of this State either by movement, fill, or excavation of ten cubic yards or more of instream material in any year, unless authorized by the Secretary. A person shall not establish or construct a berm in a flood hazard area or river corridor, as those terms are defined in subdivisions 752(3) and (11) of this title, unless permitted by the Secretary or constructed as an emergency protective measure under subsection (b) of this section.

(b) The requirements of subsection (a) of this section shall not apply to emergency protective measures necessary to preserve life or to prevent severe imminent damage to public or private property, or both. The protective measures shall:

(1) be limited to the minimum amount necessary to remove imminent threats to life or property;

(2) have prior approval from a member of the municipal legislative body;

(3) be reported to the Secretary by the legislative body within 24 hours after the onset of the emergency; and

(4) be implemented in a manner consistent with the general permit adopted under section 1027 of this title regarding stream alteration during emergencies.

(c) No person shall remove gravel from any watercourse primarily for construction or for sale.

(d) Notwithstanding subsection (c) of this section, a riparian owner may remove up to 50 cubic yards of gravel per year from that portion of a watercourse running through or bordering on the owner’s property, provided:

(1) the material shall be removed only for the owner’s use on the owner’s property;

(2) the material removed shall be above the waterline;

(3) at least 72 hours prior to the removal of 10 cubic yards, or more, the landowner shall notify the Secretary;

(4) however, if the portion of the watercourse in question has been designated as outstanding resource waters, then the riparian owner may so remove no more than 10 cubic yards of gravel per year, and must notify the Secretary at least 72 hours prior to the removal of any gravel.

(e) This subchapter does not apply to dams subject to chapter 43 of this title nor to highways or bridges subject to 19 V.S.A. § 10(12).

(f) This subchapter shall not apply to:

(1) accepted silvicultural practices, as defined by the Commissioner of Forests, Parks, and Recreation, including practices which are in compliance with the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the Commissioner of Forests, Parks, and Recreation; or

(2) a farm that is implementing an approved U.S. Department of Agriculture Natural Resource Conservation Service streambank stabilization project or a streambank stabilization project approved by the Secretary of Agriculture, Food and Markets that is consistent with policies adopted by the Secretary of Natural Resources to reduce fluvial erosion hazards.

(g) Nothing in this chapter shall prohibit, in the normal use of land, the fording of or access to a watercourse by a person with the right or privilege to use the land.

(h)(1) Notwithstanding any other provisions of this section, recreational mineral prospectors:

(A) shall not operate suction dredges in any watercourse;

(B) may operate sluice boxes in any watercourse, provided:

(i) a request for approval to conduct mineral prospecting shall be filed with and approved by the Secretary; and

(ii) mineral prospecting shall not be conducted on private land without landowner permission, or on State land without permission from the Secretary.

(2) Hand panning prospecting techniques shall be exempt from this subchapter.

(Added 1965, No. 111, § 1, eff. June 22, 1965; amended 1969, No. 281 (Adj. Sess.), § 6; 1975, No. 150 (Adj. Sess.), § 2; 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 4, eff. April 27, 1984; 1987, No. 67, § 4; 1997, No. 106 (Adj. Sess.), § 2, eff. April 27, 1998; 1999, No. 156 (Adj. Sess.), § 32, eff. May 29, 2000; 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 110 (Adj. Sess.), § 14, eff. March 31, 2011; 2011, No. 138 (Adj. Sess.), § 3, eff. March 1, 2013; 2015, No. 64, § 22.)

§ 1022 Application for alteration

A person proposing to change, alter, or modify the course, current, or cross section of a watercourse shall apply in writing to the Secretary for a permit to do so. The application shall describe the location and purpose of the proposed change and shall be accompanied by the maps and plans and other information the Secretary shall direct. When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title and the requirements of this subchapter.

(Added 1965, No. 111, § 2, eff. June 22, 1965; amended 1969, No. 281 (Adj. Sess.), § 7; 1975, No. 150 (Adj. Sess.), § 3; 1979, No. 159 (Adj. Sess.), § 12; 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 5, eff. April 27, 1984; 1987, No. 67, § 5; 2015, No. 150 (Adj. Sess.), § 10, eff. Jan. 1, 2018.)

§ 1023 Investigation, permit

(a) Upon receipt of an application, the Secretary shall cause an investigation of the proposed change to be made. Prior to making a decision, a written report shall be made by the Secretary concerning the effect of the proposed change on the watercourse. The permit shall be granted, subject to such conditions determined to be warranted, if it appears that the change:

(1) will not adversely affect the public safety by increasing flood or fluvial erosion hazards;

(2) will not significantly damage fish life or wildlife;

(3) will not significantly damage the rights of riparian owners; and

(4) in case of any waters designated by the Secretary as outstanding resource waters, will not adversely affect the values sought to be protected by designation.

(b) The reasons for the action taken under this section shall be set forth in writing to the applicant.

(c) If the local legislative body and planning commission determine in writing by majority vote of each that instream material in a watercourse is threatening life or property, due to increased potential for flooding, and that the removal of instream material is necessary to prevent the threat to life or property, and if a complete permit application has been submitted to the Secretary, requesting authority to remove instream material in the minimum amount necessary to remove threats to life or property, the local legislative body and the planning commission may request an expedited review of the complete permit application by notifying the Secretary and providing copies of their respective decisions. If the Secretary fails to approve or deny the application within 45 calendar days of receipt of notice of the decisions, the application shall be deemed approved and a permit shall be deemed to have been granted. Instream material removed shall be used only for public purposes, and cannot be sold, traded, or bartered. The fact that an application for a permit has been filed under this subsection shall not limit the ability to take emergency measures under subsection 1021(b) of this title. For the purposes of section 1024 of this title, if a permit has been deemed to have been granted under this subsection, that permit shall constitute a decision of the Secretary.

(d)(1) The Secretary shall conduct training programs or seminars regarding how to conduct stream alteration, water quality review, stormwater discharge, fish and wildlife habitat preservation, and wastewater discharge activities necessary during:

(A) a state of emergency declared under 20 V.S.A. chapter 1;

(B) flooding; or

(C) other emergency conditions that pose an imminent risk to life or a risk of damage to public or private property.

(2) The Secretary shall make the training programs or seminars available to Agency employees in an Agency division other than the watershed management division, employees of other State and federal agencies, regional planning commission members and employees, municipal officers and employees, and State, municipal, and private contractors.

(e) The Secretary is authorized to enter into reciprocal mutual aid agreements or compacts with other states to assist the Secretary and the State in addressing watershed, river management, and transportation system issues that arise when a state of emergency is declared under 20 V.S.A. chapter 1.

(Added 1965, No. 111, § 3, eff. June 22, 1965; amended 1969, No. 281 (Adj. Sess.), § 8; 1975, No. 150 (Adj. Sess.), § 4; 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 6, eff. April 27, 1984; 1987, No. 67, § 6; 1999, No. 114 (Adj. Sess.), § 1, eff. May 19, 2000; 2011, No. 138 (Adj. Sess.), § 4, eff. May 14, 2012; 2013, No. 161 (Adj. Sess.), § 72; 2015, No. 150 (Adj. Sess.), § 11, eff. Jan. 1, 2018.)

§ 1024 Appeals

Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title.

(Added 1965, No. 111, § 4, eff. June 22, 1965; amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1975, No. 150 (Adj. Sess.), § 5; 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 7, eff. April 27, 1984; 1987, No. 67, § 7; 1991, No. 81, § 2; 1997, No. 161 (Adj. Sess.), § 9, eff. Jan. 1, 1998; 2001, No. 94 (Adj. Sess.), § 2; 2003, No. 115 (Adj. Sess.), § 20, eff. Jan. 31, 2005.)

§ 1025 Penalty

(a) A prosecution under this subsection may be commenced in the Superior Court of the county in which the alleged violation occurred. A person who violates a provision of this subchapter may be fined not more than $10,000.00. Each violation may be a separate offense upon commission. In the case of a continuing violation, each day’s continuance thereof may be deemed a separate offense, starting from the day the violator is served with notice of the violation. The service shall be by hand or by certified mail, return receipt requested.

(b) For a violation of this subchapter, the Secretary may order restoration, and the responsible party or parties will bear the cost of restoration. Restoration will be under the supervision of the Secretary and will be deemed satisfactory only after receiving the approval of the Secretary.

(Added 1965, No. 111, § 5, eff. June 22, 1965; amended 1969, No. 281 (Adj. Sess.), § 9; 1975, No. 150 (Adj. Sess.), § 6; 1981, No. 222 (Adj. Sess.), § 24; 1987, No. 67, § 8.)

§ 1026 Repealed

[Repealed]

1989, No. 98, § 4(b).

§ 1027 Rulemaking; emergency permit

(a) The Secretary may adopt rules to implement the requirements of this subchapter.

(b) The Secretary shall adopt rules regarding the permitting of stream alteration activities under this subchapter during a state of emergency declared under 20 V.S.A. chapter 1 or during flooding or other emergency conditions that pose an imminent risk to life or a risk of damage to public or private property. Any rule adopted under this subsection shall comply with National Flood Insurance Program requirements. A rule adopted under this subsection shall include a requirement that an activity receive an individual stream alteration emergency permit or receive coverage under a general stream alteration emergency permit.

(1) A rule adopted under this subsection shall establish:

(A) criteria for coverage under an individual permit and criteria for coverage under a general emergency permit;

(B) criteria for different categories of activities covered under a general emergency permit, including emergency protective measures under subsection 1021(b) of this title;

(C) requirements for public notification of permitted activities, including notification after initiation or completion of a permitted activity;

(D) requirements for coordination with State and municipal authorities; and

(E) requirements that the Secretary document permitted activity, including, at a minimum, requirements for documenting permit terms, documenting permit duration, and documenting the nature of an activity when the rules authorize notification of the Secretary after initiation or completion of the activity.

(2) A rule adopted under this section may:

(A) establish reporting requirements for categories of activities;

(B) authorize an activity that does not require reporting to the Secretary; or

(C) authorize an activity that requires reporting to the Secretary after initiation or completion of an activity.

(Added 2011, No. 138 (Adj. Sess.), § 5, eff. May 14, 2012.)

Subchapter 3 Water Withdrawal for Snowmaking

§ 1031 Policy on water withdrawal for snowmaking

(a) This subchapter is intended to establish a policy for snowmaking that supports and is consistent with section 1001 of this title and with chapter 47 of this title, including the water quality standards.

(b) This policy established under this subchapter is to:

(1) assure the protection, maintenance, and restoration of the chemical, physical, and biological water quality, including water quantity, necessary to sustain aquatic communities and stream functions;

(2) help to provide for and enhance the viability of Vermont’s ski industry, which uses certain of the State’s waters for snowmaking;

(3) permit water withdrawals, diversions, impoundments, and the construction of appurtenant facilities for snowmaking, based on an analysis of the need for water and a consideration of alternatives, consistent with this policy and other applicable laws and rules;

(4) recognize that existing users of the State’s waters for snowmaking, which may have an adverse effect on water quality, should have time and opportunity to improve water quality.

(Added 1995, No. 15, § 1.)

§ 1032 Rulemaking on snowmaking withdrawals

The Secretary shall adopt rules to determine conservation flow standards for snowmaking, to be used in relevant Agency of Natural Resources regulatory processes governing water withdrawals, diversions, impoundments, and the construction of appurtenant facilities, and to be used in developing positions to be asserted by the Agency in other State regulatory processes governing conservation flows for snowmaking. These rules shall not supersede water quality standards adopted by the Secretary pursuant to chapter 47 of this title. These rules shall achieve the purposes of this subchapter, and shall provide for the periodic review of any decision issued under the rules. All existing water withdrawals, diversions, and impoundments for snowmaking that are permitted at instream flows below the standards shall be reviewed by July 1, 2000.

(Added 1995, No. 15, § 1; amended 2003, No. 115 (Adj. Sess.), § 21, eff. Jan. 31, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)

Subchapter 4 Surface Water Withdrawals and Interbasin Transfers

§ 1041 Policy on surface water withdrawals for off-stream uses other than snowmaking

(a) This subchapter is intended to establish policy and standards for surface water withdrawals that are consistent with section 1001 of this chapter and chapter 47 of this title, including the Vermont Water Quality Standards.

(b) The policy established under this subchapter is to:

(1) assure the protection, maintenance, and restoration of the chemical, physical, and biological water quality, including water quantity, necessary to sustain aquatic communities and stream function;

(2) help to provide for and enhance the viability of those sectors and industries that rely on the use of surface waters and are important to Vermont’s economy;

(3) permit surface water withdrawals and the construction of appurtenant facilities and related systems for uses other than snowmaking, based on an analysis of the need for water and the consideration of alternatives and consistent with this and related policies and other applicable laws and rules; and

(4) recognize that existing users of the State’s waters for off-stream uses that may have an adverse effect on water quality should have time and opportunity to improve water quality.

(Added 2021, No. 135 (Adj. Sess.), § 1, eff. July 1, 2022.)

§ 1042 Registration and reporting; exceptions

(a) Registration. Beginning on January 1, 2023, any person withdrawing 10,000 gallons or more of surface water within a 24-hour period or 150,000 gallons or more of surface water over any 30-day period shall register with the Secretary:

(1) the location of each withdrawal, including each impacted surface water;

(2) the frequency and rate of each withdrawal;

(3) a description of the use or uses of the water to be withdrawn;

(4) the capacity of the system to be used for the withdrawal; and

(5) a schedule for the withdrawal.

(b) Report. Beginning on January 1, 2023, a person that is required to register a surface water withdrawal pursuant to subsection (a) of this section shall file an annual report with the Secretary. Reports shall be filed annually by January 15 of the following year. The report shall be made on a form provided by the Secretary and shall include all of the following information:

(1) the total amount of water withdrawn each month;

(2) the location of each withdrawal, including each impacted surface water;

(3) the daily maximum withdrawal for each month;

(4) the date of daily maximum withdrawal; and

(5) any other information required by the Secretary.

(c) Methods of reporting withdrawals. The following methods shall be used to report the amounts of withdrawn surface water required to be reported under subsection (b) of this section:

(1) For withdrawals of between 10,000 and 50,000 gallons of surface water within a 24-hour period or 150,000 gallons or more of surface water over any 30-day period, the person shall either provide an estimate of total volume withdrawn or provide meter data. The report shall describe how any estimate was calculated.

(2) For withdrawals of 50,000 gallons or more of surface water within a 24-hour period or 1,500,000 gallons or more of surface water over any 30-day period, the person shall provide meter data or measured data by a technically appropriate method approved by the Secretary.

(d) Exceptions. The following withdrawals shall not be subject to the requirements of subsection (a) or (b) of this section:

(1) surface water withdrawals for fire suppression or other public emergency response purposes;

(2) surface water withdrawals required to report under subchapter 3 of this chapter for snowmaking uses;

(3) surface water withdrawals approved pursuant to chapter 56 of this title on public water supply and the rules adopted thereunder for use as a public drinking water supply;

(4) surface water withdrawals for irrigation for farming, livestock watering, or other uses for farming, as the term “farming” is defined in 6 V.S.A. § 4802; and

(5) a surface water withdrawal reported to the Secretary under any project that requires the reporting of substantially similar data.

(Added 2021, No. 135 (Adj. Sess.), § 1, eff. July 1, 2022.)

§ 1043 Permit requirement; program development

(a) Program development. On or before July 1, 2026, the Secretary shall implement a surface water withdrawal permitting program that is consistent with section 1041 of this subchapter. The program shall be developed to:

(1) require a permit or other authorization for surface water withdrawals based on potential impacts to surface waters or other factors and establish conditions of operation necessary to protect surface waters and the Vermont Water Quality Standards;

(2) consider surface water withdrawal registration and reporting information submitted pursuant to section 1042 of this chapter in the establishment of permitting thresholds and other permitting requirements;

(3) require efficient use and conservation of surface water;

(4) ensure that withdrawals comply with the Vermont Water Quality Standards;

(5) establish limitations on withdrawals based on low flow or drought conditions and the development of potential alternatives to meet surface water withdrawal needs in such cases; and

(6) require assessment of any reasonable and feasible alternatives to proposed withdrawals that may have less of an impact on surface water quality.

(b) Application. Application for a permit to withdraw surface water under the program established under subsection (a) of this section shall be made on a form provided by the Secretary and shall include the following information:

(1) the location of each withdrawal, including the identification and type of each impacted surface water;

(2) a description of the use or uses of the water to be withdrawn;

(3) a description of the proposed method of water withdrawal;

(4) the frequency and rate of the withdrawal;

(5) an estimated schedule for the withdrawal;

(6) the capacity of the system to be used for the withdrawal;

(7) the location of the proposed return flow of the withdrawn water and whether the withdrawal is an interbasin transfer;

(8) an estimate of the volume of water needed for the proposed use or uses;

(9) a description of the alternative means considered for the proposed uses of water that will have less of an impact on surface water quality; and

(10) any other information required by the Secretary.

(c) Permits.

(1) The Secretary may issue a general permit to authorize certain withdrawal activities.

(2) The Secretary shall issue a general permit under this chapter for the withdrawal of surface water for State or municipal infrastructure projects. The general permit shall establish a rate and withdrawal volume that only requires notification of the Secretary and does not require Secretary approval prior to withdrawal.

(3) A permit issued under this subchapter shall be for a period of not longer than 10 years from the date of issuance.

(d) Exceptions. A permit required under this subchapter shall not be required for:

(1) surface water withdrawals for fire suppression or other public emergency response purposes; or

(2) surface water withdrawals for irrigation for farming, livestock watering, or other uses for farming, as the term “farming” is defined in 6 V.S.A. § 4802.

(e) Existing surface water withdrawals.

(1) Snowmaking withdrawals. Existing withdrawals approved pursuant to subchapter 3 of this chapter for snowmaking shall be reviewed pursuant to subdivision (f)(1) of this section.

(2) Nonsnowmaking withdrawals.

(A) A permit required under this subchapter shall not be required until July 1, 2030 for an existing surface water withdrawal for nonsnowmaking purposes, provided that:

(i) the existing surface water withdrawal is both registered and reported to the Secretary pursuant to section 1042 of this title on an annual basis; and

(ii) no expansion of the existing surface water withdrawal occurs on or after January 1, 2023.

(B) For purposes of this subdivision (2), an expansion includes an increase in reported surface water withdrawal rate or volume or increase in reported capacity of the system.

(f) Surface water withdrawals for snowmaking.

(1) Existing withdrawals. Existing surface water withdrawals for snowmaking purposes that have been reviewed and approved pursuant to subchapter 3 of this chapter shall not require additional technical review by the Secretary under this subchapter, provided that the approved snowmaking activity is operated in compliance with the terms and conditions of the Secretary’s approval. For such activities, the Secretary may issue a permit under the rules adopted pursuant to this subchapter.

(2) New withdrawals. Proposed surface water withdrawals for new snowmaking activities that require review pursuant to subchapter 3 of this chapter shall be reviewed by the Secretary in accordance with the rules adopted pursuant to section 1032 of this title. If the Secretary determines that the proposed activity is consistent with those rules, the Secretary shall issue a permit required by section 1043 of this section for that activity.

(g) Enforcement.

(1) The Secretary may require a person to obtain a permit under this subchapter when the Secretary, in the Secretary’s discretion, determines that a withdrawal or other action circumvents the requirements of this subchapter.

(2) If the Secretary finds that a withdrawal subject to this subchapter results in the construction, installation, operation, or maintenance of any facility or condition that results in or can reasonably be expected to result in a violation of the Vermont Water Quality Standards, the Secretary may issue an order establishing reasonable and proper methods and procedures for the control of that activity in order to reduce or eliminate the violation.

(h) Reservation. Nothing in this subchapter shall be interpreted to supersede, limit, or otherwise effect the Secretary’s authority to take action pursuant to section 1272 of this title or other applicable provision of law or rule.

(Added 2021, No. 135 (Adj. Sess.), § 1, eff. July 1, 2022.)

§ 1044 Interbasin transfers of surface waters

(a) Review of HUC 6 interbasin transfers. The Secretary shall review any interbasin transfer pursuant to the Vermont Water Quality Standards and other requirements of State law listed in subdivision 1253(h)(1) of this title. This review shall be in addition to any applicable standards and permitting requirements adopted pursuant to subsection 1043(a) of this title.

(b) Review of other transfers likely to violate Vermont Water Quality Standards. The Secretary may review any other surface water withdrawal that includes the transfer of surface water from one watershed to another watershed under the requirements of subsection (a) of this section if the Secretary determines that the activity is likely to result in a violation of the Vermont Water Quality Standards. The Secretary shall make a determination under this subsection based on a review of information set forth under subsection 1043(b) of this title that is readily available to the Secretary.

(Added 2021, No. 135 (Adj. Sess.), § 1, eff. July 1, 2022.)

§ 1045 Report to General Assembly

Beginning February 15, 2023 and annually thereafter, the Secretary of Natural Resources, after consultation with the Secretary of Agriculture, Food and Markets, shall submit to the Senate Committees on Agriculture and on Natural Resources and Energy and the House Committees on Agriculture and Forestry and on Natural Resources, Fish, and Wildlife the data submitted to the Secretary pursuant to subsections 1042(a) and (b) of this title, data submitted as part of a permit required under section 1043 of this title, and the data submitted to the Secretary of Agriculture, Food and Markets under 6 V.S.A. § 4927.

(Added 2021, No. 135 (Adj. Sess.), § 1, eff. July 1, 2022.)

§ 1046 Rulemaking

The Secretary shall adopt rules to implement the requirements of this subchapter.

(Added 2021, No. 135 (Adj. Sess.), § 1, eff. July 1, 2022.)

Chapter 43 Dams

§ 1079 Purpose

It is the purpose of this chapter to protect public safety and provide for the public good through the inventory, inspection, and evaluation of dams in the State.

(Added 2017, No. 161 (Adj. Sess.), § 1.)

§ 1080 Definitions

As used in this chapter:

(1) “Department” means the Department of Environmental Conservation.

(2) “Person” means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity.

(3) “Interested person” means, in relation to any dam, a person who has riparian rights affected by that dam; who has a substantial interest in economic or recreational activity affected by the dam; or whose safety would be endangered by a failure of the dam.

(4) “Engineer” means a professional engineer licensed under Title 26 who has experience in the design and investigation of dams.

(5) “Time” shall be reckoned in the manner prescribed by 1 V.S.A. § 138.

(6)(A) “Dam” means any artificial barrier, including its appurtenant works, that is capable of impounding water, other liquids, or accumulated sediments.

(B) “Dam” includes an artificial barrier that meets all of the following:

(i) previously was capable of impounding water, other liquids, or accumulated sediments;

(ii) was partially breached; and

(iii) has not been properly removed or mitigated.

(C) “Dam” does not mean:

(i) barriers or structures created by beaver or any other wild animal as that term is defined in section 4001 of this title;

(ii) transportation infrastructure that has no normal water storage capacity and that impounds water only during storm events;

(iii) an artificial barrier at a stormwater management structure that is regulated by the Agency of Natural Resources under chapter 47 of this title;

(iv) an underground or elevated tank to store water otherwise regulated by the Agency of Natural Resources;

(v) an agricultural waste storage facility regulated by the Agency of Agriculture, Food and Markets under 6 V.S.A. chapter 215; or

(vi) any other structure identified by the Department by rule.

(7) “Federal dam” means:

(A) a dam owned by the United States; or

(B) a dam subject to a Federal Energy Regulatory Commission license or exemption.

(8) “Intake structure” means a dam that is constructed and operated for the primary purposes of minimally impounding water for the measurement and withdrawal of streamflow to ensure use of the withdrawn water for snowmaking, potable water, irrigation, or other purposes approved by the Department.

(9) “Nonfederal dam” means a dam that is not a federal dam.

(10) “Dam removal” means all actions needed to eliminate the risk of dam failure-related inundation below the dam and include partial or complete structural removal to the extent that the dam is no longer capable of impounding water, liquid, or sediment.

(Added 1981, No. 242 (Adj. Sess.), § 1; amended 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 22; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1081 Jurisdiction of Department

(a) Powers and duties. Unless otherwise provided, the powers and duties authorized by this chapter shall be exercised by the Department of Environmental Conservation. Nonfederal dams at which the generation of electric energy is subject to licensing jurisdiction under the Federal Power Act, 16 U.S.C. chapter 12, subchapter 1, and the dam structure is regulated separately from electric generation shall be under the jurisdiction of the Department, except to the extent of regulation at those facilities related solely to electric generation under the Federal Power Act.

(b) Transfer of jurisdiction. Jurisdiction over a federal dam is transferred to the Department when the license or exemption for a federal dam expires or is otherwise.

(c) Transfer of records. Upon transfer of jurisdiction of any dam from the Public Utility Commission to the Department, the Public Utility Commission shall transfer copies of all records pertaining to the subject dam, including record drawings, construction drawings, engineering investigations and analyses, photographs, inspection reports, design, permitting, and emergency action planning documents and any other files pertaining to the subject dam, to the Department in digital and hardcopy format acceptable to the Department within 30 days following the jurisdictional transfer.

(Amended 1959, No. 203; 1959, No. 329 (Adj. Sess.), § 39, eff. March 1, 1961; 1961, No. 100, § 2; 1981, No. 242 (Adj. Sess.), § 2; 2017, No. 161 (Adj. Sess.), § 1; 2021, No. 42, § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1082 Authorization

(a) No person shall construct, enlarge, raise, lower, remodel, reconstruct, or otherwise alter any nonfederal dam, pond, or impoundment or other structure that is or will be capable of impounding more than 500,000 cubic feet of water or other liquid after construction or alteration, or remove, breach, or otherwise lessen the capacity of an existing nonfederal dam that is or was capable of impounding more than 500,000 cubic feet within or along the borders of this State where land in this State is proposed to be overflowed, or at the outlet of any body of water within this State, unless authorized by the Department, provided that an application for activities that require authorization under 30 V.S.A. § 248 also shall be approved by the Public Utility Commission. However, in the matter of flood control projects where cooperation with the federal government is provided for by the provisions of section 1100 of this title, that section shall control.

(b) For the purposes of this chapter, the volume a dam or other structure is capable of impounding is the volume of water or other liquid, including any accumulated sediments, controlled by the structure with the water or liquid level at the top of the lowest nonoverflow part of the structure.

(c) An intake structure in existence on July 1, 2018 that continues to operate in accordance with a valid Department permit or approval that contains requirements for inspection and maintenance subject to section 1105 of this title shall have a rebuttable presumption of compliance with the requirements of this chapter and rules adopted under this chapter, provided that no presumption of compliance shall apply if one or both of the following occur on or after July 1, 2018:

(1) the owner or operator of the intake takes an action that requires authorization under this section; or

(2) the Department issues an order under section 1095 of this title directing reconstruction, repair, removal, breaching, draining, or other action it considers necessary to improve the safety of the dam.

(Amended 1975, No. 179 (Adj. Sess.), § 1; 1981, No. 242 (Adj. Sess.), § 3; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1083 Application

(a) Any person who proposes to undertake an action subject to regulation pursuant to section 1082 of this title shall apply in writing to the Department. The application shall set forth:

(1) the location; the height, length, and other dimensions; and any proposed changes to any existing dam;

(2) the approximate area to be overflowed and the approximate number of or any change in the number of cubic feet of water to be impounded;

(3) the plans and specifications to be followed in the construction, remodeling, reconstruction, altering, lowering, raising, removal, breaching, or adding to;

(4) any change in operation and maintenance procedures; and

(5) other information that the Department considers necessary to review the application.

(b) The plans and specifications shall be prepared under the supervision of an engineer.

(Amended 1959, No. 329 (Adj. Sess.), § 23(d), eff. March 1, 1961; 1975, No. 179 (Adj. Sess.), § 2; 1981, No. 242 (Adj. Sess.), § 4; 2015, No. 150 (Adj. Sess.), § 12, eff. Jan. 1, 2018; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1083a Repealed

[Repealed]

2017, No. 161 (Adj. Sess.), § 1.

§ 1084 Department of Fish and Wildlife; investigation

The Commissioner of Fish and Wildlife shall investigate the potential effects on fish and wildlife habitats of any proposal subject to section 1082 of this title and shall certify the results to the Department prior to any hearing or meeting relating to the determination of public good and public safety.

(Amended 1975, No. 179 (Adj. Sess.), § 3; 1981, No. 242 (Adj. Sess.), § 6; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1085 Notice of application

Upon receipt of the application required by section 1082 of this title, the Department shall give notice to the legislative body of each municipality in which the dam is located and to all interested persons. The Department shall provide notice of and an opportunity for public comment in accordance with chapter 170 of this title.

(Amended 1981, No. 242 (Adj. Sess.), § 7; 2015, No. 150 (Adj. Sess.), § 13, eff. Jan. 1, 2018; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1086 Determination of public good; certificates

(a) “Public good” means the greatest benefit of the people of the State. In determining whether the public good is served, the Department shall give due consideration to public safety and, among other things, the effect the proposed project will have on:

(1) the quantity, kind, and extent of cultivated agricultural land that may be rendered unfit for use by or enhanced by the project, including both the immediate and long-range agricultural land use impacts;

(2) scenic and recreational values;

(3) fish and wildlife;

(4) forests and forest programs;

(5) [Repealed.]

(6) the existing uses of the waters by the public for boating, fishing, swimming, and other recreational uses;

(7) the creation of any hazard to navigation, fishing, swimming, or other public uses;

(8) the need for cutting clean and removal of all timber or tree growth from all or part of the flowage area;

(9) the creation of any public benefits;

(10) attainment of the Vermont water quality standards;

(11) any applicable State, regional, or municipal plans;

(12) municipal grand lists and revenues; and

(13) in the case of the proposed removal of a dam that formerly related to or was incident to the generation of electric energy, but that was not subject to a memorandum of understanding dated prior to January 1, 2006 relating to its removal, the potential for and value of future power production.

(b) If the Department finds that the project proposed under section 1082 of this title will serve the public good and, in case of any waters designated by the Secretary as outstanding resource waters, will preserve or enhance the values and activities sought to be protected by designation, the agency shall issue its order approving the application. The order shall include conditions for attainment of water quality standards, as determined by the Agency of Natural Resources, and such other conditions as the Department considers necessary to protect any element of the public good listed in subsection (a) of this section. Otherwise, it shall issue its order disapproving the application.

(c) The Department shall provide the applicant and interested persons with copies of its order.

(d) In the case of a proposed removal of a dam that is under the jurisdiction of the Department and that formerly related to or was incident to the generation of electric energy but that was not subject to a memorandum of understanding dated before January 1, 2006 relating to its removal, the Department shall consult with the Department of Public Service regarding the potential for and value of future power production at the site.

(Amended 1969, No. 281 (Adj. Sess.), § 10; 1975, No. 179 (Adj. Sess.), § 4; 1981, No. 242 (Adj. Sess.), § 8; 1987, No. 67, § 13; 1987, No. 76, § 18; 2005, No. 208 (Adj. Sess.), § 4; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1087 Review of plans and specifications

For any proposal subject to authorization under section 1082 of this title, the Department shall require an engineer to investigate the property, review the plans and specifications, and make additional investigations as the Department considers necessary to ensure that the project adequately provides for the public safety. The engineer conducting an investigation under this section shall be an employee of the Department or shall be operating under the supervision of the Department as an independent consultant hired by either the Department or the project proponent. The engineer shall report the engineer’s findings to the Department.

(Amended 1981, No. 242 (Adj. Sess.), § 9; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1088 Repealed

[Repealed]

1975, No. 179 (Adj. Sess.), § 6.

§ 1089 Employment of engineer

The Department shall employ engineers to perform the duties required under this chapter to adequately provide for public safety.

(Amended 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1090 Construction supervision

The construction, alteration, or other action authorized in section 1086 of this title shall be supervised by an engineer employed by the applicant. Upon completion of the authorized project, the engineer shall provide confirmation to the Department that the project has been completed in general accordance with the approved plans and specifications and dam order conditions.

(Amended 1981, No. 242 (Adj. Sess.), § 10; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§§ 1091-1094 Repealed

[Repealed]

1981, No. 242 (Adj. Sess.), § 18.

§ 1095 Unsafe dam; petition; hearing; emergency

(a) On receipt of a petition signed by not fewer than 10 interested persons or the legislative body of a municipality, the Department shall, or upon its own motion it may, institute investigations by an engineer as described in section 1087 of this title regarding the safety of any existing nonfederal dam or portion of the dam of any size. The Department may fix a time and place for hearing and shall give notice in the manner it directs to all interested persons. The engineer shall present the engineer’s findings and recommendations at the hearing. After the hearing, if the Department finds that the nonfederal dam or portion of the dam as maintained or operated is unsafe or is a menace to people or property above or below the dam, it shall issue an order directing reconstruction, repair, removal, breaching, draining, or other action it considers necessary to improve the safety of the dam sufficiently to protect life and property as required by the Department.

(b) If, upon the expiration of a date as may be ordered, the person owning legal title to the dam or the owner of the land on which the dam is located has not complied with the order directing the reconstruction, repair, breaching, removal, draining, or other action of the unsafe dam, the Department may petition the Superior Court in the county in which the dam is located to enforce its order or exercise the right of eminent domain to acquire the rights that may be necessary to effectuate a remedy as the public safety or public good may require. If the order has been appealed, the court may prohibit the exercise of eminent domain by the Department pending disposition of the appeal.

(c) If, upon completion of the investigation described in subsection (a) of this section, the Department considers the dam to present an imminent threat to human life or property, it shall take whatever action it considers necessary to protect life and property and subsequently shall conduct the hearing described in subsection (a) of this section.

(Amended 1959, No. 329 (Adj. Sess.), § 39, eff. March 1, 1961; 1961, No. 100, § 2; 1969, No. 281 (Adj. Sess.), § 12; 1981, No. 242 (Adj. Sess.), § 11; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1096 Repealed

[Repealed]

1981, No. 242 (Adj. Sess.), § 18.

§§ 1097, 1098 Repealed

[Repealed]

2017, No. 161 (Adj. Sess.), § 1.

§ 1099 Appeals

Appeals of any act or decision of the Department under this chapter shall be made in accordance with chapter 220 of this title.

(Amended 1981, No. 242 (Adj. Sess.), § 15; 2001, No. 94 (Adj. Sess.), § 3; 2003, No. 115 (Adj. Sess.), § 23, eff. Jan. 31, 2005; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1100 Federal cooperation

As a basis for cooperation with the federal government and its duly established agencies in the matter of flood control, the State defines its policy with reference to flood control developments as follows:

(1) [Repealed.]

(2) Where such flood control project is strictly for flood control purposes, no village or city in this State shall be inundated, flooded, or destroyed thereby.

(3) Adequate compensation shall be made to any town whose grand list shall be substantially adversely affected by such strictly flood control project for the loss of its tax revenue.

(4) Where cultivated agricultural lands in excess of 100 acres are to be taken for the purposes of a flood control project, or the recreational development of the State or the economy of the river basin involved may be affected thereby, the Department shall provide notice, an opportunity to submit comments, and an opportunity to request a public meeting in accordance with section 7713 (Type 2 Procedures) of this title. The Department shall determine the effect the flood control project will have upon agricultural land uses or recreational values in this State, or upon the economy of the river basin involved, and report its findings and recommendations to the proper federal agency or authority having the flood control project in charge for its consideration and recognition. The Department shall post its findings and recommendations as a final decision in accordance with chapter 170 of this title.

(Amended 1959, No. 329 (Adj. Sess.), § 39, eff. March 1, 1961; 1961, No. 100, § 2; 1981, No. 242 (Adj. Sess.), § 16; 2015, No. 150 (Adj. Sess.), § 14, eff. Jan. 1, 2018; 2021, No. 42, § 2.)

§ 1101 Repealed

[Repealed]

1959, No. 35, § 2, eff. March 12, 1959.

§ 1102 Federal receipts, distribution

All sums of money that the State receives from the United States under the provisions of section 701c-3 of Title 33 of the United States Code, as the same may be amended, being a portion of the rentals of property acquired and owned by the United States for purposes of flood control dams and reservoirs, shall be distributed to the municipality or political subdivision in which the dams and reservoirs are located. The Department shall administer payment of money so received and the Commissioner of Finance and Management shall issue his or her warrants on orders of the Department.

(Added 1959, No. 35, § 1, eff. March 12, 1959; amended 1959, No. 328 (Adj. Sess.), § 8; 1961, No. 100, § 2; 1981, No. 242 (Adj. Sess.), § 17; 1983, No. 195 (Adj. Sess.), § 5(b).)

§ 1103 Approval for flood control dams

(a) No department or agency of the federal government shall construct any flood control dam that is within the State of Vermont, either in whole or in part, or cause any land within the State of Vermont to be overflowed through the operation of a flood control dam located outside the State, except with the approval of the Governor and the General Assembly.

(b) For purposes of this section “flood control dam” means any dam that has among its principal purposes the prevention or control of floods either within or without the State, or that is financed in whole or in part with funds appropriated, allocated, or made available under a federal flood control program, excepting programs under Public Law 83-566, known as the Watershed Protection and Flood Prevention Act.

(Added 1971, No. 167 (Adj. Sess.), § 3.)

§ 1104 Repealed

[Repealed]

1989, No. 98, § 4(b).

§ 1105 Inspection of dams

(a) Inspection; schedule. All nonfederal dams in the State shall be inspected according to a schedule adopted by rule by the Department.

(b) Dam inspection. A nonfederal dam in the State shall be inspected under one or both of the following methods:

(1) The Department may employ an engineer to make periodic inspections of nonfederal dams in the State to determine their condition and the extent, if any, to which they pose a possible or probable threat to life and property.

(2) The Department shall adopt rules pursuant to 3 V.S.A. chapter 25 to require an adequate level of inspection by an independent engineer.

(c) Dam safety reports. If a dam inspection report is completed by the Department, the Department shall provide the person owning legal title to the dam or the owner of the land on which the dam is located with a copy of the inspection report and shall make all inspection reports available on the Department website for public review. For dams owned by the State, the Department shall provide the inspection report to the designated point of contact for the dam at the State entity owning the dam and make the information available to the public on the Department website.

(d) Notice of unsafe State dam. Notwithstanding the timing for submission of a dam safety report under subsection (c) of this section, if the Department determines that a State dam is unsafe and in need of repair or removal, the Department shall immediately notify the designated point of contact of the State entity that owns the dam and make this information available to the public on the Department website.

(Added 1981, No. 242 (Adj. Sess.), § 13; amended 1985, No. 60; 2015, No. 23, § 98; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1106 Dam Safety Revolving Loan Fund

(a) There is hereby established a special fund to be known as the Vermont Dam Safety Revolving Loan Fund that shall be used to provide low- or zero-interest loans, including subsidized loans as established under subsection (b) of this section and the rules adopted under section 1110 of this title, pursuant to rules adopted by the Agency of Natural Resources, for the reconstruction, repair, removal, breaching, draining, or other action necessary to reduce the risk of a dam.

(b) Funds from the Dam Safety Revolving Loan Fund shall be available for both emergency and nonemergency projects. To be eligible for a Dam Safety Loan, the dam shall meet the conditions associated with the funding type:

(1) Emergency funding. To provide emergency funding for critical, time-sensitive temporary safety or risk reduction measures such as reservoir drawdown, partially or fully breaching the dam, stabilization or buttressing of the dam, including engineering and emergency action planning activities. To be eligible for emergency funding, the dam must meet the following criteria:

(A) The dam must be under the regulatory jurisdiction of the DEC Dam Safety Program, including dams owned by the State of Vermont.

(B) The dam must be in need of critical time-sensitive safety or risk reduction measures in order to protect public safety and property, or be a dam found to be unsafe or a menace to public safety under section 1095 of this title. The Dam Safety Program shall be able to access the fund on behalf of owners in cases of emergency, immediate need, or in the case of unwilling or unable dam owners.

(2) Nonemergency funding. For permanent safety or risk reduction projects such as repair, rehabilitation, or removal, including engineering, analyses, design, and construction. To be eligible for nonemergency funding, the dam must meet the following criteria:

(A) The dam must be under the regulatory jurisdiction of the DEC Dam Safety Program, excluding dams owned by the State of Vermont.

(B) The dam must be classified as a significant or high-hazard potential dam and in fair, poor, or unsatisfactory condition based on the last periodic or comprehensive inspection.

(C) For funding for nonemergency repair or rehabilitation projects, the dam owner shall provide an operation and maintenance plan and dam safety compliance schedule as well as financial information to show sufficient resources are available to maintain the dam and comply with the dam safety rules after the completion of repairs or the rehabilitation project.

(D) For funding for nonemergency construction, the applicant shall provide proof that applicable local, State, and federal permits have been obtained, including the State Dam Safety Order.

(E) To be eligible for nonemergency funding, an alternatives analysis of dam repair, rehabilitation, and removal options that considers an evaluation of risk reduction, dam safety and ecological resilience and public benefits considerations, and costs shall be completed, pursuant to the rule adopted by the Department.

(F) Under this subdivision (b)(2), only engineering, analysis, design, and construction that result in acceptable risk reduction are eligible for loan subsidy.

(c) The Fund created by this section shall be established and held separate and apart from any other funds or monies of the State and shall be used and administered exclusively for the purposes set forth in this section. The funds shall be invested in the same manner as permitted for investment of funds belonging to the State or held in the Treasury. The Fund shall consist of the following:

(1) such sums as may be appropriated or transferred thereto from time to time by the General Assembly, the Emergency Board, or the Joint Fiscal Committee during such times as the General Assembly is not in session;

(2) principal and interest received from the repayment of loans made from the Fund;

(3) capitalization grants and awards made to the State by the United States of America for the purposes for which the Fund has been established;

(4) interest earned from the investment of Fund balances;

(5) private gifts, bequests, and donations made to the State for the purposes for which the Fund has been established; and

(6) other funds from any public or private source intended for use for any of the purposes for which the Fund has been established.

(d) The Secretary may bring an action under this subsection or other available State and federal laws against the owner of the dam to seek reimbursement to the Fund for all loans made from the Fund pursuant to this section.

(e)(1) Annually, on or before January 31, the Department shall report to the House Committee on Environment and the Senate Committee on Natural Resources and Energy regarding operation and administration of the Dam Safety Program. The report shall include:

(A) details on all emergency and nonemergency loans made from the Dam Safety Fund during the previous year;

(B) a description of each project funded from the Dam Safety Fund, including dam name, town and waterbody in which the dam is located, hazard classification, dam condition, details of the repair or removal, year of the last and next Department inspection, project cost, loan amount, and repayment terms;

(C) for emergency loans, justification for the emergency and an explanation why action was needed to be undertaken immediately using State funds; and

(D) a projection of loan repayment income to the Fund.

(2) The Department shall post reports made under this subsection to its website on the same date the report is submitted to the General Assembly.

(Added 2003, No. 121 (Adj. Sess.), § 66, eff. June 8, 2004; amended 2013, No. 34, § 6a; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1107 Hazard potential classifications

(a) The Department shall assess the hazard potential classification of all nonfederal dams listed in the Vermont Dam Inventory based on the potential loss of human life, property damage, and economic loss that would occur in the event of the failure of the dam. There shall be four hazard potential classifications: high, significant, low, and minimal.

(b) The Department may assess or reassess the hazard potential classification of the dam at any time.

(Added 2017, No. 161 (Adj. Sess.), § 1; amended 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1108 Dam inventory; registration

(a) Dam inventory. The Department of Environmental Conservation shall maintain a current inventory of all known dams in the State of Vermont. The Department of Environmental Conservation shall update and publish the Vermont Dam Inventory annually and shall include information collected in the Inventory as part of the Agency of Natural Resources’ Natural Resources Atlas.

(b) Dam registration. If a dam is listed on the Vermont Dam Inventory and is under the jurisdiction of the Department, the person owning legal title to a dam or the person owning the land on which the dam is located shall, upon request of the Department, submit information to the Department regarding the dam, including the condition of the dam, whether and when the dam has been inspected, and any other information that the Department may require to ensure public safety. A person who fails to comply with the request of the Department under this section shall be subject to a civil penalty under chapter 201 of this title.

(Added 2017, No. 161 (Adj. Sess.), § 1.)

§ 1109 Marketability of title

The failure of the person owning legal title to a dam or the owner of the land on which the dam is located to record a dam registration or a dam inspection report when required under this chapter or rules adopted under this chapter shall not create an encumbrance on record title or an effect on marketability of title for the real estate property or properties on which the dam is located.

(Added 2017, No. 161 (Adj. Sess.), § 1.)

§ 1110 Rulemaking

The Commissioner of Environmental Conservation shall adopt rules to implement the requirements of this chapter for dams under the jurisdiction of the Department. The rules shall include:

(1) a standard or regulatory threshold under which a dam is exempt from the registration or inspection requirements of this chapter;

(2) standards for:

(A) the siting, design, construction, reconstruction, enlargement, modification, or alteration of a dam;

(B) operation and maintenance of a dam;

(C) inspection, monitoring, record keeping, and reporting;

(D) repair, breach, or removal of a dam;

(E) application for authorization under section 1082 of this title; and

(F) the development of an emergency action plan for a dam, including guidance on how to develop an emergency action plan, the content of a plan, and when and how an emergency action plan should be updated;

(3) criteria for the hazard potential classification of dams in the State;

(4) a process by which a person owning legal title to a dam or a person owning the land on which the dam is located shall register a dam and record the existence of the dam in the lands records;

(5) requirements for the person owning legal title to a dam or the person 2024 owning the land on which the dam is located to conduct inspections of the dam; and

(6) requirements for access to financing and subsidy from the Dam Safety Revolving Loan Fund, including the requirement that an alternatives analysis be performed by an engineering consultant hired by either the dam owner or the Department.

(Added 2017, No. 161 (Adj. Sess.), § 1; amended 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1111 Repealed

[Repealed]

(Added 2017, No. 161, § 1, eff. July 1, 2023; repealed by 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

Chapter 45 Connecticut River Flood Control Compact

Subchapter 1 Connecticut River Flood Control Compact

§ 1151 Preamble

Whereas, the federal government exercises jurisdiction over the nation’s navigable rivers and their tributaries through passage of the Flood Control Act of nineteen hundred and thirty-six and various other acts amendatory thereto; and

Whereas, these acts provide for construction by the United States of dams for flood control and, where feasible, in addition to flood control for storage of water to be used for irrigation, recreation or hydroelectric power or for any of these purposes; and

Whereas, the Connecticut is an interstate river and control of major floods on it can be obtained only by the construction of dams by the United States under authorization of the above mentioned acts; and

Whereas, the Commonwealth of Massachusetts and the States of Connecticut, New Hampshire and Vermont recognize that it is in the interest of their general welfare that the United States construct in the Connecticut River Valley a comprehensive system of local protection works and dams and reservoirs to control floods and prevent loss of life and property, the disruption of orderly processes and the impairment of commerce between the aforesaid states; and

Whereas, the United States has constructed dikes, flood walls and other local protection works at Hartford and East Hartford in the State of Connecticut and at Springfield, Riverdale, West Springfield, Chicopee, Northampton, Holyoke, and Springdale, in the Commonwealth of Massachusetts and dams and reservoirs for the storage of flood waters at Knightville, Birch Hill and Tully in the Commonwealth of Massachusetts, at Surry Mountain in the State of New Hampshire and at Union Village in the State of Vermont and has reached agreements with the state wherein located for construction of dams and reservoirs for the storage of flood waters at Barre Falls in the Commonwealth of Massachusetts and at Ball Mountain and at Townshend in the State of Vermont; and

Whereas, the Congress has at various times authorized construction by the United States of other dams and reservoirs for the storage of flood waters in the Commonwealth of Massachusetts and in the States of New Hampshire and Vermont and has more recently instructed the corps of engineers to determine what additional local protection works and dams and reservoirs are required for a comprehensive system to control floods in the Connecticut River and its tributaries; and

Whereas, it is believed that such a comprehensive flood control system should include dams and reservoirs controlling flood run-off from approximately twenty-five (25) percent of the total drainage area of the Connecticut River above Hartford, Connecticut, and strategically located in reference to characteristics of tributaries and to damage centers; and

Whereas, construction by the United States of additional dams and reservoirs in the Commonwealth of Massachusetts and in the States of New Hampshire and Vermont, to complete such a comprehensive flood control system, will remove from the tax rolls of local governments of those states such property as is acquired by the United States and may work other hardships against the people of Massachusetts, New Hampshire and Vermont; and

Whereas, it is highly desirable that any flood control dam and reservoir constructed by the United States in the Connecticut River Valley have the approval of the state wherein it is located and that states benefiting from construction of such dam and reservoir make reimbursement for such loss of taxes and for such hardships; and

Whereas, a comprehensive system for the prevention of destructive floods and for water resources utilization in the Connecticut River Valley can best be accomplished by cooperation between the several states in the valley and by and through a common and joint agency of said several states;

Now, therefore, the said Commonwealth of Massachusetts and States of Connecticut, New Hampshire and Vermont do hereby enter into the following compact, to-wit:

§ 1152 Purposes—Article I

The principal purposes of this compact are: (a) to promote interstate comity among and between the signatory states; (b) to assure adequate storage capacity for impounding the waters of the Connecticut River and its tributaries for the protection of life and property from flood; (c) to provide a joint or common agency through which the signatory states, while promoting, protecting and preserving to each the local interest and sovereignty of the respective signatory states, may more effectively cooperate in accomplishing the object of flood control and water resources utilization in the basin of the Connecticut River and its tributaries.

§ 1153 Creation of Commission—Article II

There is hereby created “The Connecticut River Valley Flood Control Commission,” hereinafter referred to as the “Commission,” which shall consist of 12 members, three of whom shall be residents of the Commonwealth of Massachusetts; three of whom shall be residents of the State of Connecticut; three of whom shall be residents of the State of New Hampshire; and three of whom shall be residents of the State of Vermont.

The members of the Commission shall be chosen by their respective states in such manner and for such term as may be fixed and determined from time to time by the law of each of said states respectively by which they are appointed. A member of the Commission may be removed or suspended from office as provided by the law of the state for which he or she shall be appointed, and any vacancy occurring in the Commission shall be filled in accordance with the laws of the state wherein such vacancy exists.

A majority of the members from each state shall constitute a quorum for the transaction of business, the exercise of any of its powers or the performance of any of its duties, but no action of the Commission shall be binding unless at least two of the members from each state shall vote in favor thereof.

The compensation of members of the Commission shall be fixed, determined, and paid by the state which they respectively represent. All necessary expenses incurred in the performance of their duties shall be paid from the funds of the Commission.

The Commission shall elect from its members a Chair, Vice Chair, Clerk and Treasurer. Such treasurer shall furnish to the Commission, at its expense, a bond with corporate surety, to be approved by the Commission, in such amount as the Commission may determine, conditioned for the faithful performance of his or her duties.

The Commission shall adopt suitable bylaws and shall make such rules and regulations as it may deem advisable not inconsistent with laws of the United States, of the signatory states or with any rules or regulations lawfully promulgated thereunder.

The Commission shall make an annual report to the governor and legislature of each of the signatory states, setting forth in detail the operations and transactions conducted by it pursuant to this compact.

The Commission shall keep a record of all its meetings and proceedings, contracts and accounts, and shall maintain a suitable office, where its maps, plans, documents, records and accounts shall be kept, subject to public inspection at such times and under such regulations as the Commission shall determine.

§ 1154 Powers of Commission—Article III

The Commission shall constitute a body, both corporate and politic, with full power and authority: (1) to sue and be sued; (2) to have a seal and alter the same at pleasure; (3) to appoint and employ such agents and employees as may be required in the proper performance of the duties hereby committed to it and to fix and determine their qualifications, duties and compensation; (4) to enter into such contracts and agreements and to do and perform any and all other acts, matters and things as may be necessary and essential to the full and complete performance of the powers and duties hereby committed to and imposed upon it and as may be incidental thereto; (5) to have such additional powers and duties as may hereafter be delegated to or imposed upon it from time to time by the action of the legislature of any of said states, concurred in by the legislatures of the other states and by the Congress of the United States.

The Commission shall make, or cause to be made, such studies as it may deem necessary, in cooperation with the corps of engineers and other federal agencies, for the development of a comprehensive plan for flood control and for utilization of the water resources of the Connecticut River Valley.

The Commission shall not pledge the credit of the signatory states or any of them.

§ 1155 Construction of dams; agreements—Article IV

The signatory state wherein is located the site of each of the following dams and reservoirs agrees to the construction by the United States of each such dam and reservoir in accordance with authorization by the Congress:

In the Commonwealth of Massachusetts, At Barre Falls on the Ware River controlling a drainage area of approximately fifty-seven (57) square miles and providing flood storage of approximately eight (8) inches of run-off from said drainage area.

In the State of Vermont, (1) At West Townshend on the West River controlling a new drainage area of approximately one hundred six (106) square miles and providing flood control storage of approximately six (6) inches of run-off from said drainage area.

(2) At Ball Mountain on the West River controlling a net drainage area of approximately one hundred thirty-two (132) square miles and providing flood control storage of approximately six (6) inches of run-off from said drainage area.

(3) At North Hartland on the Ottauquechee River controlling a drainage area of approximately two hundred twenty-two (222) square miles and providing flood control storage for approximately six (6) inches of run-off from said drainage area.

(4) At Groton Pond on the Wells River controlling a drainage area of approximately seventeen and three tenths (17.3) square miles and providing flood control storage for approximately eight (8) inches of run-off from said drainage area.

(5) At Victory on the Moose River controlling a drainage area of approximately sixty-six (66) square miles and providing flood control storage for approximately seven (7) inches of run-off from said drainage area.

(6) In Bloomfield on the Nulhegan River controlling a drainage area of approximately seventy (70) square miles and providing flood control storage for approximately nine (9) inches of run-off from said drainage area.

In the State of New Hampshire, (1) At South Keene on the Otter Brook, tributary of the Ashuelot River, controlling a drainage area of approximately forty-seven (47) square miles and providing flood control storage for approximately seven (7) inches of run-off from said drainage area.

(2) At Walpole on the Cold River controlling a drainage area of approximately one hundred one (101) square miles and providing flood control storage for approximately eight (8) inches of run-off from said drainage area.

(3) At Bethlehem Junction on the Ammonoosuc River controlling a drainage area of approximately ninety (90) square miles and providing flood control storage for approximately six (6) inches of run-off from said drainage area.

(4) At Franconia on the Ammonoosuc River controlling a drainage area of approximately thirty (30) square miles and providing flood control storage for approximately eight (8) inches of run-off from said drainage area.

(5) At Swiftwater on the Wild Ammonoosuc River controlling a drainage area of approximately fifty-seven (57) square miles and providing flood control storage for approximately ten (10) inches of run-off from said drainage area.

§ 1156 Reimbursement for economic losses—Article V

The Commonwealth of Massachusetts agrees to reimburse the State of New Hampshire fifty (50) percent and the State of Vermont fifty (50) percent of the amount of taxes lost to their political subdivisions by reason of ownership by the United States of lands, rights or other property therein for the flood control dams and reservoirs at Surry Mountain in New Hampshire and at Union Village in Vermont.

The State of Connecticut agrees to reimburse the Commonwealth of Massachusetts forty (40) percent, the State of New Hampshire forty (40) percent and the State of Vermont forty (40) percent of the amount of taxes lost to their political subdivisions by reason of ownership by the United States of lands, rights or other property therein for the flood control dams and reservoirs at Tully, at Knightville and at Birch Hill in Massachusetts, at Surry Mountain in New Hampshire and at Union Village in Vermont.

The Commonwealth of Massachusetts agrees to reimburse the State of New Hampshire fifty (50) percent and the State of Vermont fifty (50) percent of the amount of taxes lost to their political subdivisions by reason of acquisition and ownership by the United States of lands, rights or other property therein for construction in the future of any flood control dam and reservoir specified in Article IV (section 1155 of this title) and also for any other flood control dam and reservoir hereafter constructed by the United States in the Connecticut River Valley.

The State of Connecticut agrees to reimburse the Commonwealth of Massachusetts forty (40) percent, the State of New Hampshire forty (40) percent and the State of Vermont forty (40) percent of the amount of taxes lost to their political subdivisions by reason of acquisition and ownership by the United States of lands, rights or other property therein for construction in the future of any flood control dam and reservoir specified in Article IV and also for any other flood control dam and reservoir hereafter constructed by the United States in the Connecticut River Valley.

Annually, not later than November first of each year, the Commission shall determine the loss of taxes resulting to political subdivisions of each signatory state by reason of acquisition and ownership therein by the United States of lands, rights or other property in connection with each flood control dam and reservoir for which provision for tax reimbursement has been made in the four paragraphs next above. Such losses of taxes as determined by the Commission shall be based on the tax rate then current in each such political subdivision and on the average assessed valuation for a period of five years prior to the acquisition by the United States of such property, provided that whenever a political subdivision wherein a flood control dam and reservoir or portion thereof is located shall have made a general revaluation of property subject to the annual municipal taxes of such subdivision, the Commission may use such revaluation for the purpose of determining the amount of taxes for which reimbursement shall be made. Using the percentage of payment agreed to in said four paragraphs, the Commission shall then compute the sum, if any, due from each signatory state to each other signatory state and shall send a notice to the Treasurer of each signatory state setting forth in detail the sums, if any, each is to pay to and to receive from each other signatory state in reimbursement of tax losses.

Each signatory state on receipt of formal notification from the Commission of the sum which it is to pay in reimbursement for tax losses shall, not later than July first of the following year, make its payment for such tax losses to the signatory state wherein such loss or losses occur, except that in case of the first annual payment for tax losses at any dam or reservoir such payment shall be made by payor states not later than July first of the year in which the next regular session of its legislature is held.

Payment by a signatory state of its share of reimbursement for taxes in accordance with formal notification received from the Commission shall be a complete and final discharge of all liability by the payor state to the payee state for each flood control dam and reservoir within the payee state for the time specified in such formal notification. Each payee signatory state shall have full responsibility for distributing or expending all such sums received, and no agency or political subdivision shall have any claim against any signatory state other than the payee state, nor against the Commission relative to tax losses covered by such payments.

Whenever a state which makes reimbursement for tax losses and a state which received such reimbursement from it shall agree, through the Commission, on a lump sum payment in lieu of annual payments and such lump sum payment has been made and received, the requirement that the Commission annually shall determine the tax losses, compute sums due from each state and send notice thereof to the treasurer of each state shall no longer apply to the aforesaid states with respect to any flood control dam and reservoir for which lump sum payment has been made and received.

The Commonwealth of Massachusetts and the State of Connecticut each agrees to pay its respective share in reimbursement, as determined by the Commission under the procedure following, for economic losses and damages occurring by reason of ownership of property by the United States for construction and operation of a flood control dam and reservoir at any site specified in Article IV, and for any other flood control dam and reservoir constructed hereafter by the United States in the Connecticut River Valley, provided, however, that no reimbursement shall be made for speculative losses and damages or losses or damages for which the United States is liable.

On receipt of information from the Chief of Engineers that request is to be made for funds for the purpose of preparing detailed plans and specifications for any flood control dam and reservoir proposed to be constructed in the Connecticut River Valley, including those specified in Article IV, the Commission shall make an estimate of the amount of taxes which would be lost to and of economic losses and damages which would occur in political subdivisions of the signatory state wherein such dam and reservoir would be located, wholly or in part, by reason of acquisition and ownership by the United States of lands, rights or other property for the construction and operation of such flood control dam and reservoir and shall decide whether the flood control benefits to be derived in the signatory states from such flood control dam and reservoir, both by itself and as a unit of a comprehensive flood control plan, justifies, in the opinion of the Commission, the assumption by signatory states of the obligation to make reimbursement for loss of taxes and for economic losses and damages. Such estimate and decision shall thereafter be reviewed by the Commission at five-year intervals until such time as the United States shall have acquired title to the site of such flood control dam or plans for its construction are abandoned. The Commission shall notify the governor, the members of the United States Senate and the members of the United States House of Representatives from each signatory state and the Chief of Engineers as to the Commission’s decision and as to any change in such decision.

On receipt of information from the Chief of Engineers that any flood control dam and reservoir is to be constructed, reconstructed, altered or used for any purpose in addition to flood control, including those flood control dams and reservoirs heretofore constructed and those specified in Article IV, the Commission shall make a separate estimate of the amount of taxes which would be lost to and of economic losses and damages which would occur in political subdivisions of the signatory state wherein such dam and reservoir would be located, wholly or in part, by reason of acquisition and ownership by the United States of lands, rights or other property for the construction and operation of such dam and reservoir in excess of the estimated amount of taxes which would be lost and of the economic losses and damages which would occur if the dam were constructed and operated for flood control only and the Commission shall decide the extent to which, in its opinion, the signatory states would be justified in making reimbursement for loss of taxes and for economic losses and damages in addition to reimbursement for such dam and reservoir if constructed and used for flood control only. Such estimate and decision shall thereafter be reviewed by the Commission at five-year intervals until such time as such dam and reservoir shall be so constructed, reconstructed, altered or used or plans for such construction, reconstruction, alteration or use are abandoned. The Commission shall notify the governor, the members of the U.S. Senate and the members of the U.S. House of Representatives from each signatory state as to the Commission’s decision and as to any change in such decision.

Within thirty days after acquisition by the United States of the site of any flood control dam the Commission shall proceed to make a final determination of economic losses and damages occasioned by such dam and reservoir. The Commission shall not include in such determination either speculative losses and damages or losses and damages for which the United States is liable.

The Commission shall compute the share the Commonwealth of Massachusetts and the State of Connecticut shall each pay to the state wherein such dam and reservoir is located by multiplying the percentage of flood and damages, as previously determined, by the percentage of flood control benefits which the Commonwealth of Massachusetts and the State of Connecticut each receives, in the allocation by states, of the flood control benefits resulting from the dam and reservoir.

The Commission shall send a notice to the Treasurer of the Commonwealth of Massachusetts and to the Treasurer of the State of Connecticut setting forth in detail the sum, if any, each is to pay to the state wherein such dam and reservoir is located in reimbursement for economic losses and damages and shall also send such notice to the Treasurer of the state wherein such dam and reservoir is located.

The Commonwealth of Massachusetts and the State of Connecticut on receipt of such formal notification by the Commission shall each pay its share of such economic losses or damages to the signatory states wherein such losses or damages occur. Full payment by either state of the sum specified in such formal notification from the Commission as to the amount of economic losses and damages for which such state is to make reimbursement shall be a complete and final discharge of all liability by the payor state to the payee state for economic losses and damages for each flood control dam and reservoir within the payee state designated in such formal notification. Each payee signatory state shall have full responsibility for distributing or expending all such sums received and no agency, political subdivision, private person, partnership, firm, association or corporation shall have any claim against any signatory state other than the payee state, nor against the Commission relative to such economic losses and damages.

A signatory state may, in agreement with the Commission and the Chief of Engineers, acquire title or option to acquire title to any or all lands, rights or other property required for any flood control dam and reservoir within its boundaries and transfer such titles or options to the United States. Whenever the fair cost to said signatory state for such titles or options, as determined by the Commission, is greater than the amount received therefor from the United States, the Commonwealth of Massachusetts and the State of Connecticut shall each pay its share of such excess cost to said signatory state, such share to be determined by the Commission in accordance with procedure herein contained for determining reimbursement for economic losses and damages.

Whenever the Commission shall not agree, within a reasonable time or within sixty days after a formal request from the governor of any signatory state, concerning reimbursement for loss of taxes or for economic losses and damages at any flood control dam and reservoir heretofore or hereafter constructed by the United States in the Connecticut River Valley, or concerning the extent, if any, to which reimbursement shall be made for additional loss of taxes and for additional economic losses and damages caused by construction, reconstruction, alteration or use of any such dam for purposes other than flood control, the governor of each signatory state shall designate a person from his state as a member of a Board of Arbitration, hereinafter called the Board, and the members so designated shall choose one additional member who shall be Chair of such Board. Whenever the members appointed by the governors to such Board shall not agree within sixty days on such additional member of the Board, the governors of such signatory states shall jointly designate the additional member. The Board shall by majority vote decide the question referred to it and shall do so in accordance with the provisions of this compact concerning such reimbursement. The decision of the Board on each question referred to it concerning reimbursement for loss of taxes and for economic losses and damages shall be binding on the Commission and on each signatory state, notwithstanding any other provision of this compact.

§ 1157 Authority of United States—Article VI

Nothing contained in this compact shall be construed as a limitation upon the authority of the United States.

§ 1158 Expenses of Commission—Article VII

The signatory states agree to appropriate for compensation of agents and employees of the Commission and for office, administrative, travel and other expenses on recommendation of the Commission subject to limitations as follows: The Commonwealth of Massachusetts obligates itself to not more than seventy-five hundred ($7500) dollars in any one year, the State of New Hampshire obligates itself to not more than one thousand ($1000) dollars in any one year, the State of Vermont obligates itself to not more than two thousand ($2000) dollars in any one year and the State of Connecticut obligates itself to not more than sixty-five hundred ($6500) dollars in any one year.

(Amended 1989, No. 210 (Adj. Sess.), § 196; 1991, No. 5, § 63, eff. March 13, 1991.)

§ 1159 Separability of provisions—Article VIII

Should any part of this compact be held to be contrary to the constitution of any signatory state or of the United States, all other parts thereof shall continue to be in full force and effect.

§ 1160 Compact effective, when; notice of ratification—Article IX

This compact shall become operative and effective when ratified by the Commonwealth of Massachusetts and the States of New Hampshire, Vermont and Connecticut and approved by the Congress of the United States. Notice of ratification shall be given by the governor of each state to the governors of other states and to the President of the United States, and the President of the United States is requested to give notice to the governors of each of the signatory states of approval by the Congress of the United States.

Subchapter 2 Provisions Relating to Flood Control Compact

§ 1171 Connecticut River Valley Flood Control Commission; appointment; term of office

The Connecticut River Valley Flood Control Commission shall consist of three members. Biennially, in the month of February, the Governor, by and with the advice and consent of the Senate, shall appoint one member of the Commission whose term of office shall be six years from and after March 1 of the year in which he or she is appointed.

§ 1172 Vacancies in Commission membership; power of removal

The provisions of 3 V.S.A. §§ 257-259 shall apply to vacancies that may occur in the membership of said Commission from this State, and to the power of removal of any such commissioner; except that if a vacancy occurs among such membership, either by death, resignation, removal, or otherwise, between sessions of the General Assembly, the Governor shall have power to fill such vacancy by appointment until March 1 of the next biennial year.

§ 1173 Expenses of members of Commission

The members of said Commission appointed by the State of Vermont shall each receive as compensation for their services the sum of $30.00 a day for each day’s service performed in connection with the duties of such office.

§ 1174 Expenditure for support of the Connecticut Commission

The Department of Environmental Conservation shall make an expenditure for the purpose of carrying out the provisions of Article VII of the Compact, section 1158 of this title, relating to payment by the State to the Connecticut Commission of the proportionate share of the State in the expenses of said Commission. This expenditure is conditioned upon payment by the other compacting states of their proportionate amounts.

(Amended 2011, No. 162 (Adj. Sess.), § E.709.)

§ 1175 Notification of funds received; tax and economic loss

(a) The State Treasurer shall notify the Commissioner of Finance and Management when he or she receives funds from either the State of Connecticut or the Commonwealth of Massachusetts, as provided in the Connecticut River Flood Control Compact, sections 1151-1160 of this title, in reimbursement for loss of taxes and for economic losses and damages for any tax year in a town or towns of this State occasioned by ownership therein by the United States of lands, rights or other property in a flood control dam and reservoir.

(b) At the same time the State Treasurer shall transmit to the Secretary of the Agency of Natural Resources the official notification he or she has received from the Connecticut River Valley Flood Control Commission setting forth the tax loss or the economic losses and damages, as determined by the Commission according to the terms of said Compact, or as otherwise determined by the Commission, together with the part of each such loss the State of Connecticut and the Commonwealth of Massachusetts are obligated to pay.

(c) Funds received pursuant to subsection (a) of this section shall be credited to a special fund, established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, from which payments shall be made in accordance with section 1176 of this title.

(Amended 1959, No. 108, § 1; 1959, No. 328 (Adj. Sess.), § 8; 1961, No. 100, § 2; 1981, No. 222 (Adj. Sess.), § 5; 1983, No. 195 (Adj. Sess.), § 5; 1987, No. 76, § 18; 2011, No. 162 (Adj. Sess.), § E.709.1.)

§ 1176 Certifications of sums due towns; warrants

On receipt of information from the State Treasurer under section 1175 of this title, the Secretary of Natural Resources shall certify to the Commissioner of Finance and Management the sums due under the terms of the compact payable by the Commonwealth of Massachusetts and the State of Connecticut and the name of each person, partnership, corporation, or municipality to whom the sums are due. The Commissioner of Finance and Management shall issue his or her warrants accordingly.

(Amended 1959, No. 108, § 2; 1959, No. 328 (Adj. Sess.), § 8; 1961, No. 100, § 2; 1981, No. 222 (Adj. Sess.), § 6; 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 76, § 18.)

§ 1177 Maintenance of records by Secretary of Natural Resources

It shall be the sole responsibility of the Secretary of Natural Resources to keep and maintain all records, except records of warrants issued by the Commissioner of Finance and Management, in connection with and compiled as a result of sections 1175 and 1176 of this title. All departments or agencies of the State maintaining these records shall forthwith deliver the same to the Secretary of Natural Resources. (Amended 1959, No. 328 Adj. Sess.), § 8; 1961, No. 100, § 2; 1981, No. 222 (Adj. Sess.), § 7; 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 76, § 18.)

§ 1178 Reimbursement for tax losses not covered by Compact

(a) The State of Vermont shall annually reimburse its political subdivisions for the ten percent of the amount of real property, personal property is lost to them by reason of acquisition and ownership by the United States of land, rights or other property acquired by the United States for flood control dams and reservoirs, and not reimbursed by the Commonwealth of Massachusetts and the State of Connecticut under the terms of the Connecticut River Flood Control Compact, sections 1151-1160 of this title. Such total annual reimbursement by the State of Vermont under the terms of this section shall equal one-ninth of the aggregate amount determined by the Connecticut River Flood Control Commission as being due by the State of Connecticut and the Commonwealth of Massachusetts to the State of Vermont solely for the aforesaid tax losses under the terms of said compact.

(b) The Commissioner of Finance and Management shall annually issue his or her warrants in favor of those political subdivisions upon vouchers issued by the Secretary of Natural Resources at the same time as vouchers are issued for payments of reimbursement of the loss of that political subdivision by the State of Connecticut and Commonwealth of Massachusetts.

(Amended 1959, No. 328 (Adj. Sess.), § 8; 1961, No. 100, § 2; 1981, No. 222 (Adj. Sess.), § 8; 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 76, § 18.)

Subchapter 3 Connecticut River Watershed Advisory Commission

§ 1191 Purpose

The purpose of this subchapter is to provide a mechanism for a cooperative effort with the State of New Hampshire to guide any development that may occur, in a way that maximizes the conservation of the visual, ecological, and agricultural integrity of the Connecticut River watershed.

(Added 1987, No. 208 (Adj. Sess.), § 2.)

§ 1192 Policy

It is the policy of this State to join with the State of New Hampshire in a common effort to ensure that development within the Connecticut River watershed proceeds in ways that protect its outstanding ecological, scenic, recreational, historic, cultural, agricultural, fish, and wildlife values.

(Added 1987, No. 208 (Adj. Sess.), § 2.)

§ 1193 Connecticut River Watershed Advisory Commission established

(a) A Connecticut River Watershed Advisory Commission is established to develop ways to cooperate, and to initiate and encourage interstate cooperation and coordination with and between the appropriate officers of the State of Vermont and the State of New Hampshire to achieve the purpose of this subchapter. In a manner consistent with New Hampshire law, the Advisory Commission may designate citizens from Vermont municipalities bordering the Connecticut River to serve on, or coordinate with, local river management advisory groups established pursuant to New Hampshire law.

(b) The Advisory Commission shall consist of 15 members: the Secretary of Natural Resources; one member selected by each of the five regional planning commissions bordering the Connecticut River and nine at-large members appointed by the Governor who shall be residents of the Connecticut River watershed. The at-large members may include persons who are members of the General Assembly and shall include others who represent diverse interests such as forestry, tourism, fishing, boating, and land preservation and historic preservation. One or more members shall be actively farming land they own bordering the Connecticut River or its tributaries.

(c) The Secretary of Natural Resources shall promptly convene the first meeting of the Advisory Commission at which time a chairperson will be elected by the members. The chairperson shall serve for one year or until his or her successor is elected.

(d) A majority of the members of the Commission shall constitute a quorum.

(e) Members shall be entitled to compensation in accordance with the provisions of 32 V.S.A. § 1010.

(f) In the event of a vacancy occurring in the membership of the Commission, the vacancy shall be filled in the same manner as the original appointment.

(Added 1987, No. 208 (Adj. Sess.), § 2; amended 1991, No. 224 (Adj. Sess.), § 2.)

§ 1194 Support services

The Secretary of Natural Resources shall provide supportive services to the Advisory Commission.

(Added 1987, No. 208 (Adj. Sess.), § 2.)

§ 1195 Acceptance of grants and contributions

The Commission may receive and accept grants, aid, or contributions of money, property, labor, or other things of value, to be expended to carry out the purposes of this subchapter.

(Added 1987, No. 208 (Adj. Sess.), § 2.)

§ 1196 Report

Beginning in 1989 and annually thereafter, the Advisory Commission shall file a report on its activities under this subchapter. The report shall be filed with the Agency of Natural Resources, the Governor, and the General Assembly on or before July 15.

(Added 1987, No. 208 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 44b.)

§ 1197 [Reserved for future use.]

§ 1198 Recodified. 1987, No. 208 (Adj. Sess.), § 1.

Chapter 46 Interstate Waste Compact

Subchapter 1 New Hampshire-Vermont Interstate Sewage and Waste Disposal Facilities Compact

§ 1201 Compact

The State of Vermont enters into the following compact with the State of New Hampshire subject to the terms and conditions therein stated.

(Added 1975, No. 116, § 1, eff. June 29, 1975.)

§ 1202 General provisions—Article I

A. Statement of policy. It is recognized that in certain cases municipalities in New Hampshire and Vermont may, in order to avoid duplication of cost and effort, and in order to take advantage of economies of scale, find it necessary or advisable to enter into agreements whereby joint sewage and waste disposal facilities are erected and maintained. The states of New Hampshire and Vermont recognize the value of and need for such agreements, and adopt this compact in order to authorize their establishment.

B. Requirement of congressional approval. This compact shall not become effective until approved by the U.S. Congress.

C. Definitions.

1. “Sewage and waste disposal facilities” shall mean publicly owned sewers, interceptor sewers, sewerage facilities, sewage treatment facilities, and ancillary facilities whether qualifying for grants in aid under Title II of the Federal Water Pollution Control Act, as amended, or not.

2. “Municipalities” shall mean cities, towns, village districts, or other incorporated units of local government possessing authority to construct, maintain, and operate sewage and waste disposal facilities and to raise revenue therefor by bonding and taxation, which may legally impose and collect user charges and impose and enforce pretreatment conditions upon users of sewage and waste disposal facilities.

3. “Water pollution agency” shall mean the agencies within New Hampshire and Vermont possessing regulating authority over the construction, maintenance, and operation of sewage and waste disposal facilities and the administration of grants in aid from their respective state and under the Federal Water Pollution Act, as amended, for the construction of such facilities.

4. “Governing body” shall mean the legislative body of the municipality, including in the case of a town, the town meeting, and in the case of a city, the city council, or the board of mayor and aldermen or any similar body in any community not inconsistent with the intent of this definition.

(Added 1975, No. 116, § 1, eff. June 29, 1975.)

§ 1203 Procedures and conditions governing intergovernmental agreements—Article II

A. Cooperative Agreements Authorized. Any two or more municipalities, one or more located in New Hampshire and one or more located in Vermont, may enter into cooperative agreements for the construction, maintenance, and operation of a single sewage and waste disposal facility serving all the municipalities who are parties thereto.

B. Approval of Agreements. Any agreement entered into under this compact shall, prior to becoming effective, be approved by the water pollution agency of each state, and shall be in a form established jointly by said agencies of both states.

C. Method of Adopting Agreements. Agreements hereunder shall be adopted by the governing body of each municipality in accordance with existing statutory procedures for the adoption of intergovernmental agreements between municipalities within each state.

D. Review and Approval of Plans. The water pollution agency of the state in which any part of a sewage and waste disposal facility that is proposed under an agreement pursuant to this compact is proposed to be or is located is hereby authorized and required, to the extent such authority exists under its state law, to review and approve or disapprove all reports, designs, plans, and other engineering documents required to apply for federal grants in aid or grants in aid from said agency’s state, and to supervise and regulate the planning, design, construction, maintenance, and operation of said part of the facility.

E. Federal Grants and Financing.

1. Application for federal grants in aid for the planning, design and construction of sewage and waste disposal facilities other than sewers shall be made jointly by the agreeing municipalities, with the amount of the grant attributable to each state’s allotment to be based upon the relative total capacity reserves allocated to the municipalities in the respective states determined jointly by the respective state water pollution agencies. Each municipality shall be responsible for applying for federal grants for sewers to be located within the municipal boundaries.

2. Municipalities are hereby authorized to raise and appropriate revenue for the purpose of contributing pro rata to the planning, design, and construction cost of sewage and waste disposal facilities constructed and operated as joint facilities pursuant to this compact.

F. Contents of Agreements. Agreements entered into pursuant to this compact shall contain the following:

1. A uniform system of charges for industrial users of the joint sewage and waste disposal facilities.

2. A uniform set of pretreatment standards for industrial users of the joint sewage and waste disposal facilities.

3. A provision for the pro rata sharing of operating and maintenance costs based upon the ratio of actual flows to the plant as measured by devices installed to gauge such flows with reasonable accuracy.

4. A provision establishing a procedure for the arbitration and resolution of disputes.

5. A provision establishing a procedure for the carriage of liability insurance, if such insurance is necessary under the laws of either state.

6. A provision establishing a procedure for the modification of the agreement.

7. A provision establishing a procedure for the adoption of regulations for the use, operation, and maintenance of the joint facilities.

8. A provision setting forth the means by which the municipality that does not own the joint sewage and waste disposal facility will pay the other municipality its share of the maintenance and operating costs of said facility.

H. Nothing in this compact shall be construed to authorize the establishment of interstate districts, authorities, or any other new governmental or quasi-governmental entity.

(Added 1975, No. 116, § 1, eff. June 29, 1975.)

§ 1204 Effective date—Article III

A. This compact shall become effective when a bill of the New Hampshire General Court that incorporates the compact becomes a law in New Hampshire and when it is approved by the U.S. Congress.

(Added 1975, No. 116, § 1, eff. June 29, 1975; amended 2019, No. 14, § 28, eff. April 30, 2019.)

Subchapter 2 New Hampshire-Vermont Solid Waste Compact

§ 1222 General provisions—Article I

A. Statement of policy. It is recognized that municipalities in New Hampshire and Vermont may, in order to avoid duplication of cost and effort, and, in order to take advantage of economies of scale, find it necessary or desirable to enter into an arrangement whereby joint solid waste disposal and resource recovery facilities are constructed and maintained. The states of New Hampshire and Vermont recognize the value of and the need for such a cooperative agreement to capture the economic benefits of reduced solid waste disposal costs and to enhance the economy through a reduction in demand for imported energy and the promotion of employment. Furthermore, the states of New Hampshire and Vermont recognize the value of and the need for such a cooperative agreement to maintain a safe and healthy environment, including a clean and renewable supply of the water resources.

B. Requirement of administrative and congressional approval. This compact shall not become effective until approved by the administrator of the U.S. Environmental Protection Agency and the U.S. Congress.

C. Definitions.

1. “Resource recovery facility” shall mean any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise, separating and preparing solid waste for reuse.

2. “Municipalities” shall mean in Vermont a municipality as defined in 1 V.S.A. § 126 and a union municipal district established under the authority of 24 V.S.A. chapter 121; shall mean in New Hampshire a public agency as defined in RSA 53-A:2 and a regional refuse disposal district established under the authority of RSA 53-B.

3. “Solid waste agencies” shall mean those agencies within New Hampshire and Vermont possessing authority to regulate solid waste disposal and to administer the Resource Conservation and Recovery Act of 1976, as amended (42 USCA Chapter 82).

4. “Sanitary landfills” shall mean a facility for the disposal of solid waste that meets the criteria published under 42 USCA § 6944 of the Resource Conservation and Recovery Act of 1976, as amended.

5. “Solid waste” shall mean any garbage, refuse, metal goods, tires, demolition and construction waste, yard waste, and sludge from a waste water treatment plant, or other discarded materials, possessing no value to the producer in its present form where it is located, produced by normal residential, commercial, and industrial activities, but does not include hazardous waste.

6. “Hazardous waste” shall mean any solid, semi-solid, liquid, or contained gaseous waste, or any combination of these wastes, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may: (a) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed, or any waste classified as hazardous at any time under applicable laws and regulations of the United States, New Hampshire, and Vermont or any subdivision thereof pursuant to a valid grant of authority.

(Added 1981, No. 32, § 3.)

§ 1223 Procedures and conditions governing intergovernmental agreements—Article II

A. Cooperative Agreements Authorized. Any two or more municipalities, one or more located in New Hampshire and one or more located in Vermont, may enter into cooperative agreements for the construction, maintenance, and operation of a resource recovery facility or sanitary landfill or both and those related services needed for the efficient operation thereof. The agreement may also include the sale of energy and other byproducts.

B. Approval of Agreements. Any agreement entered into under this compact shall, prior to becoming effective, be approved by the solid waste agencies of both New Hampshire and Vermont as in conformance with each state’s solid waste management plan.

C. Method of Adopting Agreements. Agreements hereunder shall be adopted in accordance with existing statutory procedures for the adoption of intergovernmental agreements between municipalities within each state, and further in New Hampshire, as provided in RSA Chapter 53-B.

D. Review and Approval of Plans. The solid waste agencies of the state in which any part of a solid waste disposal and resource recovery facility that is proposed under an agreement pursuant to this compact is proposed to be or is located is hereby authorized and required, to the extent such authority exists under its state law to assure that the proposed facility is compatible with the existing state plan.

E. Contents of Agreements. Agreements entered into pursuant to this compact shall contain the following:

1. Duration of the agreement.

2. Purpose of the agreement.

3. Provision for a joint board and/or administrator responsible for administering the cooperative undertaking and the powers to be exercised thereby. All municipalities party to the agreement shall be represented.

4. The manner of acquiring, holding, and disposing of real and personal property used in the cooperative undertaking.

5. The manner of financing the cooperative undertaking and establishing a budget therefor.

6. The manner and method of establishing and imposing fair and equitable charges for the users of the facilities.

7. A provision establishing a procedure for the arbitration of disputes.

8. The conditions and procedure under which a municipality may withdraw from or be added to a cooperative agreement.

9. The manner in which the agreement may be amended.

10. The methods to be employed in the termination of the agreement and for disposing of property upon termination.

(Added 1981, No. 32, § 3.)

§ 1224 Effective date—Article III

A. This compact shall become effective when ratified by New Hampshire and Vermont and approved by the U.S. Congress.

(Added 1981, No. 32, § 3.)

Chapter 46A Interstate Public Water Supply Compact

Subchapter 1 New Hampshire-Vermont Interstate Public Water Supply Compact

§ 1231 Compact

The State of Vermont enters into the following compact with the State of New Hampshire subject to the terms and conditions therein stated.

(Added 1995, No. 37, § 1.)

§ 1232 General provisions—Article I

A. Statement of policy. It is recognized that in certain cases municipalities in New Hampshire and Vermont may, in order to avoid duplication of cost and effort, and in order to take advantage of economies of scale, find it necessary or advisable to enter into agreements whereby joint public water supply facilities are erected and maintained. The states of New Hampshire and Vermont recognize the value of and need for such agreements, and adopt this compact in order to authorize their establishment.

B. Requirement of congressional approval. This compact shall not become effective until approved by the U.S. Congress.

C. Definitions.

1. “Public water supply facilities” shall mean publicly owned water supply sources, storage, treatment, transmission, and distribution facilities and ancillary facilities regardless of whether or not the same qualify for federal or state construction grants-in-aid.

2. “Municipalities” shall mean cities, towns, village districts, or other incorporated units of local government possessing authority to construct, maintain, and operate public water supply facilities and to raise revenue therefor by bonding and taxation, that may legally impose and collect user charges and impose and enforce regulatory control upon users of public water supply facilities.

3. “Water supply agency” shall mean the agencies within New Hampshire and Vermont possessing regulating authority over the construction, maintenance, and operation of public water supply facilities and the administration of grants-in-aid from their respective state for the construction of such facilities.

4. “Governing body” shall mean the legislative body of the municipality.

(Added 1995, No. 37, § 1.)

§ 1233 Procedures and conditions governing intergovernmental agreements—Article II

A. Cooperative Agreements Authorized. Any two or more municipalities, one or more located in New Hampshire and one or more located in Vermont, may enter into cooperative agreements for the construction, maintenance, and operation of public water supply facilities serving all the municipalities who are parties thereto.

B. Approval of Agreements. Any agreement entered into under this compact shall, prior to becoming effective, be approved by the water supply agency of each state, and shall be in a form established jointly by said agencies of both states.

C. Method of Adopting Agreements. Agreements shall be adopted by the governing body of each municipality in accordance with statutory procedures for the adoption of interlocal agreements between municipalities within each state; provided that before a Vermont municipality may enter into such agreement, the proposed agreement shall be approved by the voters.

D. Review and Approval of Plans. The water supply agency of the state in which any part of a public water supply facility which is proposed under an agreement pursuant to this compact is proposed to be or is located, is hereby authorized and required, to the extent such authority exists under its state law, to review and approve or disapprove all reports, designs, plans, and other engineering documents required to apply for federal grants-in-aid or grants-in-aid from said agency’s state, and to supervise and regulate the planning, design, construction, maintenance, and operation of said part of the facility.

E. Federal Grants and Financing.

1. Application for federal grants-in-aid for the planning, design, and construction of public water supply facilities other than distribution facilities shall be made jointly by the agreeing municipalities, with the amount of the grant attributable to each state’s allotment to be based upon the relative total capacity reserves allocated to the municipalities in the respective states determined jointly by the respective state water supply agencies. Each municipality shall be responsible for applying for federal and state grants for distribution facilities to be located within the municipal boundaries.

2. Municipalities are hereby authorized to raise and appropriate revenue for the purpose of contributing pro rata to the planning, design, and construction cost of public water supply facilities constructed and operated as joint facilities pursuant to this compact.

F. Contents of Agreements. Agreements entered into pursuant to this compact shall contain at least the following:

1. A system of charges for users of the joint public water supply facilities.

2. A uniform set of standards for users of the joint public water supply facilities.

3. A provision for the pro rata sharing of operating and maintenance costs based upon the ration of actual usage as measured by devices installed to gauge such usage with reasonable accuracy.

4. A provision establishing a procedure for the arbitration and resolution of disputes.

5. A provision establishing a procedure for the carriage of liability insurance, if such insurance is necessary under the laws of either state.

6. A provision establishing a procedure for the modification of the agreement.

7. A provision establishing a procedure for the adoption of regulations for the use, operation, and maintenance of the public water supply facilities.

8. A provision setting forth the means by which the municipality that does not own the joint public water supply facility will pay the other municipality its share of the maintenance and operating costs of said facility.

G. Applicability of State Laws. Cooperative agreements entered into by municipalities under this compact shall be consistent with, and shall not supersede, the laws of the state in which each municipality is located. Notwithstanding any provision of this compact, actions taken by a municipality pursuant to this compact, or pursuant to an agreement entered into under this compact, including the incurring of obligations or the raising and appropriating of revenue, shall be valid only if taken in accordance with the laws of the state in which such municipality is located.

(Added 1995, No. 37, § 1.)

§ 1234 Construction

Nothing in this compact shall be construed to authorize the establishment of interstate districts, authorities, or any other new governmental or quasi-governmental entity.

(Added 1995, No. 37, § 1.)

§ 1235 Effective date—Article III

This compact shall become effective when a bill of the New Hampshire General Court that incorporates the compact becomes a law in New Hampshire and when it is approved by the U.S. Congress.

(Added 1995, No. 37, § 1; amended 2019, No. 14, § 29, eff. April 30, 2019.)

Chapter 47 Water Pollution Control

Subchapter 1 Water Pollution Control

§ 1250 State water quality policy

It is the policy of the State of Vermont to:

(1) protect and enhance the quality, character and usefulness of its surface waters and to assure the public health;

(2) maintain the purity of drinking water;

(3) control the discharge of wastes to the waters of the State, prevent degradation of high quality waters and prevent, abate or control all activities harmful to water quality;

(4) assure the maintenance of water quality necessary to sustain existing aquatic communities;

(5) provide clear, consistent, and enforceable standards for the permitting and management of discharges;

(6) protect from risk and preserve in their natural state certain high quality waters, including fragile high-altitude waters, and the ecosystems they sustain;

(7) manage the waters of the State to promote a healthy and prosperous agricultural community; to increase the opportunities for use of the State’s forest, park, and recreational facilities; and to allow beneficial and environmentally sound development; and

(8) seek over the long term to upgrade the quality of waters and to reduce existing risks to water quality.

(Added 1985, No. 199 (Adj. Sess.), § 1, eff. May 17, 1986; amended 2019, No. 14, § 30, eff. April 30, 2019.)

§ 1251 Definitions

Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context:

(1) “Board” means the Secretary of Natural Resources.

(2) “Department” means the Department of Environmental Conservation.

(3) “Discharge” means the placing, depositing, or emission of any wastes or pollutants, directly or indirectly, into an injection well or into the waters of the State.

(4) “Effluent limitation” means any restrictions or prohibitions established in accordance with the provisions of this chapter or under federal law including effluent limitations, standards of performance for new sources, and toxic effluent standards, on quantities, rates, and concentrations of chemical, physical, biological, and other constituents that are discharged to waters of the State, including schedules of compliance.

(5) “Hazardous materials” means any material determined by the Secretary to have an unusually harmful effect on water quality if discharged to the waters of the State.

(6) “Mixing zone” means a length or area within the waters of the State required for the dispersion and dilution of waste discharges adequately treated to meet federal and State treatment requirements and within which it is recognized that specific water uses or water quality criteria associated with the assigned classification for such waters may not be realized. The mixing zone shall not extend more than 200 feet from the point of discharge.

(7) “Oil” means oil of any kind, including petroleum; fuel oils; oily sludge; waste oil; gasoline; kerosene; jet fuel; tar; asphalt; crude oils; lube oil; insoluble or partially soluble derivatives of mineral, animal, or vegetable oils; or any product or mixture thereof.

(8) “Person” means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity.

(9) “Public interest” means that which is for the greatest benefit to the people of the State as determined by the standards set forth in subsection 1253(e) of this title.

(10) “Schedule of compliance” means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation or any other limitation, prohibition, or standard, including any water quality standard.

(11) “Secretary” means the Secretary of Natural Resources or authorized representative.

(12) “Waste” means effluent, sewage, or any substance or material, liquid, gaseous, solid, or radioactive, including heated liquids, whether or not harmful or deleterious to waters; provided, however, the term “sewage” as used in this chapter shall not include the rinse or process water from a cheese manufacturing process.

(13) “Waters” or “waters of the State” includes all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, all artificial or natural bodies of surface waters, and waters of the United States, as that term is defined under the federal Clean Water Act, that are contained within, flow through, or border upon the State or any portion of it.

(14) “Injection well” means any opening in the ground used as a means of discharging waste except for a dry hole not exceeding seven feet in depth that is constructed as, and used solely for the disposal of domestic wastes.

(15) “Indirect discharge” means any discharge to groundwater, whether subsurface, land-based, or otherwise.

(16) “Waste management zone” means a specific reach of Class B waters designated by a permit to accept the discharge of properly treated wastes that prior to treatment contained organisms pathogenic to human beings. Throughout the receiving waters, water quality criteria must be achieved but increased health risks exist due to the authorized discharge.

(17) “Basin plan” means a plan prepared by the Secretary for each of Vermont’s 17 basins in conjunction with the basin planning process required by section 303(e) of the federal Clean Water Act and 40 C.F.R. part 131.

(18) [Repealed.]

(19) “Stormwater utility” means a system adopted by a municipality or group of municipalities under 24 V.S.A. chapter 97, 101, or 105 for the management of stormwater runoff.

(20) “Direct discharge” means the placing, depositing, or emission of any waste or pollutant directly into waters.

(21) “Pollutant” means dredged spoil; solid waste; incinerator residue; sewage; garbage; sewage sludge; munitions; chemical wastes; biological materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; and industrial, municipal, and agricultural waste discharged into water.

(Amended 1961, No. 100, § 2; 1964, No. 37 (Sp. Sess.), § 2; 1969, No. 252 (Adj. Sess.), § 1, eff. April 4, 1970; 1973, No. 103, § 2, eff. April 24, 1973; 1973, No. 112, § 3, eff. April 25, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 2, eff. May 17, 1986; 1987, No. 76, § 18; 1991, No. 157 (Adj. Sess.), § 4, eff. May 5, 1992; 1991, No. 211 (Adj. Sess.), § 1; 2003, No. 115 (Adj. Sess.), § 24, eff. Jan. 31, 2005; 2015, No. 103 (Adj. Sess.), § 2, eff. May 12, 2016; 2015, No. 158 (Adj. Sess.), § 32, eff. June 2, 2016; 2017, No. 185 (Adj. Sess.), § 15, eff. May 28, 2018; 2025, No. 67, § 7, eff. July 1, 2025.)

§ 1251a Water pollution administration

(a) The Secretary may adopt rules, in accordance with the procedures in the Administrative Procedure Act, that are necessary for the proper administration of the Secretary’s duties under this subchapter, including a planning process approvable under Public Law 92-500, as amended.

(b) The Secretary shall establish by rule requirements for the issuance of permits under subsection 1259(e) of this title, including in-stream water quality parameters necessary to establish permit conditions and performance monitoring; however, these in-stream water quality parameters shall not supersede water quality standards adopted by the Secretary.

(c) On or before July 1, 2016, the Secretary of Natural Resources shall adopt by rule an implementation process for the antidegradation policy in the water quality standards of the State. The implementation process for the antidegradation policy shall be consistent with the State water quality policy established in section 1250 of this title, the Vermont Water Quality Standards, and any applicable requirements of the federal Clean Water Act. The Secretary of Natural Resources shall apply the antidegradation implementation policy to all new discharges that require a permit under this chapter.

(Added 1981, No. 222 (Adj. Sess.), § 25; amended 1985, No. 199 (Adj. Sess.), § 4, eff. May 17, 1986; 1989, No. 64, § 2, eff. May 24, 1989; 1997, No. 155 (Adj. Sess.), § 34; 2003, No. 115 (Adj. Sess.), § 25, eff. Jan. 31, 2005; 2007, No. 43, § 6a, eff. May 23, 2007; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2015, No. 64, § 30.)

§ 1252 Classification of high quality waters; mixing zones

(a) The State adopts, for the purposes of individually classifying the uses of its high quality waters, the following classes and definitions:

Class A(1): Waters in a natural condition that have significant ecological value;

Class A(2): Waters that are suitable for a public water source with filtration and disinfection or other required treatment; character uniformly excellent.

Class B(1): Waters in which one or more uses are of demonstrably and consistently higher quality than Class B(2) waters; or

Class B(2): Waters that are suitable for swimming and other primary contact recreation; irrigation and agricultural uses; aquatic biota and aquatic habitat; good aesthetic value; boating, fishing, and other recreational uses and suitable for public water source with filtration and disinfection or other required treatment.

(b) The Secretary may establish mixing zones or waste management zones as necessary in the issuance of a permit in accordance with this section and criteria established by rule. Those waters authorized under this chapter, as of July 1, 1992, to receive the direct discharge of wastes that prior to treatment contained organisms pathogenic to human beings are designated waste management zones for those discharges. Those waters that as of July 1, 1992 are Class C waters into which no direct discharge of wastes that prior to treatment contained organisms pathogenic to human beings is authorized, shall become waste management zones for any municipality in which the waters are located that qualifies for a discharge permit under this chapter for those wastes prior to July 1, 1997.

(c) Upon issuance or renewal of any discharge permit, subsequent to July 1, 1992, involving a discharge into a waste management zone created pursuant to subsection (b) of this section, the Secretary shall adjust the size of the waste management zone to the extent necessary to accommodate the authorized discharge.

(d) Prior to the initial authorization of a new waste management zone, except those created pursuant to subsection (b) of this section, or prior to the expansion of the size of an existing zone created under this section, in order to accommodate an increased discharge, the Secretary shall:

(1) Prepare a draft permit which includes a description of the proposed waste management zone and proceed in accordance with subsections 7713(c), (d), and (e) of this title.

(2) Give due consideration to the cumulative impact of overlapping waste management zones.

(3) Determine that the creation or expansion of such a waste management zone is in the public interest after giving due consideration to the factors specified in subdivisions 1253(e)(1) through (10) of this title.

(4) Determine that the creation or expansion of such a zone will not:

(A) create a public health hazard; or

(B) constitute a barrier to the passage or migration of fish or result in an undue adverse effect on fish, aquatic biota, or wildlife; or

(C) interfere with those uses that have actually occurred on or after November 28, 1975, in or on a water body, whether or not the uses are included in the standard for classification of the particular water body; or

(D) be inconsistent with the anti-degradation policy in the water quality standards.

(5) Provide a written explanation with respect to subdivisions (2) through (4) of this subsection.

(e) The Secretary shall adopt standards of water quality to achieve the purposes of the water classifications. Such standards shall be expressed in detailed water quality criteria, taking into account the available data and the effect of these criteria on existing activities, using as appropriate: (1) numerical values, (2) biological parameters; and (3) narrative descriptions. These standards shall establish limits for at least the following: alkalinity, ammonia, chlorine, fecal coliform, color, nitrates, oil and grease, dissolved oxygen, pH, phosphorus, temperature, all toxic substances for which the U.S. Environmental Protection Agency has established criteria values, and any other water quality parameters deemed necessary by the Board.

(f) The Secretary may issue declaratory rulings regarding these standards.

(g) Notwithstanding the provisions of subsection 1259(c) of this title and rules implementing that subsection, the Secretary may issue a discharge permit pursuant to section 1263 of this title, for a municipal discharge of treated municipal waste into Class B waters, if that municipal discharge was established prior to January 1, 1974 and was, as of January 1, 1990, occurring pursuant to authorization contained in an assurance of discontinuance.

(h) A discharge permit issued pursuant to subsection (g) of this section may not authorize an increase in mass pollutant loading beyond that contained in the assurance of discontinuance.

(Amended 1961, No. 101; 1964, No. 37 (Sp. Sess.), § 3; 1967, No. 181, § 1, eff. April 17, 1967; 1973, No. 103, § 3, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 5, eff. May 17, 1986; 1989, No. 278 (Adj. Sess.), § 5; 1991, No. 211 (Adj. Sess.), § 2; 2011, No. 138 (Adj. Sess.), § 21, eff. May 14, 2012; 2015, No. 79 (Adj. Sess.), § 1, eff. April 28, 2016; 2015, No. 150 (Adj. Sess.), § 15, eff. Jan. 1, 2018.)

§ 1253 Classification of waters designated; reclassification

(a) The waters of all lakes, ponds, and reservoirs, natural or artificial, used exclusively as a public water source prior to July 1, 1971, and all waters flowing into such lakes, ponds, and reservoirs, and all waters located above 2,500 feet altitude, National Geodetic Vertical Datum, are designated Class A waters and shall be maintained as such unless reclassified.

(b) The remaining waters are designated Class B(2) waters and shall be maintained as such unless reclassified.

(c) On its own motion, or on receipt of a written request that the Secretary adopt, amend, or repeal a reclassification rule, the Secretary shall comply with 3 V.S.A. § 806 and may initiate a rulemaking proceeding to reclassify one or more uses of all or any portion of the affected waters in the public interest. In the course of this proceeding, the Secretary shall comply with the provisions of 3 V.S.A. chapter 25 and may hold a public hearing convenient to the waters in question. If the Secretary finds that the established classification is contrary to the public interest and that reclassification is in the public interest, he or she shall file a final proposal of reclassification in accordance with 3 V.S.A. § 841. If the Secretary finds that it is in the public interest to change the classification of any pond, lake, or reservoir designated as Class A for a public water source, the Secretary shall so advise and consult with the Department of Health and shall provide in its reclassification rule a reasonable period of time before the rule becomes effective. During that time, any municipalities or persons whose water source is affected shall construct filtration and disinfection facilities or convert to a new water source.

(d)(1) Through the process of basin planning, the Secretary shall determine what degree of water quality and classification should be obtained and maintained for those waters not classified by the Board before 1981 following the procedures in sections 1254 and 1258 of this title. Those waters shall be classified in the public interest. The Secretary shall prepare and maintain an overall surface water management plan to assure that the State water quality standards are met in all State waters. The surface water management plan shall include a schedule for updating the basin plans. The Secretary, in consultation with regional planning commissions and the Natural Resources Conservation Council, shall revise all 15 basin plans and update the basin plans on a five-year rotating basis. On or before January 15 of each year, the Secretary shall report to the House Committees on Agriculture, Food Resiliency, and Forestry and on Environment and to the Senate Committees on Agriculture and on Natural Resources and Energy regarding the progress made and difficulties encountered in revising basin plans. The report shall include a summary of basin planning activities in the previous calendar year, a schedule for the production of basin plans in the subsequent calendar year, and a summary of actions to be taken over the subsequent three years. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

(2) In developing a basin plan under this subsection, the Secretary shall:

(A) identify waters that should be reclassified outstanding resource waters or that should have one or more uses reclassified under section 1252 of this title;

(B) identify wetlands that should be reclassified as Class I wetlands;

(C) identify projects or activities within a basin that will result in the protection and enhancement of water quality;

(D) review the evaluations performed by the Secretary under subdivisions 922(a)(1) and (2) of this title and update those findings based on any new data collected as part of a basin plan;

(E) for projects in the basin that will result in enhancement of resources, including those that protect high quality waters of significant natural resources, the Secretary shall identify the funding needs beyond those currently funded by the Clean Water Fund;

(F) ensure that municipal officials, citizens, natural resources conservation districts, regional planning commissions, watershed groups, and other interested groups and individuals are involved in the basin planning process;

(G) ensure regional and local input in State water quality policy development and planning processes;

(H) provide education to municipal officials and citizens regarding the basin planning process;

(I) develop, in consultation with the regional planning commission, an analysis and formal recommendation on conformance with the goals and objectives of applicable regional plans;

(J) provide for public notice of a draft basin plan;

(K) provide for the opportunity of public comment on a draft basin plan; and

(L) identify opportunities to mitigate impacts of severe precipitation events on communities through implementation of nature-based restoration projects or practices that increase natural flood water attenuation and storage.

(3) The Secretary shall, contingent upon the availability of funding, negotiate and issue performance grants to the Vermont Association of Planning and Development Agencies or its designee, the Natural Resources Conservation Council or its designee, and to Watersheds United Vermont or its designee to assist in or to produce a basin plan under the schedule set forth in subdivision (1) of this subsection in a manner consistent with the authority of regional planning commissions under 24 V.S.A. chapter 117 and the authority of the natural resources conservation districts under chapter 31 of this title. When negotiating a scope of work with the Vermont Association of Planning and Development Agencies or its designee, the Natural Resources Conservation Council or its designee, and Watersheds United Vermont or its designee to assist in or produce a basin plan, the Secretary may require the Vermont Association of Planning and Development Agencies, the Natural Resources Conservation Council, or Watersheds United Vermont to:

(A) conduct any of the activities required under subdivision (2) of this subsection (d);

(B) provide technical assistance and data collection activities to inform municipal officials and the State in making water quality investment decisions;

(C) coordinate municipal planning and adoption or implementation of municipal development regulations better to meet State water quality policies and investment priorities; or

(D) assist the Secretary in implementing a project evaluation process to prioritize water quality improvement projects within the region to ensure cost-effective use of State and federal funds.

(e) In determining the question of public interest, the Secretary shall give due consideration to, and explain his or her decision with respect to, the following:

(1) existing and obtainable water qualities;

(2) existing and potential use of waters as a public water source, recreational, agricultural, industrial, and other legitimate purposes;

(3) natural sources of pollution;

(4) public and private pollution sources and the alternative means of abating the same;

(5) consistency with the State water quality policy established in section 1250 of this title;

(6) suitability of waters as habitat for fish, aquatic life, and wildlife;

(7) need for and use of minimum streamflow requirements;

(8) federal requirements for classification and management of waters;

(9) consistency with applicable municipal, regional, and State plans; and

(10) any other factors relevant to determine the maximum beneficial use and enjoyment of waters.

(f) Notwithstanding the provisions of subsection (c) of this section, when reclassifying waters to Class A, the Secretary need find only that the reclassification is in the public interest.

(g) The Secretary under the reclassification rule may grant permits for only a portion of the assimilative capacity of the receiving waters or may permit only indirect discharges from on-site disposal systems, or both.

[Subsection (h) effective upon amendment of Vermont Water Quality Standards.]

(h)(1) The Secretary shall administer a Clean Water Act Section 401 certification program to review activities that require a federal license or permit or activities subject to regulation under chapter 41, subchapter 4 of this title to ensure that a proposed activity complies with the Vermont Water Quality Standards, as well as with any other appropriate requirement of State law, including:

(A) 10 V.S.A. chapter 37 (wetlands protection and water resources management);

(B) 10 V.S.A. chapter 41 (regulation of stream flow);

(C) 10 V.S.A. § 1264 (stormwater management);

(D) 29 V.S.A. chapter 11 (management of lakes and ponds); and

(E) the Agency of Natural Resources Rules for Water Withdrawals for Snowmaking.

(2) The Secretary of Natural Resources shall not grant an application for certification under Section 401 of the Clean Water Act unless the applicant demonstrates all of the following:

(A) there is no practicable alternative to the proposed activity that would have a less adverse impact on waters and wetlands of the State and provided that any proposed alternative shall not have other significant adverse human health, safety, or environmental consequences;

(B) the proposed activity will not result in the violation of any applicable water quality criteria established in the Vermont Water Quality Standards; and

(C) the proposed activity will not result in a violation of the State’s antidegradation policy.

(3)(A) An alternative is considered practicable under subdivision (2)(A) of this subsection (h) if it is available and capable of being completed after taking into consideration cost, existing technology, and logistics in light of overall purposes of the proposed activity.

(B) Failure to comply with the requirements of subdivision (2)(A) of this subsection (h) shall not be the basis for denial of an application for a certification under Section 401 of the Clean Water Act if the proposed activity is exempt from those requirements under a rule adopted by the Secretary.

(4) The Secretary may issue a certification required by this subsection to any general permit or authorization issued by a federal agency. An applicant’s compliance with that federal permit or authorization shall be presumed to be in compliance with the certification unless the Secretary determines that an individual review of the applicant’s activity is necessary to assure compliance with the Vermont Water Quality Standards and other appropriate State laws.

(Amended 1961, No. 100, § 2; 1964, No. 37 (Sp. Sess.), § 4; 1969, No. 252 (Adj. Sess.), § 2, eff. July 1, 1971; 1973, No. 3, eff. Feb. 8, 1973; 1973, No. 103, § 16, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 6, eff. May 17, 1986; 1987, No. 154 (Adj. Sess.), §§ 1, 2, eff. April 20, 1988; 1991, No. 211 (Adj. Sess.), § 3; 1999, No. 114 (Adj. Sess.), § 2, eff. May 19, 2000; 2003, No. 115 (Adj. Sess.), § 26, eff. Jan. 31, 2005; 2009, No. 33, § 25; 2011, No. 138 (Adj. Sess.), § 22, eff. May 14, 2012; 2013, No. 142 (Adj. Sess.), § 18; 2015, No. 64, § 26; 2015, No. 79 (Adj. Sess.), § 2, eff. April 28, 2016; 2015, No. 154 (Adj. Sess.), § 12, eff. June 1, 2016; 2017, No. 113 (Adj. Sess.), § 44c; 2017, No. 168 (Adj. Sess.), § 4, eff. May 22, 2018; 2019, No. 76, § 2; 2021, No. 32, § 1; 2021, No. 135 (Adj. Sess.), § 2, eff. July 1, 2022; 2023, No. 121 (Adj. Sess.), § 25, eff. July 1, 2024.)

§ 1254 Classification of waters by Secretary; aid

In classifying or reclassifying the waters of the State, the Secretary is authorized to call upon any State department or agency for any pertinent information, other than information of a confidential nature, that the department or agency has or could obtain easily in the course of its work.

(Amended 1961, No. 100, § 2; 1969, No. 252 (Adj. Sess.), § 3, eff. April 4, 1970; 1981, No. 222 (Adj. Sess.), § 25; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)

§§ 1255-1257 [Omitted.]

§ 1258 Management of waters after classification, enforcement

(a) After the classification of any waters has been determined by the Secretary, those waters shall be managed under the supervision of the Secretary in order to obtain and maintain the classification established. The Secretary may enforce a classification against any person affected thereby who, with notice of the classification, has failed to comply. An action to enforce a classification shall be brought in the Superior Court of the county wherein the affected waters are located.

(b) The Secretary shall manage discharges to the waters of the State by administering a permit program consistent with the National Pollutant Discharge Elimination System established by section 402 of Public Law 92-500 and with the guidelines promulgated in accordance with section 304(h)(2) of Public Law 92-500. The Secretary shall use the full range of possibilities and variables allowable under these sections of Public Law 92-500, including general permits, as are consistent with meeting the objectives of the Vermont Water Pollution Control Program. The Secretary shall adopt a continuing planning process approvable under section 303(e) of Public Law 92-500. Neither the Secretary nor his or her duly authorized representative may receive or during the previous two years have received a significant portion of his or her income directly or indirectly from permit holders or applicants for a permit under this chapter.

(Amended 1969, No. 252 (Adj. Sess.), § 6, eff. April 4, 1970; 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 103, § 4, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1987, No. 282 (Adj. Sess.), § 12; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)

§ 1259 Prohibitions

(a) No person shall discharge any waste, substance, or material into waters of the State, nor shall any person discharge any waste, substance, or material into an injection well or discharge into a publicly owned treatment works any waste that interferes with, passes through without treatment, or is otherwise incompatible with those works or would have a substantial adverse effect on those works or on water quality, without first obtaining a permit for that discharge from the Secretary. This subsection shall not prohibit the proper application of fertilizer to fields and crops, nor reduce or affect the authority or policy declared in Joint House Resolution 7 of the 1971 Session of the General Assembly.

(b) Any records or information obtained under this permit program that constitutes trade secrets under 1 V.S.A. § 317(c)(9) shall be kept confidential, except that such records or information may be disclosed to authorized representatives of the State and the United States when relevant to any proceedings under this chapter.

(c) No person shall cause a direct discharge into Class A waters of any wastes that, prior to treatment, contained organisms pathogenic to human beings. Except within a waste management zone, no person shall cause a direct discharge into Class B waters of any wastes that prior to treatment contained organisms pathogenic to human beings.

(d) No person shall cause a discharge of wastes into Class A waters, except for on-site disposal of sewage from systems with a capacity of 1,000 gallons per day (gpd), or less, that are either exempt from or comply with the environmental protection rules, or existing systems, which shall require a permit according to the provisions of subsection 1263(f) of this title.

(e) Except for on-site disposal of sewage from systems of less than 6,500 gpd capacity that are either exempt from or comply with the environmental protection rules, no person shall cause any new or increased indirect discharge of wastes into Class B waters without a permit under section 1263 of this title. The Secretary shall not issue a permit for on-site disposal of sewage that discharges into Class B waters, unless the applicant demonstrates by clear and convincing evidence, and the Secretary finds, that the discharge:

(1) will not significantly alter the aquatic biota in the receiving waters;

(2) will not pose more than a negligible risk to public health;

(3) will be consistent with existing and potential beneficial uses of the waters; and

(4) will not cause a violation of water quality standards.

(f) Provided that the introduction of wastes are from sources that do not discharge pollutants from a point source into waters of the State, and comply with the federal Clean Water Act and federal CAFO regulation, the following activities shall not require a VPDES permit under section 1263 of this title:

(1) required agricultural practices, as adopted by rule by the Secretary of Agriculture, Food and Markets; or

(2) accepted silvicultural practices, as defined by the Commissioner of Forests, Parks and Recreation, including practices that are in compliance with the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the Commissioner of Forests, Parks and Recreation.

(g) Nothing in this chapter shall prohibit the Secretary from approving nondischarging sewage treatment systems that the Secretary finds are safe, reliable, and effective.

(h) The Secretary shall adopt rules to ensure that the installation of two or more systems discharging sewage will not result in the circumvention of the purposes of this chapter or the requirements of this section.

(i) The Secretary shall regulate AFOs in accordance with federal requirements, and the VPDES CAFO Rules, and the Secretary of Agriculture, Food and Markets shall implement the State nonpoint source pollution control program planning, implementation, and regulation. This concurrent authority ensures comprehensive water quality protection and implements equivalent State nonpoint source pollution controls on farms not covered by the Clean Water Act. The Agencies shall cooperate and share information to enable effective and consistent regulation and enforcement. Not later than September 1, 2025, the Agency of Natural Resources, in consultation with the U.S. Environmental Protection Agency and the Agency of Agriculture, Food and Markets, shall issue a document that sets forth the respective roles and responsibilities of the Agency of Natural Resources in implementing the Clean Water Act on farms and responsibilities of the Agency of Agriculture, Food and Markets in implementing the State’s complementary nonpoint source program on farms. The document shall replace the existing memorandum of understanding between the agencies. The Secretary shall post the draft document and information regarding the document on the Agency’s website, shall issue public notice by press release and social media, shall submit the draft documents to the Senate Committees on Agriculture and on Natural Resources and Energy and the House Committees on Agriculture, Food Resiliency, and Forestry and on Environment, and shall allow for public comment. The proposed document shall be available for 30 days after the final date of publication for public review and comment. The Secretary of Natural Resources, in consultation with the Secretary of Agriculture, Food and Markets, shall review the document every five years to ensure compliance with the requirements of the Clean Water Act. If the document is substantially revised, it first shall be noticed in the same manner that applies to the initial memorandum. Actions by the Secretary of Agriculture, Food and Markets under this section shall be consistent with the water quality standards and water pollution control requirements of this chapter and the federal Clean Water Act as amended.

(j) No person shall discharge waste from hydraulic fracturing, as that term is defined in 29 V.S.A. § 503, into or from a pollution abatement facility, as that term is defined in section 1278 of this title.

(Amended 1967, No. 181, § 2, eff. April 17, 1967; 1969, No. 252 (Adj. Sess.), § 7, eff. April 4, 1970; 1971, No. 255 (Adj. Sess.), § 3, eff. April 11, 1972; 1973, No. 103, § 5, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 3, eff. May 17, 1986; 1991, No. 211 (Adj. Sess.), § 4; 1991, No. 261 (Adj. Sess.), § 3; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 78, § 12, eff. June 24, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2011, No. 152 (Adj. Sess.), § 4, eff. May 16, 2012; 2015, No. 29, § 16; 2015, No. 64, § 51; 2015, No. 103 (Adj. Sess.), § 3, eff. May 12, 2016; 2017, No. 185 (Adj. Sess.), § 16, eff. May 28, 2018; 2025, No. 67, § 10, eff. July 1, 2025.)

§ 1260 Repealed

[Repealed]

1969, No. 252 (Adj. Sess.), § 18, eff. April 4, 1970.

§ 1261 [Omitted.]

§ 1262 Repealed

[Repealed]

1969, No. 252 (Adj. Sess.), § 18, eff. April 4, 1970.

§ 1263 Discharge permits

(a) Any person who intends to discharge waste into the waters of the State or who intends to discharge into an injection well or who intends to discharge into any publicly owned treatment works any waste that interferes with, passes through without treatment, or is otherwise incompatible with that works or would have a substantial adverse effect on that works or on water quality, or is required to apply for a CAFO permit, shall make application to the Secretary for a discharge permit. Application shall be made on a form prescribed by the Secretary. An applicant shall pay an application fee in accordance with 3 V.S.A. § 2822.

(b) When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title. The Secretary may require any applicant to submit any additional information that the Secretary considers necessary, before issuing a permit application completeness determination. The Secretary may take appropriate steps to secure compliance, refuse to grant a permit, or permission to discharge under the terms of a general permit, until the information is furnished and evaluated.

(c) If the Secretary determines that the proposed discharge will not reduce the quality of the receiving waters below the classification established for them and will not violate any applicable provisions of State or federal laws or regulations, he or she shall issue a permit containing terms and conditions as may be necessary to carry out the purposes of this chapter and of applicable federal law. Those terms and conditions may include providing for specific effluent limitations and levels of treatment technology; monitoring, recording, reporting standards; entry and inspection authority for State and federal officials; reporting of new pollutants and substantial changes in volume or character of discharges to waste treatment systems or waters of the State; pretreatment standards before discharge to waste treatment facilities or waters of the State; and toxic effluent standards or prohibitions.

(d) A discharge permit shall:

(1) Specify the manner, nature, volume, and frequency of the discharge permitted and contain terms and conditions consistent with subsection (c) of this section.

(2) Require proper operation and maintenance of any pollution abatement facility necessary in the treatment or processing of the waste by qualified personnel in accordance with standards established by the Secretary and the Director of the Office of Professional Regulation. The Secretary may require that a pollution abatement facility be operated by persons licensed under 26 V.S.A. chapter 99 and may prescribe the class of license required. The Secretary may require a laboratory quality assurance sample program to ensure qualifications of laboratory analysts.

(3) Contain an operation, management, and emergency response plan when required under section 1278 of this title and additional conditions, requirements, and restrictions as the Secretary deems necessary to preserve and protect the quality of the receiving waters, including requirements concerning recording, reporting, monitoring, and inspection of the operation and maintenance of waste treatment facilities and waste collection systems.

(4) Be valid for the period of time specified therein, not to exceed five years.

(e) A discharge permit may be renewed from time to time upon application to the Secretary. A renewal permit filing requirement for reissuance shall be determined by the Secretary and may range from a simple written request for reissuance to the submission of all information required by the initial application. A renewal permit shall be issued following all determinations and procedures required for initial permit application.

(f) Existing indirect discharges to the waters of the State from on-site disposal of sewage shall comply with and be subject to the provisions of this chapter, and shall obtain the required permit, no later than July 1, 1991. Notwithstanding the requirements of subsections 1259(d) and (e) of this title, the Secretary shall grant a permit for an existing indirect discharge to the waters of the State for on-site disposal of sewage unless he or she finds that the discharge violates the water quality standards. Existing indirect discharges from on-site sewage disposal systems of less than 6,500 gpd capacity shall not require a permit.

(g) Any person who owns or operates a concentrated animal feeding operation that requires a permit under the federal National Pollutant Discharge Elimination System permit regulations or the VPDES CAFO Rules shall submit an application to the Secretary for a discharge permit and pay the required fees specified in 3 V.S.A. § 2822. Not later than December 15, 2025, the Secretary shall amend and issue the CAFO General Permit and Notice of Intent. Not later than July 1, 2026, the Secretary shall issue a CAFO application and an individual CAFO permit. The Secretary may request any additional information from a farm as necessary to process a permit and administer the CAFO program. The Secretary may direct a farm to apply for an individual or general permit in accordance with the procedural requirements of subsection (b) of this section.

(h) A large CAFO shall not be required to have a CAFO permit unless one of the following conditions are met:

(1) wastes are discharged into waters via a point source;

(2) wastes are discharged directly into waters that originate outside or pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation; or

(3) a precipitation-related discharge of manure, litter, or process wastewater from land areas under the control of a LFO has occurred that was not in accordance with site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater, as determined by the Secretary.

(i) The Secretary shall require nutrient management plans for all CAFOs and shall include the plans in the permits for public comment in accordance with the process set forth in chapter 170 of this title. The Secretary may amend a permit in accordance with chapter 170 of this title or revoke a permit in accordance with 3 V.S.A. § 814.

(j) Once a CAFO is covered under a CAFO permit, the farm shall be covered for the five-year duration of the permit. A farm covered by a CAFO permit shall renew the permit in accordance with its terms, unless the farm wants to opt out and can demonstrate it is not discharging and shall accordingly comply with the federal CWA and the Vermont CAFO rules.

(Added 1969, No. 252 (Adj. Sess.), § 11, eff. April 4, 1970; amended 1973, No. 103, § 6, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 7, eff. May 17, 1986; 1987, No. 76, § 4; 1987, No. 173 (Adj. Sess.), eff. May 6, 1988; 1987, No. 282 (Adj. Sess.), § 13; 1989, No. 116, § 2; 1993, No. 48, §§ 5, 6, eff. June 1, 1993; 2003, No. 115 (Adj. Sess.), § 27, eff. Jan. 31, 2005; 2005, No. 78, § 13, eff. June 24, 2005; 2005, No. 154 (Adj. Sess.), § 5b, eff. July 1, 2007; 2015, No. 150 (Adj. Sess.), § 16, eff. Jan. 1, 2018; 2015, No. 156 (Adj. Sess.), § 8, eff. Jan. 1, 2017; 2017, No. 144 (Adj. Sess.), § 11; 2025, No. 67, § 11, eff. July 1, 2025.)

§ 1263a Repealed

[Repealed]

2009, No. 46, § 4.

§ 1264 Stormwater management

(a) Findings and intent.

(1) The General Assembly finds that the management of stormwater runoff is necessary to reduce stream channel instability, pollution, siltation, sedimentation, and flooding, all of which have adverse impacts on the water and land resources of the State.

(2) The General Assembly intends, by enactment of this section, to:

(A) Reduce the adverse effects of stormwater runoff.

(B) Direct the Agency of Natural Resources to develop a process that ensures broad participation, focuses upon the prevention of pollution, relies on structural treatment only when necessary, establishes and maintains accountability, tailors strategies to the region and the locale, builds broad-based programs, provides for the evaluation and appropriate evolution of programs, is consistent with the federal Clean Water Act and the State water quality standards, and accords appropriate recognition to the importance of community benefits that accompany an effective stormwater runoff management program. In furtherance of these purposes, the Secretary shall implement a stormwater permitting program. The stormwater permitting program developed by the Secretary shall recognize that stormwater runoff is different from the discharge of sanitary and industrial wastes because of the influence of natural events of stormwater runoff, the variations in characteristics of those runoffs, and the increased stream flows causing degradation of the quality of the receiving water at the time of discharge.

(b) Definitions. As used in this section:

(1) “Best management practice” (BMP) means a schedule of activities, prohibitions or practices, maintenance procedures, green infrastructure, and other management practices to prevent or reduce water pollution.

(2) “Development” means the construction of impervious surface on a tract or tracts of land where no impervious surface previously existed.

(3) “Expansion” and “the expanded portion of an existing discharge” mean an increase or addition of impervious surface, such that the total resulting impervious area is greater than the minimum regulatory threshold.

(4) “Green infrastructure” means a wide range of multifunctional, natural, and seminatural landscape elements that are located within, around, and between developed areas; that are applicable at all spatial scales; and that are designed to control or collect stormwater runoff.

(5) “Healthy soil” means soil that has a well-developed, porous structure; is chemically balanced; supports diverse microbial communities; and has abundant organic matter.

(6) “Impervious surface” means those manmade surfaces, including paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates.

(7) “New stormwater discharge” means a new or expanded discharge of regulated stormwater runoff, subject to the permitting requirements of this chapter, that has not been previously authorized pursuant to this chapter.

(8) “Offset” means a State-permitted or State-approved action or project that mitigates the impacts that a discharge of regulated stormwater runoff has on receiving waters.

(9) “Redevelopment” or “redevelop” means the construction or reconstruction of an impervious surface where an impervious surface already exists when such new construction involves substantial site grading, substantial subsurface excavation, or substantial modification of an existing stormwater conveyance, such that the total of impervious surface to be constructed or reconstructed is greater than the minimum regulatory threshold. Redevelopment does not mean public road management activities, including any crack sealing, patching, cold planing, resurfacing, reclaiming, or grading treatments used to maintain pavement, bridges, and unpaved roads.

(10) “Regulated stormwater runoff” means precipitation, snowmelt, and the material dissolved or suspended in precipitation and snowmelt that runs off impervious surfaces and discharges into surface waters or into groundwater via infiltration.

(11) “Stormwater impact fee” means the monetary charge assessed to a permit applicant for the discharge of regulated stormwater runoff in order to mitigate impacts that the discharger is unable to control through on-site treatment or completion of an offset on a site owned or controlled by the permit applicant.

(12) “Stormwater-impaired water” means a State water that the Secretary determines is significantly impaired by discharges of regulated stormwater runoff.

(13) “Stormwater Management Manual” means the Agency of Natural Resources’ Stormwater Management Manual, as adopted and amended by rule.

(14) “Stormwater runoff” means precipitation and snowmelt that does not infiltrate into the soil, including material dissolved or suspended in it, but does not include discharges from undisturbed natural terrain or wastes from combined sewer overflows.

(15) “Stormwater system” includes the storm sewers; outfall sewers; surface drains; manmade wetlands; channels; ditches; wet and dry bottom basins; rain gardens; and other control equipment necessary and appurtenant to the collection, transportation, conveyance, pumping, treatment, disposal, and discharge of regulated stormwater runoff.

(16) “Total maximum daily load” (TMDL) means the calculations and plan for meeting water quality standards approved by the U.S. Environmental Protection Agency (EPA) and prepared pursuant to 33 U.S.C. § 1313(d) and federal regulations adopted under that law.

(17) “Water quality remediation plan” means a plan, other than a TMDL, designed to bring an impaired water body into compliance with applicable water quality standards in accordance with 40 C.F.R. § 130.7(b)(1)(ii) and (iii).

(18) “Watershed improvement permit” means a general permit specific to a stormwater-impaired water that is designed to apply management strategies to existing and new discharges and that includes a schedule of compliance no longer than five years reasonably designed to assure attainment of the Vermont Water Quality Standards in the receiving waters.

(c) Prohibitions.

(1) A person shall not commence the construction or redevelopment of one-half of an acre or more of impervious surface without first obtaining a permit from the Secretary.

(2) A person shall not discharge from a facility that has a standard industrial classification identified in 40 C.F.R. § 122.26 without first obtaining a permit from the Secretary.

(3) A person that has been designated by the Secretary as requiring coverage for its municipal separate storm sewer system shall not discharge without first obtaining a permit from the Secretary.

(4) A person shall not commence a project that will result in an earth disturbance of one acre or greater, or of less than one acre if part of a common plan of development, without first obtaining a permit from the Secretary.

(5) A person shall not expand existing impervious surface by more than 5,000 square feet, such that the total resulting impervious area is greater than one acre, without first obtaining a permit from the Secretary.

(6)(A) In accordance with the schedule established under subdivision (g)(2) of this section, a municipality shall not discharge stormwater from a municipal road without first obtaining:

(i) an individual permit;

(ii) coverage under a municipal road general permit; or

(iii) coverage under a municipal separate storm sewer system permit that implements the technical standards and criteria established by the Secretary for stormwater improvements of municipal roads.

(B) As used in this subdivision (6), “municipality” means a city, town, or village.

(7) In accordance with the schedule established under subdivision (g)(3) of this section, a person shall not discharge stormwater from impervious surface of three or more acres in size without first obtaining an individual permit or coverage under a general permit issued under this section if the discharge was never previously permitted or was permitted under an individual permit or general permit that did not incorporate the requirements of the 2002 Stormwater Management Manual or any subsequently adopted Stormwater Management Manual. The Secretary shall provide notice to all owners of property subject to the permit required under this subdivision.

(d) Exemptions.

(1) No permit is required under this section for:

(A) Stormwater runoff from farms in compliance with agricultural practices adopted by the Secretary of Agriculture, Food and Markets and not subject to the federal Clean Water Act, its enabling regulations, or the VPDES CAFO Rules as determined by the Secretary of Natural Resources. This exemption shall not apply to construction stormwater permits required by subdivision (c)(4) of this section.

(B) Stormwater runoff from concentrated animal feeding operations permitted under subsection 1263(g) of this chapter.

(C) Stormwater runoff from accepted silvicultural practices, as defined by the Commissioner of Forests, Parks and Recreation, including practices that are in compliance with the federal Clean Water Act as determined by the Secretary of Natural Resources and the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the Commissioner of Forests, Parks and Recreation.

(D) Stormwater runoff permitted under section 1263 of this title.

(2) No permit is required under subdivision (c)(1), (5), or (7) of this section and for which a municipality has assumed full legal responsibility as part of a permit issued to the municipality by the Secretary. As used in this subdivision, “full legal responsibility” means legal control of the stormwater system, including a legal right to access the stormwater system, a legal duty to properly maintain the stormwater system, and a legal duty to repair and replace the stormwater system when it no longer adequately protects waters of the State. Notwithstanding the provisions of 24 V.S.A. § 3254 to the contrary, when a municipality assumes or has assumed full legal responsibility for a stormwater system, the municipality may assess municipal special assessment fees on users of the stormwater system, provided that a majority of the property owners subject to the special assessment fee consented and the fee assessed is a fair apportionment to the user of the cost of the improvement in accordance with the benefits the user received.

(e) State designation. The Secretary shall require a permit under this section for a discharge or stormwater runoff from any size of impervious surfaces upon a determination by the Secretary that the treatment of the discharge or stormwater runoff is necessary to reduce the adverse impacts to water quality of the discharge or stormwater runoff taking into consideration any of the following factors: the size of the impervious surface, drainage patterns, hydraulic connectivity, existing stormwater treatment, stormwater controls necessary to implement the wasteload allocation of a TMDL, or other factors. The Secretary may make this determination on a case-by-case basis or according to classes of activities, classes of runoff, or classes of discharge. The Secretary may make a determination under this subsection based on activities, runoff, discharges, or other information identified during the basin planning process.

(f) Rulemaking. On or before December 31, 2017, the Secretary shall adopt rules to manage stormwater runoff. At a minimum, the rules shall:

(1) Establish as the primary goals of the rules:

(A) assuring compliance with the Vermont Water Quality Standards; and

(B) maintenance after development, as nearly as possible, of the predevelopment runoff characteristics.

(2) Establish criteria for the use of the basin planning process to establish watershed-specific priorities for the management of stormwater runoff.

(3) Assure consistency with applicable requirements of the federal Clean Water Act.

(4) Include technical standards and best management practices that address stormwater discharges from existing development, new development, and redevelopment.

(5) Specify minimum requirements for inspection and maintenance of stormwater management practices.

(6) Include standards for the management of stormwater runoff from construction sites and other land disturbing activities.

(7) Allow municipal governments to assume the full legal responsibility for a stormwater system permitted under these rules as a part of a permit issued by the Secretary.

(8) Include standards with respect to the use of offsets and stormwater impact fees.

(9) Include minimum standards for the issuance of stormwater permits during emergencies for the repair or maintenance of stormwater infrastructure during a state of emergency declared under 20 V.S.A. chapter 1 or during flooding or other emergency conditions that pose an imminent risk to life or a risk of damage to public or private property. Minimum standards adopted under this subdivision shall comply with National Flood Insurance Program requirements.

(10) To the extent appropriate, authorize in the permitting process use of certifications of compliance by licensed professional engineers practicing within the scope of their engineering specialty.

(11) Include standards for alternative best management practices for stormwater permitting of renewable energy projects and telecommunication facilities located in high-elevation settings, provided that the alternative best management practices shall be designed to:

(A) minimize the extent and footprint of stormwater-treatment practices in order to preserve vegetation and trees;

(B) adapt to and minimize impact to ecosystems, shallow soils, and sensitive streams found in high-elevation settings;

(C) account for the temporary nature and infrequent use of construction and access roads for high-elevation projects; and

(D) maintain the predevelopment runoff characteristics, as nearly as possible, after development.

(12) Establish best management practices for improving healthy soils in order to improve the capacity of soil to retain water, improve flood resiliency, reduce sedimentation, and prevent stormwater runoff.

(g) General permits.

(1) The Secretary may issue general permits for classes of stormwater runoff that shall be adopted and administered in accordance with the provisions of subsection 1263(b) of this title.

(2)(A) The Secretary shall issue on or before December 31, 2017 a general permit for discharges of regulated stormwater from municipal roads. Under the municipal roads stormwater general permit, the Secretary shall:

(i) Establish a schedule for implementation of the general permit by each municipality in the State. Under the schedule, the Secretary shall establish:

(I) the date by which each municipality shall apply for coverage under the municipal roads general permit;

(II) the date by which each municipality shall inventory necessary stormwater management projects on municipal roads;

(III) the date by which each municipality shall establish a plan for implementation of stormwater improvements that prioritizes stormwater improvements according to criteria established by the Secretary under the general permit; and

(IV) the date by which each municipality shall implement stormwater improvements of municipal roads according to a municipal implementation plan.

(ii) Establish criteria and technical standards, such as best management practices, for implementation of stormwater improvements of municipal roads.

(iii) Establish criteria for municipal prioritization of stormwater improvements of municipal roads. The Secretary shall base the criteria on the water quality impacts of a stormwater discharge, the current state of a municipal road, the priority of a municipal road or stormwater project in any existing transportation capital plan developed by a municipality, and the benefits of the stormwater improvement to the life of the municipal road.

(iv) Require each municipality to submit to the Secretary and periodically update its implementation plan for stormwater improvements.

(B) The Secretary may require an individual permit for a stormwater improvement at any time under subsection (e) of this section. An individual permit shall include site-specific standards for the stormwater improvement.

(C) All municipalities shall apply for coverage under the municipal road general permit on or before July 1, 2021.

(D) As used in this subdivision (g)(2), “municipality” means a city, town, or village.

(3) Within 120 days after the adoption by the Secretary of the rules required under subsection (f) of this section, the Secretary shall issue a general permit under this section for discharges of stormwater from impervious surface of three or more acres in size, when the stormwater discharge previously was not permitted or was permitted under an individual permit or general permit that did not incorporate the requirements of the 2002 Stormwater Management Manual or any subsequently adopted Stormwater Management Manual. Under the general permit, the Secretary shall:

(A) Establish a schedule for implementation of the general permit by geographic area of the State. The schedule shall establish the date by which an owner of impervious surface shall apply for coverage under this subdivision (3). The schedule established by the Secretary shall require an owner of impervious surface subject to permitting under this subdivision to obtain coverage by the following dates:

(i) for impervious surface located within the Lake Champlain watershed, the Lake Memphremagog watershed, or the watershed of a stormwater-impaired water on or before October 1, 2028; and

(ii) for impervious surface located within all other watersheds of the State, not later than October 1, 2038 or not later than five years after a binding stormwater-specific waste-load allocation has been established for that watershed, whichever occurs first.

(B) Establish criteria and technical standards, such as best management practices, for implementation of stormwater improvements for the retrofitting of impervious surface subject to permitting under this subdivision (3).

(C) Require that a discharge of stormwater from impervious surface subject to the requirements of this section comply with the standards of subsection (h) of this section for redevelopment of or renewal of a permit for existing impervious surface.

(D) Allow the use of stormwater impact fees, offsets, and phosphorus credit trading within the watershed of the water to which the stormwater discharges or runs off.

(h) Permit requirements. An individual or general stormwater permit shall:

(1) Be valid for a period of time not to exceed five years.

(2) For discharges of regulated stormwater to a stormwater-impaired water, for discharges of phosphorus to Lake Champlain or Lake Memphremagog, or for discharges of phosphorus to a water that contributes to the impairment of Lake Champlain or Lake Memphremagog:

(A) In which no TMDL, watershed improvement permit, or water quality remediation plan has been approved, require that the discharge shall comply with the following discharge standards:

(i) A new discharge or the expanded portion of an existing discharge shall satisfy the requirements of the Stormwater Management Manual and shall not increase the pollutant load in the receiving water for stormwater.

(ii) For redevelopment of or renewal of a permit for existing impervious surface, the discharge shall satisfy on-site the water quality, recharge, and channel protection criteria set forth in the Stormwater Management Manual that are determined to be technically feasible by an engineering feasibility analysis conducted by the Agency, and the discharge shall not increase the pollutant load in the receiving water for stormwater.

(B) In which a TMDL or water quality remediation plan has been adopted, require that the discharge shall comply with the following discharge standards:

(i) For a new discharge or the expanded portion of an existing discharge, the discharge shall satisfy the requirements of the Stormwater Management Manual, and the Secretary shall determine that there are sufficient pollutant load allocations for the discharge.

(ii) For redevelopment of or renewal of a permit for existing impervious surface, the Secretary shall determine that there are sufficient pollutant load allocations for the discharge and the Secretary shall include any requirements that the Secretary deems necessary to implement the TMDL or water quality remediation plan.

(3) Contain requirements necessary to comply with the minimum requirements of the rules adopted under this section, the Vermont Water Quality Standards, and any applicable provision of the Clean Water Act.

(i) Disclosure of violations. The Secretary may, at his or her discretion and as necessary to assure achievement of the goals of the program and compliance with State law and the federal Clean Water Act, deny an application for the discharge of regulated stormwater under this section if review of the applicant’s compliance history indicates that the applicant is discharging regulated stormwater in violation of this chapter or is the holder of an expired permit for an existing discharge of regulated stormwater.

(j) Presumption. In any appeal under this chapter, an individual permit issued under subdivisions (c)(1) and (c)(5) of this section shall have a rebuttable presumption in favor of the permittee that the discharge does not cause or contribute to a violation of the Vermont Water Quality Standards for the receiving waters with respect to the discharge of regulated stormwater runoff, provided that the discharge is to a water that is not principally impaired due to stormwater.

(k) Report on treatment practices. As part of the report required under section 1389a of this title, the Secretary annually shall report the following:

(1) whether the phosphorus load from new development permitted under this section by the Secretary in the Lake Champlain watershed in the previous State fiscal year is achieving at least a 70 percent average phosphorus load reduction;

(2) the estimated total phosphorus load reduction from new development, redevelopment, and retrofit of impervious surface permitted under this section in the previous State fiscal year; and

(3) the number of projects and the percentage of projects as a whole that implemented Tier 1 stormwater treatment practices, Tier 2 stormwater treatment practices, or Tier 3 stormwater treatment practices in the previous State fiscal year.

(Added 1981, No. 222 (Adj. Sess.), § 25; amended 1987, No. 282 (Adj. Sess.), § 14; 1999, No. 114 (Adj. Sess.), § 3, eff. May 19, 2000; 2001, No. 61, § 43, eff. June 16, 2001; 2001, No. 109 (Adj. Sess.), §§ 2-4, eff. May 16, 2002; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 115 (Adj. Sess.), § 28, eff. Jan. 31, 2005; 2003, No. 140 (Adj. Sess.), § 1; 2005, No. 78, § 14, eff. June 24, 2005; 2005, No. 154 (Adj. Sess.), §§ 2, 3, eff. May 17, 2006; 2007, No. 43, § 1, eff. May 23, 2007; 2007, No. 130 (Adj. Sess.), § 5, eff. May 12, 2008; 2011, No. 53, § 3, eff. May 27, 2011; 2011, No. 91 (Adj. Sess.), § 1, eff. Jan. 15, 2012; 2011, No. 138 (Adj. Sess.), § 6, eff. May 14, 2012; 2013, No. 142 (Adj. Sess.), § 87; 2013, No. 190 (Adj. Sess.), § 20, eff. June 16, 2014; 2013, No. 199 (Adj. Sess.), § 30; 2015, No. 64, § 31; 2017, No. 181 (Adj. Sess.), § 2, eff. May 28, 2018; 2017, No. 181 (Adj. Sess.), § 4, eff. July 1, 2022; 2021, No. 170 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 6, § 79, eff. July 1, 2023; 2023, No. 79, § 8, eff. July 1, 2023; 2025, No. 37, § 1, eff. July 1, 2025; 2025, No. 67, § 12, eff. July 1, 2025.)

§ 1264a Repealed

[Repealed]

2003, No. 140 (Adj. Sess.), § 10(a), eff. January 15, 2012, repealed subsecs. (a) through (d) and (f) through (h); 2017 No. 67, § 13 repealed subsec. (e), eff. July 1, 2017.

§ 1264b Stormwater Fund

(a) A fund to be known as the Stormwater Fund is created in the State Treasury to be expended by the Secretary of Natural Resources. The Fund shall be administered by the Secretary of Natural Resources. The Fund shall consist of:

(1) stormwater impact fees paid by permittees to meet applicable permitting standards for the discharges of regulated stormwater runoff to the stormwater-impaired waters of the State and Lake Champlain and waters that contribute to the impairment of Lake Champlain;

(2) such sums as may be appropriated or transferred to the Fund by the General Assembly, the State Emergency Board, or the Joint Fiscal Committee during such times when the General Assembly is not in session;

(3) principal and interest received from the repayment of loans made from the Fund;

(4) private gifts, bequests, and donations made to the State for any of the purposes for which the Fund was established; and

(5) other funds from any public or private source intended for use for any of the purposes for which the Fund has been established.

(b) The Fund shall maintain separate accounts for each stormwater-impaired water and each phosphorus-impaired lake segment of Lake Champlain and the monies in each account may only be used to fund offsets in the designated water. Offsets shall be designed to reduce the sediment load, phosphorus load, or hydrologic impact of regulated stormwater runoff in the receiving water. All balances in the Fund at the end of any fiscal year shall be carried forward and remain a part of the Fund. Interest earned by the Fund shall be deposited into the Fund.

(c) The Secretary may authorize disbursements from the Fund to offsets that meet the requirements of the rule adopted pursuant to subsection 1264(f) of this title. The public funds used to capitalize the Fund shall:

(1) be disbursed only to an offset that is owned or operated by a municipality or a governmental subdivision, agency, or instrumentality; and

(2) be disbursed only to reimburse a municipality or a governmental subdivision, agency, or instrumentality for those funds provided by the municipality or governmental subdivision, agency, or instrumentality to complete or construct an offset.

(d) A municipality or governmental subdivision, agency, or instrumentality may, on an annual basis, reserve capacity in an offset that the municipality or governmental subdivision, agency, or instrumentality operates or owns and that meets the requirements of the rule adopted pursuant to subsection 1264(f) of this title. A municipality or governmental subdivision, agency, or instrumentality reserving offset capacity shall inform the Secretary of the offset capacity for which the offset will not receive disbursements from the Fund for nonmunicipal discharges.

(e) Eligible persons may apply for a grant from the Fund to design and implement an offset. The Fund may be used to match other public and private sources of funding for such projects.

(f) A discharger that pays a stormwater impact fee to the Fund in order to receive a permit for the discharge of regulated stormwater runoff may receive reimbursement of that fee if the discharger fails to discharge under the stormwater discharge permit, if the discharger notifies the Secretary of the abandonment of the discharge permit, and if the Secretary determines that unobligated monies for reimbursement remain in the Fund.

(Added 2003, No. 140 (Adj. Sess.), § 3; amended 2017, No. 67, § 12.)

§ 1264c Repealed

[Repealed]

2005, No. 154 (Adj. Sess.), § 8, eff. September 30, 2012.

§ 1264d Ecosystem Restoration and Water Quality Improvement Special Fund

(a) Purpose. The federal and State requirements for the permitting of Municipal Separate Storm Sewer Systems (MS4) require certain communities to collect water flow and precipitation data at monitoring stations on stormwater-impaired waters in order to demonstrate compliance with stormwater Total Maximum Daily Load allocations. The costs, equipment, and expertise to conduct monitoring can be prohibitive to individual communities. The establishment of the Ecosystem Restoration and Water Quality Improvement Special Fund is intended to ensure municipal compliance with the monitoring requirements for MS4 communities while reducing the fiscal and other pressures on these communities.

(b) Creation of Fund; purpose. There is created an Ecosystem Restoration and Water Quality Improvement Special Fund, to be managed in accordance with the requirements of 32 V.S.A. chapter 7, subchapter 5, and to be administered by the Secretary of Natural Resources. The Ecosystem Restoration and Water Quality Improvement Special Fund shall be used to provide assistance to municipalities in fulfilling the monitoring, education, and other requirements of the MS4 permitting program. The Secretary is authorized to collect monies for the Fund and to make disbursements from the Fund directly related to the Secretary’s oversight of monitoring required under the MS4 program.

(c) Participation by municipalities.

(1) A municipality may through a memorandum of understanding (MOU) with the Secretary of Natural Resources agree to contribute to the Ecosystem Restoration and Water Quality Improvement Special Fund to perform the monitoring and other data collection that a municipality is required to conduct under the MS4 permitting program. Under the MOU, a municipality shall commit to contribute to the Fund the municipality’s share of funding required by the Agency of Natural Resources to perform MS4 monitoring and provide oversight and administration. Memoranda of understanding shall serve to coordinate funding and work among municipalities, the State, and any entity contracted with or by a municipality or the State for the purposes of improving water quality.

(2) At a minimum, each memorandum of understanding developed under this section shall contain the following:

(A) the purpose of the memorandum of understanding;

(B) a description of the work to be performed under the memorandum of understanding;

(C) a description of how the coordinated work proposed under the memorandum of understanding will improve water quality;

(D) the entities eligible to participate under the memorandum of understanding; and

(E) the amount of required contribution by the entity, based on a funding formula developed in consultation with entities eligible to participate in the program.

(3) A memorandum of understanding developed under this section shall be posted on the Agency website and subject to a comment period of not less than 30 days.

(4) All participating entities, and the Agency, shall sign any final memoranda of understanding.

(d) Fund proceeds.

(1) The Ecosystem Restoration and Water Quality Improvement Special Fund deposits shall consist of:

(A) payment of costs by participating MS4 communities;

(B) monies appropriated by the General Assembly; and

(C) any other source, public or private.

(2) Unexpended balances and interest earned on the Fund shall be retained in the Fund for use in accordance with the purposes of the Fund.

(e) Fund accounts; expenditures.

(1) The Secretary shall maintain separate accounts within the Ecosystem Restoration and Water Quality Improvement Special Fund for each memorandum of understanding. The Secretary may establish within the Fund an account for the purpose of conducting education and outreach related to improvements to water quality.

(2) Expenditures from an account shall be limited to the purposes established by the memorandum of understanding associated with that account. The Secretary is prohibited from disbursing funds on behalf of an entity that failed to contribute its assigned allocation pursuant to the funding formula established by the Secretary or for any purpose not associated with that account.

(Added 2013, No. 171 (Adj. Sess.), § 1.)

§ 1265 Temporary pollution permits

(a) A person who does not qualify for or has been denied a waste discharge permit under section 1263 of this title may apply to the Secretary for a temporary pollution permit. Application shall be made on a form prescribed by the Secretary and shall contain information as the Secretary may require. The person shall pay to the Secretary at the time of submitting the application a fee in accordance with 3 V.S.A. § 2822. The Secretary may require the person to submit any additional information he or she considers necessary for proper evaluation.

(b) When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title. The Secretary may require the applicant to submit any additional information that the Secretary considers necessary, and may refuse to grant a permit until the information is furnished and evaluated.

(c) After consideration of the application, any additional information furnished and all written comments submitted, and the record of any public hearings the Secretary shall grant or deny a temporary pollution permit. No such permit shall be granted by the Secretary unless he or she affirmatively finds:

(1) the proposed discharge does not qualify for a discharge permit;

(2) the applicant is constructing, installing, or placing into operation or has submitted plans and reasonable schedules for the construction, installation, or operation of an approved pollution abatement facility or alternate waste disposal system, or that the applicant has a waste for which no feasible and acceptable method of treatment or disposal is known or recognized but he or she is making a bona fide effort through research and other means to discover and implement such a method;

(3) the applicant needs permission to pollute the waters of the State for a period of time necessary to complete research, planning, construction, installation, or the operation of an approved and acceptable pollution abatement facility or alternate waste disposal system;

(4) there is no present, reasonable, alternative means of disposing of the waste other than by discharging it into the waters of the State;

(5) the denial of a temporary pollution permit would work an extreme hardship upon the applicant;

(6) the granting of a temporary pollution permit will result in some public benefit;

(7) the discharge will not be unreasonably destructive to the quality of the receiving waters;

(8) the proposed discharge will not violate any applicable provisions of State or federal laws or regulations.

(d) Any temporary pollution permit issued shall:

(1) Specify the manner, nature, volume, and frequency of the discharge permitted.

(2) Require the proper operation and maintenance of any interim or temporary pollution abatement facility or system required by the Secretary as a condition of the permit, to include but not to be limited to all terms and conditions authorized under subsection 1263(c) of this title.

(3) Require the permit holder to maintain monitoring equipment and make and file such records and reports as the Secretary deems necessary to ensure compliance with the terms of the permit and evaluate the effect of the discharge upon the receiving waters.

(4) Be valid only for the period of time, not exceeding five years, necessary for the permit holder to place into operation the facility, system, or method required to obtain a permit under section 1263 of this title. However, the terms of the permit may be amended upon application of the permit holder and a finding by the Secretary that the amendment meets all of the requirements of subsection (c) of this section. Upon application of the permit holder and a finding by the Secretary that the amendment meets all of the requirements of subsection (c) of this section and that there is a substantial change in circumstances not under the control of the permit holder, the terms of the permit may be amended following all determinations and procedures for initial permit application.

(5) [Repealed.]

(6) Contain other requirements, restrictions, and conditions that the Secretary deems necessary and desirable to protect the quality of the receiving waters and promote the public interest.

(e), (f) [Repealed.]

(Added 1969, No. 252 (Adj. Sess.), § 12, eff. April 4, 1970; amended 1971, No. 93, § 1, eff. April 22, 1971; 1971, No. 255 (Adj. Sess.), §§ 4, 5, 10, 11, eff. April 11, 1972; 1973, No. 103, § 7, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1987, No. 76, § 5; 1989, No. 278 (Adj. Sess.), § 2; 2013, No. 34, § 6; 2015, No. 150 (Adj. Sess.), § 17, eff. Jan. 1, 2018.)

§ 1265a Repealed

[Repealed]

2001, No. 133 (Adj. Sess.), § 14, eff. June 13, 2002.

§ 1266 Repealed

[Repealed]

2009, No. 46, § 4.

§ 1266a Discharges of phosphorus

(a) No person directly discharging into the drainage basins of Lake Champlain or Lake Memphremagog shall discharge any waste that contains a phosphorus concentration in excess of 0.80 milligrams per liter on a monthly average basis with the following exceptions:

(1) discharges of less than 200,000 gallons per day, permitted on or before July 1, 1991;

(2) discharges from a municipally owned aerated lagoon type secondary sewage treatment plant in the Lake Memphremagog drainage basin, permitted on or before July 1, 1991 unless the plant is modified to use a technology other than aerated lagoons; and

(3) discharges of less than 35,000 gallons per day from a municipally owned secondary sewage treatment plant using recirculating sand filters in the Lake Champlain drainage basin, permitted on or before July 1, 2001 unless the plant is modified to use a technology other than recirculating sand filters.

(b) Notwithstanding any provision of subsection (a) of this section to the contrary, the Secretary shall establish effluent phosphorus wasteload allocations or concentration limits within any drainage basin in Vermont, as needed to achieve wasteload allocations in a total maximum daily load document approved by the U.S. Environmental Protection Agency, or as needed to attain compliance with water quality standards adopted by the Secretary pursuant to chapter 47 of this title.

(c) [Repealed.]

(Added 1977, No. 39, § 6, eff. April 19, 1977; amended 1981, No. 222 (Adj. Sess.), § 25; 1991, No. 261 (Adj. Sess.), § 2; 1997, No. 51, § 2; 2001, No. 61, § 47, eff. June 16, 2001; 2003, No. 63, § 53, eff. June 11, 2003; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2015, No. 64, § 47; 2023, No. 121 (Adj. Sess.), § 15b, eff. July 1, 2024.)

§ 1266b Application of phosphorus fertilizer

(a) Definitions. As used in this section:

(1) “Compost” means a stable humus-like material produced by the controlled biological decomposition of organic matter through active management, but shall not mean sewage, septage, or materials derived from sewage or septage.

(2) “Fertilizer” shall have the same meaning as in 6 V.S.A. § 363(5).

(3) “Impervious surface” means those manmade surfaces, including paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates.

(4) “Manipulated animal or vegetable manure” means manure that is ground, pelletized, mechanically dried, supplemented with plant nutrients or substances other than phosphorus or phosphate, or otherwise treated to assist with the use of manure as fertilizer.

(5) “Nitrogen fertilizer” means fertilizer labeled for use on turf in which the nitrogen content consists of less than 15 percent slow-release nitrogen.

(6) “Phosphorus fertilizer” means fertilizer labeled for use on turf in which the available phosphate content is greater than 0.67 percent by weight, except that “phosphorus fertilizer” shall not include compost or manipulated animal or vegetable manure.

(7) “Slow-release nitrogen” means nitrogen in a form that is released over time and that is not water-soluble nitrogen.

(8)(A) “Turf” means land planted in closely mowed, managed grasses, including residential and commercial property and publicly owned land, parks, and recreation areas.

(B) “Turf” shall not include:

(i) pasture, cropland, land used to grow sod, or any other land used for agricultural production; or

(ii) private and public golf courses.

(9) “Water” or “water of the State” means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, and all bodies of surface waters, artificial or natural, that are contained within, flow through, or border upon the State or any portion of it.

(10) “Water-soluble nitrogen” means nitrogen in a water-soluble form that does not have slow-release properties.

(b) Application of phosphorus fertilizer.

(1) No person shall apply phosphorus fertilizer to turf except for:

(A) phosphorus fertilizer necessary for application to turf that is deficient in phosphorus as shown by a soil test performed no more than 18 months before the application of the fertilizer; or

(B) phosphorus fertilizer that is labeled as starter fertilizer and that is intended for application to turf when a property owner or an agent of a property owner is first establishing grass in turf via seed or sod procedures and the application of starter fertilizer is limited to the first growing season.

(2) On or before October 1, 2011, the Secretary of Agriculture, Food and Markets, after consultation with the University of Vermont, shall approve a standard, that may authorize multiple testing methods, for the soil test required under subdivision (1)(A) of this subsection.

(c) Application of nitrogen fertilizer. No person shall apply nitrogen fertilizer to turf.

(d) Application of fertilizer to impervious surface; in proximity to water; and seasonal restriction. No person shall apply any fertilizer:

(1) to an impervious surface. Fertilizer applied or released to an impervious surface shall be immediately collected and returned to a container for legal application. This subdivision shall not apply to activities regulated under the required agricultural practices as those practices are defined by the Secretary of Agriculture, Food and Markets under 6 V.S.A. § 4810;

(2) to turf before April 1 or after October 15 in any calendar year or at any time when the ground is frozen; or

(3) to turf within 25 feet of a water of the State.

(e) Retail display of phosphorus fertilizer. If a retailer sells or offers for sale phosphorus fertilizer to consumers and consumers have direct access to the phosphorus fertilizer, the retailer shall:

(1) In the retail area where phosphorus fertilizer is accessible by a consumer, display nonphosphorus fertilizer separately from phosphorus fertilizer.

(2) Post in the retail location, if any, where phosphorus fertilizer is accessible by the consumer a clearly visible sign that is at least eight and one-half inches by 11 inches in size and that states “Phosphorus runoff poses a threat to water quality. Most Vermont lawns do not benefit from fertilizer containing phosphorus. Under Vermont law, fertilizer containing phosphorus shall not be applied to lawn unless applied to new lawn or lawn that is deficient for phosphorus as indicated by a soil test.”

(f) Violations. A person who knowingly and intentionally violates this section shall be subject to a civil penalty of not more than $500.00 per violation. A violation of this section shall be enforceable in the Judicial Bureau pursuant to the provisions of 4 V.S.A. chapter 29 in an action that may be brought by the Agency of Agriculture, Food and Markets or the Agency of Natural Resources.

(Added 2011, No. 37, § 1, eff. Jan. 1, 2012; amended 2015, No. 64, § 13.)

§ 1267 Revocation of permits

The Secretary may, after notice and opportunity for public hearing, under 3 V.S.A. § 814(c), revoke, modify, or suspend any permit issued by the Secretary pursuant to this subchapter upon finding that the permit holder submitted false or inaccurate information in the application or has violated any requirement, restrictions, or condition of the permit or that there is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. The Secretary shall impose conditions as the Secretary deems reasonable for regulating the discharges of a person whose permit has been revoked, modified, or suspended. Revocation shall be effective upon actual notice thereof to the permit holder. When the Secretary determines, after consultation with the Commissioner of Health, that a violation threatens the public health, the Secretary shall suspend the permit until the permit holder removes the risk.

(Added 1969, No. 252 (Adj. Sess.), § 13, eff. April 4, 1970; amended 1973, No. 103, § 8, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 8, eff. May 17, 1986.)

§ 1268 Emergency permits

When a discharge permit holder finds that pollution abatement facilities require repairs, replacement, or other corrective action in order for them to continue to meet standards specified in the permit, the holder may apply in the manner specified by the Secretary for an emergency pollution permit for a term sufficient to effect repairs, replacements, or other corrective action. The Secretary shall proceed in accordance with chapter 170 of this title. No emergency pollution permit shall be issued unless the applicant certifies and the Secretary finds that:

(1) there is no present, reasonable alternative means of disposing of the waste other than by discharging it into the waters of the State during the limited period of time of the emergency;

(2) the denial of an emergency pollution permit would work an extreme hardship upon the applicant;

(3) the granting of an emergency pollution permit will result in some public benefit;

(4) the discharge will not be unreasonably harmful to the quality of the receiving waters; and

(5) the cause or reason for the emergency is not due to willful or intended acts or omissions of the applicant.

(Added 1981, No. 222 (Adj. Sess.), § 25; amended 2015, No. 150 (Adj. Sess.), § 18, eff. Jan. 1, 2018; 2019, No. 14, § 31, eff. April 30, 2019.)

§ 1269 Appeals

Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title.

(Added 1969, No. 252 (Adj. Sess.), § 14, eff. April 4, 1970; 1981, No. 222 (Adj. Sess.), § 25; 2003, No. 115 (Adj. Sess.), § 29, eff. Jan. 31, 2005.)

§ 1270 Repealed

[Repealed]

2005, No. 115 (Adj. Sess.), § 119(b).

§ 1271 Extension of municipal sewer system; filing map; approval

No municipality shall extend its sewer system until it has filed a copy of its plan for the extension with the Secretary and has received the Secretary’s approval.

(Amended 1961, No. 100, § 2; 1973, No. 103, § 9, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25.)

§ 1272 Regulation of activities causing discharge or affecting significant wetlands

If the Secretary finds that any person’s action, or an activity, results in the construction, installation, operation, or maintenance of any facility or condition that reasonably can be expected to create or cause a discharge to waters in violation of this subchapter, or to violate the Secretary’s rules under section 905b of this title relating to significant wetlands, the Secretary may issue an order establishing reasonable and proper methods and procedures for the control of that activity and the management of substances used therein that cause discharges or violations of the Secretary’s rules with respect to significant wetlands in order to reduce or eliminate those discharges and rule violations with respect to significant wetlands.

(Added 1969, No. 252 (Adj. Sess.), § 15, eff. April 4, 1970; amended 1971, No. 255 (Adj. Sess.), § 6, eff. April 11, 1972; 1973, No. 103, § 10, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 188 (Adj. Sess.), § 4; 2003, No. 115 (Adj. Sess.), § 30, eff. Jan. 31, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)

§ 1273 Repealed

[Repealed]

1969, No. 252 (Adj. Sess.), § 18, eff. April 4, 1970.

§ 1274 Enforcement

(a) Notwithstanding any other provision or procedure set forth in this chapter, if the Secretary finds that any person has discharged or is discharging any waste or damaging the ecological functions of wetlands in violation of this chapter or chapter 37 of this title, or that any person has failed to comply with 2024 any provisions of any order or permit issued in accordance with this chapter or chapter 37 of this title, the Secretary may bring suit in the Superior Court in any county where the discharge, damage to wetlands, or noncompliance has occurred to enjoin the discharge, obtain compliance, and mandate restoration of damaged wetlands. The suit shall be brought by the Attorney General in the name of the State. The court may issue a temporary injunction or order in any such proceedings and may exercise all the plenary powers available to it in addition to the power to:

(1) Enjoin future discharges.

(2) Order the design, construction, installation, or operation of pollution abatement facilities or alternate waste disposal systems.

(3) Order the restoration of damaged wetlands. Wetlands damaged in violation of chapter 37 of this title may be ordered restored, enhanced, or created.

(4) Order the removal of all wastes discharged and the restoration of water quality.

(5) Fix and order compensation for any public property destroyed, damaged, or injured or any aquatic or terrestrial biota harmed or destroyed. Compensation for fish taken or destroyed shall be deposited into the Fish and Wildlife Fund.

(6) Assess and award punitive damages.

(7) Levy civil penalties not to exceed $10,000.00 a day for each day of violation.

(8) Order reimbursement to any agency of federal, State, or local government from any person whose discharge caused governmental expenditures.

(b) The Secretary, by rule, shall define those violations that are significant, based upon the magnitude, duration, consequences, and causes of the violation. When a significant violation occurs, the Secretary may initiate proceedings to compel compliance by and seek penalties from the violator. A court, upon finding that such a violation has occurred, shall order compliance and retain jurisdiction to assure that compliance schedules are met. The court also shall impose penalties. Action under this section shall not restrict the Secretary’s authority to proceed under section 1267 of this title.

(Added 1969, No. 252 (Adj. Sess.), § 16, eff. April 4, 1970; amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 103, § 11, eff. April 24, 1973; 1973, No. 112, § 4, eff. April 25, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.),§§ 9, 10, eff. May 17, 1986; 1989, No. 205 (Adj. Sess.), § 3; 2023, No. 121 (Adj. Sess.), § 16, eff. July 1, 2024.)

§ 1275 Penalty

(a) Any person who violates any provision of this subchapter or who fails, neglects, or refuses to obey or comply with any order or the terms of any permit issued in accordance with this subchapter, shall be fined not more than $25,000.00 or be imprisoned not more than six months, or both. Each violation may be a separate offense and, in the case of a continuing violation, each day’s continuance may be deemed a separate offense.

(b) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subchapter, or by any permit, rule, regulation, or order issued under this subchapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this subchapter or by any permit, rule, regulation, or order issued under this subchapter, shall upon conviction, be punished by a fine of not more than $10,000.00 or by imprisonment for not more than six months, or by both.

(Amended 1969, No. 252 (Adj. Sess.), § 9, eff. April 4, 1970; 1973, No. 103, § 12, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25.)

§ 1276 Construction

Nothing contained in this subchapter shall be construed to prohibit or require a permit for the proper use of waters for customary sport and recreational purposes such as fishing, swimming, and boating if the classification of the water permits that usage. In the event of an irreconcilable conflict between the provisions of this subchapter and 3 V.S.A. chapter 25, the provisions of this subchapter shall prevail. Nothing in this subchapter shall be construed to affect, impair, or abridge the right of riparian or littoral owners or others to sue for damages or injunctions or exercise any other common law or statutory remedy to abate and recover damages for water pollution. If a permit holder is required to pay such damages by judgment or order of a court, the amount of damages shall be a credit against any pollution charges due under this subchapter. Any permit granted under this subchapter shall not be construed as a vested right and shall be subject to continuing regulations and control by the State.

(Added 1969, No. 252 (Adj. Sess.), § 17, eff. April 4, 1970; amended 1981, No. 222 (Adj. Sess.), § 25.)

§ 1277 Municipal sewage treatment plants

If, after public hearing, the Secretary finds that:

(1) any municipality is discharging untreated or improperly treated sewage or stormwater into waters of the State or that conditions exist in any municipality or combination of municipalities that cause or threaten to cause a reduction in the quality of ground or surface waters; and

(2) the discharge or condition can most effectively be corrected or abated by the construction and installation of a sewage collection and treatment system or a stormwater collection and treatment system or by other management practices, and after giving due regard to regional development factors, he or she may order the municipality or combination of municipalities to provide the facilities or undertake the practices necessary to correct or abate the discharge or condition. In the case of correcting or abating a discharge of stormwater runoff not created by a municipality, the Secretary may order the municipality or combination of municipalities to provide the facilities or undertake the practices necessary to correct or abate the discharge or condition if the municipality or combination of municipalities has in place a mechanism to recover the costs from users. The order shall include a reasonable time schedule for action by the municipality or municipalities to place the facilities into operation. This section does not abridge any duty or remedy created by this subchapter.

(Added 1969, No. 252 (Adj. Sess.), § 22, eff. April 4, 1970; amended 1981, No. 222 (Adj. Sess.), § 25; 2001, No. 109 (Adj. Sess.), § 14, eff. May 16, 2002.)

§ 1278 Operation, management, and emergency response plans for pollution abatement center

(a) Findings. The General Assembly finds that the State shall protect Vermont’s lakes, rivers, and streams from pollution by implementing programs to prevent sewage spills to Vermont waters and by requiring emergency planning to limit the damage from spills which do occur. In addition, the General Assembly finds it to be cost effective and generally beneficial to the environment to continue State efforts to ensure energy efficiency in the operation of treatment facilities.

(b) Planning requirement. Effective July 1, 2007, the Secretary of Natural Resources shall, as part of a permit issued under section 1263 of this title, require a pollution abatement facility, as that term is defined in this section, to prepare and implement an operation, management, and emergency response plan for those portions of each pollution abatement facility that include the treatment facility, the sewage pumping stations, and the sewer line stream crossing. As used in this section, “pollution abatement facility” means municipal sewage treatment plants, pumping stations, interceptor and outfall sewers, and attendant facilities as prescribed by the Department to abate pollution of the waters of the State.

(c) Collection system planning. As of July 1, 2010, the Secretary of Natural Resources, as part of a permit issued under section 1263 of this title, shall require a pollution abatement facility, as that term is defined in subsection (b) of this section, to prepare and implement an operation, management, and emergency response plan for that portion of each pollution abatement facility that includes the sewage collection systems. The requirement to develop a plan under this subsection shall be included in a permit issued under section 1263 of this title, and a plan developed under this subsection shall be subject to public review and inspection.

(d) Plan components. An operation, management, and emergency response plan shall include the following:

(1) Identification of those elements of the facility, including collection systems that are determined to be prone to failure based on installation, age, design, or other relevant factors.

(2) Identification of those elements of the facility identified under subdivision (1) of this subsection that, if one or more failed, would result in a significant release of untreated or partially treated sewage to surface waters of the state.

(3) A requirement that the elements identified in subdivision (2) of this subsection shall be inspected in accordance with a schedule approved by the Secretary of Natural Resources.

(4) An emergency contingency plan to reduce the volume of a detected spill and to mitigate the effect of such a spill on public health and the environment.

(e) [Repealed.]

(Added 2005, No. 154 (Adj. Sess.), § 5a, eff. July 1, 2006; amended 2007, No. 130 (Adj. Sess.), § 8, eff. May 12, 2008; 2007, No. 209 (Adj. Sess.), § 5; 2015, No. 86 (Adj. Sess.), § 2, eff. May 4, 2016; 2015, No. 103 (Adj. Sess.), § 4, eff. May 12, 2016; 2017, No. 185 (Adj. Sess.), § 17, eff. May 28, 2018.)

§ 1279 Repealed

[Repealed]

1985, No. 53, § 3.

§ 1280 Emergency actions

Notwithstanding any other provision of this chapter, upon receipt of evidence that a pollution source or combination of sources, including industrial users of publicly owned treatment works, is presenting an imminent and substantial endangerment to water or groundwaters or to the health of persons or to the welfare of persons by endangering their livelihood, the Secretary may bring suit on behalf of the State in Superior Court in the county where the source is located to immediately restrain any person causing or contributing to the alleged pollution to stop the discharge or introduction of the waste causing or contributing to that pollution or to take other action as may be necessary.

(Added 1973, No. 103, § 15, eff. April 24, 1973; amended 1981, No. 222 (Adj. Sess.), § 25.)

§ 1281 Oil and other hazardous materials

(a) The Secretary shall adopt rules relating to the handling, storage, and transport of oil and other hazardous materials within the State of Vermont for the purpose of preventing the discharge of any oil and other hazardous materials directly or indirectly into the waters of the State. The Secretary shall coordinate any proposed rule relating to oil or other hazardous materials with the Secretary of Human Services and the Commissioner of Labor to ensure the absence of conflict.

(b) Any rule adopted under this section or section 1282 of this title shall be presented immediately to the Clerk of the House of Representatives and the Secretary of the Senate who shall immediately publish it in their respective calendars. If the General Assembly is not in session at the time a rule or regulation is adopted, publication in the calendars shall occur within 10 days after the General Assembly next convenes. The General Assembly may repeal a rule or regulation.

(Added 1973, No. 112, § 5, eff. April 25, 1973; amended 1981, No. 222 (Adj. Sess.), § 25; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)

§ 1282 Contingency plans; adoption

(a) The Secretary shall develop and implement a statewide contingency plan that shall provide for the coordination of the activities of State agencies and municipalities for the purpose of controlling, undertaking cleanup operations, or otherwise mitigating the effects of a spillage of oil or other hazardous materials that is likely to reach the waters of the State either directly or indirectly.

(b) The plan developed in accordance with this section shall be submitted to and approved by the Governor prior to becoming effective.

(Added 1973, No. 112, § 6, eff. April 25, 1973; amended 1981, No. 222 (Adj. Sess.), § 25.)

§ 1283 Contingency fund

(a) The Environmental Contingency Fund is established within the control of the Secretary. Subject to the limitations contained in subsection (b) of this section, disbursements from the Fund may be made by the Secretary to undertake actions that the Secretary considers necessary to investigate or mitigate, or both, the effects of hazardous material releases to the environment.

(b) Disbursements under this subsection may be made for emergency purposes or to respond to other than emergency situations; provided, however, that disbursements in response to an individual situation that is not an emergency situation shall not exceed $350,000.00 for a response to a release of a hazardous material, unless the Secretary has received the approval of the General Assembly, or the Joint Fiscal Committee, in case the General Assembly is not in session. Furthermore, the balance in the Fund shall not be drawn below the amount of $100,000.00, except in emergency situations. If the balance of the Fund becomes insufficient to allow a proper response to one or more emergencies that have occurred, the Secretary shall appear before the Emergency Board, as soon as possible, and shall request that necessary funds be provided. Within these limitations, disbursements from the Fund may be made:

(1) to initiate spill control procedures, removal actions, and remedial actions to clean up spills of hazardous materials where the discharging party is unknown, cannot be contacted, is unwilling to take action, or does not take timely action that the Secretary considers necessary to mitigate the effects of the spill;

(2) to investigate an actual or threatened release to the environment of any pollutant or contaminant that may present an imminent and substantial danger to the public health and welfare or to the environment. The Secretary may use this Fund for those investigations necessary to:

(A) determine the magnitude and extent of the existing and potential public exposure and risk and environmental damage;

(B) determine appropriate remedial action to prevent or minimize the impact of such releases; or

(C) to prescribe other environmentally sound measures to protect the long-range public health and welfare or to ensure environmental protection, or to prescribe additional investigations to determine same;

(3) to take appropriate removal action to prevent or minimize the immediate impact of such releases to the public health and the environment;

(4) to take appropriate remedial action;

(5) to reimburse private persons or municipalities for expenditures made to provide alternative water supplies or to take other emergency measures deemed necessary by the Secretary, in consultation with the Commissioner of Health, to protect the public health from hazardous material. Reimbursement under this subdivision shall be pursuant to criteria adopted by rule of the Secretary and by rule of the Commissioner establishing, among other provisions, requirements that alternative sources of reimbursement are pursued in a diligent manner;

(6) to pay administrative and field supervision costs incurred by the Secretary or by a municipality at the direction of the Secretary in carrying out the provisions of this subchapter. Annual disbursements, for these costs, to the Department of Environmental Conservation under this subdivision shall not exceed 2.5 percent of annual revenues;

(7) to pay costs of management oversight provided by the State for investigation and cleanup efforts conducted by voluntary responsible parties;

(8) to pay costs of emergency response operations and equipment in the spill response program;

(9) to pay costs of required capital contributions and operation and maintenance when the remedial or response action was taken pursuant to 42 U.S.C. § 9601 et seq.;

(10) to pay the costs of oversight or conducting assessment of a natural resource damaged by the release of a hazardous material and being assessed for damages pursuant to section 6615d of this title; or

(11) to pay the costs of oversight or conducting restoration or rehabilitation to a natural resource damaged by the release of a hazardous material and being restored or rehabilitated pursuant to section 6615d of this title.

(c) The Secretary may bring an action under this section or other available State and federal laws to enforce the obligation to repay the Fund. To the extent compatible with the urgency of the situation, the Secretary shall provide an opportunity for the responsible party or parties to undertake the investigations, removal, and remedial actions under the direction of the Secretary.

(d), (e) [Repealed.]

(f) Except as provided in subsection 6618(a) of this title, revenues under the hazardous waste tax established under 32 V.S.A. chapter 237 shall be deposited in the Environmental Contingency Fund. The Secretary may reimburse the Fund with funds received from the U.S. Pollution Prevention Revolving Fund authorized by subsection (k) of section 311 of Public Law 92-500, as amended, codified in 1979 as 33 U.S.C. § 1321(k). Monies may be accepted by the Secretary under written agreements with responsible parties for release site cleanup to provide administrative, technical, and management oversight.

(g) For purposes of this section:

(1) “Emergency” means any release or threatened release of hazardous materials that causes or may cause an immediate and significant risk of harm to human life, health, or to the environment.

(2)(A) “Hazardous material” means all petroleum and toxic, corrosive, or other chemicals and related sludge included in any of the following:

(i) any substance defined in section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980;

(ii) petroleum, including crude oil or any fraction thereof; or

(iii) hazardous waste, as determined under subdivision 6602(4) of this title.

(B) “Hazardous material” does not include herbicides and pesticides when applied in a manner consistent with good practice conducted in conformity with federal, State, and local laws and regulations and according to manufacturers’ instructions. Nothing in this subdivision shall affect the authority granted and the limitations imposed by section 6608a of this title.

(3) “Release” means any intentional or unintentional action or omission resulting in the spilling, leaking, pumping, pouring, emitting, emptying, dumping, or disposing of hazardous materials into the surface or groundwaters, or onto the lands in the State, or into waters outside the jurisdiction of the State when damage may result to the public health, lands, waters, or natural resources within the jurisdiction of the State. “Release” also means the intentional or unintentional action or omission resulting in the spilling, leaking, emission, or disposal of polychlorinated biphenyls (PCBs) from building materials in public schools and approved and recognized independent schools, as those terms are defined in 16 V.S.A. § 11, that were constructed or renovated before 1980.

(4) “Remedial action” means those actions consistent with a permanent remedy taken instead of or in addition to removal actions in the event of the improper release or threat of release of a hazardous material into the environment, to prevent or minimize the release of hazardous materials so that they do not migrate or cause substantial danger to present or future public health or welfare or the environment.

(5) “Removal action” means the cleanup or removal of released hazardous materials from the environment and such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the environment that may result from the improper release or threat of release of hazardous materials.

(h) Receipts from the Redevelopment of Contaminated Properties Program, established under section 6615a of this title, shall be deposited into a separate account of the Fund, named the redevelopment of contaminated properties account.

(Added 1979, No. 195 (Adj. Sess.), § 5, eff. May 6, 1980; amended 1981, No. 222 (Adj. Sess.), § 25; 1983, No. 205 (Adj. Sess.); 1985, No. 70, §§ 1, 2, eff. May 20, 1985; 1987, No. 282 (Adj. Sess.), § 17, eff. Oct. 1, 1988; 1991, No. 78, § 3; 1991, No. 225 (Adj. Sess.), § 1; 1995, No. 44, § 4, eff. April 20, 1995; 1997, No. 155 (Adj. Sess.), § 35; 2005, No. 135 (Adj. Sess.), §§ 1, 4; 2013, No. 142 (Adj. Sess.), § 88; 2015, No. 154 (Adj. Sess.), § 5, eff. June 1, 2016; 2019, No. 72, § E.711.2; 2021, No. 74, §§ E.709, E.709.2; 2021, No. 185 (Adj. Sess.), § E.709, eff. July 1, 2021.)

§ 1283a Contaminants of Emerging Concern Special Fund

(a) The Contaminants of Emerging Concern Special Fund is established pursuant to 32 V.S.A. chapter 7, subchapter 5 to provide grants to public water systems responding to or remediating emerging contaminants in a public water supply. The Secretary of Natural Resources shall administer the Fund and may make disbursements from the Fund for the following costs:

(1) investigation of an actual or threatened impact to or contamination of natural resources or public assets presented by an emerging contaminant;

(2) reimbursement to any person for:

(A) expenditures made to provide alternative water supplies or to take other emergency measures deemed necessary by the Secretary to protect human health from emerging contaminants; or

(B) expenditures by a public asset to pay for the treatment or disposal of an emerging contaminant;

(3) payment of the costs of oversight or conducting assessment of a natural resource where injury has resulted or is likely to result from of an emerging contaminant; or

(4) payment of the costs of oversight or conducting restoration, replacement, or rehabilitation of a natural resource injured by an emerging contaminant.

(b) The Secretary may bring an action under this section or other available State and federal laws to enforce the obligation to repay the Fund.

(c) As used in this section:

(1) “Emerging contaminant” means:

(A) a hazardous material as defined in subdivision 6602(16) of this title;

(B) any constituent for which the Department of Health has established a health advisory; or

(C) any constituent that the Secretary determines is an imminent and substantial endangerment to human health, natural resources, or public assets.

(2) “Natural resources” means fish, wildlife, biota, air, surface water, groundwater, wetlands, drinking water supplies, or State-held public lands.

(3) “Public asset” means:

(A) any wastewater treatment facility permitted under chapter 47 of this title;

(B) any public water system or noncommunity system permitted under chapter 56 of this title;

(C) any potable water supply permitted under chapter 64 of this title; or

(D) any facility for the disposal of solid waste permitted under chapter 159, provided that the facility did not know that the waste was an emerging contaminant at the time of disposal.

(4) “Secretary” shall mean Secretary of Natural Resources.

(d) Nothing in this section shall be construed to preclude, supplant, or limit any other statutory or common-law rights or remedies.

(Added 2019, No. 139 (Adj. Sess.), § 29, eff. July 6, 2020.)

§ 1284 Water quality data coordination

(a) To facilitate attainment or accomplishment of the purposes of this chapter, the Secretary shall coordinate and assess all available data and science regarding the quality of the waters of the State, including:

(1) light detection and ranging information data (LIDAR);

(2) stream gauge data;

(3) stream mapping, including fluvial erosion hazard maps;

(4) water quality monitoring or sampling data;

(5) cumulative stressors on a watershed, such as the frequency an activity is conducted within a watershed or the number of stormwater or other permits issued in a watershed; and

(6) any other data available to the Secretary.

(b) After coordination of the data required under subsection (a) of this section, the Secretary shall:

(1) assess where additional data are needed and the best methods for collection of such data;

(2) identify and map on a watershed basis areas of the State that are significant contributors to water quality problems or are in critical need of water quality remediation or response.

(c) The Secretary shall post all data compiled under this section on the website of the Agency of Natural Resources.

(Added 2015, No. 64, § 35.)

Subchapter 1A Notification of Sewage and Wastewater Discharges

§ 1295 Notification of sewage and wastewater discharges

(a) Definitions. Notwithstanding the application of the definitions in section 1251 to the chapter as a whole, as used in this subchapter:

(1) “Collection system” means pipelines or conduits, pumping stations, force mains, and all other facilities used to collect or conduct sewage or stormwater, or both sewage and stormwater.

(2) “Combined sewer overflow” means an untreated or partially treated discharge to waters of the State from a combined sewer system outfall that results from a wet weather storm event.

(3) “Combined sewer system” means a collection system that was designed to convey sewage and stormwater through the same network of pipes to a treatment plant.

(4) “Dry weather flow” means flow in a sanitary sewer or combined sewer system during periods of dry weather.

(5) “Sanitary sewer system” means a collection system that conveys sewage and groundwater entering the collection system through inflow and infiltration to a wastewater treatment facility.

(6) “Separate storm sewer system” means a collection system that is designed to discharge stormwater and groundwater entering the collection system through inflow and infiltration to surface waters.

(7) “Sewage” means domestic, commercial, and industrial wastewater conveyed by a collection system.

(8) “Stormwater” means precipitation and snowmelt that does not infiltrate into soil, including material dissolved or suspended in it.

(9) “Untreated discharge” means:

(A) combined sewer overflows from a wastewater treatment facility;

(B) overflows from sanitary sewers and combined sewer systems that are part of a wastewater treatment facility during dry weather flows, which result in a discharge to waters of the State;

(C) upsets or bypasses around or within a wastewater treatment facility during dry or wet weather conditions that are due to factors unrelated to a wet weather storm event and that result in a discharge of sewage that has not been fully treated to waters of the State; and

(D) discharges from a wastewater treatment facility to separate storm sewer systems.

(10) “Wastewater treatment facility” means a treatment plant, collection system, pump station, and attendant facilities permitted by the Secretary for the purpose of treating sewage.

(b) Public alert. An operator of a wastewater treatment facility or the operator’s delegate shall as soon as possible, but no longer than one hour from discovery of an untreated discharge from the wastewater treatment facility, post on a publicly accessible electronic network, mobile application, or other electronic media designated by the Secretary an alert informing the public of the untreated discharge and its location, except that if the operator or his or her delegate does not have telephone or Internet service at the location where he or she is working to control or stop the untreated discharge, the operator or his or her delegate may delay posting the alert until the time that the untreated discharge is controlled or stopped, provided that the alert shall be posted no later than four hours from discovery of the untreated discharge.

(c) Agency notification.

(1) An operator of a wastewater treatment facility shall within 12 hours from discovery of an untreated discharge from the wastewater treatment facility notify the Secretary and the local health officer of the municipality where the facility is located of the untreated discharge. The operator shall notify the Secretary through use of the Department of Environmental Conservation’s online event reporting system. If, for any reason, the online event reporting system is not operable, the operator shall notify the Secretary via telephone or e-mail.

(2) A notification required by this subsection shall include:

(A) The specific location of each untreated discharge, including the body of water affected. For combined sewer overflows, the specific location of each untreated discharge means each outfall that has discharged during a wet weather storm event.

(B) Except for untreated discharges under subdivision (a)(9)(D) of this section, the date and approximate time the untreated discharge began.

(C) The date and approximate time the untreated discharge ended. If the untreated discharge is still ongoing at the time of reporting, the entity reporting the untreated discharge shall amend the report with the date and approximate time the untreated discharge ended within three business days of the untreated discharge ending.

(D) Except for untreated discharges under subdivision (a)(9)(D) of this section, the approximate total volume of sewage and, if applicable, stormwater that was released. If the approximate total volume is unknown at the time of reporting, the entity reporting the untreated discharge shall amend the report with the approximate total volume within three business days.

(E) The cause of the untreated discharge.

(F) The person reporting the untreated discharge.

(G) Any other information deemed necessary by the Secretary.

(d) Notification of additional discharges. In addition to untreated discharges posted pursuant to subsection (c) of this section, the Secretary shall post a notification of other unpermitted discharges to waters of the State that may pose a threat to human health or the environment and that are identified by the Secretary. The Secretary’s notification shall include the information required under subdivision (c)(2) of this section and shall be posted on the Secretary’s online event reporting system no later than four hours from the discovery of an unpermitted discharge, except that if the unpermitted discharge is discovered between the hours of 9:00 p.m. and 5:00 a.m., the Secretary shall post the notification no later than 10:00 a.m. of that morning. The Secretary’s notification shall identify the potential threat to the public health that may be posed by recreating in the waters where the unpermitted discharge occurred.

(e) Signage.

(1) Each combined sewer overflow outfall shall be marked with a permanent sign that identifies the outfall and warns of the potential threat to public health that may be posed by recreating in the waters at the outfall or downstream of the outfall during or after a wet weather storm event. The Secretary shall provide each municipality with a combined sewer overflow two signs for each outfall within the municipality. A municipality shall periodically inspect and maintain each sign marking a combined sewer overflow outfall and shall replace a sign if it is destroyed, removed, or no longer legible.

(2)(A) A municipality shall, within its jurisdiction or other geographic area specified by the Secretary, post temporary signs at public access areas downstream of:

(i) untreated discharges under subdivisions (a)(9)(B)-(D) of this section; and

(ii) other unpermitted discharges posted by the Secretary under subsection (d) of this section.

(B) The signs shall warn of the potential threat to public health that may be posed by recreating in the waters due to the untreated or unpermitted discharge. The signs shall remain in place for 48 hours after the untreated or unpermitted discharge has stopped.

(Added 2015, No. 86 (Adj. Sess.), § 1, eff. May 4, 2016.)

Subchapter 2 Mill Refuse

§ 1301 Deposit of sawmill waste in waters

(a) It shall be unlawful for a person to deposit edgings, slabs, sawdust, shavings, or any other sawmill refuse in the waters of any stream, pond, reservoir, or lake in this State or on the shores or banks thereof in such a manner as to be subject to being washed in the main stream or body of water under normal high water conditions.

(b) A person who violates the provisions of subsection (a) of this section shall be fined no more than $100.00 for each offense.

(Amended 1963, No. 224; 1967, No. 112.)

§§ 1302-1305 Repealed

[Repealed]

1963, No. 224, § 2.

Subchapter 2A Lake in Crisis

§ 1310 Designation of lake in crisis

(a) The Secretary of Natural Resources (Secretary) shall review whether a lake in the State should be designated as a lake in crisis upon the Secretary’s own motion or upon petition of 15 or more persons or a selectboard of a municipality in which the lake or a portion of the lake is located.

(b) The Secretary shall designate a lake as a lake in crisis if, after review under subsection (a) of this section, the Secretary determines that:

(1) the lake or segments of the lake have been listed as impaired;

(2) the condition of the lake will cause:

(A) a potential harm to the public health; and

(B) a risk of damage to the environment or natural resources; and

(3) a municipality in which the lake or a portion of the lake is located has reduced the valuation of real property due to the condition of the lake.

(Added 2017, No. 168 (Adj. Sess.), § 5, eff. May 22, 2018.)

§ 1311 State response to a lake in crisis

(a) Adoption of crisis response plan. When a lake is declared in crisis, the Secretary shall within 90 days after the designation of the lake in crisis issue a comprehensive crisis response plan for the management of the lake in crisis in order to improve water quality in the lake or to mitigate or eliminate the potential harm to public health or the risk of damages to the environment or natural resources. The Secretary shall coordinate with the Secretary of Agriculture, Food and Markets and the Secretary of Transportation in the development of the crisis response plan. The crisis response plan may require implementation of one or both of the following in the watershed of the lake in crisis:

(1) water quality requirements necessary to address specific harms to public health or risks to the environment or natural resources; or

(2) implementation of or compliance with existing water quality requirements under one or more of the following:

(A) water quality requirements under chapter 47 of this title, including requiring a property owner to obtain a permit or implement best management practices for the discharge of stormwater runoff from any size of impervious surfaces if the Secretary determines that the treatment of the discharge of stormwater runoff is necessary to reduce the adverse impacts to water quality of the discharge or stormwater on the lake in crisis;

(B) agricultural water quality requirements under 6 V.S.A. chapter 215, including best management practices under 6 V.S.A. § 4810 to reduce runoff from the farm; or

(C) water quality requirements adopted under section 1264 of this section for stormwater runoff from municipal or State roads.

(b) Public hearing. The Secretary shall hold at least one public hearing in the watershed of the lake in crisis and shall provide an opportunity for public notice and comment for a proposed lake in crisis response plan.

(c) Term of designation. A lake shall remain designated as in crisis under this section until the Secretary determines that the lake no longer satisfies the criteria for designation under subsection (b) of this section.

(d) Agency cooperation and services. All other State agencies shall cooperate with the Secretary in responding to the lake in crisis, and the Secretary shall be entitled to seek technical and scientific input or services from the Agency of Agriculture, Food and Markets, the Agency of Transportation, or other necessary State agencies.

(Added 2017, No. 168 (Adj. Sess.), § 5, eff. May 22, 2018.)

§ 1312 Lake in crisis order

The Secretary of Natural Resources, pursuant to chapter 201 of this title, or the Secretary of Agriculture, Food and Markets, pursuant to 6 V.S.A. chapter 215, may issue an order to require a person to:

(1) take an action identified in the lake in crisis response plan;

(2) cease or remediate any acts, discharges, site conditions, or processes contributing to the impairment of the lake in crisis;

(3) mitigate a significant contributor of a pollutant to the lake in crisis; or

(4) conduct testing, sampling, monitoring, surveying, or other analytical operations required to determine the nature, extent, duration, or severity of the potential harm to the public health or a risk of damage to the environment or natural resources.

(Added 2017, No. 168 (Adj. Sess.), § 5, eff. May 22, 2018.)

§ 1313 Assistance

(a) A person subject to a lake in crisis order shall be eligible for technical and financial assistance from the Secretary to be paid from the Lake in Crisis Response Program Fund. The Secretary shall adopt by procedure the process for application for assistance under this section.

(b) State financial assistance awarded under this section shall be in the form of a grant. An applicant for a State grant shall pay at least 35 percent of the total eligible project cost or shall pay the specific cost share authorized by statute for the program from which the grant is awarded. The dollar amount of a State grant shall be equal to the total eligible project cost, less the percent of the total required to be paid by the applicant, and less the amount of any federal assistance awarded.

(c) A grant awarded under this section shall comply with all terms and conditions for the issuance of State grants.

(Added 2017, No. 168 (Adj. Sess.), § 5, eff. May 22, 2018.)

§ 1314 Funding of State response to a lake in crisis

(a) Initial response. Upon designation of a lake in crisis, the Secretary may, for the purposes of the initial response to the lake in crisis, expend up to $50,000.00 appropriated to the Agency of Natural Resources from the Clean Water Fund for authorized contingency spending.

(b) Long-term funding. Annually, the Secretary of Natural Resources shall present to the House and Senate Committees on Appropriations a multiyear plan for the funding of all lakes designated in crisis under this subchapter. Based on the multiyear plan, the Secretary of Administration annually shall recommend to the House and Senate Committees on Appropriations recommended appropriations to the Lake in Crisis Response Program Fund for the subsequent fiscal year.

(Added 2017, No. 168 (Adj. Sess.), § 5, eff. May 22, 2018.)

§ 1315 Lake in Crisis Response Program Fund

(a) There is created a special fund known as the Lake in Crisis Response Program Fund to be administered by the Secretary of Natural Resources. The Fund shall consist of:

(1) funds that may be appropriated by the General Assembly; and

(2) other gifts, donations, or funds received from any source, public or private, dedicated for deposit into the Fund.

(b) The Secretary shall use monies deposited in the Fund for the Secretary’s implementation of a crisis response plan for a lake in crisis and for financial assistance under section 1313 of this title to persons subject to a lake in crisis order.

(c) Notwithstanding the requirements of 32 V.S.A. § 588(3) and (4), interest earned by the Fund and the balance of the Fund at the end of the fiscal year shall be carried forward in the Fund and shall not revert to the General Fund.

(Added 2017, No. 168 (Adj. Sess.), § 5, eff. May 22, 2018.)

Subchapter 2B Expanded Polystyrene Foam

§ 1321 Definitions

As used in this subchapter:

(1) “Buoy” means any float or marker that is attached to a mooring anchor and either is suitable for attachment to a boat through the use of a pennant or other device or facilitates the attachment of the boat to the mooring anchor.

(2) “Dock” means an unenclosed structure secured to land, land under waters, or a mooring or a floating structure that is used for mooring boats or for recreational activities, such as a swimming, fishing, or sunbathing platform. A dock includes a structure that is partially enclosed or has two or more levels.

(3) “Encapsulated” means a protective covering or physical barrier between the polystyrene device and the water.

(4) “Expanded polystyrene foam” means a thermoplastic petrochemical material utilizing the styrene monomer that is processed according to multiple techniques, including fusion of polymer spheres, injection molding, form molding, and extrusion-blow molding.

(5) “Floating structure” means a structure constructed on or in a water of the State that is supported by flotation and is secured in place by a piling or mooring anchor, including boathouses, fueling structures, floating homes, marinas, walkways, or boarding platforms.

(6) “Mooring anchor” means any anchor or weight that is designed to:

(A) rest on the land under water or be buried in the land under water;

(B) be attached to a buoy or floating structure by a chain, rope, or other mechanism; and

(C) be left in position permanently or on a seasonal basis.

(Added 2023, No. 121 (Adj. Sess.), § 26, eff. July 1, 2024.)

§ 1322 Installation, repair, removal, and sale of buoys, docks, or floating structures

(a) Encapsulation required. Expanded polystyrene foam used for flotation, including buoys, docks, or floating structures, shall be encapsulated by a protective covering or shall be designed to prevent the expanded polystyrene foam from disintegrating into the water.

(b) Prohibition; unencapsulated polystyrene and open-cell (beaded) polystyrene; repair. No person shall use unencapsulated polystyrene or open-cell (beaded) polystyrene for the installation of a new buoy, dock, or floating structure on the waters of the State. Unencapsulated polystyrene materials and open-cell beaded polystyrene shall not be used for the repair of buoys, docks, or floating structures on waters of the State.

(c) Methods of encapsulation.

(1) Encapsulation of a buoy, dock, or floating structure required under subsection (a) of this section shall completely cover or be a physical barrier between the expanded polystyrene foam and the water. Small gaps up to 0.75-inch-diameter ballast holes are permitted in the physical barrier or covering provided they are 0.1 percent or less of the square footage of the buoy, dock, or floating structure.

(2) All materials and methods of encapsulation shall provide an effective physical barrier between the expanded polystyrene foam and the water for a period not less than 10 years. Any fasteners used to hold encapsulation materials together shall be effectively treated or be of a form resistant to corrosion and decay.

(d) Disposal. Irreparable encapsulated polystyrene, unencapsulated polystyrene, and irreparable encapsulated open-cell (beaded) polystyrene used for flotation, including buoys, docks, or floating structures, shall be properly disposed of in an approved manner.

(e) Sale or distribution. No person shall sell, offer for sale, or otherwise distribute for compensation within the State dock floats, mooring buoys, or anchor or navigation markers made, in whole or in part, from expanded polystyrene foam that is:

(1) not wholly encapsulated or encased within a more durable material; or

(2) open-cell (beaded) polystyrene, including materials that are encapsulated and unencapsulated.

(Added 2023, No. 121 (Adj. Sess.), § 26, eff. July 1, 2024.)

§ 1323 Nuisance

The use of unencapsulated polystyrene as a flotation device in waters of the State, including in any dock system, float, mooring system, or buoy, is declared a nuisance and public health hazard and may be prosecuted as provided in the Vermont Revised Statutes.

(Added 2023, No. 121 (Adj. Sess.), § 26, eff. July 1, 2024.)

§ 1324 Rulemaking

The Secretary may adopt rules to implement the requirements of this subchapter.

(Added 2023, No. 121 (Adj. Sess.), § 26, eff. May 30, 2024.)

Subchapter 3 New England Interstate Water Pollution Control Compact

§ 1331 Preamble

Whereas, the growth of population and the development of the territory of the New England states has resulted in serious pollution of certain interstate streams, ponds and lakes, and of tidal waters ebbing and flowing past the boundaries of two or more states; and

Whereas, such pollution constitutes a menace to the health, welfare and economic prosperity of the people living in such area; and

Whereas, the abatement of existing pollution and the control of future pollution in the interstate waters of the New England area are of prime importance to the people and can best be accomplished through the cooperation of the New England states in the establishment of an interstate agency to work with the states in the field of pollution abatement;

Now, therefore, The states of Connecticut and Rhode Island and the Commonwealth of Massachusetts (the states of Maine, New Hampshire and Vermont when authorized and do join herein) are now bound and do agree as follows:

§ 1332 Waters subject to compact—Article I

It is agreed between the signatory states that the provisions of this compact shall apply to streams, ponds and lakes which are contiguous to two or more signatory states or which flow through two or more signatory states or which have a tributary contiguous to two or more signatory states or flowing through two or more signatory states, and also shall apply to tidal waters ebbing and flowing past the boundaries of two states.

§ 1333 Creation of Commission—Article II

There is hereby created the New England Interstate Water Pollution Control Commission (hereinafter referred to as the Commission) which shall be a body corporate and politic, having the powers, duties and jurisdiction herein enumerated and such other and additional powers as shall be conferred upon it by the act or acts of a signatory state concurred in by the others.

§ 1334 Composition of Commission—Article III

The Commission shall consist of five commissioners from each signatory state, each of whom shall be a resident voter of the state from which he or she is appointed. The commissioners shall be chosen in the manner and for the terms provided by law of the state from which they shall be appointed. For each state there shall be on the Commission a member representing the state health department, a member representing the state water pollution control board (if such exists), and, except where a state in its enabling legislation decides that the best interests of the state will be otherwise served, a member representing municipal interests, a member representing industrial interests, and a member representing an agency acting for fisheries or conservation.

§ 1335 General powers of Commission—Article IV

The Commission shall annually elect from its members a chair and vice chair and shall appoint and at its pleasure remove or discharge such officers. It may appoint and employ a secretary who shall be a professional engineer versed in water pollution and may employ such stenographic or clerical employees as shall be necessary, and at its pleasure remove or discharge such employees. It shall adopt a seal and suitable bylaws and shall promulgate rules and regulations for its management and control. It may maintain an office for the transaction of its business and may meet at any time or place within the signatory states. Meetings shall be held at least twice each year. A majority of the members shall constitute a quorum for the transaction of business, but no action of the Commission imposing any obligation on any signatory state or on any municipal agency or subdivision thereof or on any person, firm or corporation therein shall be binding unless a majority of the members from such signatory state shall have voted in favor thereof. Where meetings are planned to discuss matters relevant to problems of water pollution control affecting only certain of the signatory states, the Commission may vote to authorize special meetings of the commissioners of the states especially concerned. The Commission shall keep accurate accounts of all receipts and disbursements and shall make an annual report to the governor and the legislature of each signatory state setting forth in detail the operations and transactions conducted by it pursuant to this compact, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the signatory states which may be necessary to carry out the intent and purpose of this compact. The Commission shall not incur any obligations for salaries, office, administrative, traveling or other expenses prior to the allotment of funds by the signatory states adequate to meet the same; nor shall the Commission pledge the credit of any of the signatory states. Each signatory state reserves the right to provide hereafter by law for the examination and audit of the accounts of the Commission. The Commission shall appoint a treasurer who may be a member of the Commission, and disbursements by the Commission shall be valid only when authorized by the Commission and when vouchers therefor have been signed by the secretary and countersigned by the treasurer. The secretary shall be custodian of the records of the Commission with authority to attest to and certify such records or copies thereof.

§ 1336 Water standards; classification—Article V

It is recognized, owing to such variable factors as location, size, character and flow and the many varied uses of the waters subject to the terms of this compact, that no single standard of sewage and waste treatment and no single standard of quality of receiving waters is practical and that the degree of treatment of sewage and industrial wastes should take into account the classification of the receiving waters according to present and proposed highest use, such as for drinking water supply, industrial and agricultural uses, bathing and other recreational purposes, maintenance and propagation of fish life, shellfish culture, navigation and disposal of wastes.

The Commission shall establish reasonable physical, chemical and bacteriological standards of water quality satisfactory for various classifications of use. It is agreed that each of the signatory states through appropriate agencies will prepare a classification of its interstate waters in entirety or by portions according to present and proposed highest use and for this purpose technical experts employed by state departments of health and state water pollution control agencies are authorized to confer on questions relating to classification of interstate waters affecting two or more states. Each signatory state agrees to submit its classification of its interstate waters to the Commission for approval. It is agreed that after such approval all signatory states through their appropriate state health departments and water pollution control agencies will work to establish programs of treatment of sewage and industrial wastes which will meet standards established by the Commission for classified waters. The Commission may from time to time make such changes in definitions of, classifications and in standards as may be required by changed conditions or as may be necessary for uniformity.

§ 1337 Interstate inland and tidal waters—Article VI

Each of the signatory states pledges to provide for the abatement of existing pollution and for the control of future pollution of interstate inland and tidal waters as described in Article I, and to put and maintain the waters thereof in a satisfactory condition consistent with the highest classified use of each body of water.

§ 1338 Effect on local legislation; pending causes—Article VII

Nothing in this compact shall be construed to repeal or prevent the enactment of any legislation or prevent the enforcement of any requirement by any signatory state imposing any additional condition or restriction to further lessen the pollution of waters within its jurisdiction. Nothing herein contained shall affect or abate any action now pending brought by any governmental board or body created by or existing under any of the signatory states.

§ 1339 Expenses; obligation of signatories—Article VIII

The signatory states agree to appropriate for the salaries, office, administrative, travel and other expenses such sum or sums as shall be recommended by the Commission. The commonwealth of Massachusetts obligates itself only to the extent of $6,500.00 in any one year, the state of Connecticut only to the extent of $3,000.00 in any one year, the state of Rhode Island only to the extent of $1,500.00 in any one year, and the states of New Hampshire, Maine and Vermont each only to the extent of $1,000.00 in any one year.

§ 1340 Separability of provisions—Article IX

Should any part of this compact be held to be contrary to the constitution of any signatory state or of the United States, all other parts thereof shall continue to be in full force and effect.

§ 1341 New York State; cooperation—Article X

The Commission is authorized to discuss with appropriate state agencies in New York State questions of pollution of waters which flow into the New England area from New York State or vice versa and to further the establishment of agreements on pollution abatement to promote the interests of the New York and New England areas.

Whenever the Commission by majority vote of the members of each signatory state shall have given its approval and the State of New York shall have taken the necessary action to do so, the State of New York shall be a party to this compact for the purpose of controlling and abating the pollution of waterways common to New York and the New England states signatory to this compact but excluding the waters under the jurisdiction of the Interstate Sanitation Commission (New York, New Jersey and Connecticut).

§ 1342 Effective, when—Article XI

This compact shall become effective immediately upon the adoption of the compact by any two contiguous states of New England but only insofar as applies to those states and upon approval by federal law. Thereafter upon ratification by other contiguous states, it shall also become effective as to those states.

§ 1343 Commission membership

The State shall be represented on the Commission by five commissioners, one of whom shall be the Commissioner of Environmental Conservation, and four of whom shall be appointed by the Governor. Of those appointed by the Governor, one shall be an officer of municipal government, and the remaining members may be members of the public or officers or employees of State government.

(Added 1981, No. 222 (Adj. Sess.), § 26; amended 2019, No. 14, § 32, eff. April 30, 2019.)

Subchapter 3A Concentrated Animal Feeding Operations

§ 1351 Definitions

As used in this subchapter:

(1) “Agricultural waste” means material originating or emanating from a farm or imported onto a farm that contains sediments; minerals, including heavy metals; plant nutrients; pesticides; organic wastes, including livestock waste; animal mortalities; compost; feed, litter, and crop debris; waste oils; pathogenic bacteria and viruses; thermal pollution; silage runoff; process wastewater; untreated milk house waste; and any other farm waste as the term “waste” is defined in subdivision 1251(12) of this chapter.

(2)(A) “Animal feeding operation” or “AFO” means a lot or facility, other than an aquatic animal production facility, where the following conditions are met:

(i) animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and

(ii) crops, vegetation, or forage growth are not sustained in the normal growing season over any portion of the lot or facility.

(B) Two or more individual farms qualifying as an AFO that are under common ownership and that adjoin each other or use a common area or system for the disposal of waste shall be considered to be a single AFO if the combined number of livestock or domestic fowl on the combined farm qualifies the combined farm as a large CAFO as defined in subdivision (5) of this section or as a medium CAFO as defined in subdivision (8) of this section.

(3) “Concentrated animal feeding operation” or “CAFO” means an AFO that is defined as a large CAFO, a medium CAFO, or a small CAFO.

(4) “Land application area” means the area under the control of an AFO or CAFO owner or operator, whether it is owned, rented, or leased, to which manure, litter, or process wastewater may be applied.

(5) “Large concentrated animal feeding operation” or “Large CAFO” means an AFO that houses 700 or more mature dairy animals, 1,000 or more cattle or cow or calf pairs, 1,000 or more veal calves, 2,500 or more swine weighing over 55 pounds, 10,000 or more swine weighing 55 pounds or less, 500 or more horses, 10,000 or more sheep or lambs, 55,000 or more turkeys, 30,000 or more laying hens or broilers with a liquid manure handling system, 82,000 or more laying hens without a liquid manure handling system, 125,000 or more chickens other than laying hens without a liquid manure handling system, 5,000 or more ducks with a liquid manure handling system, or 30,000 or more ducks without a liquid manure handling system.

(6) “Large farm operation” or “LFO” has the same meaning as in 6 V.S.A. chapter 215.

(7) “Manure” means livestock waste in solid or liquid form that may also contain bedding, compost, and raw materials or other materials commingled with manure or set aside for disposal.

(8) “Medium concentrated animal feeding operation” or “medium CAFO” means an AFO that is defined as an AFO by the VPDES CAFO Rules adopted by the Secretary, including an AFO that:

(A) houses 200 to 699 mature dairy animals, 300 to 999 cattle or cow or calf pairs, 300 to 999 veal calves, 750 to 2,499 swine weighing over 55 pounds, 3,000 to 9,999 swine weighing 55 pounds or less, 150 to 499 horses, 3,000 to 9,999 sheep or lambs, 16,500 to 54,999 turkeys, 9,000 to 29,999 laying hens or broilers with a liquid manure handling system, 25,000 to 81,999 laying hens without a liquid manure handling system, 37,500 to 124,999 chickens other than laying hens without a liquid manure handling system, 1,500 to 4,999 ducks with a liquid manure handling system, or 10,000 to 29,999 ducks without a liquid manure handling system; and

(B) either of the following conditions are met:

(i) wastes are discharged into waters through a man-made ditch, flushing system, or other similar man-made device; or

(ii) wastes are discharged directly into waters that originate outside of or pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.

(9) “Medium farm operation” or “MFO” has the same meaning as medium farm operation in 6 V.S.A chapter 215 and rules adopted under the chapter.

(10) “Point source” means any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.

(11) “Process wastewater” means water directly or indirectly used in the operation of an AFO or CAFO for any or all of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning, or flushing pens, barns, manure pits, or other AFO or CAFO facilities; direct contact swimming, washing, or spray cooling of animals; or dust control. Process wastewater also includes any water that comes into contact with any raw materials, products, or byproducts, including manure, litter, feed, milk, eggs, or bedding.

(12) “Production area” means that part of an AFO or CAFO that includes the animal confinement area, the manure storage area, the raw materials storage area, and the waste containment areas. The animal confinement area includes open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milkrooms, milking centers, cowyards, barnyards, medication pens, walkers, animal walkways, and stables. The manure storage area includes lagoons, runoff ponds, storage sheds, stockpiles, under house or pit storages, liquid impoundments, static piles, and composting piles. The raw materials storage area includes feed silos, silage bunkers, and bedding materials. The waste containment area includes settling basins, and areas within berms and diversions that separate uncontaminated storm water. Also included in the definition of production area is any egg washing or egg processing facility and any area used in the storage, handling, treatment, or disposal of mortalities.

(13) “Secretary” means the Secretary of Natural Resources.

(14) “Small animal feeding operation” or “SFO” means an AFO that is not a large CAFO or a medium CAFO.

(15) “Small concentrated animal feeding operation” or “small CAFO” means a small AFO designated as a small CAFO by the Secretary upon determining that the AFO is a significant contributor of pollutants to waters of the State and is defined as a CAFO by the regulations adopted under the federal Clean Water Act.

(16) “Waters of the United States” shall have the same meaning as defined by the federal Clean Water Act.

(Added 2025, No. 67, § 8, eff. July 1, 2025.)

§ 1352 Powers of the Secretary

The Secretary has the authority to exercise all of the following:

(1) Implement the federal Clean Water Act to administer a Vermont pollutant discharge elimination system (VPDES) CAFO program that is at least as stringent as the federal Clean Water Act and enabling rules.

(2) Make, adopt, revise, and amend rules as necessary to administer a VPDES CAFO program that is at least as stringent as the federal Clean Water Act and enabling rules.

(3) Make, adopt, revise, and amend procedures, guidelines, inspection checklists, and other documents as necessary for the administration of the VPDES CAFO program.

(4) Designate any AFO that meets the definition of a CAFO under the federal Clean Water Act regulations or under the VPDES CAFO Rule as a CAFO, in the Secretary’s sole discretion.

(5) Require any AFO to obtain a CAFO permit under this chapter upon a determination that the AFO is discharging to waters of the State.

(6) Designate any small AFO as a CAFO if after an on-site inspection, the Secretary determines that the small AFO is discharging into water and is a significant contributor of pollutants to waters of the State. The Secretary shall consider the following factors:

(A) the size of the AFO and the amount of wastes reaching waters;

(B) the location of the AFO relative to waters;

(C) the means of conveyance of animal wastes and process waste waters into waters;

(D) the slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal wastes manure and process wastewaters into waters; and

(E) other relevant factors.

(7) Access private or public property to inspect AFOs and CAFOs, take photos and samples, and review and copy AFO and CAFO land management records, including nutrient management plans, as may be necessary to carry out the provisions of this subchapter.

(8) Solicit and receive federal funds to implement the CAFO program.

(9) Cooperate fully with the federal government or other agencies in the operation of any joint federal-state programs concerning the regulation of agricultural pollution.

(10) Appoint assistants or contract with persons with applicable expertise, subject to applicable laws and State policies, to perform or assist in the performance of the duties and functions of the Secretary under this chapter.

(Added 2025, No. 67, § 8, eff. July 1, 2025.)

§ 1353 CAFO permit requirements and exemptions

(a) The discharge of manure, litter, or process wastewater to waters of the State from a permitted CAFO as a result of the application of that manure, litter, or process wastewater by the CAFO to land areas under its control is a discharge from that CAFO subject to VPDES permit requirements, except where it is an agricultural stormwater discharge as provided under the federal Clean Water Act. For purposes of this subsection, where the manure, litter, or process wastewater has been applied in accordance with the federal regulations under the Clean Water Act, a precipitation-related discharge of manure, litter, or process wastewater from land areas under the control of a CAFO is an agricultural stormwater discharge. For unpermitted Large CAFOs, a precipitation-related discharge of manure, litter, or process wastewater from land areas under the control of the CAFO shall be considered an exempt agricultural stormwater discharge only where the manure, litter, or process wastewater has been land applied in accordance with site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater, as determined by the Secretary.

(b) All MFOs and LFOs shall maintain documentation of a nutrient management plan and practices on site or at a nearby office and make the documentation readily available to the Secretary upon request.

(c) The presumption in 6 V.S.A. § 4810(b) that farms in compliance with the Agency of Agriculture, Food and Markets’ Required Agricultural Practices Rule are not discharging is not applicable to any AFO determined by the Secretary’s decision to be a CAFO.

(Added 2025, No. 67, § 8, eff. July 1, 2025.)

Subchapter 4 Provisions Relating to Water Pollution Compact

§ 1371 Authority for compact

On behalf of the State of Vermont, the Governor thereof is hereby authorized and directed to execute a compact, as set forth in sections 1331-1342 of this title, with any of the New England states or the State of New York legally joined therein.

§ 1372 Members; appointment; term

(a) Within 30 days after he or she has executed the Compact with any or all of the states legally joined therein, the Governor shall appoint three persons to serve as commissioners to the New England Interstate Water Pollution Control Commission. The Commissioner of Environmental Conservation and the Commissioner of Health shall serve as ex officio commissioners on the Commission.

(b) The commissioners so appointed shall hold office for six years. A vacancy occurring in the office of a commissioner shall be filled by the Governor for the unexpired portion of the term.

(c) The commissioners shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010.

(d) The commissioners shall have the powers and duties and be subject to limitations as set forth in the Compact.

(Amended 2018, No. 2 (Sp. Sess.), § 8.)

§ 1373 Appropriation

The sum of $1,150.00 annually, or so much thereof as may be necessary, is hereby appropriated for the purpose of carrying out the provisions of the New England Interstate Water Pollution Control Compact relating to the payment by the State to the New England Interstate Water Pollution Control Commission of the proportionate share of the State in the expenses of such Commission.

Subchapter 5 Detergents and Household Cleansing Products

§ 1381 Definitions

As used in this subchapter:

(1) “Commercial establishment” means any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation, or commercial or charitable activity, including laundries, hospitals, and food or restaurant establishments.

(2) “Household cleansing product” means any product, including soaps and detergents used for domestic or commercial cleaning purposes, including the cleansing of fabric, dishes, food utensils, and household and commercial premises. Household cleansing product shall not mean:

(A) Food, drugs and cosmetics, including personal care items such as toothpaste, shampoo, and hand soap;

(B) Products labeled, advertised, marketed, and distributed for use primarily as economic poisons as defined in 6 V.S.A. § 911(5).

(3) “Phosphorus” means elemental phosphorus.

(4) “Trace quantity” means an incidental amount of phosphorus that is not part of the household cleansing product formulation, is present only as a consequence of manufacturing and does not exceed 0.5 percent of the content of the product by weight, expressed as elemental phosphorus.

(5) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative.

(6) “Person” means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity.

(Added 1977, No. 39, § 1, eff. April 19, 1977; amended 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 31.)

§ 1382 Prohibitions

(a) No household cleansing products containing a phosphorus compound in concentrations in excess of a trace quantity may be distributed, sold, offered for sale at retail or wholesale, exposed for sale at retail or wholesale, or used in a commercial establishment in this State, except as set forth in subsections (b) and (c) of this section.

(b) No household cleansing product used in a dishwasher in a commercial establishment, used to cleanse food and beverage processing equipment, including dishes, pots, pans, and utensils, used to cleanse medical or surgical equipment, or used to cleanse dairy equipment may be distributed, sold, offered for sale at retail or wholesale, exposed for sale at retail or wholesale, or used in a commercial establishment if it contains a phosphorus compound in concentrations in excess of 8.7 percent by weight expressed as elemental phosphorus.

(c) As of July 1, 2010, no household cleansing product used in a residential dishwasher may be distributed, sold, offered for sale at retail or wholesale, or exposed for sale at retail or wholesale if it contains a phosphorus compound in concentrations in excess of a trace quantity, except for product inventory purchased by retailers prior to July 1, 2010.

(d) The provisions of this section shall not be construed to limit the phosphorus content of household cleansing products used in agricultural production and for cleansing equipment used in processing of agricultural products.

(e) The provisions of this section shall not be construed to limit the phosphorus content of household cleaning products approved by the Commissioner of Health for use in lead hazard management projects.

(Added 1977, No. 39, § 1, eff. April 19, 1977; amended 1993, No. 229 (Adj. Sess.), § 1; 2007, No. 28, § 1.)

§ 1383 Exclusions

The manufacturer of a cleansing product used primarily in industrial manufacturing, production, and assembling processes or any user of the product may apply to the Secretary to have the product excluded from regulation under this subchapter. The application shall contain sufficient evidence to show that the cleansing product is used primarily in industrial manufacturing, production, and assembling processes and that there is no reasonably available alternative to the user. The exclusion shall only extend to the use of the product in industrial manufacturing, production, and assembling processes. The exclusion, if granted, shall be for a specified period of time and may be extended by the Secretary upon further application by the industrial manufacturer or user.

(Added 1977, No. 39, § 1, eff. April 19, 1977.)

§ 1384 Penalty

A person who violates a provision of this subchapter shall be fined not more than $2,500.00 for a single violation. In the case of a continuing violation, each day’s continuance after notification by a law enforcement officer shall be considered an additional offense for which a person shall be fined not more than $100.00 for each day’s offense, in addition to the penalty imposed for a single violation.

(Added 1977, No. 39, § 1, eff. April 19, 1977.)

Subchapter 6 Lake Champlain Water Quality

§ 1385 Repealed

[Repealed]

2011, No. 138 (Adj. Sess.), § 33, eff. May 14, 2012.

§ 1386 Implementation plan for the Lake Champlain total maximum daily load

(a) Within three months after the issuance of a phosphorus total maximum daily load plan (TMDL) for Lake Champlain by the U.S. Environmental Protection Agency, the Secretary of Natural Resources shall update the State of Vermont’s phase I TMDL implementation plan to reflect the elements that the State determines are necessary to meet the allocations established in the final TMDL for Lake Champlain. The update of the phase I TMDL implementation plan for Lake Champlain shall explain how basin plans will be used to implement the updated phase I TMDL implementation plan and shall include a schedule for the adoption of basin plans within the Lake Champlain basin. In addition to the requirements of subsection 1253(d) of this title, a basin plan for a basin within the Lake Champlain basin shall include the following:

(1) phosphorus reduction strategies within the basin that will achieve the State’s obligations under the phase I TMDL implementation plan for Lake Champlain;

(2) a schedule for the issuance of permits to control phosphorus discharges from wastewater treatment facilities as necessary to implement the State’s obligations under the phase I TMDL implementation plan for Lake Champlain;

(3) a schedule for the issuance of permits to control stormwater discharges as necessary to implement the State’s obligations under the phase I TMDL implementation plan for Lake Champlain;

(4) wetland and river corridor restoration and protection projects that will achieve the State’s obligations under the phase I TMDL implementation plan for Lake Champlain;

(5) a table of nonpoint source activities that will achieve the State’s obligations under the phase I TMDL implementation plan for Lake Champlain; and

(6) other strategies and activities that the Secretary determines to be necessary to achieve the State’s obligations under the phase I TMDL implementation plan for Lake Champlain.

(b) The Secretary shall develop and implement a method of tracking and accounting for actions implemented to achieve the Lake Champlain TMDL.

(c) Prior to finalizing the update to the phase I TMDL implementation plan for Lake Champlain, the Secretary shall provide notice to the public of the proposed revisions and a comment period of no less than 30 days.

(d) On or before January 15 in the year following issuance of the updated phase I TMDL implementation plan for Lake Champlain under subsection (a) of this section and every four years thereafter, the Secretary shall report to the House Committee on Environment, the Senate Committee on Natural Resources and Energy, the House Committee on Agriculture, Food Resiliency, and Forestry, and the Senate Committee on Agriculture regarding the execution of the updated phase I TMDL implementation plan for Lake Champlain. The report shall include:

(1) A summary of the efforts undertaken to implement the phase I TMDL implementation plan for Lake Champlain.

(2) An assessment of the implementation plan for the Lake Champlain TMDL based on available data, including an evaluation of the efficacy of the phase I TMDL implementation plan for Lake Champlain.

(e) Beginning on January 15, 2019, and annually thereafter, the Secretary shall report the status of Lake Champlain total maximum daily load implementation plan milestones, phase 2 and beyond, identified in tactical basin plan implementation tables for each basin due for an U.S. Environmental Protection Agency interim or final report card in accordance with the TMDL Accountability Framework schedule. The provisions of 2 V.S.A. § 20(d), expiration of required reports, shall not apply to the report to be made under this subsection.

(Added 2007, No. 130 (Adj. Sess.), § 2, eff. May 12, 2008; amended 2011, No. 138 (Adj. Sess.), § 32, eff. May 14, 2012; 2015, No. 64, § 36; 2017, No. 154 (Adj. Sess.), § 20, eff. May 21, 2018; 2021, No. 170 (Adj. Sess.), § 2, eff. July 1, 2022.)

Subchapter 7 Vermont Clean Water Fund

§ 1387 Findings; purpose; Clean Water Initiative

(a)(1) The State has committed to implementing a long-term Clean Water Initiative to provide mechanisms, staffing, and financing necessary to achieve and maintain compliance with the Vermont Water Quality Standards for all State waters.

(2) Success in implementing the Clean Water Initiative will depend largely on providing sustained and adequate funding to support the implementation of all of the following:

(A) the requirements of 2015 Acts and Resolves No. 64;

(B) federal or State required cleanup plans for individual waters or water segments, such as total maximum daily load plans;

(C) the Agency of Natural Resources’ Combined Sewer Overflow Rule;

(D) the operations of clean water service providers under chapter 37, subchapter 5 of this title; and

(E) the permanent protection of land and waters from future development and impairment through conservation and water quality projects funded by the Vermont Housing and Conservation Trust Fund authorized by chapter 15 of this title.

(3) To ensure success in implementing the Clean Water Initiative, the State should commit to funding the Clean Water Initiative in a manner that ensures the maintenance of effort and that provides an annual appropriation for clean water programs in a range of $50 million to $60 million as adjusted for inflation over the duration of the Initiative.

(4) To avoid the future impairment and degradation of the State’s waters, the State should commit to continued funding for the protection of land and waters through agricultural and natural resource conservation, including through permanent easements and fee acquisition.

(b) The General Assembly establishes in this subchapter a Vermont Clean Water Fund as a mechanism for financing the improvement of water quality in the State. The Clean Water Fund shall be used to:

(1) assist the State in the implementation of the Clean Water Initiative;

(2) fund staff positions at the Agency of Natural Resources, Agency of Agriculture, Food and Markets, or Agency of Transportation when the positions are necessary to achieve or maintain compliance with water quality requirements and existing revenue sources are inadequate to fund the necessary positions; and

(3) provide funding to clean water service providers to meet the obligations of chapter 37, subchapter 5 of this title.

(Added 2015, No. 64, § 37, eff. June 16, 2015; amended 2019, No. 76, § 3.)

§ 1388 Clean Water Fund

(a) There is created a special fund to be known as the Clean Water Fund to be administered by the Secretary of Administration. The Fund shall consist of:

(1) revenues from the Property Transfer Tax surcharge established under 32 V.S.A. § 9602a;

(2) other gifts, donations, and impact fees received from any source, public or private, dedicated for deposit into the Fund and approved by the Secretary of Administration;

(3) the unclaimed beverage container deposits (escheats) remitted to the State under chapter 53 of this title;

(4) six percent of the revenues from the meals and rooms taxes imposed under 32 V.S.A. chapter 225; and

(5) other revenues dedicated for deposit into the Fund by the General Assembly.

(b) Notwithstanding any contrary provisions of 32 V.S.A. chapter 7, subchapter 5, unexpended balances and any earnings shall remain in the Fund from year to year.

(Added 2015, No. 64, § 37, eff. June 16, 2015; amended 2017, No. 208 (Adj. Sess.), § 4b, eff. May 30, 2018; 2019, No. 76, § 3a, eff. Oct. 1, 2019.)

§ 1389 Clean Water Board

(a) Creation.

(1) There is created the Clean Water Board that shall:

(A) be responsible and accountable for planning, coordinating, and financing of the remediation, improvement, and protection of the quality of State waters; and

(B) recommend to the Secretary of Administration expenditures:

(i) appropriations from the Clean Water Fund according to the priorities established under subsection (e) of this section; and

(ii) water quality programs or projects that provide water quality benefits, reduce pollution, protect natural areas, enhance water quality protections on agricultural land, enhance flood and climate resilience, provide wildlife habitat, or promote and enhance outdoor recreation in support of rural community vitality to be funded by capital appropriations.

(2) The Clean Water Board shall be attached to the Agency of Administration for administrative purposes.

(b) Organization of the Board. The Clean Water Board shall be composed of:

(1) the Secretary of Administration or designee;

(2) the Secretary of Natural Resources or designee;

(3) the Secretary of Agriculture, Food and Markets or designee;

(4) the Secretary of Commerce and Community Development or designee;

(5) the Secretary of Transportation or designee; and

(6) four members of the public, who are not legislators, with expertise in one or more of the following subject matters: public management, civil engineering, agriculture, ecology, wetlands, stormwater system management, forestry, transportation, law, banking, finance, and investment, to be appointed by the Governor.

(c) Officers; committees; rules; compensation; term.

(1) The Secretary of Administration shall serve as the Chair of the Board. The Clean Water Board may elect additional officers from its members, establish committees or subcommittees, and adopt procedural rules as necessary and appropriate to perform its work.

(2) Members of the Board who are not employees of the State of Vermont and who are not otherwise compensated or reimbursed for their attendance shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010 paid from the budget of the Agency of Administration for attendance of meetings of the Board.

(3) Members who are appointed to the Clean Water Board shall be appointed for terms of four years, except initial appointments shall be made such that two members appointed by the Governor shall be appointed for a term of two years. Vacancies on the Board shall be filled for the remaining period of the term in the same manner as initial appointments.

(d) Powers and duties of the Clean Water Board. The Clean Water Board shall have the following powers and authority:

(1) The Clean Water Board shall recommend to the Secretary of Administration the appropriate allocation of funds from the Clean Water Fund for the purposes of developing the State budget required to be submitted to the General Assembly under 32 V.S.A. § 306. All recommendations from the Board should be intended to achieve the greatest water quality gain for the investment. The recommendations of the Clean Water Board shall be open to inspection and copying under the Public Records Act, and the Clean Water Board shall submit to the Senate Committees on Appropriations, on Finance, on Agriculture, and on Natural Resources and Energy and the House Committees on Appropriations, on Ways and Means, on Agriculture and Forestry, and on Natural Resources, Fish, and Wildlife a copy of any recommendations provided to the Governor.

(2) The Clean Water Board may pursue and accept grants, gifts, donations, or other funding from any public or private source and may administer such grants, gifts, donations, or funding consistent with the terms of the grant, gift, or donation.

(3) The Clean Water Board shall:

(A) develop an annual revenue estimate and proposed budget for the Clean Water Fund;

(B) establish measures for determining progress and effectiveness of expenditures for clean water restoration efforts;

(C) if the Board determines that there are insufficient funds in the Clean Water Fund to issue all grants or financing required by sections 925-928 of this title, conduct all of the following:

(i) Direct the Secretary of Natural Resources to prioritize the work needed in every basin, adjust pollution allocations assigned to clean water service providers, and issue grants based on available funding.

(ii) Make recommendations to the Governor and General Assembly on additional revenue to address unmet needs.

(iii) Notify the Secretary of Natural Resources that there are insufficient funds in the Fund. The Secretary of Natural Resources shall consider additional regulatory controls to address water quality improvements that could not be funded.

(D) issue the annual Clean Water Investment Report required under section 1389a of this title;

(E) solicit, consult with, and accept public comment from organizations interested in improving water quality in Vermont regarding recommendations under this subsection (d) for the allocation of funds from the Clean Water Fund; and

(F) recommend capital appropriations for the permanent protection of land and waters from future development through conservation and water quality projects.

(e) Priorities. In making recommendations under subsection (d) of this section regarding the appropriate allocation of funds from the Clean Water Fund, the Board shall prioritize as follows:

(1) As a first priority, make recommendations regarding funding for the following grants and programs, which shall each be given equal priority:

(A) grants to clean water service providers to fund the reasonable costs associated with the inspection, verification, operation, and maintenance of clean water projects in a basin;

(B) the Water Quality Restoration Formula Grant under section 925 of this title;

(C) the Agency of Agriculture, Food and Markets’ agricultural water quality programs;

(D) the Water Quality Enhancement Grants under section 926 of this title at a funding level of at least 20 percent of the annual balance of the Clean Water Fund, provided that the maximum amount recommended under this subdivision (D) in any year shall not exceed $5,000,000.00; and

(E) funding to partners for basin planning, basin water quality council participation, education, and outreach as provided in subdivision 1253(d)(3) of this title, provided funding shall be at least $500,000.00.

(2) As the next priority after reviewing funding requests for programs identified under subdivision (1) of this subsection:

(A) funding to programs or projects that address or repair riparian conditions that increase the risk of flooding or pose a threat to life or property;

(B) funding for education and outreach regarding the implementation of water quality requirements, including funding for education, outreach, demonstration, and access to tools for the implementation of the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the Commissioner of Forests, Parks and Recreation;

[Subdivision (e)(2)(C) effective until October 1, 2032; see also subdivision (e)(2)(C) effective October 1, 2032 set out below.]

(C) funding for the Municipal Stormwater Implementation Program as provided in section 928 of this title, including at least $1,000,000.00 annually for costs of complying with permitting requirements under subdivision 1264(c)(7) of this title;

[Subdivision (e)(2)(C) effective October 1, 2032; see also subdivision (e)(2)(C) effective until October 1, 2032 set out above.]

(C) funding for the Municipal Stormwater Implementation Program as provided in section 928 of this title;

(D) funding for innovative or alternative technologies or practices designed to improve water quality or reduce sources of pollution to surface waters, including funding for innovative nutrient removal technologies and community-based methane digesters that utilize manure, wastewater, and food residuals to produce energy; and

(E) funding to purchase agricultural land in order to take that land out of practice when the State water quality requirements cannot be remediated through agricultural Best Management Practices.

(3) As the next priority after reviewing funding requests under subdivisions (1) and (2) of this subsection, funding for the Developed Lands Implementation Program as provided in section 927 of this title.

(f) Assistance. The Clean Water Board shall have the administrative, technical, and legal assistance of the Agency of Administration, the Agency of Natural Resources, the Agency of Agriculture, Food and Markets, the Agency of Transportation, and the Agency of Commerce and Community Development for those issues or services within the jurisdiction of the respective agency. The cost of the services provided by agency staff shall be paid from the budget of the agency providing the staff services.

(Added 2015, No. 64, § 37, eff. June 16, 2015; amended 2015, No. 158 (Adj. Sess.), § 33, eff. June 2, 2016; 2017, No. 74, § 16a; 2017, No. 168 (Adj. Sess.), § 1, eff. May 22, 2018; 2019, No. 76, § 4; 2025, No. 37, § 7, eff. July 1, 2025; 2025, No. 37, § 10, eff. October 1, 2032.)

§ 1389a Clean Water Investment Report

(a) Beginning on January 15, 2017, and annually thereafter, the Secretary of Administration shall publish the Clean Water Investment Report. The Report shall summarize all investments, including their cost-effectiveness, made by the Clean Water Board and other State agencies for clean water restoration over the prior fiscal year. The Report shall include expenditures from the Clean Water Fund, the General Fund, the Transportation Fund, and any other State expenditures for clean water restoration, regardless of funding source.

(b) The Report shall include:

(1) Documentation of progress or shortcomings in meeting established indicators for clean water restoration.

(2) [Repealed.]

(3) A summary of water quality problems or concerns in each watershed basin of the State, a list of water quality projects identified as necessary in each basin of the State, and how identified projects have been prioritized for implementation. The water quality problems and projects identified under this subdivision shall include programs or projects identified across State government and shall not be limited to projects listed by the Agency of Natural Resources in its watershed projects database.

(4) A summary of any changes to applicable federal law or policy related to the State’s water quality improvement efforts, including any changes to requirements to implement total maximum daily load plans in the State.

(5) [Repealed.]

(6) Beginning on January 2024, a summary of the administration of the grant programs established under sections 925–928 of this title, including whether these grant programs are adequately funding implementation of the Clean Water Initiative and whether the funding limits for the Water Quality Enhancement Grants under subdivision 1389(e)(1)(D) of this title should be amended to improve State implementation of the Clean Water Initiative.

(7) Beginning in January 2028 and every four years thereafter, a review of the sufficiency of the Clean Water Surcharge to the Property Transfer Tax under 32 V.S.A. § 9602a, including an assessment of whether the revenue generated by the surcharge remains necessary to fulfill the State’s clean water initiatives. The review shall include an assessment of whether the Clean Water Surcharge should be continued, whether the amount of the surcharge should be adjusted, and whether the surcharge should be repealed at a specified date.

(c) The Report may also provide an overview of additional funding necessary to meet objectives established for clean water restoration and recommendations for additional revenue to meet those restoration objectives. The provisions of 2 V.S.A. § 20(d), expiration of required reports, shall not apply to the report required by this section.

(d)(1) The Secretary of Administration shall develop and use a results-based accountability process in publishing the annual report required by subsection (a) of this section.

(2) The Secretary of Administration shall develop user-friendly issue briefs, tables, or executive summaries that make the information required under subdivision (b)(3) of this section available to the public separately from the report required by this section.

(3) On or before September 1 of each year, the Secretary of Administration shall submit to the Joint Fiscal Committee a summary of available federal funding related to or for water quality efforts in the State.

(Added 2015, No. 64, § 37, eff. June 16, 2015; amended 2017, No. 85, § E.700.1; 2017, No. 168 (Adj. Sess.), § 2, eff. May 22, 2018; 2019, No. 76, § 10; 2021, No. 170 (Adj. Sess.), § 3, eff. July 1, 2022; 2023, No. 79, § 9, eff. July 1, 2023; 2025, No. 37, § 7a, eff. July 1, 2025.)

§ 1389b Clean Water Fund audit

(a) On or before January 15, 2023, the Secretary of Administration shall submit to the House and Senate Committees on Appropriations, the Senate Committee on Finance, the House Committee on Ways and Means, the Senate Committee on Agriculture, the House Committee on Agriculture, Food Resiliency, and Forestry, the Senate Committee on Natural Resources and Energy, and the House Committee on Environment a program audit of the Clean Water Fund. The audit shall include:

(1) a summary of the expenditures from the Clean Water Fund, including the water quality projects and programs that received funding;

(2) an analysis and summary of the efficacy of the water quality projects and programs funded from the Clean Water Fund or implemented by the State;

(3) an evaluation of whether water quality projects and programs funded or implemented by the State are achieving the intended water quality benefits;

(4) an assessment of the capacity of the Agency of Agriculture, Food and Markets to effectively administer and enforce agricultural water quality requirements on farms in the State;

(5) an assessment of the capacity of the Department of Environmental Conservation to effectively administer and enforce agricultural water quality requirements on farms in the State; and

(6) a recommendation of whether the General Assembly should authorize the continuation of the Clean Water Fund and, if so, at what funding level.

(b) The audit required by this section shall be conducted by a qualified, independent environmental consultant or organization with knowledge of the federal Clean Water Act, State water quality requirements and programs, the Lake Champlain Total Maximum Daily Load plan, and the program elements of the State Clean Water Initiative.

(c) Notwithstanding provisions of section 1389 of this title to the contrary, the Secretary of Administration shall pay for the costs of the audit required under this section from the Clean Water Fund, established under section 1388 of this title.

(Added 2015, No. 64, § 37, eff. June 16, 2015; amended 2015, No. 97 (Adj. Sess.), § 20; 2019, No. 64, § 19; 2019, No. 154 (Adj. Sess.), § E.100.1, eff. Oct. 2, 2020.)

Chapter 48 Groundwater Protection

Subchapter 1 Policy; Definitions

§ 1390 Policy

The General Assembly hereby finds and declares that:

(1) The State should adhere to the policy for management of groundwater of the State as set forth in section 1410 of this title.

(2) In recognition that the groundwater of Vermont is a precious, finite, and invaluable resource upon which there is an ever-increasing demand for present, new, and competing uses; and in further recognition that an adequate supply of groundwater for domestic, farming, dairy processing, and industrial uses is essential to the health, safety, and welfare of the people of Vermont, the withdrawal of groundwater of the State should be regulated in a manner that benefits the people of the State; is compatible with long-range water resource planning, proper management, and use of the water resources of Vermont; and is consistent with Vermont’s policy of managing groundwater as a public resource for the benefit of all Vermonters.

(3) It is the policy of the State that the State shall protect its groundwater resources to maintain high-quality drinking water.

(4) It is the policy of the State that the groundwater resources of the State shall be managed to minimize the risks of groundwater quality deterioration by regulating human activities that present risks to the use of groundwater in the vicinities of such activities while balancing the State’s groundwater policy with the need to maintain and promote a healthy and prosperous agricultural community.

(5) It is the policy of the State that the groundwater resources of the State are held in trust for the public. The State shall manage its groundwater resources in accordance with the policy of this section, the requirements of subchapter 6 of this chapter, and section 1392 of this title for the benefit of citizens who hold and share rights in such waters. The designation of the groundwater resources of the State as a public trust resource shall not be construed to allow a new right of legal action by a person other than the State of Vermont, except to remedy injury to a particularized interest related to water quantity protected under this subchapter.

(Added 1985, No. 53, § 1; amended 2007, No. 199 (Adj. Sess.), § 1, eff. June 9, 2008; 2019, No. 14, § 33, eff. April 30, 2019.)

§ 1391 Definitions

As used in this chapter:

(1) “Abandoned well” means any well or hole whose original purpose and use has been permanently discontinued or that is in such a state of disrepair that the well or hole has the potential for transmitting contaminants into an aquifer or otherwise threatens the public health or safety.

(2) “Agency” means the Agency of Natural Resources.

(3) “Aquifer” means a water bearing stratum of permeable rock, sand, gravel, or other alluvial soils.

(4) “Beneficial uses” means those uses included in each groundwater class.

(5) “Commissioner” means the Commissioner of Environmental Conservation or the Commissioner’s designated representative.

(6) “Department” means the Department of Environmental Conservation.

(7) “Groundwater” means water below the land surface, but does not include surface waters within the meaning of subdivision 1251(13) of this title.

(8) “Hole” means any excavation, deeper than 20 feet with at least one horizontal dimension less than five feet.

(9) “Public water supply” means a water supply system with 15 or more connections.

(10) “Secretary” means the Secretary of Natural Resources or the Secretary’s designated representative.

(11) “Servicing” means developing of well yields, placing liners or seals, grouting, restricting the flow of flowing wells, repairing or closing wells, and installing or maintaining well pump systems. “Servicing” does not include work performed on monitoring wells.

(12) “Technical criteria” means the numerical parameters or scientific parameters that, when followed, will result in groundwater suitable for the uses defined in its class.

(13) “Well” means any hole deeper than 20 feet drilled, driven, or bored into the earth to locate, monitor, extract, or recharge groundwater or any hole deeper than 20 feet drilled, driven, or bored for the primary purpose of transferring heat to or from the earth’s subsurface.

(14) “Well contractor” means any person who constructs or services wells.

(Added 1985, No. 53, § 1; amended 1987, No. 76, § 18; 1989, No. 201 (Adj. Sess.), § 1; 2015, No. 97 (Adj. Sess.), § 21.)

Subchapter 2 General

§ 1392 Duties; powers of Secretary

(a) The Secretary shall develop a comprehensive groundwater management program to protect the quality of groundwater resources by:

(1) developing a strategy for the management and protection of the State’s groundwater resources;

(2) continuing studies and investigations of groundwater in the State;

(3) cooperating with other government agencies in collecting and compiling data on the quantity and quality of groundwater and location of aquifers;

(4) identifying and mapping groundwater currently used as public water supply sources and groundwater determined by the Secretary as potential future public water supply sources;

(5) providing technical assistance to municipal officials and other public bodies in the development of regional or municipal plans or bylaws, the purpose of which is the protection of groundwater resources;

(6) classifying groundwater resources according to the provisions of this chapter and adopting technical criteria and standards for the management of activities that may pose a risk to their beneficial uses;

(7) integrating the groundwater management strategy with other regulatory programs administered by the Secretary;

(8) developing public information and education materials; and

(9) cooperating with federal agencies in the development of programs for protecting the quality and quantity of the groundwater resources.

(b) The Secretary is authorized to accept and administer grants for groundwater management purposes in accord with the administrative procedures of the State.

(c)(1) The Secretary shall establish a groundwater coordinating committee, with representation from the Division of Drinking Water and Groundwater Protection within the Department, the Division of Geology and Mineral Resources within the Department, the Agency of Agriculture, Food and Markets, and the Departments of Forests, Parks and Recreation and of Health to provide advice in the development of the program and its implementation, on issues concerning groundwater quality and quantity, and on groundwater issues relevant to well-drilling activities.

(2) In carrying out his or her duties under this subchapter, the Secretary shall give due consideration to the recommendations of the Groundwater Coordinating Committee.

(3) The Secretary may request representatives of other agencies and the private sector, including licensed well drillers, to serve on the Groundwater Coordinating Committee.

(d) The groundwater management strategy, including groundwater classification and associated technical criteria and standards, shall be adopted as a rule in accordance with the provisions of 3 V.S.A. chapter 25.

(e) [Repealed.]

(Added 1985, No. 53, § 1; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1995, No. 189 (Adj. Sess.), § 3; 2003, No. 115 (Adj. Sess.), § 32, eff. Jan. 31, 2005; 2017, No. 55, § 7, eff. June 2, 2017; 2018, No. 2 (Sp. Sess.), § 1; 2021, No. 69, § 9, eff. June 8, 2021.)

§ 1393 Coordination

Nothing in this subchapter is intended to interfere with authority granted other agencies of State government by statute. The Secretary will coordinate the development of the program with other State agencies as necessary.

(Added 1985, No. 53, § 1.)

§ 1394 Classification of groundwater

(a) The State adopts, for purposes of classifying its groundwater, the following classes and definitions thereof:

(1) Class I. Suitable for public water supply. Character uniformly excellent. No exposure to activities that pose a risk to its current or potential use as a public water supply.

(2) Class II. Suitable for public water supply. Character uniformly excellent but exposed to activities that may pose a risk to its current or potential use as a public water supply.

(3) Class III. Suitable as a source of water for individual domestic water supply, irrigation, agricultural use, and general industrial and commercial use.

(4) Class IV. Not suitable as a source of potable water but suitable for some agricultural, industrial, and commercial use, provided that the Secretary may authorize, subject to conditions, use as a source of potable water supply or other use under a reclassification order issued for the aquifer.

(b) All groundwater of the State is hereby classified as Class III water unless reclassified by the Secretary.

(c) Any hearing on a classification or reclassification shall be held in a location convenient to the users or potential users of the groundwater which is the subject of the hearing.

(d) Class I or II classification shall apply to aquifers in use as a public water supply source or that in the opinion of the Secretary have a high probability for such use.

(e) In determining the appropriate classification of groundwater, the Secretary shall consider:

(1) its use or potential future use as a public water supply source;

(2) the extent of activity which poses a risk to the groundwater;

(3) its current water quality;

(4) its availability in quantities needed for beneficial use;

(5) the consequences of its potential contamination and the availability of alternate sources of water;

(6) the classification of adjacent surface waters; and

(7) other factors relevant to determine the maximum beneficial use of the aquifer.

(f) It is the policy of the State to protect permanently Class I aquifers. The Secretary pursuant to subsection (h) of this section shall establish by rule activities that pose risks to Class I aquifers and which activities shall be prohibited in Class I aquifers. Any classification of Class I waters involving privately owned lands or reclassification of Class I waters by the Secretary shall become effective only when approved by act of the General Assembly.

(g) The Secretary’s classifications shall be presumed correct if, in establishing the geographical limits of each class of groundwater, he or she uses generally accepted methods of determining aquifers based on existing knowledge of surficial and bedrock geology and available hydrological data.

(h) The Secretary by rule may establish technical criteria and standards to define the classes of groundwater and manage activities that may pose risks to groundwater classes. The criteria and standards shall include the identification of activities which constitute risks to the groundwater and which may be precluded. In adopting criteria and standards, the Secretary shall consider:

(1) drinking water standards adopted by the Department of Health and U.S. Environmental Protection Agency;

(2) the nature and quantity of groundwater at risk;

(3) the availability, cost, and effectiveness of measures to mitigate risks;

(4) the nature and quantity of risks that activities may generate;

(5) the expense and effectiveness of correcting the damage the risks may cause;

(6) the consequences to the public interest should damage occur and be irremediable;

(7) the economic, social, and environmental value of existing activities;

(8) the surface water quality standards, including the classification of surface waters; and

(9) other factors relevant to designating appropriate groundwater classes or managing risks to groundwater quality.

(i) The Secretary shall not adopt criteria and standards to manage activities that restrict agricultural activities or those activities under the jurisdiction of the Secretary of Agriculture, Food and Markets without the Secretary of Agriculture, Food and Markets’ consent. Nor shall the Secretary adopt criteria and standards that restrict forestry management activities without consultation with the Commissioner of Forests, Parks and Recreation.

(Added 1985, No. 53, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 55, § 8, eff. June 2, 2017; 2019, No. 14, § 34, eff. April 30, 2019.)

Subchapter 3 Licensing of Well Contractors and Standards for Well Construction

§§ 1395, 1395a Repealed

[Repealed]

2021, No. 69, § 11(a), (b), eff. June 8, 2021.

§ 1395a Licenses; rules

(a) Licenses. The Department shall issue licenses under this subchapter. A licensee may be authorized to perform more than one class of activities under a single license. The Department shall, by rule, establish appropriate application, testing, and renewal procedures for each class of activity under a license. The rule shall include the opportunity for an applicant to take the licensing test orally or by demonstration if the applicant fails the written test. The classes of activities under a license shall be as follows:

(1) Water well driller. This class shall consist of any person engaged in the business of constructing wells for the purpose of locating, extracting, or recharging groundwater, or for the purpose of transferring heat to or from the earth’s subsurface.

(2) Monitoring well driller. This class shall consist of any person engaged in the business of constructing, servicing, or closing wells drilled for the purpose of monitoring groundwater quantity or quality.

(3), (4) [Repealed.]

(b) Criminal background; pre-application determination. The Department shall provide a pre-application determination of an individual’s criminal background. This determination shall not be binding on the Department in a future application if the individual violates probation or parole or is convicted of another crime following the determination.

(1) The Department shall initiate this determination upon an individual’s “second chance” determination request. This request shall provide documentation related to the individual’s conviction or convictions and evidence of rehabilitation.

(2) The individual shall submit this request online, accompanied by a pre-application fee of $25.00. If the individual thereafter applies for licensure, this pre-application fee shall be deducted from that license application fee.

(3) The Department shall:

(A) process a request within 30 days of receiving a complete request;

(B) assess the nature of the underlying conviction or convictions, the nexus to the well-drilling profession, and the provided evidence of rehabilitation; and

(C) respond to the individual’s request in writing.

(c) Continuing education; sunset review.

(1) Not less than once every five years, the Department shall review its continuing education or other continuing competency requirements for well drillers. The review results shall be in writing and address the following:

(A) the renewal requirements of the profession;

(B) the renewal requirements in other jurisdictions, particularly in the Northeast region;

(C) the cost of the renewal requirements for the profession’s licensees;

(D) an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and

(E) recommendations to the Secretary on whether the continuing education or other continuing competency requirements should be modified.

(2) The Secretary shall respond to the Department within 45 days of its submitted review results. The Secretary may require the Department to reduce, modify, or otherwise change the renewal requirements, including by proposing any necessary amendments to statute or rule.

(d) Military credentials. The Department may evaluate specific military credentials to determine equivalency to credentials for well drillers. The determinations shall be adopted through written policy that shall be posted on the Department’s website.

(e) Uniform process for endorsement from other states.

(1) The Department shall issue licenses for well drillers who have been licensed in good standing in another jurisdiction within the United States for at least three years, regardless of whether that jurisdiction has licensing requirements substantially similar to those of this State.

(2) If the Department determines that three years of demonstrated practice in another specific jurisdiction is not adequately protective of the public, it shall provide its rationale to the Secretary, who may propose any necessary statutory or rule amendments in order to implement more restrictive requirements for endorsement for that jurisdiction.

(3) The Secretary may issue to an endorsement applicant a waiver of the practice requirement if there is a showing that the waiver follows State policy and the public is adequately protected.

(f) Uniform process for foreign credential verification.

(1) The Secretary shall adopt rules in consultation with the Department that prescribe a process for the Secretary to assess the equivalence of an applicant’s professional credentials earned outside the United States as compared to State licensing requirements for well drillers.

(2) Any determination of equivalence by the Secretary under this section shall be in consultation with the Department, recorded in the applicant’s licensing file, and binding upon the Department.

(3) In administering this section, the Secretary may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.

(g) Rules.

(1) The Department may adopt rules to implement the provisions of this subchapter and to establish well construction standards for persons engaged in the business of well construction.

(2)(A) Rules relating to licensing standards shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are granted licensure if they demonstrate that they possess the minimal occupational qualifications necessary for the purposes of groundwater protection. They shall not be designed or implemented for the purpose of limiting the number of licensees.

(B) All other rules to implement the provisions of this subchapter shall be rationally related to the purposes of this chapter, and shall be designed to achieve a reasonable balance between the expected governmental, societal, and occupational costs and the expected benefits.

(Added 1989, No. 201 (Adj. Sess.), § 3; amended 1995, No. 103 (Adj. Sess.), § 2; 2001, No. 65, § 29; 2019, No. 152 (Adj. Sess.), § 5, eff. April 1, 2021.)

§ 1395b Repealed

[Repealed]

2018, No. 2 (Sp. Sess.), § 2.

§ 1396 Repealed

[Repealed]

2021, No. 69, § 11(c), eff. June 8, 2021.

§ 1397 Repealed

[Repealed]

1995, No. 103 (Adj. Sess.), § 5.

§ 1398 Repealed

[Repealed]

1995, No. 103 (Adj. Sess.), § 10.

§§ 1399, 1400 Repealed

[Repealed]

2021, No. 69, § 11(d), (e), eff. June 8, 2021.

§ 1400 Appeals

Appeals of any act or decision of the Commissioner or Secretary under this chapter shall be made in accordance with chapter 220 of this title.

(Added 1965, No. 206, § 3; amended 1981, No. 222 (Adj. Sess.), § 29; 1987, No. 76, § 18; 1989, No. 201 (Adj. Sess.), § 6; 2003, No. 115 (Adj. Sess.), § 33, eff. Jan. 31, 2005.)

§ 1401 Repealed

[Repealed]

1989, No. 98, § 4(b).

§ 1402 Repealed

[Repealed]

2021, No. 69, § 11(f), eff. June 8, 2021.

§ 1403 Closure of abandoned wells

The Commissioner may order a person legally responsible for an abandoned well to close the abandoned well in accordance with the rules established by the Department for the purpose of groundwater protection. An order shall not be issued under this section until the person legally responsible for the abandoned well has been given notice and an opportunity for an informal conference with the Commissioner.

(Added 1989, No. 201 (Adj. Sess.), § 8.)

Subchapter 4 Groundwater Cause of Action

§ 1410 Groundwater; right of action

(a) Findings and policy. The General Assembly hereby finds and declares that:

(1) surface and subsurface water are inherently interrelated in both quality and quantity;

(2) groundwater hydrology is a science that allows groundwater quality and quantity to be mapped and forecast;

(3) groundwater is a mobile resource that is necessarily shared among all users;

(4) all persons have a right to the beneficial use and enjoyment of groundwater free from unreasonable interference by other persons; and

(5) it is the policy of the State that the common-law doctrine of absolute ownership of groundwater is hereby abolished.

(b) Definitions. As used in this section:

(1) “Groundwater” means water below the land surface.

(2) “Surface water” means any water on the land surface.

(3) “Person” means any individual, partnership, company, corporation, association, unincorporated association, joint venture, trust, municipality, the State of Vermont, or any agency, department, or subdivision of the State, federal agency, or any other legal or commercial entity.

(c) Cause of action. Any person may maintain under this section an action for equitable relief or an action in tort to recover damages, or both, for the unreasonable harm caused by another person withdrawing, diverting, or altering the character or quality of groundwater.

(d) Scope of liability. Notwithstanding the provisions of subsection (c) of this section, a person who alters groundwater quality or character as a result of agricultural or silvicultural activities, or other activities regulated by the Secretary of Agriculture, Food and Markets, shall be liable only if that alteration was either negligent, reckless, or intentional.

(e) Factors in determining reasonableness. Factors to be considered in determining the unreasonableness of any harm referred to in subsection (c), above, shall include, but need not be limited to, the following:

(1) the purpose of the respective uses or activities affected;

(2) the economic, social, and environmental value of the respective uses, including protection of public health;

(3) the nature and extent of the harm caused, if any;

(4) the practicality of avoiding the harm, if any;

(5) the practicality of adjusting the quantity or quality of water used or affected and the method of use by each party;

(6) the maintenance or improvement of groundwater and surface water quality;

(7) the protection of existing values of land, investments, enterprises, and productive uses;

(8) the burden and fairness of requiring a person who causes harm to bear the loss; and

(9) the burden and fairness of requiring a person to bear the loss, who causes harm in the conduct of reasonable agricultural activities, utilizing good agricultural practices conducted in conformity with federal, State, and local laws and regulations.

(f) Effect on other remedies. Nothing in this section shall be construed to preclude or supplant any other statutory or common-law remedies.

(g) Presumption of compliance. For the purposes of this section, a person who obtains and complies with a withdrawal permit issued pursuant to the requirements of section 1418 of this title shall be presumed to be engaged in a reasonable use of groundwater and not to cause unreasonable harm under subsection (b) of this section.

(Added 1985, No. 69, §§ 1, 2; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003; 2007, No. 199 (Adj. Sess.), § 3, eff. June 9, 2008.)

Subchapter 5 Interim Groundwater Withdrawal Permit

§ 1415 Repealed

[Repealed]

2005, No. 144 (Adj. Sess.), § 7.

Subchapter 6 Groundwater Withdrawal Program

§ 1416 Definitions

As used in this subchapter:

(1) “Farming” means farming as the term is defined in subdivision 6001(22) of this title.

(2) “Groundwater” means water below the land surface, including springs.

(3) “Person” means any individual, partnership, company, corporation, cooperative, association, unincorporated association, joint venture, trust, the State of Vermont, or any department, agency, subdivision, or municipality, the U.S. government or any department, agency, or subdivision, or any other legal or commercial entity.

(4) “Spring” means a groundwater source where groundwater flows naturally to the surface of the earth and is collected with a developed structure that is designed to locate or extract groundwater.

(5) “Surface water” means waters within the meaning of subdivision 1251(13) of this title.

(6) “Water resources” means groundwater or surface water.

(7) “Well” means any hole drilled, driven, bored, excavated, or created by similar method into the earth to locate, monitor, extract, or recharge groundwater where the water table or potentiometric surface is artificially lowered through pumping.

(8) “Withdraw” or “withdrawal” means the intentional removal by any method or instrument of groundwater from a well, spring, or combination of wells or springs.

(Added 2007, No. 199 (Adj. Sess.), § 2, eff. June 9, 2008.)

§ 1417 Existing groundwater withdrawal; reporting

(a) Beginning September 1, 2009, any person that withdraws more than 20,000 gallons per day, averaged over a calendar month at a single tract of land or place of business shall file a groundwater report with the Secretary of Natural Resources on or before September 1 for the preceding calendar year. The report shall be made on a form prescribed by the Secretary and shall include:

(1) the location, capacity, frequency, and rate of the withdrawal;

(2) a description of the use of the water withdrawn; and

(3) where feasible, the distance of each withdrawal from the nearest surface water source and wetland.

(b) The following are exempt from the reporting requirements of this section:

(1) a groundwater withdrawal for fire suppression or other public emergency purposes;

(2) a withdrawal reported to the Agency of Natural Resources under any program that requires the reporting of substantially similar data. The Agency of Natural Resources shall record such withdrawals with the information from withdrawals reported under this section;

(3) domestic, residential use;

(4) groundwater withdrawal for farming;

(5) dairy processors and milk handlers licensed in accordance with 6 V.S.A. § 2721;

(6) public water systems, as that term is defined in section 1671 of this title; and

(7) closed loop, standing column, or similar non-extractive geothermal heat pumps.

(c) The Secretary of Natural Resources may adopt rules to implement this section, including methods for calculating or estimating the amount of groundwater withdrawn from a well or spring.

(Added 2007, No. 199 (Adj. Sess.), § 2, eff. June 9, 2008.)

§ 1418 Groundwater withdrawal permit

(a)(1) On and after July 1, 2010, no person, for commercial or industrial uses, shall make a new or increased groundwater withdrawal of more than 57,600 gallons a day from any well or spring on a single tract of land or at a place of business without first receiving from the Secretary of Natural Resources a groundwater withdrawal permit. The following shall constitute a “new or increased withdrawal”:

(A) the expansion of any existing withdrawal through:

(i) additional withdrawal from one or more new wells or springs; or

(ii) an increase in the rate of withdrawal from a well or spring above the maximum rate set forth in any existing permit issued by the Secretary of Natural Resources under this section; or

(B) for previously unpermitted withdrawals, an increase in the rate of withdrawal after July 1, 2010 from a well or spring on a single tract of land or at a place of business of 25 percent of the baseline withdrawal or an increase of 57,600 gallons of groundwater withdrawn, whichever is smaller.

(2) For the purposes of this subsection, the baseline withdrawal shall be the highest amount withdrawn by a person between 2005 and 2010.

(b) The following are exempt from the permitting requirements of this section:

(1) a groundwater withdrawal for fire suppression or other public emergency purpose;

(2) domestic, residential use;

(3) groundwater withdrawal for farming;

(4) dairy processors and milk handlers licensed in accordance with 6 V.S.A. § 2721;

(5) public water systems, as that term is defined in section 1671 of this title; and

(6) closed loop, standing column, or similar non-extractive geothermal heat pumps.

(c) When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(d) Application for a permit shall be on a form prepared by the Secretary. An application shall, at a minimum, contain the information necessary to make the determinations contained in subsection (e) of this section, and the following:

(1) the purpose for the withdrawal;

(2) the location and source of the withdrawal;

(3) the amount of the proposed withdrawal, including estimates of the projected mean and peak daily, monthly, and annual withdrawals;

(4) the place of the proposed return flow of withdrawn water;

(5) the estimated amount of water that will not be returned to the watershed where the proposed withdrawal is located;

(6) the location, demand on, and yield of existing sources of groundwater and surface water utilized by the applicant; and

(7) a brief description of the alternative means considered for satisfying the applicant’s stated use for water.

(e) The Secretary shall not issue a permit for a new or increased groundwater withdrawal unless the Secretary determines:

(1) that the proposed withdrawal is planned in a fashion that provides for efficient use of the water;

(2) that the proposed withdrawal, in combination with other existing withdrawals, will meet the standards set by the Secretary of Natural Resources in rule for establishing a safe yield in the area of the withdrawal;

(3) that the proposed withdrawal is consistent with the town or regional plan in which the proposed withdrawal is located, and with any duly adopted State policy to manage groundwater as a shared resource for the benefit of all citizens of the State, including any policies and programs of the State of Vermont regarding long-range planning, management, allocation, and use of groundwater and surface water in effect at the time the application for the withdrawal is filed;

(4) that the proposed withdrawal will not have an undue adverse effect on existing uses of water dependent on the same water source;

(5) that the proposed withdrawal will not have an undue adverse effect on a public water system permitted by the Agency of Natural Resources;

(6) that the proposed withdrawal will not have an undue adverse effect on significant wetlands under the Vermont wetland rules or on other water resources hydrologically interconnected with the well or spring from which the proposed withdrawal would be made;

(7) that the proposed withdrawal will not violate the Vermont Water Quality Standards; and

(8) any other consideration that the Secretary determines necessary for the conservation of water or protection of groundwater quality.

(f) A permit issued under this section shall be valid for the period of time specified in the permit but not for more than 10 years. A permit issued under this section shall include the following:

(1) that groundwater withdrawals from a well or spring for drinking water supplies, farming, or dairy processing shall be given priority over other uses during times of shortage; and

(2) any other condition that the Secretary determines necessary for the conservation of water or protection of groundwater quality.

(g) The Secretary may require any person withdrawing groundwater in the State to obtain a permit under this section if the withdrawal is not exempt under subsection (b) of this section and the Secretary determines that the withdrawal violates the Vermont Water Quality Standards or has an undue adverse effect on an existing use of groundwater, a public water system permitted by the Agency of Natural Resources, wetlands, or water resources hydrologically interconnected with the well or spring from which the withdrawal occurs. The Secretary shall make a determination under this section based on review of the information set forth under subsection (d) of this section that is readily available to the Secretary.

(h) A withdrawal permit issued under this section may be transferred upon a change of ownership of the facility or project for which the permit was issued, provided that the new owner applies for an administrative amendment to the permit certifying its agreement to comply with all terms and conditions of the transferred permit and assume all other associated obligations.

(i) The following groundwater withdrawals shall be deemed to comply with the public trust requirements of the State for groundwater management and shall be entitled to a presumption that the withdrawal complies with the public trust requirements of the State:

(1) A groundwater withdrawal permitted under this section;

(2) A groundwater withdrawal for domestic, residential use;

(3) A groundwater withdrawal for public water systems, except for a bottled water facility operating under a source permit issued prior to June 9, 2008, permitted under chapter 56 of this title;

(4) A groundwater withdrawal for a potable water supply permitted under chapter 64 of this title;

(5) A groundwater withdrawal for farming conducted in compliance with the requirements of 6 V.S.A. chapter 215; and

(6) A groundwater withdrawal by a dairy processor or milk handler licensed in accordance with 6 V.S.A. § 2721.

(j) On or before July 1, 2010, the Secretary shall adopt rules to implement this section. When rules are adopted by the Secretary under this section, section 1415 of this title shall be repealed. The rules adopted under this section shall include:

(1) requirements for the mitigation of an undue adverse effect on drinking water supplies, farming, public water systems, or any other affected use when the Secretary determines such an undue adverse effect is likely to occur due to a proposed withdrawal;

(2) requirements for the renewal of permits issued under this section.

(k) Nothing contained in this subchapter shall be construed to alter or modify a right under a deed or contract to access groundwater in this State.

(Added 2007, No. 199 (Adj. Sess.), § 2, eff. June 9, 2008; amended 2009, No. 154 (Adj. Sess.), § 236; 2015, No. 150 (Adj. Sess.), § 19, eff. Jan. 1, 2018; 2019, No. 14, § 35, eff. April 30, 2019.)

§ 1419 Circumvention

The Secretary may require a person to report under section 1417 of this title or obtain a permit under section 1418 of this title when the Secretary, in his or her discretion, determines that a withdrawal, subdivision of land, transfer of property, or other action is intended to circumvent the requirements of this subchapter.

(Added 2007, No. 199 (Adj. Sess.), § 2, eff. June 9, 2008.)

Chapter 48A Abandoned Vessels

§ 1420 Vessels; abandonment prohibited; removal and disposition of abandoned vessels

(a) Definitions. In this chapter, unless the context clearly requires otherwise:

(1) “Abandon” means, with respect to a vessel, any of the following:

(A) to leave unattended on public waters or on immediately adjacent land for more than 30 days without the express consent of the Secretary or, if on immediately adjacent land, of the person in control of the land;

(B) to leave partially or fully submerged in public waters for more than 30 days without the express consent of the Secretary;

(C) to leave partially or fully submerged in public waters a petroleum-powered vessel for more than 48 hours without the express consent of the Secretary; or

(D) to leave unattended on public waters or on immediately adjacent land for any period if the vessel poses an imminent threat to navigation or to public health or safety.

(2) “Commissioner” means the Commissioner of Motor Vehicles or designee.

(3) “Law enforcement officer” means an individual described in 23 V.S.A. § 3302 who is certified by the Vermont Criminal Justice Council as a level II or level III law enforcement officer under 20 V.S.A. § 2358.

(4)(A) “Public waters” means:

(i) the portions of Lake Champlain, Lake Memphremagog, and the Connecticut River that are within the territorial limits of Vermont;

(ii) boatable tributaries of Lake Champlain and Lake Memphremagog upstream to the first barrier to navigation, and impoundments and boatable tributaries of those impoundments of the Connecticut River upstream to the first barrier to navigation, within the territorial limits of Vermont; and

(iii) all natural inland lakes, ponds, and rivers within Vermont, and other waters within the territorial limits of Vermont, including the Vermont portion of boundary waters, that are boatable under the laws of this State.

(B) “Public waters” does not include waters in private ponds and private preserves as set forth in chapter 119 of this title.

(5) “Secretary” means the Secretary of Natural Resources or designee.

(6) “Storage operator” means:

(A) the Secretary, if storing an abandoned vessel after causing its removal pursuant to this section; or

(B) a person who stores a vessel removed pursuant to this section at the request of the Secretary, or a subsequent transferee thereof.

(7) “Vessel” means:

(A) a motorboat; or

(B) a sailboat, or other boat, that is 16 or more feet in length.

(b) Relationship with other laws. The authority conferred to the Secretary and the penalties established in this section are in addition to authority granted or penalties established elsewhere in law, and nothing in this section shall be construed to modify any authority or the application of penalties under any other provision of law, including under chapter 47, 159, 201, or 211 of this title.

(c) Abandonment of vessels prohibited.

(1) Civil violation. A person shall not abandon a vessel on public waters or immediately adjacent land. A person who violates this subdivision shall be subject to civil enforcement under chapters 201 and 211 of this title and, in any such enforcement action, the Secretary may obtain an order to recover costs specified in subdivision (d)(1) of this section incurred by the Agency of Natural Resources.

(2) Criminal violation. A person shall not knowingly abandon a petroleum-powered vessel or knowingly abandon a vessel that poses an imminent threat to navigation or to public health or safety. A person who violates this subdivision shall be subject to a fine of up to $10,000.00.

(d) Removal and storage.

(1) Removal of abandoned vessel. Upon request from a law enforcement officer or at the Secretary’s own initiative, the Secretary shall promptly cause the removal and safe storage of a vessel that is abandoned as described in subdivision (a)(1) of this section, unless the vessel is to be removed by a federal agency. If removal is requested by a law enforcement officer, the Secretary shall make reasonable efforts to determine if the vessel qualifies as abandoned. In addition, the Secretary shall have the authority to take actions as may be necessary to eliminate risks to public health or safety caused by the condition of the vessel.

(2) Responsibility for costs; lien.

(A) The owner of a vessel removed under the authority of this section shall be responsible for reasonable:

(i) removal costs;

(ii) cleanup and disposal costs;

(iii) storage costs incurred after the storage operator sends the Department of Motor Vehicles a notice of removal consistent with subdivision (e)(1) of this section; and

(iv) costs of enforcing this section borne by the Secretary.

(B) Costs for which an owner is responsible under subdivision (d)(2)(A) of this section shall be a lien on the vessel held by the person who incurred the costs. Nothing in this subdivision (d)(2)(B) shall be construed to modify any rights or authority to recover such costs that may exist under any other provision of law.

(3) Limitation on liability. Except in the case of intentionally inflicted damages, the Secretary shall not be liable to the owner or lienholder of an abandoned vessel for any damages to the vessel incurred during its removal or storage, or as a result of actions taken to eliminate risks to public health or safety caused by the condition of the vessel, in accordance with this section.

(e) Notice and listing of abandoned vessel.

(1) Notice of removal and place of storage. Within three business days after the date of removal of an abandoned vessel, the storage operator shall send notice to the Commissioner of:

(A) the federal, state, or foreign registration number, and the hull identification number, of the vessel, if any;

(B) a description of the vessel, including its color, size, and, if available, its manufacturer’s trade name and manufacturer’s series name;

(C) the date of removal and the location from where the vessel was removed;

(D) the name and contact information of an individual at the Agency of Natural Resources who can provide information about the vessel’s removal and how to reclaim it; and

(E) the periodic storage charges that will apply, if any.

(2) Listing of removed vessel. The Commissioner shall post and maintain on the website of the Department of Motor Vehicles a listing of vessels removed under the authority of this section with the information received under subdivision (1) of this subsection.

(f) Disposition following removal.

(1) As used in this subdivision:

(A) A “notice of intent” shall include the information described in subdivision (e)(1) of this section and an indication of the storage operator’s intent to take ownership or otherwise dispose of an abandoned vessel.

(B) The term “address” shall mean the plural “addresses” if more than one address is ascertained.

(2) Within 30 days after the date of removal of the abandoned vessel, a storage operator shall:

(A) Cause a notice of intent to be published in the environmental notice bulletin under 3 V.S.A. § 2826.

(B) Make reasonable efforts to ascertain the address of the owner and any lienholder and, if the address is ascertained, send the notice of intent to the address by certified mail, return receipt requested. Reasonable efforts shall include inquiring of the person in control of the waters or land from which the abandoned vessel was removed, the clerk of the municipality in which the waters or land is located, the State Police, the Office of the Secretary of State, and the Department of Motor Vehicles as to the identity and address of the owner and any lienholder.

(3) Ownership of the vessel shall pass to the storage operator free of all claims of any prior owner or lienholder if the owner or lienholder has not reclaimed the vessel and paid all costs authorized under subdivision (d)(2) of this section within 60 days after the later of:

(A) publication in the environmental notice bulletin under 3 V.S.A. § 2826; or

(B) if the address of the owner or lienholder is ascertained, the date the notice of intent is mailed.

(4) If ownership passes to the storage operator under this subsection, the storage operator may sell, transfer, or otherwise dispose of the vessel. However, if the vessel is subject to titling under 23 V.S.A. chapter 36, the storage operator shall apply to the Commissioner for a title or salvage title as may be appropriate, and the Commissioner shall issue an appropriate title or salvage title, at no charge, if the storage operator offers sufficient proof that ownership of the vessel lawfully passed to the storage operator under this section.

(g) Owner and lienholder rights. An owner or lienholder of an abandoned vessel removed from public waters or immediately adjacent land under this section may contest the removal, transfer of title, or other disposition of a vessel under this section, and the necessity or reasonableness of any costs described in subdivision (d)(2) of this section, by petitioning the Secretary. The contested case provisions of 3 V.S.A. chapter 25 shall govern any matter brought under this subsection. A person aggrieved by a final decision of the Secretary may appeal the decision to the Civil Division of the Superior Court. Nothing in this subsection shall be construed to interfere with the right of an owner or lienholder to contest these issues in any enforcement action brought by the Secretary.

(Added 2017, No. 158 (Adj. Sess.), § 11; amended 2023, No. 85 (Adj. Sess.), § 6, eff. July 1, 2024.)

Chapter 49 Protection of Navigable Waters and Shorelands

§ 1421 Policy

To aid in the fulfillment of the State’s role as trustee of its navigable waters and to promote public health, safety, convenience, and general welfare, it is declared to be in the public interest to make studies, establish policies, make plans, make rules, encourage and promote buffers adjacent to lakes, ponds, reservoirs, rivers, and streams of the State, encourage and promote protected river corridors adjacent to rivers and streams of the State, and authorize municipal shoreland and river corridor protection zoning bylaws for the efficient use, conservation, development, and protection of the State’s water resources. The purposes of the rules shall be to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish, and aquatic life; control building sites, placement of structures, and land uses; reduce fluvial erosion hazards; reduce property loss and damage; preserve shore cover, natural beauty, and natural stability; and provide for multiple use of the waters in a manner to provide for the best interests of the citizens of the State.

(Added 1969, No. 281 (Adj. Sess.), § 13; amended 2009, No. 110 (Adj. Sess.), § 2; 2011, No. 138 (Adj. Sess.), § 7, eff. May 14, 2012.)

§ 1422 Definitions

In this chapter, unless the context clearly requires otherwise:

(1) “Agency” means the Agency of Natural Resources.

(2) “Board” means the Land Use Review Board.

(3) “Department” means Department of Environmental Conservation.

(4) “Navigable water” or “navigable waters” means Lake Champlain, Lake Memphremagog, the Connecticut River, all natural inland lakes within Vermont and all streams, ponds, flowages, and other waters within the territorial limits of Vermont, including the Vermont portion of boundary waters, that are boatable under the laws of this State.

(5) “Public shorelands” means State-owned lands adjacent to navigable waters.

(6) “Public waters” means navigable waters excepting those waters in private ponds and private preserves as set forth in sections 5204, 5205, 5206, and 5210 of this title.

(7) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative.

(8) “Shorelands” means the lands being between the normal mean water level of a lake, pond, or impoundment exceeding 20 acres and a line not less than 500 feet nor more than 1,000 feet from such mean water level.

(9) “Outstanding resource waters” mean waters of the State designated by the Secretary as having exceptional natural, recreational, cultural, or scenic values.

(10) “Buffer” means an undisturbed area consisting of trees, shrubs, ground cover plants, duff layer, and generally uneven ground surface that extends a specified distance horizontally across the surface of the land from the mean water level of an adjacent lake or from the top of the bank of an adjacent river or stream, as determined by the Secretary of Natural Resources.

(11) “Lake” means a body of standing water, including a pond or a reservoir, that may have natural or artificial water level control. Private ponds as defined under section 5210 of this title, and reservoirs specifically constructed for the following purposes shall not be considered lakes: snowmaking storage, golf course irrigation, stormwater management, and fire suppression.

(12) “River corridor” means the land area adjacent to a river that is required to accommodate the dimensions, slope, planform, and buffer of the naturally stable channel and that is necessary for the natural maintenance or natural restoration of dynamic equilibrium conditions and for minimization of fluvial erosion hazards, as delineated by the Agency of Natural Resources in accordance with river corridor protection procedures.

(13) “River” means the full length and width, including the bed and banks, of any watercourse, including rivers, streams, creeks, brooks, and branches, which experience perennial flow. “River” does not mean constructed drainageways, including water bars, swales, and roadside ditches.

(14) “Equilibrium condition” means the width, depth, meander pattern, and longitudinal slope of a stream channel that occurs when water flow, sediment, and woody debris are transported by the stream in such a manner that it generally maintains dimensions, pattern, and slope without unnaturally aggrading or degrading the channel bed elevation.

(15) “Flood hazard area” shall have the same meaning as “area of special flood hazard” under 44 C.F.R. § 59.1.

(16) “Fluvial erosion” means the erosion or scouring of riverbeds and banks during high flow conditions of a river.

(17) “Geomorphic condition” means the degree of departure from the dimensions, pattern, and profile associated with a naturally stable channel representing the unique dynamic equilibrium condition of a river segment.

(18) “Infrastructure” means public and private buildings, roads, and public works, including public and private buildings; State and municipal highways and roads; bridges; sidewalks and other traffic enhancements; culverts; private roads; public and private utility construction, State and municipal public works, cemeteries, and public parks and fields.

(19) “River corridor protection area” means the area within a delineated river corridor subject to fluvial erosion that may occur as a river establishes and maintains the dimension, pattern, and profile associated with its dynamic equilibrium condition and that would represent a hazard to life, property, and infrastructure placed within the area.

(20) “Sensitivity” means the potential of a river, given its inherent characteristics and present geomorphic conditions, to be subject to a high rate of fluvial erosion and other river channel adjustments, including erosion, deposit of sediment, and flooding.

(Added 1969, No. 281 (Adj. Sess.), § 13; amended 1973, No. 147 (Adj. Sess.), § 1; 1987, No. 67, § 2; 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 34, eff. Jan. 31, 2005; 2009, No. 110 (Adj. Sess.), § 3; 2011, No. 138 (Adj. Sess.), §§ 8, 27, eff. May 14, 2012.)

§ 1423 Water resources and shoreland use plan

(a) The Secretary shall make studies, establish policies, and make plans for the efficient use, conservation, development, and protection of the State’s water resources and:

(1) On the basis of these studies and plans, make recommendations to State agencies relative to their water resources activities.

(2) Locate and maintain information relating to the State’s water resources. The Secretary shall collect pertinent data available from State, regional, and federal agencies, the University of Vermont, Vermont State Colleges, local units of government, and other sources.

(3) Public shorelands in which the existing use is exclusively as a public water supply and public shorelands in which the potential use may be as a public water supply shall be classified on that basis.

(4) Serve as a clearinghouse for information relating to water resources including referring citizens and local units of government to the appropriate sources for advice and assistance in connection with particular water use problems.

(b) The Secretary shall prepare a comprehensive plan relating to water resources as a guide for the preparation of a State, regional, or municipal land use or development plan. The plan shall be based on the classification of waters pursuant to chapter 47 of this title. The plan shall to the extent possible give consideration to any existing regional or municipal plans that are compatible with the interests of the State. The primary purpose of the plan shall be for the preventive control of pollution, giving due consideration to necessary development and growth. The plans shall be governed by the following general standards:

(1) Domestic uses shall be generally preferred.

(2) Uses not inherently a source of pollution within an area shall be preferred over uses that are or may be a pollution source.

(3) Areas in which the existing or potential economic value of public, recreational or similar uses exceeds the existing or potential economic value of any other use shall be classified primarily on the basis of the higher economic use value.

(4) Use locations within an area tending to minimize the possibility of pollution shall be preferred over use locations tending to increase that possibility.

(5) Use dispersions within an area shall be preferred over concentrations of uses or their undue proximity to each other.

(6) Particular attention shall be given to safe and healthful conditions for the enjoyment of aquatic recreation; the demands of water traffic, boating, and water sports; the capability of the water resource; requirements necessary to ensure proper operation of septic tank disposal fields near navigable waters; building setbacks from the water; preservation of shore growth and cover; conservancy uses for low lying lands; and shoreland layout for residential and commercial developments.

(c) [Repealed.]

(Added 1969, No. 281 (Adj. Sess.), § 13; amended 1973, No. 147 (Adj. Sess.), § 2; 1989, No. 265 (Adj. Sess.), § 2; 1989, No. 265 (Adj. Sess.), § 10(b), eff. March 1, 1994; 2003, No. 115 (Adj. Sess.), § 35, eff. Jan. 31, 2005; 2015, No. 97 (Adj. Sess.), § 22.)

§ 1424 Use of public waters

(a) The Secretary may establish rules to implement the provisions of this chapter, including:

(1) Rules to regulate the use of public waters of the State by:

(A) defining areas on public waters wherein certain uses may be conducted;

(B) defining the uses which may be conducted in the defined areas;

(C) regulating the conduct in these areas, including the size of motors allowed, size of boats allowed, allowable speeds for boats, and prohibiting the use of motors or houseboats;

(D) regulating the time various uses may be conducted.

(2) Rules to govern the surface levels of lakes, ponds, and reservoirs that are public waters of the State.

(b) The Secretary in establishing rules under subdivision (a)(2) of this section shall consider the size and flow of the navigable waters, the predominant use of adjacent lands, the depth of the water, the predominant use of the waters prior to regulation, the uses for which the water is adaptable, the availability of fishing, boating, and bathing facilities, the scenic beauty, and recreational uses of the area.

(c) The Secretary shall attempt to manage the public waters so that the various uses may be enjoyed in a reasonable manner, in the best interests of all the citizens of the State. To the extent possible, the Secretary shall provide for all normal uses.

(d) [Repealed.]

(e) On receipt of a written request that the Secretary adopt, amend, or repeal a rule with respect to the use of public waters signed by not less than one person, the Secretary shall consider the adoption of rules authorized under this section and take appropriate action as required under 3 V.S.A. § 806.

(f) By rule, the Secretary may delegate authority under this section for the regulation of public waters where:

(1) The delegation is to a municipality that is adjacent to or which contains the water; and

(2) The municipality accepts the delegation by creating or amending a bylaw or ordinance for regulation of the water. Appeals from a final act of the municipality under the bylaw or ordinance shall be taken to the Environmental Division. The Secretary may terminate a delegation for cause or without cause upon six months’ notice to the municipality.

(Added 1969, No. 281 (Adj. Sess.), § 13; amended 1973, No. 147 (Adj. Sess.), § 3; 1979, No. 113 (Adj. Sess.), § 1; 1981, No. 222 (Adj. Sess.), §§ 27, 28; 2003, No. 115 (Adj. Sess.), § 36, eff. Jan. 31, 2005; 2003, No. 115 (Adj. Sess.), § 37; 2011, No. 138 (Adj. Sess.), § 23, eff. May 14, 2012.)

§ 1424a Outstanding resource waters

(a) The Secretary, on his or her own motion, may hold a public hearing on the question of whether particular waters should be designated as outstanding resource waters, or whether an existing designation should be amended or repealed. On receipt of a signed written request, the Secretary shall consider the adoption, amendment, or repeal of rules regarding outstanding resource water designation and shall take appropriate action as required under 3 V.S.A. § 806. Any hearing shall be held convenient to the waters in question, or in a county where the waters are located.

(b) Any hearing shall be conducted as part of the rulemaking process established under 3 V.S.A. chapter 25.

(c) [Repealed.]

(d) In making its rulemaking decision, the Secretary may consider, but shall not be limited to considering, the following:

(1) existing water quality and current water quality classification;

(2) the presence of aquifer protection areas;

(3) the waters’ value in providing temporary water storage for flood water and storm runoff;

(4) the waters’ value as fish habitat;

(5) the waters’ value in providing or maintaining habitat for threatened or endangered plants or animals;

(6) the waters’ value in providing habitat for wildlife, including stopover habitat for migratory birds;

(7) the presence of gorges, rapids, waterfalls, or other significant geologic features;

(8) the presence of scenic areas and sites;

(9) the presence of rare and irreplaceable natural areas;

(10) the presence of known archeological sites;

(11) the presence of historic resources, including those designated as historic districts or structures;

(12) existing usage and accessibility of the waters for recreational, educational, and research purposes and for other public uses;

(13) studies, inventories and plans prepared by local, regional, statewide, national, or international groups or agencies, that indicate the waters in question merit protection as outstanding resource waters;

(14) existing alterations, diversions or impoundments by permit holders under State or federal law.

(e) After consideration of all relevant information, the Secretary shall adopt rules designating the waters as outstanding resource waters if it finds that they have exceptional natural, recreational, cultural, or scenic values. Designation as outstanding resource waters shall not invalidate the terms of existing permits issued by the State or federal government.

(Added 1987, No. 67, § 3; amended 1987, No. 74, § 18; 2003, No. 115 (Adj. Sess.), § 38, eff. Jan. 31, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)

§ 1425 Shoreland protection bylaws

(a) The Secretary of Natural Resources shall establish a shoreland management program to aid and support municipalities in adopting municipal shoreland bylaws that comply with 24 V.S.A. § 4411. The Secretary shall prepare and provide general recommended standards and criteria for shoreland bylaws utilizing the criteria set forth in section 1423 of this title. On or before February 2011, the Secretary shall develop best management practices for the management of shorelands, including buffers within shorelands, and other management techniques designed to protect the quality of public waters. The Secretary shall assist the regional planning commissions in preparing appropriate sample bylaws that conform to the intent of this section.

(b) The Secretary, the municipalities, and all State agencies shall mutually cooperate to accomplish the objectives of this section. To that end, the Secretary shall consult with the governing bodies of municipalities and shall extend all possible assistance. The Secretary shall provide appropriate sample bylaws by September 1, 1974. By September 1, 1974 the Secretary shall also contact every municipality with shorelands:

(1) commenting on their existing shoreland bylaws; and

(2) providing them with a detailed and specific program as to the steps necessary to adopt shoreland bylaws. In contacting municipalities, the Secretary shall send copies of his correspondence by certified mail to the selectboard, town clerk, and planning commission. Copies of this correspondence should also be sent to the regional planning commission for that municipality, the State planning office and the Agency of Commerce and Community Development.

(c) On or before January 15, 1975 and again on or before January 15, 1976 the Secretary shall make a complete and definitive report to the General Assembly on the status of shoreland zoning in Vermont. This report shall contain a municipality-by-municipality analysis of which municipalities have received appropriate sample bylaws and what actions, if any, have been taken thereon by the municipalities.

(d) This section and 24 V.S.A. § 4411 shall be construed together to accomplish the purposes and objectives of this section.

(e) Beginning February 1, 2011, the Secretary of Administration, after consultation with the State agencies of relevant jurisdiction, shall offer financial incentives to municipalities through existing grants and pass-through funding programs that encourage municipal adoption and implementation of zoning bylaws that protect shorelands and buffers.

(Added 1969, No. 281 (Adj. Sess.), § 13; amended 1973, No. 147 (Adj. Sess.), §§ 4, 5; 1995, No. 190 (Adj. Sess.), § 1(a); 2009, No. 110 (Adj. Sess.), § 4.)

§ 1426 Penalty

Any person who violates a rule adopted under this chapter shall be subject to the civil penalty provision of 23 V.S.A. § 3317(b).

(Added 1969, No. 281 (Adj. Sess.), § 13; amended 1989, No. 65, § 15; 1999, No. 42, § 2, eff. May 25, 1999; 2019, No. 14, § 36, eff. April 30, 2019.)

§ 1427 River corridors and buffers

(a) River Corridor and Floodplain Management Program. The Secretary of Natural Resources shall establish a River Corridor and Floodplain Management Program to aid and support the municipal adoption of a flood resilience plan under 24 V.S.A. § 4382 and of river corridor, floodplain, and buffer bylaws. Under the River Corridor and Floodplain Management Program, the Secretary shall:

(1) assess the geomorphic condition and sensitivity of the rivers of the State and identify where the sensitivity of a river poses a probable risk of harm to life, property, or infrastructure;

(2) delineate and map river corridors based on the river sensitivity assessments required under subdivision (1) of this subsection according to a priority schedule established by the Secretary by procedure; and

(3) develop recommended best management practices for the management of river corridors, floodplains, and buffers.

(b) River sensitivity assessment; Secretary’s discretion. Notwithstanding the schedule established by the Secretary under subdivision (a)(2) of this section, the Secretary may complete a sensitivity assessment for a river if, in the Secretary’s discretion, the sensitivity of a river and the risk it poses to life, property, and infrastructure require an expedited assessment.

(c) Municipal consultation during river assessment. Prior to and during an assessment of river sensitivity required under subsection (a) of this section, the Secretary shall consult with the legislative body or designee of municipalities and the regional planning commissions in the area in which a river is located.

(Added 2009, No. 110 (Adj. Sess.), § 5; amended 2011, No. 138 (Adj. Sess.), § 9, eff. May 14, 2012; 2013, No. 16, § 7, eff. July 1, 2014.)

§ 1428 River corridor protection

(a) River corridor maps. Upon completion of a sensitivity assessment for a river or river segment under section 1427 of this title, the Secretary shall provide to each municipality and regional planning commission in which the river or river segment is located a copy of the sensitivity assessment and a river corridor map for the municipality and region. A river corridor map provided to a municipality and regional planning commission shall identify floodplains, river corridor protection areas, flood hazard areas, and other areas or zones indicated on a Federal Emergency Management Agency flood insurance rate map, and shall recommend best management practices, including vegetated buffers, based on site-specific conditions. The Secretary shall post a copy of the sensitivity assessment and river corridor map to the Agency of Natural Resources’ website. A municipality with a mapped river or river segment shall post a copy of a sensitivity assessment and river corridor map received under this subsection in the municipal offices and on the municipality’s website, if the municipality regularly updates its website. A regional planning commission shall post a sensitivity assessment or river corridor map received under this subsection in the commission’s offices and on the commission’s website. When a sensitivity assessment or a river corridor map is provided to a municipality, provided to a regional planning commission, or posted on the Agency website, the Agency shall provide all information, including the supportive data, in a digital format.

(b) River corridor protection area bylaw. The Secretary shall create and make available to municipalities several alternative model river corridor protection area bylaws or ordinances for potential adoption by municipalities pursuant to 24 V.S.A. chapter 117 or 24 V.S.A. § 2291. The model bylaws or ordinances shall use terminology consistent with the National Flood Insurance Program regulations.

(c) Flood Resilient Communities Program; incentives. No later than February 1, 2013, the Secretary of Administration, after consultation with the State agencies of relevant jurisdiction, shall offer financial incentives through a Flood Resilient Communities Program. The Program shall list the existing financial incentives under State law for which municipalities may apply for financial assistance, when funds are available, for municipal adoption and implementation of bylaws under 24 V.S.A. chapter 117 that protect river corridors and floodplains. The Secretary of Natural Resources shall summarize minimum standards for municipal eligibility for any financial incentives established under this subsection.

(Added 2011, No. 138 (Adj. Sess.), § 10, eff. May 14, 2012.)

Chapter 49A Lake Shoreland Protection Standards

§ 1441 Purpose

The purposes of this chapter shall be to:

(1) provide clear and adaptable standards for the creation of impervious surface or cleared area in lands adjacent to lakes;

(2) prevent degradation of water quality in lakes and preserve natural stability of shoreline;

(3) protect aquatic biota and protect habitat for wildlife and aquatic life;

(4) mitigate, minimize, and manage any impact of new impervious surface and new cleared area on the lakes of the State;

(5) mitigate the damage that floods and erosion cause to development, structures, and other resources in the lands adjacent to lakes;

(6) accommodate creation of cleared areas and impervious surfaces in protected shoreland areas in a manner that allows for reasonable development of existing parcels;

(7) protect shoreland owners’ access to, views of, and use of the State’s lakes; and

(8) preserve and further the economic benefits and values of lakes and their adjacent shorelands.

(Added 2013, No. 172 (Adj. Sess.), § 2.)

§ 1442 Definitions

As used in this chapter:

(1) “Agency” means the Agency of Natural Resources.

(2) “Best management practices” means approved activities, maintenance procedures, and other practices to prevent or reduce the effects of impervious surface or cleared area on water quality and natural resources.

(3) “Cleared area” means an area where existing vegetative cover, soil, tree canopy, or duff is permanently removed or altered. Cleared area shall not mean management of vegetative cover conducted according to the requirements of section 1447 of this title.

(4) “Duff” means leaf litter plus small fragments of plants and organic debris that provide a spongy substrate that absorbs the energy of falling water and allows runoff to infiltrate soil.

(5) “Expansion” means an increase or addition of impervious surface or cleared area.

(6) “Grass lawn” means land maintained in continuous plant coverage of grasses and similar plants that are closely and regularly mowed, including meadow or pasture on nonagricultural land. “Grass lawn” does not include pasture cropland, land used to grow sod, or similar land used for agricultural production.

(7) “Habitable structure” means a permanent assembly of materials built for the support, shelter, or enclosure of persons, animals, goods, or property, including a dwelling, a commercial or industrial building, and driveways, decks, and patios attached or appurtenant to a dwelling or commercial or industrial building. “Habitable structure” shall not mean a motor home, as that term is defined under 32 V.S.A. § 8902, tents, lean-tos, or other temporary structures.

(8) “Highway” shall have the same meaning as in 19 V.S.A. § 1(12).

(9) “Impervious surface” means those manmade surfaces, including paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates.

(10) “Lake” means a body of standing water, including a pond or a reservoir, which may have natural or artificial water level control. Private ponds shall not be considered lakes.

(11) “Management road” shall have the same meaning as in 19 V.S.A. § 1(13).

(12) “Mean water level” means the mean water level of a lake as defined in the Mean Water Level Rules of the Agency of Natural Resources adopted under 29 V.S.A. § 410.

(13) “Parcel” means a portion of land or a tract of land with defined boundaries created by dividing the land by sale, gift, lease, mortgage foreclosure, court-ordered partition or decree, or filing of a plat, plan, or deed in the records of the municipality where the act of division occurred.

(14) “Private pond” means a body of standing water that is a natural water body of not more than 20 acres located on property owned by a person or an artificial water body of any size located on property owned by one person. A “private pond” shall include a reservoir specifically constructed for one of the following purposes: snowmaking storage, golf course irrigation, stormwater management, or fire suppression.

(15) “Private road” means a road or street other than a highway, as that term is defined in 19 V.S.A. § 1(12), that is owned by one or more persons and that is used as a means of travel from a highway to more than one parcel of land.

(16) “Project” means an act or activity that results in cleared area or the creation of impervious surface in a protected shoreland area.

(17) “Protected shoreland area” means all land located within 250 feet of the mean water level of a lake that is greater than 10 acres in surface area.

(18) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative.

(19) “Slope” means the vertical rise divided by the horizontal run of a plane expressed as a percentage.

(20) “State forest highway” shall have the same meaning as in 19 V.S.A. § 1(19).

(21) “Stormwater runoff” means precipitation and snowmelt that does not infiltrate into the soil, including material dissolved or suspended in it, but does not include discharges from undisturbed natural terrain or wastes from combined sewer overflows.

(22) “Vegetative cover” means mixed vegetation within the protected shoreland area, consisting of trees, shrubs, groundcover, and duff. “Vegetative cover” shall not mean grass lawns, noxious weeds designated by the Secretary of Agriculture, Food and Markets under 6 V.S.A. chapter 84, or nuisance plants, such as poison ivy and poison oak, designated by the Secretary of Natural Resources.

(Added 2013, No. 172 (Adj. Sess.), § 2.)

§ 1443 Individual permit requirements for impervious surface or cleared area in a protected shoreland area

(a) Permit requirement. A person shall not create cleared area or impervious surface in a protected shoreland area without a permit from the Secretary issued under this section, except for activities authorized to occur without a permit under section 1446 of this title.

(b) Permit issuance. The Secretary shall issue a permit under this section if the proposed impervious surface or cleared area meets the requirements of section 1444 or 1445 of this title.

(c) Permit process. When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(d) Permit condition. A permit issued under this section may include permit conditions, including authorizing a permittee, no more frequently than two times per year, to clear vegetative cover within three feet of both sides of a footpath within the protected shoreland area in order to allow access to the mean water level for maintenance or repair of recreational structures or for other activity approved by the Secretary.

(e) Permit term. Individual permits issued under this section shall be for an indefinite term, provided that the permittee complies with the requirements of the permit and takes no additional action for which an individual permit is required.

(f) Recording. A permit or registration issued under this chapter shall, for the purposes of having the permit or registration run with the land, be recorded in the land records of the municipality in which the impervious surface or cleared area is located.

(g) Public recreational areas. Notwithstanding the requirements of sections 1444 and 1445 of this title, the Secretary shall issue a permit under this chapter for a public recreational area project if the permit applicant demonstrates and the Secretary finds that:

(1) the recreational activity provides access to the water for the general public and promotes the public trust uses of the water;

(2) the impervious surface or cleared area is necessary to achieve the recreational purpose of the project, and the project must be constructed within the protected shoreland area to achieve its recreational function; and

(3) the project conforms with best management practices approved by the Secretary that protect the habitat and water quality of the lake while achieving the public recreational purposes.

(Added 2013, No. 172 (Adj. Sess.), § 2; amended 2015, No. 150 (Adj. Sess.), § 20, eff. Jan. 1, 2018.)

§ 1444 Permit standards

(a) Permit standards; generally. Except for permits issued under section 1445 of this title, the Secretary shall issue a permit under this chapter if the permit applicant, including the State of Vermont, demonstrates that:

(1) cleared area or impervious surface shall be located at least 100 feet from the mean water level, except for shoreland stabilization measures designed to repair or prevent erosion or flood risks and approved by the Secretary;

(2) cleared area or impervious surface within the protected shoreland area shall be located on a site:

(A) with a slope of less than 20 percent; or

(B) that will have a stable slope with minimal erosion and minimal negative impacts to water quality;

(3)(A) no more than 20 percent of the protected shoreland area of the parcel shall consist of impervious surface; or

(B) best management practices will be used to manage, treat, and control erosion due to stormwater runoff from that portion of impervious surface that exceeds 20 percent of the protected shoreland area;

(4)(A) no more than 40 percent of the protected shoreland area of the parcel shall consist of cleared area, including area cleared for the purposes of creating impervious surface; or

(B) best management practices will be used to provide erosion control, bank stability, and wildlife habitat functionally equivalent to that which would be provided by clearing less than 40 percent of the protected shoreland area; and

(5) vegetative cover shall be managed according to the requirements of section 1447 of this title.

(b) Repair of highway, State forest highway, management road, or private road. Under this chapter, when the repair, emergency repair, or replacement of a highway, management road, State forest highway, or private road results in the construction, creation, or expansion of impervious surface or cleared area on a property adjacent to the highway, management road, State forest highway, or private road, the impervious surface or cleared area constructed or created on the adjacent property shall not be calculated as square footage of impervious surface or cleared area for purposes of permitting or registration under this chapter.

(c) Calculation of area. Under this chapter, the area of constructed, created, or expanded impervious surface or cleared area shall be the square footage as measured on a horizontal plane.

(Added 2013, No. 172 (Adj. Sess.), § 2.)

§ 1445 Nonconforming parcels; permit standards

(a) Permit for nonconforming parcels. A permit applicant shall comply with the requirements of subsection (b) of this section if the applicant cannot meet the standard required under subdivision 1444(a)(1) of this title on a parcel of land in existence on July 1, 2014, due to one of the following limitations:

(1) parcel size;

(2) the site characteristic or site limitations of the parcel, including presence of highway or rights of way and soil type; or

(3) application of municipal setback requirement in a municipal bylaw adopted on or before July 1, 2014.

(b) Permit standards for nonconforming parcels.

(1) For a parcel on which there is no habitable structure, the cleared area or impervious surface shall be as far as possible from the mean water level, and at a minimum shall be no less than 25 feet from the mean water level, except for shoreland stabilization measures designed to repair or prevent erosion or flood risks and approved by the Secretary.

(2) For a parcel on which a habitable structure is located, the expansion of any portion of the structure within 100 feet of the mean water level shall be on the side of the structure farthest from the lake, unless the Secretary determines that:

(A) expansion on an alternate side of the structure will have an impact on water quality that is equivalent to or less than expansion of the structure on the side farthest from the lake; and

(B) the structure is not expanded toward the mean water level.

(3) Cleared area or impervious surface within the protected shoreland area shall be located on a site:

(A) with a slope of less than 20 percent; or

(B) that the permit applicant demonstrates will have a stable slope with minimal erosion and minimal negative impacts to water quality.

(4)(A) No more than 20 percent of the protected shoreland area of the parcel shall consist of impervious surface; or

(B) The permit applicant shall demonstrate that best management practices will be used to manage, treat, and control erosion due to stormwater runoff from that portion of impervious surface that exceeds 20 percent of the protected shoreland area.

(5)(A) No more than 40 percent of the protected shoreland area of the parcel shall consist of cleared area, including area cleared for the purposes of creating an impervious surface; or

(B) The permit applicant shall demonstrate that best management practices will be used to provide erosion control, bank stability, and wildlife habitat functionally equivalent to that which would be provided by clearing less than 40 percent of the protected shoreland area.

(c) Vegetation maintenance on nonconforming parcels. A permit issued under this section for creation of cleared area or impervious surface on a nonconforming parcel shall not require compliance with the requirements of section 1447 for the management of vegetative cover.

(d) Application process. An applicant for a permit under this section shall submit to the Secretary a form that identifies the basis of the nonconformity on the parcel. The Secretary may issue a permit under this section to an applicant who meets the requirements of subsection (b) of this section.

(Added 2013, No. 172 (Adj. Sess.), § 2.)

§ 1446 Registered projects; exemptions from permitting

(a) Allowed uses.

(1) Registered projects. The following projects in a protected shoreland area do not require a permit under section 1444 or 1445 of this title:

(A) The creation of no more than 100 square feet of impervious surface or cleared area, or a combination of impervious surface or cleared area, within 100 feet of the mean water level, provided that:

(i) the owner of the property on which the impervious surface or cleared area is created registers with the Secretary, on a form provided by the Secretary that contains the name of the property owner, the address of the property, and a certification that the project meets the requirements of this subsection (a);

(ii) the impervious surface or cleared area is located at least 25 feet from the mean water level; and

(iii) vegetative cover shall be managed according to the requirements of section 1447 of this title.

(B) The creation of 500 square feet or less of impervious surface, cleared area, or a combination of impervious surface and cleared area, provided that:

(i) the owner of the property on which the impervious surface or cleared area is created registers with the Secretary a form provided by the Secretary that contains the name of the property owner, the address of the property, and a certification that the project meets the requirements of this subsection;

(ii) the impervious surface or cleared area is at least 100 feet from the mean water level;

(iii) any proposed cleared area or area within the protected shoreland area where an impervious surface shall be sited has a slope of less than 20 percent;

(iv) after the completion of the project, the protected shoreland area shall consist of no more than 20 percent impervious surface; and

(v) after the completion of the project, the protected shoreland area shall consist of no more than 40 percent cleared area, including any area cleared for the purposes of creating impervious surface.

(2) Limit on registration per parcel. A person shall not use the registration process under this subsection to create more than a maximum total per parcel of:

(A) 100 square feet of impervious surface or cleared area within 100 feet of the mean water level; and

(B) 500 square feet of impervious surface or cleared area within the protected shoreland area that is at least 100 feet from the mean water level.

(3) Effect of registration. A registration shall take effect 15 days after being filed with the Secretary, unless the Secretary requests that the person registering submit additional information that the Secretary considers necessary or the Secretary notifies the person registering that an individual permit is required.

(4) Term. Registrations shall be for an indefinite term, provided that the person complied with the requirements of this subsection and takes no action for which an individual permit is required.

(b) Exemptions. The following activities in a protected shoreland area do not require a permit under section 1444 or 1445 of this title:

(1) Management of vegetative cover. Management of vegetative cover conducted in compliance with section 1447 of this title.

(2) Removal of vegetation for recreational purposes. The cutting or removal of no more than 250 square feet of the existing vegetation under three feet in height within 100 feet of the mean water level to allow for recreational use in the protected shoreland area, provided that:

(A) the cutting or removal of vegetation occurs at least 25 feet from the mean water level; and

(B) other ground cover, including leaf litter and the forest duff layer, shall not be removed from the area in which cutting occurs.

(3) Maintenance of lawns. The maintenance, but not the enlargement, of lawns, gardens, landscaped areas, and beaches in existence as of July 1, 2014.

(4) Creation of footpaths. The creation of one footpath per parcel with a width of no greater than six feet that provides access to the mean water level. Under this subdivision, a footpath includes stairs, landings, or platforms within the authorized six-feet width.

(5) Construction within footprint. Construction within the footprint of an impervious surface, existing as of July 1, 2014, that does not result in a net increase in the amount of impervious surface on a parcel.

(6) Silvicultural activities. Silvicultural activities in a protected shoreland area if the silvicultural activities are in compliance with:

(A) a forest management plan, approved by the Commissioner of Forests, Parks and Recreation, for the land in the protected shoreland area in which the silvicultural activities occur; and

(B) the accepted management practices adopted by the Commissioner of Forests, Parks and Recreation under section 2622 of this title.

(7) Agricultural activities. Agricultural activities on land in agricultural production on July 1, 2014, provided that:

(A) no impervious surface shall be created or expanded in a protected shoreland area except: when no alternative outside the protected shoreland area exists, the construction of a best management practice is necessary to abate an agricultural water quality issue, and the best management practice is approved by the Secretary of Agriculture, Food and Markets under 6 V.S.A. chapter 215; and

(B) the agricultural activities within the protected shoreland area comply with the rules adopted by the Secretary of Agriculture, Food and Markets under 6 V.S.A. chapter 215 regarding agricultural water quality, including required agricultural practices, best management practices, medium and small farm operation, and large farm operation.

(8) Transportation infrastructure and private roads. The maintenance, emergency repair, repair, and replacement of:

(A) Transportation infrastructure by the Vermont Agency of Transportation or by a municipality.

(B) A private road that does not require a permit under section 1264 of this title, provided that emergency repair, repair, and replacement of the private road shall comply with the applicable water quality best management practices approved by the Secretary under 19 V.S.A. § 996 and incorporated within the Vermont Agency of Transportation town road and bridge standards for controlling stormwater runoff and direct discharges to State waters. The requirement to comply with the water quality best management practices shall apply even if the municipality in which the private road is located has not adopted the town road and bridge standards. Under this subdivision, expansion of a private road in order to allow for passage of emergency vehicles shall be considered repair that does not require a permit under section 1443 of this title.

(9) Railroad activities. Railroad activities and facilities within the jurisdiction of federal law.

(10) Parcel intersected by public highway. The creation or expansion of impervious surface or cleared area on a parcel within the protected shoreland area when the parcel is intersected by a highway and the impervious surface or cleared area is created or expanded on that portion of the parcel on the side of the highway away from the mean water level.

(11) Wastewater systems and potable water supplies. Installation, maintenance, repair, or replacement of a wastewater system or potable water supply permitted by the Agency of Natural Resources under chapter 64 of this title.

(12) Stormwater treatment. Discharges of stormwater, stormwater treatment facilities or practices, including repair or maintenance, permitted by the Agency of Natural Resources under section 1264 of this title.

(13) Utility projects and utility lines.

(A) The construction of projects that require a certificate of public good under 30 V.S.A. § 248 subject to the Agency of Natural Resources Riparian Buffer Guidance for Act 250 and Section 248 projects.

(B) The routine repair and maintenance of utility lines and structures including vegetation maintenance in utility line corridors, in a protected shoreland area that are subject to 30 V.S.A. § 248, chapter 151 of this title, or a vegetation management plan approved by the Agency in a protected shoreland area. Vegetation management practices in a protected shoreland area shall be performed in accordance with a vegetation management plan approved by the Agency of Natural Resources.

(C) The emergency repair of utility lines and poles in protected shoreland areas, provided that such repair minimizes adverse impacts to vegetation in the protected shoreland area.

(14) Act 250 permit. Projects that have received a permit pursuant to chapter 151 of this title.

(15) Designated downtowns and village centers. Projects in downtowns and village centers designated pursuant to 24 V.S.A. chapter 76A.

(16) Urban and industrial redevelopment. Construction, creation, or expansion of impervious surface or cleared area within a protected shoreland area, provided that:

(A) The area in which the impervious surface or cleared area will be constructed, created, or expanded is:

(i) urban or industrial in nature;

(ii) contains as of July 1, 2014 impervious surface or cleared area; and

(iii) has been designated by municipal bylaw for redevelopment.

(B) The municipality has adopted a shoreland bylaw or ordinance that:

(i) is at least as stringent as the permitting requirements and exemptions of this chapter; or

(ii) requires best management practices or other controls that are, as determined by the Secretary, functionally equivalent to compliance with the permitting requirements and exemptions of this chapter.

(17) Mosquito control. Where mosquito populations create a public health hazard, as that term is defined in 18 V.S.A. § 2, physical practices or activities approved by the Secretary that create cleared area or remove vegetative cover in order to reduce mosquito breeding habitat, provided that any activity authorized under this subdivision shall comply with the Vermont Wetlands Rules.

(18) Removal of constructed feature. Temporary cutting or removal of vegetation to remove an existing constructed feature, provided that the area of removal is revegetated according to the requirements for the management of vegetative cover under section 1447 of this title and all cutting and removal of vegetation complies with the Agency’s low-risk site handbook for erosion prevention and sediment control.

(c) Application of vegetative cover requirements. Activities authorized under subdivisions (b)(2)-(17) of this section shall not be required to comply with the requirements for the management of vegetative cover under section 1447 of this title.

(Added 2013, No. 172 (Adj. Sess.), § 2; amended 2015, No. 64, § 13; 2019, No. 50, § 4, eff. June 10, 2019; 2023, No. 85 (Adj. Sess.), § 7, eff. July 1, 2024.)

§ 1447 Lake shoreland vegetation protection standards

(a) Within 100 feet of the mean water level, cutting of trees is allowed provided that a well-distributed stand of trees and other natural vegetation is maintained. Vegetation management that occurs within the protected shoreland area and that is conducted according to the requirements of this section shall not be counted toward the cleared area on a parcel.

(b) A “well-distributed stand of trees” shall be defined as maintaining a minimum rating score of 12, in each 25-foot by 25-foot area within 100 feet of the mean water level, as determined by the following rating system.

| | (1) Diameter of tree at 4-1/2 feet above ground level (inches) | Points | | --- | --- | --- | | | 2-< 4 in.. | 1 | | | 4-< 8 in. | 2 | | | 8-< 12 in. | 4 | | | 12 in. or greater | 8 |

(2) The following shall govern in applying this point system:

(A) 25-foot by 25-foot plots shall be established for vegetation management purposes.

(B) Each successive plot must be adjacent to but not overlap a previous plot.

(C) Any plot not containing the required points must have no vegetative cover removed unless the removal is allowed pursuant to a registration or individual permit.

(D) Any plot containing the required points may have trees removed down to the minimum points allowed.

(E) Existing vegetative cover under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or as allowed pursuant to a registration or individual permit.

(F) Pruning of tree branches on the bottom one-third of a tree’s height is allowed.

(G) Removal of dead, diseased, or unsafe trees shall be allowed regardless of points.

(c) As used in this section, “other natural vegetation” means retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at four and one-half feet above ground level for each 25-foot by 25-foot area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been planted or rooted in the plot.

(Added 2013, No. 172 (Adj. Sess.), § 2.)

§ 1448 Municipal delegation

(a) Municipal shoreland bylaws or ordinances. The Secretary shall delegate authority to permit the construction, creation, or expansion of impervious surface or cleared area under this chapter to a municipality that has adopted a shoreland bylaw or ordinance if:

(1) the municipality adopts a bylaw or ordinance regulating construction of impervious surface or creation of cleared area in a protected shoreland area;

(2) the municipal bylaw or ordinance is, as determined by the Secretary, functionally equivalent to the requirements under sections 1444, 1445, 1446, and 1447 of this title; and

(3) the Secretary determines that the municipality provides adequate resources for administration and enforcement of the bylaw or ordinance.

(b) Delegation agreement.

(1) Delegation under subsection (a) of this section shall be by agreement between the Secretary and the delegated municipality. The delegation agreement shall set the terms for revocation of delegation.

(2) Under the delegation agreement, the Secretary and the municipality may agree, in instances where a delegated municipality does not or cannot address noncompliance, that the Secretary, after consultation with the municipality, may institute enforcement proceedings under chapter 201 of this title.

(3) The delegation agreement shall require the municipality to:

(A) have or establish a process for accepting, reviewing, and processing applications and issuing permits for construction of impervious surface or creation of cleared area in protected shoreland areas;

(B) take timely and appropriate enforcement actions;

(C) commit to reporting annually to the Secretary on a form and date determined by the Secretary;

(D) comply with all other requirements of the rules adopted under this chapter; and

(E) cure any defects in such bylaw or ordinance or in the administration or enforcement of such bylaw or ordinance upon notice of a defect from the Secretary.

(4) A municipality that seeks delegation under subsection (a) of this section shall be presumed to satisfy the requirements of this subsection for a permit process and enforcement if the municipality has designated a municipal zoning administrator or other municipal employee or official as responsible for the permitting and enforcement of the construction, creation, or expansion of impervious surface or cleared area within the municipality.

(Added 2013, No. 172 (Adj. Sess.), § 2.)

§ 1449 Coordination of Agency of Natural Resources’ permitting of activities in protected shoreland areas

(a) Coordination of permitting in protected shoreland area. During technical review of a permit application for a wastewater system, potable water supply, stormwater discharge, or stormwater treatment facility that is proposed to be located in a protected shoreland area and that does not require a permit under this chapter, the Agency division issuing the wastewater system, potable water supply, stormwater discharge, or stormwater treatment facility permit shall consult with the Agency’s Lakes and Ponds Section regarding practices or activities that could reduce the impact of the proposed activity on the protected shoreland area or water quality of lakes adjacent to the protected shoreland area.

(b) Agency guidance or procedure. The Agency may formalize the consultation process required by this section in a guidance document or internal agency procedure.

(Added 2013, No. 172 (Adj. Sess.), § 2.)

§ 1450 Municipal zoning bylaw or ordinance

(a) Construction of impervious surface or creation of cleared area occurring outside protected shoreland areas. Construction of impervious surface or creation of cleared area occurring outside a protected shoreland area shall conform to duly adopted municipal zoning bylaws and applicable municipal ordinances and shall not be subject to regulation by the Secretary of Natural Resources under this chapter.

(b) Existing municipal bylaws and ordinances. The requirements of this chapter are in addition to existing municipal bylaws and ordinances, and proposed construction of impervious surface or creation of cleared area within the protected shoreland area shall comply with all relevant, existing municipal, State, and federal requirements.

(Added 2013, No. 172 (Adj. Sess.), § 2.)

§ 1450a Rulemaking

The Secretary may adopt rules necessary for the purposes of implementing, administering, or enforcing the requirements of this chapter, including best management practices for the construction of impervious surfaces or the creation of cleared area in a protected shoreland area, including standards for:

(1) managing vegetative cover that may be required as a best management practice in order to ensure that some level of the required vegetative cover is maintained in the protected shoreland area;

(2) allowing reasonable use of the protected shoreland area subject to a vegetative cover requirement for construction, creation, or expansion of an impervious surface or cleared area;

(3) minimizing and mitigating the creation of an impervious surface or cleared area in a protected shoreland area.

(Added 2013, No. 172 (Adj. Sess.), § 2.)

§ 1450b Education and outreach; citizen’s guide

The Secretary shall conduct ongoing education and outreach to assist Vermont citizens with understanding and complying with the requirements of this chapter. The education and outreach activities shall include publication on or before January 1, 2015 of a Citizen’s Guide to Shoreland Protection, which shall provide easily understood instructions on the requirements of this chapter, how to apply for a permit or registration, and the activities that are exempt from or otherwise not subject to the requirements of this chapter.

(Added 2013, No. 172 (Adj. Sess.), § 2.)

Chapter 50 Aquatic Nuisance Control

§ 1451 Findings

The General Assembly finds that:

(1) It is the policy of the State of Vermont that the water resources of the State shall be protected, regulated, and where necessary controlled under the authority of the State in the public interest to promote the general welfare and to protect public health and the environment.

(2) It is the policy of the State of Vermont to prevent the infestation and proliferation of invasive species in the State that result in negative environmental impacts, including habitat loss and a reduction in native biodiversity along with adverse social and economic impacts and impacts to the public health and safety.

(3) The Agency of Agriculture, Food and Markets and the Department of Forests, Parks and Recreation have established an informal working group to address invasive and noxious weeds, but additional authority is necessary for the Agency of Natural Resources to adequately respond to invasive aquatic nuisance species.

(4) The ability to initiate quickly a response to contain and control a new aquatic species introduction before it can spread is critical to reduce future management costs and protect the integrity of Vermont’s ecosystems.

(5) Infestations of new aquatic species must be detected early and acted upon swiftly to minimize economic, social, and ecological impacts as well as to increase the probability of a successful eradication effort.

(Added 2009, No. 46, § 1, eff. July 1, 2010.)

§ 1452 Definitions

As used in this chapter:

(1) “Agency” means the Agency of Natural Resources.

(2) “Aquatic nuisance” means undesirable or excessive substances or populations that interfere with the recreational potential or aquatic habitat of a body of water, including rooted aquatic plants and animal and algal populations. Aquatic nuisances include zebra mussels (Dreissena polymorpha), quagga mussels (Dreissena bugensis), Asian clam (Corbicula fluminea), fishhook waterflea (Cercopagis pengoi), rusty crayfish (Orconectes rusticus), spiny waterflea (Bythotrephes longimanus), or other species identified by the Secretary by rule.

(3) “Aquatic plant” means a plant that naturally grows in water, saturated soils, or seasonally saturated soils, including algae and submerged, floating-leafed, floating, or emergent plants.

(4) “Biological controls” means multi-cellular organisms.

(5) [Repealed.]

(6) “Lessee” means a person who acquires the right to occupancy or use of property under a lease or rental agreement.

(7) “New aquatic species” means an aquatic species that was not known to occur in a surface water of Vermont or in a segment of Lake Champlain as of January 1, 2007.

(8) “Pesticide” means any substance produced, distributed, or used for preventing, destroying, or repelling nuisance aquatic plants, insects, or other aquatic life, including lamprey. Pesticide includes unicellular organisms or extracts from unicellular organisms and does not include biological controls.

(9) “Secretary” means the Secretary of Natural Resources.

(10) “Water resources” means the waters and the values inherent or potential in waters and their uses.

(11) “Waters” means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, and springs and all bodies of surface waters, artificial or natural, that are contained within, flow through, or border upon the State or any portion of it.

(12) “Baitbox” means a receptacle, not exceeding 25 cubic feet in volume, used for holding or keeping baitfish alive for personal use.

(13) “Live well” means a well for keeping fish alive in a vessel by allowing water to circulate through the well.

(14) “Ballast tank” means any tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.

(15) “Bilge area” means the lowest point in the vessel where water can collect when the vessel is in its static floating position.

(16) “Decontaminate” means a process used to kill, destroy, or remove aquatic nuisance species and other organic material that may be present in or on a vessel, motor vehicle transporting the vessel, trailer, or other equipment. Decontamination may include washing a vessel, motor vehicle transporting the vessel, trailer, or other equipment with water at a sufficiently high temperature to kill or remove aquatic nuisance species.

(17) “Lake association” means a lake protection organization registered with the Secretary of Natural Resources on a form provided by the Secretary.

(18) “Marina” means a property, other than a public access or landing area regulated under section 4145 of this title, on the shoreline of a water of the State that contains a dock, basin, or ramp that, at no cost or for remuneration, provides to the public secure moorings or vessel access to the water.

(19) “Motor vehicle” means any vehicle propelled or drawn by power other than muscular power, including a snowmobile, motorcycle, all-terrain vehicle, farm tractor, or tracked vehicle.

(20) “Personal watercraft” shall have the same meaning as set forth in 23 V.S.A. § 3302.

(21) “Transport” means to move motor vehicles, vessels, personal watercraft, seaplanes, trailers, and other equipment over land, but does not include movement within the immediate area required for loading and preparing vehicles, vessels, personal watercraft, seaplanes, trailers, and other equipment prior to movement into or away from a body of water.

(22) “Vessel” means every description of watercraft used or capable of being used as a means of transportation on water, including personal watercraft.

(Added 2009, No. 46, § 1, eff. July 1, 2010; 2017, No. 67, § 1, eff. June 8, 2017.)

§ 1453 Aquatic nuisance control program

(a) The Agency of Natural Resources shall establish and maintain an aquatic nuisance control program.

(b) The aquatic nuisance control program shall perform the following services:

(1) receive and respond to aquatic nuisance complaints;

(2) work with municipalities, local interest organizations, private individuals, and agencies of the state to develop long-range programs regarding aquatic nuisance controls;

(3) work with federal, state, and local governments to obtain funding for aquatic nuisance control programs;

(4) implement an aquatic species rapid response program under this chapter;

(5) administer a grant-in-aid program under section 1458 of this title;

(6) place a sign at least two feet by two feet in size that states that the water is infected with an aquatic nuisance and that a person transporting the nuisance in violation of section 1454 of this title may be subject to a penalty of up to $1,000.00 pursuant to 23 V.S.A. § 3317, so that the sign is easily visible from a ramp used to launch vessels at any fish and wildlife access area on a body of water infected with an aquatic nuisance;

(7) provide the Commissioner of Fish and Wildlife and the Commissioner of Motor Vehicles with written educational information about aquatic nuisances that can be included in an envelope containing a boat registration and in a Department of Fish and Wildlife publication pertaining to fishing and boating.

(Added 2009, No. 46, § 1, eff. July 1, 2010.)

§ 1454 Transport of aquatic plants and aquatic nuisance species

(a) Transport of aquatic nuisance species; prohibition. A person shall not transport an aquatic plant, aquatic plant part, or aquatic nuisance species to or from any Vermont water. This section shall not restrict:

(1) proper harvesting or other control activities undertaken for the purpose of eliminating or controlling the growth or propagation of aquatic nuisance species; or

(2) proper collection of water samples for the purpose of water quality monitoring.

(b) Inspection of vessel entering or leaving water. A person transporting a vessel to or from a water shall, prior to launching the vessel and upon leaving a water, inspect the vessel, the motor vehicle transporting the vessel, the trailer, and other equipment, and shall remove and properly dispose of any aquatic plants, aquatic plant parts, and aquatic nuisance species.

(c) No-cost boat wash; aquatic nuisance species inspection station. It shall be a violation of this section for a person transporting a vessel to or from a water to not have the vessel, the motor vehicle transporting the vessel, the trailer, and other equipment inspected and decontaminated at an approved aquatic nuisance species inspection station prior to launching the vessel and upon leaving a water if:

(1) an aquatic nuisance species inspection station is maintained at the area where the vessel is entering or leaving the water;

(2) the aquatic nuisance species inspection station is open; and

(3) an individual operating the aquatic nuisance species inspection station identifies the vessel for inspection or decontamination.

(d) Draining of vessel; transport.

(1)(A) When leaving a water of the State and prior to transport away from the area where the vessel left the water, a person operating a vessel shall drain the vessel, trailer, and other equipment of water, including water in live wells, ballast tanks, and bilge areas. A person is not required to drain:

(i) baitboxes when authorized under 10 App. V.S.A. § 122(5) to transport bait in a baitbox away from a water; or

(ii) vehicles and trailers specifically designed and used for water hauling.

(B) A person operating a vessel shall drain the vessel, trailer, and other equipment of water in a manner to avoid a discharge to the water of the State. This subdivision (d)(1) does not authorize a person to discharge waste, as defined in section 1251 of this title, to waters of the State. A person shall dispose of waste in the manner required by law.

(2) When a person transports a vessel, the person shall remove or open the drain plugs, bailers, valves, and other devices that are used to control the draining of water from ballast tanks, bilge areas, and live wells of the vessel, trailer, and other equipment, except for vehicles and trailers specifically designed and used for water hauling and emergency response vehicles and equipment.

(e) Presumption of compliance; aquatic nuisance species inspection station. A person transporting a vessel to or from a water will be presumed to have not violated subsections (a), (b), and (d) of this section if, upon launching a vessel and upon leaving a water, the vessel is decontaminated at an approved aquatic nuisance inspection station. If staff of an approved aquatic nuisance inspection station observe a violation of subsection (a), (b), or (d) of this section, staff shall notify the person transporting the vessel.

(f) Exceptions to transport prohibition. The Secretary may allow the transport of aquatic plants, aquatic plant parts, or aquatic nuisance species for scientific purposes, educational purposes, or other purposes specifically authorized by the Secretary. When allowing the transport of aquatic plants, aquatic plant parts, or aquatic nuisance species under this subsection, the Secretary shall take into consideration both the value of the scientific or educational purpose and the risk to Vermont surface waters posed by the transport and ultimate use of the specimens. A letter from the Secretary authorizing the transport must accompany the specimens during transport.

(g) Signage; access areas and marinas. Signage shall be posted at all public access and landing areas regulated under section 4145 of this title and at all marinas regarding the requirements of subsections (a)-(d) of this section relating to aquatic nuisance transport and inspection and decontamination of vessels, motor vehicles transporting vessels, trailers, or other equipment. The Secretary shall provide marinas with the signs required under this section.

(h) Violations. Pursuant to 4 V.S.A. § 1102, a violation of this section may be brought in the Judicial Bureau by any law enforcement officer, as that term is defined in 23 V.S.A. § 3302(2), or, pursuant to section 8007 or 8008 of this title, a violation of this section may be brought in the Environmental Division of the Superior Court. If a violation of this section is adjudicated in the Judicial Bureau or the Environmental Division, the violation shall not be addressed or adjudicated a second time in the other court.

(Added 2009, No. 46, § 1, eff. July 1, 2010; amended 2013, No. 172 (Adj. Sess.), § 8; 2015, No. 61, § 10, eff. June 17, 2015; 2017, No. 67, § 2, eff. June 8, 2017.)

§ 1455 Aquatic nuisance control permit

(a) A person shall not use pesticides, chemicals other than pesticides, biological controls, bottom barriers, structural barriers, structural controls, or powered mechanical devices in waters of the State to control nuisance aquatic plants, insects, or other aquatic nuisances, including lamprey, unless that person has been issued a permit by the Secretary.

(b) Notwithstanding other requirements set forth in chapter 47 of this title to the contrary, the Secretary may issue permits under this section.

(c) Persons desiring a permit under this section shall make application to the Secretary on a form prescribed by the Secretary.

(d) The Secretary shall issue a permit for the use of pesticides in waters of the State for the control of nuisance aquatic plants, insects, or other aquatic life, including lamprey, when the applicant demonstrates and the Secretary finds:

(1) there is no reasonable nonchemical alternative available;

(2) there is acceptable risk to the nontarget environment;

(3) there is negligible risk to public health;

(4) a long-range management plan has been developed which incorporates a schedule of pesticide minimization; and

(5) there is a public benefit to be achieved from the application of a pesticide or, in the case of a pond located entirely on a landowner’s property, no undue adverse effect upon the public good.

(e) A landowner applying to use a pesticide on a pond located entirely on the landowner’s property is exempt from the requirement of subdivision (d)(4) of this section.

(f) The Secretary shall issue a permit for the control of aquatic nuisances by biological controls, bottom barriers, structural barriers, structural controls, powered mechanical devices, or chemicals other than pesticides when the Secretary finds:

(1) there is acceptable risk to the nontarget environment;

(2) there is negligible risk to public health; and

(3) there is either benefit to or no undue adverse effect upon the public good.

(g) The use of bottom barriers, structural barriers, structural controls, powered mechanical devices, and copper compounds as an algaecide in waters with a surface area of one acre or less located entirely on a person’s property and with an outlet where the flow can be controlled for at least three days is exempt from the permit requirements of this section.

(h) When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(i) An aquatic nuisance control permit issued under this section shall:

(1) specify in writing the Secretary’s findings under subsection (d) or (f) of this section;

(2) specify the location, manner, nature, and frequency of the permitted activity;

(3) contain additional conditions, requirements, and restrictions as the Secretary deems necessary to preserve and protect the quality of the receiving waters, to protect the public health, and to minimize the impact on the nontarget environment. Such conditions may include requirements concerning recording, reporting, and monitoring;

(4) be valid for the period of time specified in the permit, not to exceed five years for chemical control, and not to exceed ten years for nonchemical control.

(j) An aquatic nuisance control permit issued under this chapter may be renewed from time to time upon application to the Secretary. The process of permit renewal will be consistent with the requirements of this section.

(k) An applicant for a permit under this section shall pay an application fee as required by 3 V.S.A. § 2822. The Agency of Natural Resources shall be exempt from this fee requirement.

(l) No permit shall be required under this section for mosquito control activities that are regulated by the Agency of Agriculture, Food and Markets, provided that:

(1) Prior to authorizing the use of larvicides or pupacides in waters of the State, the Secretary of Agriculture, Food and Markets shall designate acceptable control products and methods for their use and issue permits pursuant to 6 V.S.A. § 1083(a)(5); and

(2) [Repealed.]

(m) The Secretary may issue general permits for the use of nonchemical aquatic nuisance control activities provided that the Secretary makes the findings required in subsection (f) of this section. A general permit issued under this subsection is not required to specify the exact location or the frequency of the permitted activity.

(Added 2009, No. 46, § 1, eff. July 1, 2010; amended 2013, No. 142 (Adj. Sess.), § 89; 2015, No. 150 (Adj. Sess.), § 21, eff. Jan. 1, 2018; 2017, No. 67, § 3, eff. June 8, 2017.)

§ 1456 Aquatic species rapid response general permits

(a) Notwithstanding the requirements of section 1455 of this title, the Secretary may issue an aquatic species rapid response general permit under this section for a term not to exceed ten years for the control of a nonindigenous new aquatic species. This general permit shall identify the control technique, including the use of biological controls, pesticides, and any other control techniques for the nonindigenous new aquatic species for which coverage may be sought under the permit.

(b) Applications for coverage under this general permit shall be limited to the Commissioner of Environmental Conservation and the Commissioner of Fish and Wildlife. The application shall state the grounds for declaring an emergency situation as defined in subsection (f) of this section. The application shall identify the nonindigenous new aquatic species and control techniques selected to respond to the emergency.

(c) When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(d) The Secretary may issue an authorization under an aquatic species rapid response general permit only when the Secretary finds:

(1) that an emergency exists; and

(2) that the proposed control technique meets the requirements of the general permit and is acceptable when considering the emergency situation.

(e) Authorization to act under the terms of a general permit issued under this section shall not exceed three years.

(f) Prior to determining that a nonindigenous new aquatic species emergency exists, the Secretary shall consider the following factors:

(1) the likelihood that the nonindigenous new aquatic species will cause harm to human health, safety, or the environment;

(2) the likelihood that the nonindigenous new aquatic species will cause significant harm to the economy;

(3) the magnitude of the potential adverse impact of the nonindigenous new aquatic species upon public health, safety, the environment, native biodiversity, water bodies, outdoor recreation, or any other use of the State’s water resources;

(4) the likelihood that the nonindigenous new aquatic species would naturalize in the State if not immediately controlled;

(5) the rate at which the invasion would spread throughout the State; and

(6) the difficulty to control the spread of the nonindigenous new aquatic species in the State.

(Added 2009, No. 46, § 1, eff. July 1, 2010; amended 2015, No. 150 (Adj. Sess.), § 22, eff. Jan. 1, 2018.)

§ 1457 Entrance upon lands to prevent the introduction and spread of new aquatic species

(a) The aquatic nuisance control program shall take reasonable steps to prevent the introduction and spread of new aquatic species that may become invasive in the State. To accomplish this objective, the Secretary or his or her agent may, after first obtaining the permission of the landowner or lessee, enter upon lands for the following purposes:

(1) to survey for, inspect, or investigate conditions relating to new aquatic species that may become invasive;

(2) to collect information to issue coverage under rapid response general permits under section 1456 of this title;

(3) to conduct or use control techniques that are available under or authorized by a rapid response general permit issued under section 1456 of this title; and

(4) to determine whether the rules of the agency adopted or issued under this chapter are being complied with.

(b) If a land owner refuses to grant the Secretary or his or her agent permission to enter onto the owner’s land under this section, the Secretary or the duly authorized representative of the Secretary may apply for and obtain a warrant or subpoena to allow such entry, surveying, collection, and control as is necessary to protect human health, safety, and the environment or prevent economic loss.

(Added 2009, No. 46, § 1, eff. July 1, 2010.)

§ 1458 Grant-in-aid to municipalities and agencies of the State

(a) A municipality or agency of the State that desires State assistance to control aquatic nuisances may apply in writing to the Agency of Natural Resources in a manner prescribed by the Agency of Natural Resources.

(b) When the Agency finds that a proposed aquatic nuisance control program is suitable to control or minimize the effect an aquatic nuisance has on water quality and water use, it may award a grant of 75 percent or less of the project costs as determined by the Agency. Recurring maintenance projects may be awarded grants of 75 percent or less of the annual project cost. In approving requests and determining the amount of any grant, the Agency shall consider the following:

(1) the use of the waters by persons outside the municipality in which the waters are located;

(2) the long-range effect of the control project;

(3) the recreational use of the waters; and

(4) the effectiveness of municipal shoreland zoning and other controls in minimizing or preventing existing or new development from having any adverse effects on the waters subject to the control program.

(c) The Agency shall make awards to priority projects to the extent funds are available. First priority shall be projects to manage incipient infestations of aquatic nuisances, second priority shall be projects to prevent or control the further spread of aquatic nuisances, and third priority shall be recurring maintenance projects. In establishing priorities for individual projects, the Agency shall consider the following:

(1) public accessibility and recreational uses;

(2) the importance to commercial, agricultural, or other interests;

(3) the degree of local interest, as manifested by municipal or other contributions to the project;

(4) local efforts to control aquatic nuisances;

(5) other considerations affecting feasibility, probability of achieving long-term control, and necessity or advantage of the proposed work; and

(6) the extent to which the control project is a developmental rather than a maintenance program.

(d) With the approval of the Secretary, the Agency may use funds provided under this section as well as other funds for restoration, management, or protection projects or for studies in the best interests of the State when the appropriate municipal applicant is not available or not eligible to receive a grant.

(e) When the Agency finds that a proposed aquatic nuisance control program is necessary and involves construction or installation of permanent facilities designed to control or minimize the effect that an aquatic nuisance has on water quality or water use, it may award a grant of up to 50 percent of the nonfederal costs of the project provided that evidence is received that the project applicant has voted funds in a specific amount to undertake the project. The applicant shall demonstrate it has or will acquire adequate interests in the site of the project to provide undisturbed possession and use during the life of the project and shall demonstrate ability to operate and maintain the project. The applicant may enter into agreements with the Agency for prosecution of all or any portion of the project. For purposes of this subsection, corporations registered with the Secretary of State may be eligible applicants.

(f) The Agency may make periodic grant payments upon submission by the grantee showing that costs for which reimbursement is requested have been incurred and paid by the grantee. Partial payments shall be made not more frequently than monthly. After the project has been completed and its costs audited by the Agency, the Agency shall certify the remainder of the award to the Commissioner of Finance and Management who shall issue his or her warrant for payment. Interest costs incurred in local short-term borrowing of the grant amount may be reimbursed as part of the grant.

(Added 2009, No. 46, § 1, eff. July 1, 2010.)

§ 1459 Joint municipal participation

Should the shorelands of waters for which funds are requested under sections 1451-1460 of this title be under more than one municipal governmental jurisdiction, the provisions herein shall apply to the respective municipalities under a joint application, except that the required municipal contribution shall be apportioned among the respective municipalities.

(Added 2009, No. 46, § 1, eff. July 1, 2010.)

§ 1460 Rulemaking

The Secretary may adopt rules to implement the requirements of this chapter.

(Added 2009, No. 46, § 1, eff. July 1, 2010.)

§ 1461 Aquatic nuisance inspection stations; training program

(a) The Secretary of Natural Resources shall establish a training program regarding how to conduct inspection of vessels, motor vehicles, trailers, and other equipment for the presence of aquatic plants, aquatic plant parts, and aquatic nuisance species. The training program shall include online training, recorded material, training manuals, or other material that allows a person to complete training remotely.

(b) The Secretary of Natural Resources shall establish a training program regarding how to decontaminate vessels, motor vehicles, trailers, and other equipment to prevent the spread of aquatic plants, aquatic plant parts, and aquatic nuisance species. The training program shall instruct participants regarding how to address noncompliance with the requirements of section 1454 of this title, including how:

(1) operators of the inspection station do not have authority to board a vessel unless authorized by the vessel owner; and

(2) operators of the inspection station do not have law enforcement authority to mandate compliance with the requirements of section 1454 of this title.

(c) In order to establish an aquatic nuisance species inspection station for the purposes of the vessel inspection and decontamination requirements of subsection 1454(c) of this title, a lake association, municipality, or the Commissioner of Environmental Conservation shall apply to the Secretary for approval. As a condition of approval, a representative of a lake association or municipality shall complete the training programs established under subsections (a) and (b) of this section. A lake association or municipality seeking to operate an aquatic nuisance species inspection station shall designate a representative to complete the training programs established under subsections (a) and (b) of this section.

(d) A lake association or municipality approved to operate an aquatic nuisance species inspection station under subsection (c) of this section shall provide persons who will operate the aquatic nuisance species inspection station with training materials furnished by the Secretary regarding how to conduct the inspection and decontamination of vessels, motor vehicles, trailers, and other equipment for the presence of aquatic plants, aquatic plant parts, and aquatic nuisance species.

(e) The Secretary may adopt rules under section 1460 of this title to implement the training requirements of this section, including an annual schedule of available training.

(Added 2017, No. 67, § 4, eff. June 8, 2017.)

Chapter 51 Licensing of Water Well Drillers

§§ 1471-1479 Recodified. 1985, No. 53, § 2. [Repealed]

Chapter 53 Beverage Containers; Deposit-Redemption System

§ 1521 Definitions

As used in this chapter:

(1) “Beverage” means beer or other malt beverages and mineral waters, mixed wine drink, soda water, and carbonated soft drinks in liquid form and intended for human consumption. “Beverage” also means liquor and ready-to-drink spirits beverage.

(2) “Biodegradable material” means material that is capable of being broken down by bacteria into basic elements.

(3) “Container” means the individual, separate, bottle, can, jar, or carton composed of glass, metal, paper, plastic, or any combination of those materials containing a consumer product. This definition shall not include containers made of biodegradable material.

(4) “Distributor” means every person who engages in the sale of consumer products in containers to a dealer in this State, including any manufacturer who engages in such sales. Any dealer or retailer who sells, at the retail level, beverages in containers without having purchased them from a person otherwise classified as a distributor shall be a distributor.

(5) “Manufacturer” means every person bottling, canning, packing, or otherwise filling containers for sale to distributors or dealers.

(6) “Recycling” means the process of sorting, cleansing, treating, and reconstituting waste and other discarded materials for the purpose of reusing the materials in the same or altered form.

(7) “Redemption center” means a store or other location where any person may, during normal business hours, redeem the amount of the deposit for any empty beverage container labeled or certified pursuant to section 1524 of this title.

(8) “Secretary” means the Secretary of Natural Resources.

(9) “Mixed wine drink” means a beverage containing wine and more than 15 percent added plain, carbonated, or sparkling water and that contains added natural or artificial blended material, such as fruit juices, flavors, flavoring, adjuncts, coloring, or preservatives; that contains not more than 16 percent alcohol by volume; or other similar product marketed as a wine cooler.

(10) “Liquor” means spirits as defined in 7 V.S.A. § 2.

(Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 1; 1983, No. 171 (Adj. Sess.), § 2; 1987, No. 76, § 18; 1987, No. 261 (Adj. Sess.), §§ 1, 2, eff. July 1, 1989; 2005, No. 128 (Adj. Sess.), § 1; 2021, No. 177 (Adj. Sess.), § 35, eff. July 1, 2022.)

§ 1522 Beverage containers; deposit

(a) Except with respect to beverage containers that contain liquor, a deposit of not less than five cents shall be paid by the consumer on each beverage container sold at the retail level and refunded to the consumer upon return of the empty beverage container. With respect to beverage containers of volume greater than 50 ml. that contain liquor, a deposit of 15 cents shall be paid by the consumer on each beverage container sold at the retail level and refunded to the consumer upon return of the empty beverage container. The difference between liquor bottle deposits collected and refunds made is hereby retained by the Liquor Control Enterprise Fund for administration of this subsection.

(b) A retailer or a person operating a redemption center who redeems beverage containers shall be reimbursed by the manufacturer or distributor of such beverage containers in an amount that is three and one-half cents per container for containers of beverage brands that are part of a commingling program and four cents per container for containers of beverage brands that are not part of a commingling program.

(c) [Repealed.]

(d) Containers shall be redeemed during no fewer than 40 hours per week during the regular operating hours of the establishment.

(Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 2; 1979, No. 132 (Adj. Sess.), § 1; 1987, No. 261 (Adj. Sess.), § 3, eff. Jan. 1 1990; 1991, No. 245 (Adj. Sess.), § 272; 1999, No. 49, § 193; 2005, No. 128 (Adj. Sess.), § 2; 2007, No. 123 (Adj. Sess.), § 2; 2017, No. 83, § 143.)

§ 1522a Rules

The Secretary may adopt rules, in accordance with 3 V.S.A. chapter 25, necessary for the administration of this chapter. These rules may include the following:

(1) Provisions to ensure that beverage containers not labeled in accordance with section 1524 of this title are not redeemed.

(2) Provisions to ensure that beverage containers are commingled.

(3) Administrative penalties for the failure by a redemption center or retailer to remove beverage containers that are not labeled prior to pickup by a distributor or manufacturer. Penalties may include nonpayment of the deposit and handling fee established under section 1522 of this title for a reasonable period of time and for the number of beverage containers that were not labeled.

(4) Any other provision that may be necessary for the implementation of this chapter.

(Added 2007, No. 123 (Adj. Sess.), § 1.)

§ 1523 Acceptance of beverage containers

(a) Except as provided in section 1522 of this title:

(1) A retailer shall not refuse to accept from any person any empty beverage containers, labeled in accordance with section 1524 of this title, of the kind, size, and brand sold by the retailer, or refuse to pay to that person the refund value of a beverage container as established by section 1522 of this title, except as provided in subsection (b) of this section.

(2) A manufacturer or distributor may not refuse to pick up from a retailer that sells its product or a person operating a certified redemption center any empty beverage containers, labeled in accordance with section 1524 of this title, of the kind, size, and brand sold by the manufacturer or distributor, or refuse to pay the retailer or a person operating a redemption center the refund value of a beverage container as established by section 1522 of this title.

(b) A retailer, with the prior approval of the Secretary, may refuse to redeem beverage containers if a redemption center or centers are established that serve the public need.

(c) A retailer or a person operating a redemption center may refuse to redeem beverage containers that are not clean, or are broken, and shall not redeem beverage containers that are not labeled in accordance with section 1524 of this title.

(d)-(f) [Repealed.]

(Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 4; 1983, No. 171 (Adj. Sess.), § 3; 2005, No. 128 (Adj. Sess.), § 3; 2007, No. 123 (Adj. Sess.), § 3.)

§ 1524 Labeling

(a) Every beverage container sold or offered for sale at retail in this State shall clearly indicate by embossing or imprinting on the normal product label, or in the case of a metal beverage container on the top of the container, the word “Vermont” or the letters “VT” and the refund value of the container in not less than one-eighth inch type size or such other alternate indications as may be approved by the Secretary. This subsection does not prohibit including names or abbreviations of other states with deposit legislation comparable to this chapter.

(b) The Commissioner of Liquor and Lottery may allow, in the case of liquor bottles, a conspicuous, adhesive sticker to be attached to indicate the deposit information required in subsection (a) of this section, provided that the size, placement, and adhesive qualities of the sticker are as approved by the Commissioner. The stickers shall be affixed to the bottles by the manufacturer, except that liquor that is sold in the State in quantities less than 100 cases per year may have stickers affixed by personnel employed by the Division of Liquor Control.

(c) This section shall not apply to permanently labeled beverage containers.

(d) [Repealed.]

(Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 5, eff. Sept. 1, 1975; 1979, No. 132 (Adj. Sess.), § 2; 1983, No. 171 (Adj. Sess.), § 4; 1989, No. 175 (Adj. Sess.), §§ 1-3; 1989, No. 286 (Adj. Sess.), § 6; 1991, No. 97, eff. June 27, 1991; 2005, No. 128 (Adj. Sess.), § 5; 2019, No. 73, § 21.)

§ 1525 Prohibitions

(a)(1) No beverage shall be sold or offered for sale at retail in this State:

(A) in a metal container designed and constructed so that part of the container other than a piece of pressure sensitive tape is detachable in opening the container; or

(B) in containers connected to each other with plastic rings or similar devices that are not classified as biodegradable by the Secretary.

(2) For the purposes of this subsection only, the word “beverage” includes all drinks sold in liquid form intended for human consumption, whether or not specifically listed in section 1521 of this chapter.

(b) The Secretary of Natural Resources may exempt specific products from subdivision (a)(1) of this section for so long as existing technology does not permit compliance for those products.

(c) No distributor shall sell or offer for sale in this State a brand of beverage in a beverage container labeled as provided in subsection 1524(a) of this title if that distributor sells that beverage container containing that brand in a state that does not have a deposit-redemption system similar to the one established by this chapter and that is adjacent to this State. A distributor that violates this subsection is prohibited from selling or offering those beverages for sale in this State until the violation is corrected.

(d) No person shall knowingly attempt to redeem a container to a retailer or a redemption center for deposit return if that container was purchased outside this State.

(Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 6, eff. Jan. 1, 1977; 1979, No. 63, § 1, eff. Jan. 1, 1981; 1987, No. 261 (Adj. Sess.), § 4, eff. Jan. 1, 1990; 2005, No. 128 (Adj. Sess.), § 4; 2019, No. 14, § 37, eff. April 30, 2019.)

§ 1526 Educational program

(a) State informational material such as travel pamphlets, road maps, and similar publications submitted for printing on or after July 1, 1975 shall bear information relating to this chapter. This information shall take the form of a standard public statement relating to the deposit law provided by the Secretary.

(b) The Agency of Education may incorporate information on this chapter in educational material which it normally distributes to primary and secondary educational institutions within the State. The Agency may cooperate with the Agency of Natural Resources in distributing any additional informative material on this chapter to schools in the State.

(Added 1975, No. 105, § 7; amended 1987, No. 76, § 18; 2013, No. 92 (Adj. Sess.), § 254, eff. Feb. 14, 2014.)

§ 1527 Penalty

A person who violates a provision of this chapter shall be fined in accordance with chapter 201 of this title.

(Added 1975, No. 105, § 8; amended 2023, No. 79, § 11, eff. July 1, 2023.)

§ 1528 Beverage registration

No distributor or manufacturer shall sell a beverage container in the State of Vermont without the manufacturer registering the beverage container with the Agency of Natural Resources prior to sale, unless distributed by the Department of Liquor and Lottery. This registration shall take place on a form provided by the Secretary and include the following:

(1) the name and principal business address of the manufacturer;

(2) the name of the beverage and the container size;

(3) whether the beverage is a part of an approved commingling agreement; and

(4) the name of the person picking up the empty beverage container, if that person is different from the manufacturer.

(Added 2007, No. 123 (Adj. Sess.), § 4; amended 2019, No. 73, § 22.)

§ 1529 Redemption center certification

A person operating a redemption center may obtain a certification from the Secretary. A redemption center certification shall include the following:

(1) Specification of the name and location of the facility;

(2) If the certified redemption center redeems more than 250,000 containers per year, a requirement that the certified redemption center shall participate in an approved commingling agreement; and

(3) Additional conditions, requirements, and restrictions as the Secretary may deem necessary to implement the requirements of this chapter. This may include requirements concerning reporting, recording, and inspections of the operation of the site.

(Added 2007, No. 123 (Adj. Sess.), § 4.)

§ 1530 Abandoned beverage container deposits

(a) As used in this section, “deposit initiator” means the first distributor or manufacturer to collect the deposit on a beverage container sold to any person within the State.

(b) Beginning on January 1, 2020, and quarterly thereafter, every deposit initiator shall report to the Secretary of Natural Resources and the Commissioner of Taxes. The report shall be submitted on or before the 25th day of the calendar month succeeding the quarter ending on the last day of March, June, September, and December each year. The deposit initiator shall submit the report on a form provided by the Commissioner of Taxes. The report shall include:

(1) the number of beverage containers sold in the preceding quarter and the number of beverage containers returned in the preceding quarter;

(2) the amount of beverage container deposits received by the deposit initiator;

(3) the amount of refund payments made in the preceding quarter; and

(4) any additional information required by the Commissioner of Taxes.

(c)(1) On or before January 1, 2020, and quarterly thereafter, at the time a report is filed pursuant to subsection (d) of this section, each deposit initiator shall remit to the Commissioner of Taxes any abandoned beverage container deposits from the preceding quarter. The amount of abandoned beverage container deposits for a quarter is the amount equal to the amount of deposits that the deposit initiator collected in the quarter less the amount of the total refund value paid out by the deposit initiator for beverage containers during the quarter.

(2) In any calendar quarter, the deposit initiator may submit to the Commissioner of Taxes a request for reimbursement of refunds paid under this chapter that exceed the amount of deposits collected in the quarter. The Commissioner of Taxes shall pay a request for reimbursement under this subdivision from the funds remitted to the Commissioner under subdivision (1) of this subsection, provided that:

(A) the Commissioner determines that the deposits collected by the deposit initiator are insufficient to pay the refunds on returned beverage containers; and

(B) a reimbursement paid by the Commissioner to the deposit initiator shall not exceed the amount paid by the deposit initiator under subdivision (1) of this subsection (c) less amounts paid to the initiator pursuant to this subdivision (2) in the previous four quarterly filings.

(3) Except as expressly provided otherwise in this chapter, all the administrative provisions of 32 V.S.A. chapter 151, including those relating to collection, enforcement, interest, and penalty charges, shall apply to the remittance of abandoned beverage container deposits.

(4) A deposit initiator may within 60 days after the date of mailing of a notice of deficiency, the date of a full or partial denial of a request for reimbursement, or the date of an assessment petition the Commissioner of Taxes in writing for a hearing and determination on the matter. The hearing shall be subject to and governed by 3 V.S.A. chapter 25. Within 30 days after a determination, an aggrieved deposit initiator may appeal a determination by the Commissioner of Taxes to the Washington Superior Court or the Superior Court of the county in which the deposit initiator resides or has a place of business.

(5) Notwithstanding any appeal, upon finding that a deposit initiator has failed to remit the full amount required by this chapter, the Commissioner of Taxes may treat any refund payment owed by the Commissioner to a deposit initiator as if it were a payment received and may apply the payment in accordance with 32 V.S.A. § 3112.

(d) The Secretary of Natural Resources may prohibit the sale of a beverage that is sold or distributed in the State by a deposit initiator who fails to comply with the requirements of this chapter. The Secretary may allow the sale of a beverage upon the deposit initiator’s coming into compliance with the requirements of this chapter.

(e) Data reported to the Secretary of Natural Resources and the Commissioner of Taxes by a deposit initiator under this section shall be confidential business information exempt from public inspection and copying under 1 V.S.A. § 317(c)(9) but shall not be confidential return information under 32 V.S.A. § 3102, provided that the Commissioner of Taxes may use and disclose such information in summary or aggregated form that does not directly or indirectly identify individual deposit initiators except to the Secretary of Natural Resources in relation to the administration of this chapter.

(Added 2017, No. 208 (Adj. Sess.), § 4a, eff. May 30, 2018; amended 2019, No. 62, § 8, eff. June 17, 2019; 2019, No. 175 (Adj. Sess.), § 21, eff. Oct. 8, 2020.)

Chapter 55 Aid to Municipalities for Water Supply and Water Pollution Abatement and Control

Subchapter 1 General Provisions

§ 1571 Definitions

As used in this chapter:

(1) “Agency” means Agency of Natural Resources.

(2) “Board” means the Land Use Review Board.

(3) [Repealed.]

(4) “Department” means the Department of Environmental Conservation.

(5) “Municipality” means a municipality as defined in 1 V.S.A. § 126.

(6) “Water pollution abatement and control facilities” means such equipment, conveyances, and structural or nonstructural facilities owned or operated by a municipality that are needed for and appurtenant to the prevention, management, treatment, storage, or disposal of stormwater, sewage, or waste, including a wastewater treatment facility, combined sewer separation facilities, an indirect discharge system, a wastewater system, flood resiliency work related to a structural facility, or a groundwater protection project.

(7) [Repealed.]

(8) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative.

(9) [Repealed.]

(10) “Designated center” means a downtown development district, village center, new town center, growth center, Vermont neighborhood, or neighborhood development area designated under 24 V.S.A. chapter 76A.

(11) “Sewage” shall have the same meaning as used in 24 V.S.A. § 3501.

(12) “Stormwater” shall have the same meaning as stormwater runoff in section 1264 of this title.

(13) “Waste” shall have the same meaning as used in section 1251 of this title.

(Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1981, No. 222 (Adj. Sess.), § 30; 1987, No. 76, § 18; 1997, No. 62, § 57, eff. June 26, 1997; 2003, No. 63, § 61, eff. June 11, 2003; 2003, No. 115 (Adj. Sess.), § 39, eff. Jan. 31, 2005; 2003, No. 121 (Adj. Sess.), § 63, eff. June 8, 2004; 2013, No. 147 (Adj. Sess.), § 10, eff. June 1, 2014; 2015, No. 103 (Adj. Sess.), § 5, eff. May 12, 2016.)

§ 1572 Repealed

[Repealed]

2015, No. 103 (Adj. Sess.), § 6, eff. May 12, 2016.

Subchapter 2 Engineering Planning Advances

§§ 1591-1595 Repealed

[Repealed]

2015, No. 103 (Adj. Sess.), § 7, eff. May 12, 2016.

§§ 1596-1598 Repealed

[Repealed]

1981, No. 222 (Adj. Sess.), § 32.

Subchapter 3 Construction Grants

§ 1621 Financial assistance

A municipality that desires State financial assistance for construction, improvement, or expansion of water pollution abatement and control facilities may make application to the Department in accordance with this subchapter.

(Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1997, No. 62, § 58, eff. June 26, 1997; 2015, No. 103 (Adj. Sess.), § 13, eff. May 12, 2016.)

§ 1622 Eligible projects

As used in this subchapter, eligible project costs for water pollution abatement and control facilities projects shall include equipment, conveyances, and structural or nonstructural facilities needed for and appurtenant to the prevention, management, treatment, storage, or disposal of sewage, waste, or stormwater, and the associated costs, including planning and design costs, necessary to construct the improvements, including costs to acquire land for the project.

(Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1971, No. 255 (Adj. Sess.), § 8, eff. April 11, 1972; 1973, No. 112, § 1, eff. April 25, 1973; 1977, No. 241 (Adj. Sess.), § 2; 1983, No. 198 (Adj. Sess.), § 2, eff. Oct. 1, 1984; 1997, No. 62, § 59, eff. June 26, 1997; 2015, No. 103 (Adj. Sess.), § 14, eff. May 12, 2016; 2017, No. 185 (Adj. Sess.), § 18, eff. May 28, 2018.)

§ 1623 Application

A municipality that has voted funds in a specific amount to construct a water pollution abatement and control facility as described in section 1622 of this title, at a meeting duly warned for that purpose, which desires to avail itself of State aid funds under this subchapter, shall apply for such funds in writing to the Department in a manner prescribed by the Department.

(Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1977, No. 39, § 3, eff. April 19, 1977; 2015, No. 103 (Adj. Sess.), § 15, eff. May 12, 2016.)

§§ 1624-1626a Repealed

[Repealed]

2016, No. 103 (Adj. Sess.), § 16, eff. May 12, 2016.

§ 1626b Municipal water pollution control grants

(a) Projects. The Secretary may award State assistance grants to municipalities for water pollution abatement and control facilities.

(b) Application. The Secretary shall prescribe the form of application to apply for a grant under this section. The application shall include:

(1) a description of the project;

(2) a schedule for project implementation;

(3) an estimate of the project cost;

(4) the information necessary for the Secretary to determine the grant amount using the criteria described in section 1628 of this title;

(5) whether the project requires a permit under chapter 151 of this title; and

(6) any other information that the Secretary deems necessary to implement this section.

(c) Grant award. The Secretary shall make grant awards pursuant to the project priority system adopted under section 1628 of this title in an amount not to exceed 35 percent of eligible project costs. The Secretary shall not award a grant under this section until the applicant provides a permit or jurisdictional opinion that a permit is not required, issued pursuant to chapter 151 of this title.

(d) Payment of awards. Payment of awards shall be made pursuant to section 1627 of this title.

(Added 2015, No. 103 (Adj. Sess.), § 20, eff. May 12, 2016.)

§ 1627 Payment of awards

The Department may make periodic grant payments based upon certification by the grantee that costs for which reimbursement is requested have been incurred and paid by the grantee. The recipient shall provide supporting evidence of payment upon the request of the Department. Partial payments shall be made not more frequently than monthly. Interest costs incurred in local short-term borrowing of the grant amount shall be reimbursed as part of the grant. After the construction has been completed, and its cost audited by the Department, the Department shall certify the remainder of the award to the Commissioner of Finance and Management who shall issue his or her warrant for payment.

(Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1977, No. 39, § 5, eff. April 19, 1977; 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 276 (Adj. Sess.), § 32, eff. June 20, 1990.)

Subchapter 4 Priority System, Regulations, Appeals, and Transfer of Funds

§ 1628 Priorities

The Department shall make grant awards under this chapter to eligible municipal water pollution abatement and control projects on the basis of need as determined according to a system of priorities adopted by rule by the Department and to the extent appropriate funds are available. The system of priorities shall require consideration of criteria, including:

(1) whether a project is grant or loan eligible;

(2) the condition of the waters affected by the project and whether the waters are:

(A) not in compliance with the Vermont Water Quality Standards; or

(B) have a total maximum daily load (TMDL);

(3) whether the project will address water quality issues identified in a basin plan;

(4) whether the project will abate or control pollution that is causing or may cause a threat to public health;

(5) whether the project will address an emergency situation affecting or constituting a threat to the environment or the public health, safety, or welfare;

(6) if the project repairs or replaces existing infrastructure, the condition and integrity of such infrastructure;

(7) whether the project incorporates principles of environmental resiliency or sustainability, including energy efficiency, which reduce the environmental impacts of the project or a water pollution abatement and control facility;

(8) the fiscal integrity and sustainability of the project, including whether the project is a cost-effective alternative, when compared to other alternatives;

(9) whether the project serves a designated center;

(10) affordability factors for the municipality or municipalities in which the project is located, including:

(A) median household income;

(B) unemployment rate; and

(C) population trends; and

(11) if the project removes a pollutant for which the water or waters affected by the project are impaired, the cost-effectiveness of the project at removing that pollutant.

(Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1981, No. 222 (Adj. Sess.), § 35; 1989, No. 276 (Adj. Sess.), § 33, eff. June 20, 1990; 2013, No. 147 (Adj. Sess.), § 11, eff. June 1, 2014; 2015, No. 103 (Adj. Sess.), § 21, eff. May 12, 2016.)

§ 1629 Appeals

Appeals of any act or decision of the Department under this subchapter shall be made in accordance with chapter 220 of this title.

(Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1981, No. 222 (Adj. Sess.), § 36; 2003, No. 115 (Adj. Sess.), § 40, eff. Jan. 31, 2005.)

§ 1630 Rules

The Department with the approval of the Secretary shall adopt rules consistent with this subchapter as it finds necessary for proper administration of the subchapter.

(Added 1971, No. 97, § 3, eff. April 22, 1971; amended 2015, No. 103 (Adj. Sess.), § 22, eff. May 12, 2016.)

§ 1631 Transfer of funds

The Commissioner of the Department, with the approval of the Secretary of Natural Resources, the Secretary of Administration, and the Emergency Board, may transfer any unexpended balance of funds between a municipal pollution control or water supply planning or construction and storm water separation project authorized under this chapter if, in his or her judgment, financial or economic conditions are such that the best interests of the State would be served thereby.

(Added 1975, No. 254 (Adj. Sess.), § 139; amended 1981, No. 222 (Adj. Sess.), § 37; 1987, No. 76, § 18.)

§ 1632 State administrative departments

For the purpose of constructing or substantially improving a water pollution abatement and control facility, any State administrative department as authorized in Title 3 shall be deemed a municipality under section 1623 of this title and subject to the terms and conditions applicable to municipalities; provided, however, that a State administrative department deemed a municipality shall only receive State assistance under this chapter if the Department has a surplus of funds at the end of each fiscal year after all municipal grant applicants have received committed funds.

(Added 1979, No. 73, § 2, eff. May 7, 1979; amended 1981, No. 44; 2015, No. 103 (Adj. Sess.), § 23, eff. May 12, 2016.)

Subchapter 5 Technical and Other Services to Municipality

§ 1650 Department acting on behalf of municipality

Any municipality may request the Department to act in its behalf in undertaking the planning and construction of facilities described in this chapter.

(Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1981, No. 222 (Adj. Sess.), § 39.)

§ 1651 Application for assistance

When the voters of the municipality at a duly warned meeting have authorized the proper officials of the municipality to make application to and to enter into a contract with the Department for specific engineering and technical services, the municipality pursuant to a written application to the Department submitted in a form prescribed by the Department may enter into a contract with the Department under this subchapter.

(Added 1971, No. 97, § 3, eff. April 22, 1971.)

§ 1652 Contracts

Upon approval of the application, the Department shall prepare and offer to the municipality a contract for services requested, which shall include such terms and conditions as the Department determines to be reasonable, including reimbursement of all costs of such services.

(Added 1971, No. 97, § 3, eff. April 22, 1971.)

§ 1653 Eligibility

For the purposes of this subchapter, the Department, when acting on behalf of a municipality, is an eligible applicant for funds available under this chapter. Eligible planning and construction costs shall include the cost to the Department of undertaking these services on behalf of the municipality; however, in no case shall the Department administration charges exceed two percent of the project cost. Nothing in this subchapter shall relieve a municipality of its duty to provide the land required for the project or to contribute funds toward the cost of the project as otherwise required by law.

(Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1981, No. 222 (Adj. Sess.), § 40.)

Chapter 56 Public Water Supply

§ 1671 Definitions

As used in this chapter:

(1) “Drinking water” means noncarbonated water that is intended for human consumption or other consumer uses whether provided by a public water system or in a container, bottle, or package, or in bulk, including water used for production of ice, foodstuffs, or other products designed for human consumption.

(2) “Department” means the Department of Environmental Conservation.

(3) “Person” means any individual, partnership, company, corporation, cooperative, association, unincorporated association, joint venture, trust, the State of Vermont or any department, agency, subdivision, or municipality, the U.S. government or any department, agency, or subdivision, or any other legal or commercial entity.

(4) “Public water source” means any surface water or groundwater supply used as a source of drinking water for a public water system.

(5)(A) “Public water system” means any system, or combination of systems owned or controlled by a person, that provides drinking water through pipes or other constructed conveyances to the public and that:

(i) has at least 15 service connections; or

(ii) serves an average of at least 25 individuals for at least 60 days a year.

(B) Public water system shall also mean any part of a piped system that does not provide drinking water, if use of such a part could affect the quality or quantity of the drinking water supplied by the system. Public water system shall also mean a system that bottles drinking water for public distribution and sale.

(6) “Secretary” means the Secretary of Natural Resources or the Secretary’s designee.

(7) “Public water source protection area” means a surface and subsurface area from or through which contaminants are reasonably likely to reach a public water source.

(8) “Required agricultural practices” shall be as defined by the Secretary of Agriculture, Food and Markets under 6 V.S.A. § 4810.

(9) “Agricultural land” means any land, exclusive of any housesite, in active use to grow hay or cultivated crops, Christmas trees, horticultural crops, greenhouse and nursery crops, pasture livestock, or to cultivate trees bearing edible fruit or produce an annual maple product, and that is 25 acres or more in size except as provided below. There shall be a presumption that the land is used for agricultural purposes if it has produced an annual gross income from the sale of agricultural commodities in one of two, or three of the five, preceding calendar years of at least:

(A) $2,000.00 for parcels of up to 25 acres;

(B) $75.00 per acre for each acre over 25, with the total income required not to exceed $5,000.00;

(C) exceptions to these income requirements shall be made in cases of horticultural or nursery production Christmas tree production, or orchard lands planted to fruit producing trees that are not yet of saleable size or bearing age.

(10) “Community water system” means a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. The construction of a water system that upon completion of construction could be reasonably expected to serve at least 15 service connections or at least 25 year-round residents shall require a community water system construction permit.

(11) “Noncommunity water system” means a public water system that is not a community water system. There are two categories of noncommunity systems:

(A) “nontransient” systems, that are systems that serve 25 or more of the same people daily for more than six months in any year; and

(B) “transient” systems, which are all other noncommunity public water systems.

(12) “Conservation” means methods and procedures designed to promote efficient use of water and to minimize waste of water.

(13) “Capacity” means that a public water system has the technical, financial, and managerial capabilities to consistently comply with current performance standards, including the requirements of the Safe Drinking Water Act, 42 U.S.C. § 300f et seq., as amended.

(Added 1991, No. 71, § 2; amended 1995, No. 103 (Adj. Sess.), § 6; 1997, No. 134 (Adj. Sess.), § 8; 2001, No. 15, § 1; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 64, § 13; 2015, No. 97 (Adj. Sess.), § 23.)

§ 1672 Authority of the Agency of Natural Resources

(a) Except as provided in subsections (c) through (f) of this section, to prevent and minimize public health hazards, the Secretary shall have authority over and shall regulate the purity of drinking water; the adequacy, construction, and operation of public water systems; public water sources; and public water source protection areas.

(b) The Secretary may establish by rule standards or requirements for:

(1) Drinking water quality. Such standards or requirements shall be at least as stringent as the most recent national primary drinking water regulations, issued or promulgated by the U.S. Environmental Protection Agency pursuant to the Safe Drinking Water Act, 42 U.S.C. section 300f et seq.

(2) The construction, protection, testing, and monitoring of public water sources.

(3) The design, flows, construction, installation, operation, and maintenance of new public water systems.

(4) The design, flows, construction, operation, maintenance and alteration, repair, or extension to an existing public water system.

(5) The approval or denial of connections by public water systems.

(6) The ongoing monitoring and testing of drinking water and public water systems to be performed by a laboratory certified pursuant to 18 V.S.A. § 501b.

(7) Public water source protection areas.

(8) The mitigation or prevention of public health risks arising from public water sources, public water systems, and public water source protection areas.

(9) [Repealed.]

(10) Obtaining a construction permit for a new water system. At a minimum, the water system shall demonstrate that it possesses the long-term financial, managerial, and technical capability to operate and maintain a water system in conformance with federal and State regulatory requirements.

(c) Nothing in this chapter is intended to limit the authority of the Agency of Human Services or the Commissioner of Health to manage the public health of the State of Vermont. In adopting rules pursuant to this section, the Secretary shall submit the proposed rules to the Secretary of Human Services at least 30 days before filing them with the Secretary of State under 3 V.S.A. chapter 25.

(d) Nothing in this chapter is intended to limit or supersede the authority of the Secretary of Agriculture, Food and Markets under the provisions of Title 6 and this title. The Secretary shall not manage or restrict agricultural activities or other activities regulated by the Secretary of Agriculture, Food and Markets without his or her consent. When adopting rules under this section, the Secretary shall consult with the Secretary of Agriculture, Food and Markets to minimize any conflicts with that Agency.

(e) Nothing in this chapter is intended to limit or supersede the authority of the Commissioner of Health, or local health officers under Title 18.

(f) Nothing in this chapter is intended to limit the authority of the Public Utility Commission under the provisions of Title 30.

(g) If the Public Utility Commission does not concur with the rules proposed by the Secretary, the Secretary shall publicize the comments submitted by the Public Utility Commission, at each step specified in 3 V.S.A. § 836, and the Legislative Committee on Administrative Rules shall consider those comments.

(Added 1991, No. 71, § 2; amended 1993, No. 2, § 1, eff. April 9, 1993; 1995, No. 103 (Adj. Sess.), § 7; 1997, No. 134 (Adj. Sess.), § 9; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 163 (Adj. Sess.), § 22; 2009, No. 56, § 27; 2023, No. 53, § 14, eff. June 8, 2023.)

§ 1673 Prohibitions

(a) A person shall not alter, expand, or otherwise modify an existing public water system or public water source without a permit from the Secretary.

(b) A person shall not construct a new public water system or public water source or change an existing water system or source into a public water system or public water source without a permit from the Secretary.

(c) A person shall not operate a public water system or public water source without a permit from the Secretary.

(d) As of July 1, 1993, a person shall not operate a public water system unless the Secretary has certified the person as a public water system operator pursuant to this chapter.

(e) A person shall not operate or maintain a public water system or public water source in a manner that causes or allows that system or source to be at risk of damage or contamination.

(f) A person shall not sell imported or domestic containerized, bottled, or packaged drinking water in the State of Vermont unless:

(1) the water and the source and system of the imported water is regulated by drinking water standards or requirements substantially equivalent to or more stringent than standards or requirements established by the Secretary pursuant to subsection 1672(b) of this title and the importer of the water has presented certification of such standards;

(2) the water and the source and system of the domestic drinking water meet the standards or requirements established by the Secretary pursuant to subsection 1672(b) of this title; and

(3) the name, source, and the location of the bottler of spring, artesian, or municipal water are identified.

(Added 1991, No. 71, § 2; amended 1993, No. 47, § 2; 1999, No. 50, § 1; 1999, No. 63, § 4.)

§ 1674 Certification of water system operators

(a)(1) The Secretary shall by rule establish processes and criteria for:

(A) the classification of public water systems for the purpose of certifying operators; and

(B) the certification of persons qualified to operate specific classes of public water systems.

(2) The rules shall minimize the regulatory burden on smaller systems, to the extent allowable by State and federal law.

(b)(1) The Secretary may suspend or revoke a certificate granted under this section, after notice and opportunity to be heard, if the Secretary finds that the certificate holder has:

(A) submitted materially false or materially inaccurate information; or

(B) violated any material requirement, restriction, or condition of the certificate.

(2) The Secretary shall set forth what steps, if any, may be taken by the certificate holder to relieve the holder of the suspension or enable the certificate holder to reapply for certification if a previous certificate has been revoked.

(Added 1991, No. 71, § 2.)

§ 1675 Permits; conditions; duration; suspension of revocation

(a) Authority to issue, renew, or deny permit. The Secretary may issue, renew, or deny a public water system permit required by this chapter. As part of this authority, the Secretary may issue general operating permits for the operation of transient noncommunity water systems.

(b) Avoidance of public health hazard or risk. A public water system permit shall be issued or renewed only upon a finding by the Secretary, included in the permit, that operation of the system will comply with the standards adopted under this chapter and will not constitute a public health hazard or a significant public health risk.

(1) In making this finding for the issuance of a permit for a new public water source, the Secretary shall consider the probable effects of existing and likely future land use practices, including the effects of the uses of agricultural lands, that may affect the quantity or quality of the water associated with any proposed public water source, and whether such practices are likely to constitute a public health hazard relating to such source. The Secretary shall not issue a permit for a new public water source if he or she determines that such existing or likely future land use practices are likely to constitute such a public health hazard.

(2) In making this finding for the issuance of a permit for the addition of a new type of disinfectant, the Secretary shall, after consultation with the Department of Health, consider the likely effects on health from the use of the new type of disinfectant. The Secretary shall not issue a permit for a new or existing public water system if he or she determines that use of a new type of disinfectant will result in a health effect that is likely to constitute a public health hazard.

(c) Permit process; additional information. When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title. The Secretary may require the applicant to submit additional information that the Secretary considers necessary in order to support the findings required in subsection (b) of this section, and may refuse to grant a permit until the information is furnished and evaluated. The Secretary may also consult with the Commissioner of Health, as necessary, in making decisions regarding health issues raised by the application. The Commissioner’s response, if any, shall be part of the public record for the application.

(d) Permit conditions. Public water system permits issued under this chapter may include conditions that:

(1) require the construction, installation, operation, and maintenance of any purification, disinfection, or other water processing or treatment facility in accordance with standards and requirements established by the Secretary;

(2) require the person owning or controlling the system to adequately control and protect the public water source and source protection area;

(3) require that construction be in accordance with the Vermont standards for water system design and construction;

(4) require notification of the characteristics of the water provided by the system to the public by notice conforming with the requirements of the Federal Safe Drinking Water Act;

(5) limit the number of connections to the system;

(6) limit maximum and daily output of the system;

(7) require the development and submission to the Secretary of a long-range plan for expansion, capital improvements, and future service area;

(8) require the development, submission to the Secretary, and implementation of a water conservation plan in accordance with the policy established in section 1684 of this title;

(9) require the development and submission to the Secretary of a system-level business plan and comprehensive water supply plan to ensure system capacity in the long-term; and

(10) contain any additional conditions, requirements, schedules, or restrictions, or monitoring or testing programs that are deemed necessary to ensure compliance with this chapter and the rules adopted under this chapter.

(e) [Repealed.]

(f) Suspension or revocation of permits.

(1) The Secretary may, after notice and opportunity for hearing, revoke or suspend any permit issued pursuant to the authority under this title if the Secretary finds that:

(A) the permit holder submitted materially false or inaccurate information;

(B) the permit holder has violated any material requirement, restriction, or condition of this chapter; any rule adopted pursuant to this chapter; any permit or certification issued pursuant to this chapter; or any assurance of discontinuance or order relating to the provisions of this chapter or the rules adopted pursuant to this chapter; or

(C) there is a change in any condition that requires either a temporary or permanent restriction, limitation, or elimination of the permitted use.

(2) Revocation shall be effective upon actual notice thereof to the permit holder or permit holder’s designated agent.

(g) Source permits; bottled drinking water. Beginning on July 1, 2010, the Secretary shall not issue a source permit for a bottled drinking water supply unless, in addition to all other requirements for a source permit:

(1) the permit application contains the information required by subdivisions 1418(d)(4)-(7) of this title;

(2) the Secretary finds that considerations in subdivisions 1418(e)(1)-(3) and (6)-(8) of this title have been satisfied;

(3) the permit contains the permit conditions required by subsection (f) of this section; and

(4) the permit applicant complies with the notice requirements of subsection 1418(c) of this title.

(h) Renewal of operating permit; bottled drinking water. A public water system permitted after June 9, 2008 that bottles drinking water for public distribution and sale shall obtain from the Secretary a source water permit under subsection 1672(g) of this title upon renewal of its operating permit under this section and every 10 years thereafter.

(i) Operating permit; noncompliance. Notwithstanding the requirements of this subsection, the Secretary may issue an operating permit for an existing public water system that is unable to comply with the standards adopted under this chapter provided that:

(1) the operating permit contains a compliance schedule that is designed to achieve compliance with the applicable standards within a reasonable period of time based on the nature and extent of the applicable standards at issue;

(2) the Secretary finds that the continued operation of the public water system pursuant to the compliance schedule and associated permit conditions shall not present an unacceptable risk to public health; and

(3) the person who owns the public water system shall be responsible for informing all persons using the system of the nature and extent of the noncompliance with the applicable standards.

(Added 1991, No. 71, § 2; amended 1991, No. 256 (Adj. Sess.), § 23a, eff. June 9, 1992; 1997, No. 134 (Adj. Sess.), § 10; 2005, No. 15, § 2; 2005, No. 144 (Adj. Sess.), § 2; 2007, No. 133 (Adj. Sess.), § 1; 2007, No. 199 (Adj. Sess.), § 5, eff. June 9, 2008; 2011, No. 117 (Adj. Sess.), § 2; 2015, No. 150 (Adj. Sess.), § 23, eff. Jan. 1, 2018; 2019, No. 14, § 38, eff. April 30, 2019; 2023, No. 6, § 80, eff. July 1, 2023.)

§ 1675a Permitting exemption

(a) The requirements of this chapter and the rules adopted under this chapter, except the construction permitting requirements, shall not apply to a public water system that:

(1) Consists only of distribution and storage facilities and does not have any collection and treatment facilities;

(2) Obtains all of its water from, but is not owned or operated by, a public water system to which this chapter applies;

(3) Does not engage in the sale of water to any person. For purposes of this section and 30 V.S.A. § 203(3), a “sale” of water does not occur when:

(A) the rate charged to the consumer by the receiving water system is the same as the rate charged by the public water system for supplying water to the receiving water system; and

(B) the receiving water system follows the uniform water and sewer disconnect requirements of 24 V.S.A. chapter 129, except that 24 V.S.A. § 5147 shall not apply and appeals shall be governed by the Vermont Rules of Civil Procedure;

(4) Is not a carrier that conveys passengers in interstate commerce;

(5) Serves less than 500 persons; and

(6) Is served by a public water system that certifies to the Secretary that:

(A) the receiving public water system is responsible for the repair and maintenance of their own water system unless otherwise agreed to by the wholesale system; and

(B) the public water system supplying water to the receiving water system is responsible for:

(i) including the receiving public water system in its water quality sampling plans;

(ii) providing consumer confidence reports to the receiving system’s users; and

(iii) issuing public notice to the receiving system’s users if a violation of a drinking water contaminant standard exists or if the Secretary determines that a condition exists that may present a risk to public health.

(b) The water system supplying water to the receiving water system is responsible for the requirements contained in subdivision (a)(6)(B) of this section until 180 days after the water system supplying water to the receiving water system files a notice with the Secretary of Natural Resources and the receiving system of its intent to withdraw from any obligation made under subdivision (a)(6)(B) of this section.

(c) Notwithstanding the exemption contained in subsection (a) of this section, the Secretary of Natural Resources may take any reasonable steps that are necessary to abate a public health threat at a public water system that is otherwise exempt.

(Added 2007, No. 156 (Adj. Sess.), § 1.)

§ 1676 Repealed

[Repealed]

2011, No. 117 (Adj. Sess.), § 3.

§ 1676a Permits; systems affecting farms; liability for contamination

(a) The Secretary shall issue a permit for a new source for a public water system only after making the findings required by subsection 1675(b) of this title. In addition, if the Secretary finds there are agricultural lands in the area that are likely to affect the proposed source but not likely to constitute a public health hazard, the Secretary shall require the applicant to certify in the permit that the proposed source will be abandoned, replaced, or treated if it becomes contaminated by agricultural activities conducted on the agricultural lands.

(b) The Secretary may require the permittee to monitor the area around the permitted source to obtain knowledge of potential contaminants. If contamination occurs, the Secretary shall make a determination whether the permittee shall abandon the contaminated source and use an alternative source or, if use of an alternative source is not feasible, treat the contaminated source. If the source is treated, the Secretary shall find that it has been properly treated according to applicable drinking water standards and that continued use of the source will not adversely affect the health and safety of the public.

(c) An owner or lessee of agricultural lands who alleges that the agricultural lands are within the area of a proposed new public water source may appeal a decision of the Secretary pursuant to section 1680 of this title.

(d) An owner or lessee of agricultural lands shall not be liable for personal injury or property damage resulting from contamination of a permitted water source so long as the owner or lessee was utilizing required agricultural practices at the time the water source was contaminated and so long as the lands were agricultural at the time the permit was issued.

(e) Nothing in this section shall prohibit an applicant from negotiating an agreement with an owner of agricultural lands or from using authority granted in any other provision of law to secure rights to the property in question.

(Added 1991, No. 71, § 2; amended 2015, No. 64, § 13.)

§ 1677 Inspection and application for search warrants

Any health officer or municipal board of health is authorized:

(1) to inspect public water sources, public water systems, or public water source protection areas, pursuant to 18 V.S.A. § 107; and

(2) to apply for search warrants pursuant to 18 V.S.A. § 121.

(Added 1991, No. 71, § 2.)

§ 1678 Prohibition on use of lead pipes, solder, and flux

(a) No person shall use any pipe, solder, or flux in the installation or repair of any public water system, or in any plumbing providing drinking water that is connected to a public water system, unless it is lead free.

(b) For purposes of this section, the term “lead free” means:

(1) solders and flux containing not more than 0.2 percent lead;

(2) pipes and pipe fittings containing not more than 8.0 percent lead.

(c) Each public water system shall identify and provide notice in the manner required by the Secretary by rule to persons that may be affected by lead contamination of their drinking water where such contamination results from the following:

(1) the lead content in the construction materials of the public water system; or

(2) corrosivity of the public water source sufficient to cause leaching of lead.

(d) This section shall not apply to leaded joints necessary for the repair of cast iron pipes.

(Added 1991, No. 71, § 2.)

§ 1679 Public water source protection areas

(a) The Secretary shall, after review by the Groundwater Coordinating Committee established in subsection 1392(c) of this title, adopt rules for the protection of public water source protection areas. Rules adopted under this section may include:

(1) the duties of the Agency, other State agencies, consistent with their statutory mandates, local government entities, and owners of public water systems with respect to the development and implementation of programs to protect public water sources;

(2) procedures to determine the public water source protection area;

(3) procedures to identify within each public water source protection area all potential sources of contaminants that may have any adverse effect on the health of persons;

(4) a program that contains, as appropriate, technical assistance, financial assistance, implementation of control measures, education, training, and demonstration projects to protect the public water source within the public water source protection area; and

(5) contingency plans for the provision of alternate drinking water supplies for each public water system in the event of contamination or disruption.

(b) Rules adopted by the Secretary under subsection (a) of this section shall complement the classification requirements of chapter 48 of this title and the rules adopted under that chapter.

(c) Rules adopted by the Secretary under subsection (a) of this section shall include provisions for the identification of agricultural lands, as defined in 32 V.S.A. § 3752, within public water source protection areas and for ensuring that required agricultural practices on those lands are not unduly restricted by the development of the public water source protection area without the consent of the owner of those agricultural lands. Prior to the adoption of rules under this subsection, the Secretary shall consult with the Secretary of Agriculture, Food and Markets and, if possible, obtain concurrence of the Secretary of Agriculture, Food and Markets. If the Secretary of Agriculture, Food and Markets does not concur, the Secretary of Agriculture, Food and Markets shall state any objections in writing; and those objections shall be included by the Secretary in filing the final proposed rule with the Legislative Committee on Administrative Rules.

(d) When the Secretary proposes to designate a public water source protection area under the rules adopted pursuant to subsection (a) of this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(e) Rules, standards, and criteria adopted by the Secretary under subsection (a) of this section for the protection of public water sources shall allow for human activity within the watershed of a public water source, provided that such human activity does not constitute a public health hazard or a significant public health risk.

(Added 1991, No. 71, § 2; amended 1991, No. 256 (Adj. Sess.), § 23, eff. June 9, 1992; 1995, No. 189 (Adj. Sess.), § 4; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 64, § 13; 2015, No. 150 (Adj. Sess.), § 24, eff. Jan. 1, 2018.)

§ 1680 Appeals

Appeals of any act or decision of the Department under this subchapter shall be made in accordance with chapter 220 of this title.

(Added 1991, No. 71, § 2; amended 2003, No. 115 (Adj. Sess.), § 41, eff. Jan. 31, 2005.)

§ 1681 Criminal enforcement

(a) Any permit holder or person who violates a provision of this chapter or the rules adopted pursuant to this chapter, who fails or neglects to obey or comply with the terms of a permit issued under this chapter, or who fails or neglects to obey or comply with an assurance of discontinuance or order relating to this chapter or the rules adopted pursuant to this chapter shall be fined not more than $5,000.00. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day’s continuance shall be deemed a separate violation.

(b) Any permit holder or person who refuses to obey or comply with the terms of a permit issued under this chapter or who refuses to obey or comply with an assurance of discontinuance or order relating to this chapter or the rules adopted pursuant to this chapter shall be fined not more than $25,000.00 or be imprisoned not more than six months, or both. Each violation shall be a separate offense and, in the case of a continuing violation, each day’s continuance shall be deemed a separate violation.

(c) Any person who knowingly makes a false statement, representation, or certification as to any material fact in any application, record, report, plan, testing result, or other document filed or required to be maintained under this chapter, or who falsifies, tampers with, or knowingly renders inaccurate a testing device or method required to be maintained under this chapter or the rules adopted pursuant to this chapter, or any permit or certification issued pursuant to this chapter, or any assurance of discontinuance or order relating to the provisions of this chapter or the rules adopted pursuant to this chapter shall be fined not more than $10,000.00 or be imprisoned for not more than six months, or both.

(d) When a municipal corporation, as defined in 24 V.S.A. § 3301, acquires any existing public water source or existing public water system, as defined in subdivisions 1671(4) and (5) of this title, the Secretary shall establish, in a permit issued under this chapter, a compliance schedule that provides for reasonable time and effort for the municipal corporation to achieve compliance with this chapter for any deficiencies in the acquired source or system. If the municipal corporation remains in compliance with the terms of its permit, no cause of action or grounds for enforcement shall lie against the municipal corporation for violations due to the reasons giving rise to the compliance schedule.

(Added 1991, No. 71, § 2; amended 1993 No. 164 (Adj. Sess.). § 11; 2019, No. 14, § 39, eff. April 30, 2019.)

§ 1682 Private right of action

The provisions of 18 V.S.A. § 122 shall apply to this chapter.

(Added 1991, No. 71, § 2.)

§ 1683 Filtration requirements

(a) The Department of Environmental Conservation shall review each application for a construction grant to determine whether the project qualifies for an avoidance of filtration waiver under the surface water treatment rule and notify the applicant of the results of that review. The Department shall provide an opportunity for the applicant to submit information in support of an affirmative finding.

(b) The Department of Environmental Conservation shall grant waivers to requirements for water filtration and exemptions to public and private water systems as provided under the federal Safe Drinking Water Act, surface water rule, when a water system owner demonstrates that the water system has a proven record of delivering adequate quantities of clean and safe drinking water and that adequate protection of the surface water source is or may be assured.

(Added 1991, No. 256 (Adj. Sess.), § 22, eff. June 9, 1992; amended 1995, No. 189 (Adj. Sess.), § 5; 2003, No. 115 (Adj. Sess.), § 42, eff. Jan. 31, 2005; 2019, No. 14, § 40, eff. April 30, 2019.)

§ 1684 Conservation requirements

The General Assembly finds that water is a natural resource that should be managed efficiently to reduce waste through promotion of water conservation. It shall be the policy of the State to conserve the water resources of Vermont through technology, methods, and procedures designed to promote efficient use of water; to consider water conservation in all water use decisions; and to reduce or minimize the waste of water through water supply management practices.

(Added 1997, No. 134 (Adj. Sess.), § 11.)

§ 1685 Public water system capacity

The Secretary, by rule, shall establish standards and requirements for implementing a public water system capacity program for community water systems and nontransient, noncommunity water systems. The program shall place particular emphasis on addressing the problems and capital needs facing the State’s small, rural community water systems and public water systems operated by school districts. The program may include the following measures to improve public water system infrastructure and to provide safe drinking water to small community water systems and schools:

(1) source water protection programs;

(2) capital improvement planning;

(3) minimum design and construction standards;

(4) operation and management practices;

(5) development of a program to assess the capacity of public water systems in order to prevent formation of new systems lacking capacity; to assess existing system capacity; and to promote restructuring of systems lacking capacity; and

(6) to the extent it is consistent with federal law, preference in providing State financial and technical assistance to small systems whose water supply is contaminated or threatened by contamination or who fail to comply with State drinking water standards.

(Added 1997, No. 134 (Adj. Sess.), § 12.)

Chapter 57 Vermont Whey Pollution Abatement Authority Law

Subchapter 1 General Provisions

§§ 1701-1705 Repealed

[Repealed]

1995, No. 178 (Adj. Sess.), § 417(a), eff. May 22, 1996.

Subchapter 2 Establishment and Organization

§§ 1731-1737 Repealed

[Repealed]

1995, No. 178 (Adj. Sess.), § 417(a), eff. May 22, 1996.

Subchapter 3 Powers and Duties

§§ 1761-1766 Repealed

[Repealed]

1995, No. 178 (Adj. Sess.), § 417(a), eff. May 22, 1996.

Subchapter 4 Form and Nature of Bonds and Notes

§§ 1791-1794 Repealed

[Repealed]

1995, No. 178 (Adj. Sess.), § 417(a), eff. May 22, 1996.

Subchapter 5 Sale and Issuance of Bonds and Notes

§§ 1821-1830 Repealed

[Repealed]

1995, No. 178 (Adj. Sess.), § 417(a), eff. May 22, 1996.

Subchapter 6 Eminent Domain

§§ 1861-1865 Repealed

[Repealed]

1995, No. 178 (Adj. Sess.), § 417(a), eff. May 22, 1996.

Subchapter 7 Protection of Bond and Noteholders

§§ 1891-1894 Repealed

[Repealed]

1995, No. 178 (Adj. Sess.), § 417(a), eff. May 22, 1996.

Chapter 59 Underground and Aboveground Liquid Storage Tanks

Subchapter 1 Underground Storage Tank Regulation

§ 1921 Purpose

The ground and surface waters of the State are an essential and significant portion of the natural resources of the State historically protected by State programs. Significant contamination of these natural resources and hazard to the public health results from the failure of aboveground storage tanks and underground facilities for the storage and handling of petroleum liquids, related sludges, and other chemicals. It is the purpose of this chapter to prevent ground and surface water contamination from these facilities by authorizing the establishment of State standards and criteria for the design, installation, operation, maintenance, and monitoring of underground liquid storage facilities. It is the intent of this chapter to provide authority to the Secretary to enable the Secretary to operate a program consistent with or more stringent than that contained in Title VI of the Hazardous and Solid Waste Amendments of 1984.

(Added 1985, No. 66, § 1; amended 1997, No. 132 (Adj. Sess.), § 2, eff. April 23, 1998.)

§ 1922 Definitions

As used in this chapter:

(1) “Aboveground storage tank” means any tank, other than an underground storage tank, used to store any of the following petroleum products: gasoline, diesel, kerosene, used oil, or heating oil.

(2) “Agency” means the Agency of Natural Resources.

(3) “Operator” means any person in control of, or having responsibility for, the daily operation of the underground or aboveground storage tank.

(4) “Owner” means:

(A) in the case of any underground storage tank in use on July 1, 1985 or brought into use after that date, any person who owns an underground storage tank used for storage or dispensing of regulated substances;

(B) in the case of any underground storage tank in use before July 1, 1985 and no longer in use on that date, any person who owned such tank immediately before the discontinuance of its use;

(C) any person who owns an aboveground storage tank.

(5) “Person” means any individual, partnership, company, corporation, association, unincorporated association, joint venture, trust, municipality, the State of Vermont, or any agency, department, or subdivision of the State, federal agency, or any other legal or commercial entity.

(6) “Regulated substance” means all petroleum and toxic, corrosive, or other chemicals and related sludge included in the following:

(A) any substance defined in section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 but does not include any substance regulated as a hazardous waste under chapter 159 of this title;

(B) petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute);

(C) any other substance as designated by rule of the Secretary.

(7) “Release” means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank or aboveground storage tank into groundwater, surface water, or soils.

(8) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative.

(9) “Tank integrity demonstration” means a test or a series of tests or other appropriate procedures prescribed by the Secretary to ascertain the condition of an underground storage tank and its surroundings. A tank integrity demonstration may be performed only by a tank inspector licensed under this chapter and shall be completed upon submission of a report detailing the results of one or more approved tests and the Secretary’s approval of that report.

(10) “Underground storage tank” means any one or combination of tanks, including underground pipes connected to it or them, that is or has been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to it or them, is 10 percent or more beneath the surface of the ground. Provided, however, that the following are excluded from the definition of “underground storage tanks” established under this section:

(A) septic tanks and manure storage tanks;

(B) flow through process tanks permitted under chapter 47 of this title and tanks regulated by chapter 159 of this title;

(C) stormwater or wastewater collection systems;

(D) storage tanks situated in an underground area if the tank is upon or above the area floor;

(E) pipeline facilities regulated by the federal Natural Gas Pipeline Safety Act (49 U.S.C. App. 1671 et seq.), the Hazardous Liquid Pipeline Safety Act (49 U.S.C. App. 2001 et seq.) or an intrastate pipeline regulated under State laws similar to the foregoing;

(F) liquid petroleum gas storage tanks, used predominantly for the storage of propane, propylene, butane, and butylenes, regulated by the Vermont Fire Prevention and Building Code.

(11) “Category one tank” means an underground storage tank, except for the following:

(A) fuel oil storage tanks used for on-premises heating purposes,

(B) farm or residential tanks for storing motor fuel.

(12) “Bodily injury” means bodily injury, including sickness, disease, or death, sustained by any person.

(13) “Property damage” means:

(A) physical damage to tangible property including all resulting loss of use of that property; or

(B) loss of use of tangible property that is not physically damaged.

(14) “Bulk storage tank” means any aboveground petroleum storage tank at a facility required to have a Spill Prevention Control and Countermeasure (SPCC) Plan pursuant to 40 C.F.R. § 112.

(15) “Public building” shall have the same meaning as defined in 20 V.S.A. § 2730.

(16) “Acceptable piping” means:

(A) double-wall pressurized piping; or

(B) single-wall piping that operates under suction, is pitched evenly uphill from the tank top, and has only one check valve that is located at the dispenser, fuel burner, generator, or other piping termination point.

(17) “Double-wall tank system” means an underground storage tank system consisting of a double-wall tank and acceptable piping.

(18) “Combination tank system” means an underground storage tank system consisting of a single-wall tank and acceptable piping.

(19) “Single-wall tank system” means an underground storage tank system consisting of a single-wall tank and single-wall pressurized piping.

(20) “Petroleum Cleanup Fund” or “Fund” means the fund created by section 1941 of this title.

(21) “Motor Fuel Account” means the Motor Fuel Account of the Fund created by section 1941 of this title.

(22) “Heating Fuel Account” means the Heating Fuel Account of the Fund created by section 1941 of this title.

(Added 1985, No. 66, § 1; amended 1987, No. 76, § 18; 1987, No. 282 (Adj. Sess.), §§ 7, 7a; 1989, No. 110, §§ 1, 2, eff. June 20, 1989; 1991, No. 85, § 1; 1995, No. 57, § 2; 1997, No. 132 (Adj. Sess.), § 3, eff. April 23, 1998; 2003, No. 153 (Adj. Sess.), § 4; 2009, No. 22, § 1; 2009 No. 3 (Sp. Sess.), § 19; 2011, No. 161 (Adj. Sess.), § 2; 2013, No. 55, § 1, eff. May 30, 2013.)

§ 1923 Notice of new or existing underground storage tank

(a) New tanks. When an underground storage tank is installed or entered into service after June 30, 1985, the owner shall notify the Secretary of the existence of that tank.

(b) Tanks in service on June 30, 1985. Before April 1, 1986, any person who on June 30, 1985 owns an underground storage tank currently in use shall notify the Secretary of the existence of that tank.

(c) Tanks no longer in service. Any person who knowingly owned or used an underground storage tank after January 1, 1974, and who does not have knowledge that the tank has been closed in accordance with tank closure requirements prescribed by the rules, shall make a one-time notification to the Secretary regarding the existence of that tank. No person is required under this section to report a tank that has been reported under subsection (b) of this section.

(d) Notices. Notices under this section shall be in the form and manner prescribed by the Secretary.

(1) All notices shall include at least the following information, to the extent known by the person reporting:

(A) the tank’s size, type, and location; and

(B) the type and quantity of substance, if any, stored in it.

(2) Notices for tanks that are no longer in operation shall also include the following information, to the extent known by the person reporting:

(A) the date the tank was taken out of operation; and

(B) the age of the tank at that time.

(e) Applicability. Notices under this section and section 1925 of this title shall apply to any underground storage tank, except for: farm or residential tanks of equal to or less than 1,100 gallons capacity that are used for storing motor fuel for noncommercial purposes; and heating oil tanks used for on-premises heating purposes that are less than or equal to 1,100 gallons capacity.

(Added 1985, No. 66, § 1; amended 1991, No. 85, § 2; 1997, No. 132 (Adj. Sess.), § 4, eff. April 23, 1998.)

§ 1924 Integrity report

The owner or operator of an underground storage tank may be ordered by the Secretary to complete a tank integrity demonstration in the following circumstances:

(1) when the Secretary has reason to suspect there is or has been a release, or

(2) when in the Secretary’s opinion the age, operation, or conditions surrounding the installation, or any combination of the above, so warrant.

(Added 1985, No. 66, § 1.)

§ 1925 Notice in land records

In order to make the information available to future purchasers, tank owners shall record the existence and location of underground storage tanks in local land records. The Secretary shall establish by rule the information to be recorded and the manner of recording.

(Added 1985, No. 66, § 1.)

§ 1926 Unused and abandoned tanks

(a) Any underground storage tank that does not meet new construction standards as prescribed by the rules, and that has not been used for a period of one year shall be closed in accordance with tank closure requirements prescribed by the rules. Any underground storage tank that has not been used for a period of one year may be closed in accordance with tank closure requirements prescribed by rules adopted under this chapter.

(b) The responsibility for the closure of an underground storage tank shall rest with:

(1) the person who owned the tank immediately before its use was discontinued; and

(2) any subsequent purchaser of the tank or the property on which the tank is located, if the purchaser knew or had reason to know of the existence of the tank prior to the purchase.

(c) The person identified in subdivision (b)(2) of this section shall have the primary responsibility for closure, except that a secured lender who acquires record title to the property on which the tank is located, through or incident to foreclosure, shall not have responsibility under this section, provided that the secured lender discloses in writing the presence of the unused underground tank or tanks to the subsequent buyer, and, within 30 days of the date the secured lender becomes record title holder of the property, the secured lender takes all of the following actions:

(1) the contents of the tank or tanks are removed such that less than one inch or 0.3 percent by weight of the tank’s capacity remains in the tank;

(2) all fill pipes, gauge openings, manways, and other openings are secured to prevent infiltration from rainwater, surface runoff, and accidental deliveries; and

(3) the vent line is left open and functioning and is secured to prevent infiltration from rainwater and debris.

(d) If the persons described in subdivisions (b)(1) and (2) of this section are unknown or cannot be contacted, or if the person owning the land on which the tank is located does not allow access to the tank, the person owning the land on which the tank is located, upon direction of the Secretary, shall close the tank. If the following conditions are met, the Secretary shall draw upon the Petroleum Cleanup Fund established by section 1941 of this title in order to reimburse the person owning the land for the reasonable costs of that action and the Secretary shall not seek repayment to the Fund from the person owning the land:

(1) the person owning the land can establish that after making a diligent and appropriate investigation he or she had no knowledge or reason to know of the existence of an underground storage tank; and

(2) the person owning the land has given all reasonable assistance in the closing of the tank; and

(3) the person owning the land is directed in writing by the Secretary to close the tank, and does so.

(Added 1985, No. 66, § 1; amended 1987, No. 282 (Adj. Sess.), § 20; 1995, No. 57, § 1; 1997, No. 132 (Adj. Sess.), § 5, eff. April 23, 1998; 2009, No. 22, § 2.)

§ 1927 Regulation of category one tanks

(a) After June 30, 1986, no owner or operator shall operate or maintain a category one tank without first having obtained a permit from the Secretary. Application for a permit shall be made on a form prescribed by the Secretary. Permits issued by the Secretary shall not exceed five years.

(b) A permit for an underground storage tank shall specify:

(1) that new tanks be cathodically protected or be constructed of a noncorrosive material or be constructed of steel clad with noncorrosive material;

(2) standards for design of new tanks that shall ensure a technology and provide a level of protection that is at least equivalent to that provided by double wall tanks which may be monitored from the surface. The Secretary, by rule, may determine that in specific circumstances these standards are not necessary to protect the environment and the public health;

(3) installation and compatibility requirements;

(4) leak detection and monitoring requirements, including at least one of the following: the maintenance of inventory, leak detection, or monitoring records;

(5) reporting requirements;

(6) requirements for maintaining evidence of financial responsibility for corrective action, including compensating third parties, except for tanks used to store a hazardous substance defined in subdivision 1922(6)(A) of this title, unless that financial responsibility is required by federal law;

(7) requirements for taking corrective action in response to releases;

(8) requirements for reporting releases and corrective action taken and its effectiveness;

(9) requirements for tank closure as prescribed by the rules;

(10) requirements for the upgrade or closure of tanks by December 22, 1998 that do not meet standards adopted to prevent releases due to corrosion, and spills or overfills; and

(11) other requirements necessary to carry out the purposes indicated in section 1921 of this title.

(c) If inventory records are not properly maintained, the Secretary may require that a tank integrity demonstration be completed.

(d) No person shall deliver a regulated substance to a category one tank that is visibly designated by the Agency as not meeting standards adopted by the Secretary related to corrosion protection, spill prevention, leak detection, financial responsibility, or overfill protection.

(e) The following tank systems shall be closed in accordance with rules adopted by the Secretary:

(1) not later than January 1, 2016, single-wall tank systems; and

(2) not later than January 1, 2018, combination tank systems, except that combination tank systems in which the tank has been lined shall be closed by January 1, 2018 or by 10 years from the date by which the tank was lined, whichever is later.

(f) A tank owner may petition the Secretary to allow a lined combination tank system to remain in service an additional five years beyond the date established in subdivision (e)(2) of this section. The Secretary may grant the petition upon a determination that:

(1) no release has occurred from the tank system;

(2) the tank system has passed an inspection for lined tank systems adopted by the Secretary by rule; and

(3) no repairs are suggested or needed to the tank liner.

(g) On and after May 30, 2013, a person shall not line a single-wall or combination tank system, unless the single-wall or combination system meets standards for new lined systems adopted by procedure by the Secretary. At a minimum, these standards shall address the tank system’s piping, secondary containment for all portions of the system except the tank, leak detection, liquid tight containment sumps on the tank top, and liquid tight dispenser sumps.

(h) Notwithstanding the provisions of subsection (g) of this section, a person shall not line a single-wall or combination tank system after January 1, 2014.

(Added 1985, No. 66, § 1; amended 1987, No. 76, § 9; 1987, No. 282 (Adj. Sess.), § 8; 1989, No. 110, § 3, eff. June 20, 1989; 1991, No. 85, § 5; 1997, No. 132 (Adj. Sess.), § 6, eff. April 23, 1998; 2007, No. 18, § 1; 2013, No. 55, § 2, eff. May 30, 2013; 2019, No. 14, § 41, eff. April 30, 2019.)

§ 1928 Regulation of farm and residential large motor fuel tanks

The Secretary shall establish rules for the new installation of or reentry into service of farm and residential underground storage tanks of greater than 1,100 gallons that are or have been used for storing motor fuel for noncommercial purposes. These rules shall establish registration requirements and requirements that address tank condition, composition, size, type, compatibility, and method of installation. No person shall install or reenter into service such a tank after the effective date of these rules without complying with these rules. The Secretary also shall adopt rules that establish requirements for any monitoring or leak detection system or inventory control system or tank testing system deemed appropriate and maintaining records thereof. The rules also shall establish requirements for reporting of any releases and taking corrective action, requirements for tank closure and evidence of financial responsibility, and requirements for the upgrade or closure of tanks by December 22, 1998 that do not meet standards adopted to prevent releases due to corrosion, and spills or overfills. These rules for new and existing tanks shall take into account the unique schedule of home and farm use. Inventory control measures shall be appropriate to these uses. After December 22, 1998, no person shall deliver a regulated substance to a farm or residential tank regulated under this section if that tank is not visibly designated on the premises in a manner prescribed by the Agency as meeting standards adopted to prevent releases due to corrosion, spills, or overfills.

(Added 1985, No. 66, § 1; amended 1987, No. 282 (Adj. Sess.), § 9; 1989, No. 110, § 4, eff. June 20, 1989; 1997, No. 132 (Adj. Sess.), § 7, eff. April 23, 1998.)

§ 1929 Regulation of large heating oil tanks

The Secretary shall establish tank registration requirements for underground storage tanks of greater than 1,100 gallons that are or have been used to contain fuel oil for on-premises heating purposes.

(Added 1985, No. 66, § 1.)

§ 1929a Standards for aboveground storage tanks

(a) On or before December 31, 2011, the Secretary shall adopt rules addressing the design and proper installation of aboveground storage tanks.

(b) After January 1, 2012, no person shall offer for sale, install, or substantially improve an aboveground storage tank that does not meet the standards adopted by the Secretary under subsection (a) of this section.

(c) On or before July 1, 2017, the Secretary shall adopt rules for the inspection of aboveground storage tanks. The rules shall include, at a minimum, the following:

(1) when installation of secondary containment systems for types of aboveground storage tanks is required, the required specifications of the systems, and the process for installation of the systems;

(2) the protocol to be followed and the criteria to be reviewed in the performance of inspections required under this section, including:

(A) the appropriate methods to document the age of tanks installed on or after July 1, 2017;

(B) the frequency of required tank inspections;

(C) requirements for the tagging or marking of tanks and tank fill pipes when tanks are determined to be noncompliant with the requirements of this section or the rules adopted by the Secretary under this section;

(3) an updated checklist to be used in the performance of inspections required under this section or the rules adopted by the Secretary under this section;

(4) training and certification requirements for tank inspectors;

(5) the protocol to address tanks identified as noncompliant with the inspection criteria established by the rules adopted by the Secretary under this section; and

(6) requirements for the reuse of an aboveground storage tank removed under the requirement of subsection (g) of this section.

(d) A fuel supplier shall inspect an aboveground storage tank in accordance with the requirements of this chapter and the rules adopted by the Secretary pursuant to subsection (c) of this section.

(e) The Secretary shall maintain a database of tanks that have been determined to be noncompliant with the requirements of this section or the rules adopted by the Secretary pursuant to subsection (c) of this section. The database shall be accessible to the public.

(f) No person shall deliver heating fuel to an aboveground storage tank that has been visibly designated as noncompliant with the requirements of this chapter.

(g) If the owner of any aboveground storage tank that serves a structure converts the type of fuel used for the structure from fuel oil or kerosene to natural gas so that the structure is no longer served for any purpose by the aboveground storage tank, the owner shall have the aboveground storage tank used to store fuel oil or kerosene and any fill pipes removed at the same time as the conversion. As used in this subsection, “structure” means any assembly of materials that is intended for occupancy or use by a person and that has at least three walls and a roof.

(Added 2007, No. 18, § 2; amended 2015, No. 76 (Adj. Sess.), § 1.)

§ 1929b Regulation of heating oil tanks at public buildings

The Secretary shall establish tank registration requirements for underground storage tanks equal to or less than 1,100 gallons that are or have been used to contain fuel oil for on-premises heating purposes at a public building.

(Added 2009, No. 22, § 3.)

§ 1930 Implementation; coordination

(a) Rulemaking standards. To the extent compatible with this chapter, in establishing rules and standards, the Secretary may distinguish between types, classes, and ages of underground storage tanks. In making such distinctions the Secretary may take into consideration factors including location of tanks, soil and climate considerations, uses of the tanks, history of maintenance, age, current industry recommended practices, national codes, hydrogeology, water table, size of tanks, volume of use, technical capability of owners and operators, and compatibility of the regulated substance and materials of fabrication. The distinctions may also take into consideration the location of storage tanks in relation to recharge areas for community type water supply wells. Where appropriate, the Secretary may designate whether the owner or the operator is responsible for monitoring a particular tank. The Secretary shall ensure that standards established with respect to financial responsibility shall bear a reasonable relation to the risk associated with a regulated substance release. Financial responsibility may be established by any one or a combination of the following: insurance, guarantee, surety bond, letter of credit, or qualification as a self-insurer. The Secretary may suspend enforcement of the financial responsibility requirements for a particular class or category of underground storage tanks if the Secretary makes a determination that methods of financial responsibility are not generally available for underground storage tanks in that class or category. The suspension shall extend for a period not to exceed 180 days and may be extended for additional 180 day periods by further determination by the Secretary that the need continues to exist and that progress is being made as required by federal law or regulation (section 9003 of the federal Solid Waste Disposal Act).

(b) Advisory committee. The Secretary shall select an advisory committee from among groups representing municipal, environmental, business, and industry interests. The Secretary shall consult with the advisory committee in preparing rules under this chapter.

(c) Coordination with other departments. Nothing in this chapter is intended to interfere with the authorities of the Department of Health or the Department of Labor or the Agency of Agriculture, Food and Markets. The Secretary shall work cooperatively with the Commissioner of Health, Labor and Industry, and the Secretary of Agriculture, Food and Markets in the Secretary’s development of procedures and rules to carry out the intent of this chapter.

(Added 1985, No. 66, § 1; amended 1987, No. 85, § 4, eff. June 9, 1987; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)

§ 1931 Inspections; right of entry; information

For the purposes of developing or enforcing any rule, regulation, standard, permit, or order authorized by this chapter, the Secretary, or the Secretary’s authorized representative, may request and any permittee or owner or operator shall conduct monitoring or testing of tanks, associated equipment, contents, or surrounding soils, air, surface water, or groundwater and shall furnish information relating to tanks, associated equipment, and tank contents, and any duly authorized representative of the Secretary may upon presentation of appropriate credentials at any reasonable time:

(1) enter any property where underground storage tanks are located;

(2) inspect and obtain samples;

(3) inspect and copy records, reports, information, or test results relating to the purposes of this chapter;

(4) conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water, or groundwater;

(5) conduct corrective action;

(6) upon refusal of entry by a permittee or owner or operator for inspection, sampling, monitoring or testing, corrective action, or copying pursuant to this section, the Secretary or the duly authorized representative may apply for and obtain an entry order or subpoena, or both, to allow such entry, inspection, sampling, monitoring or testing, corrective action, or copying from the District or Superior Court in whose jurisdiction the property is located. An entry order or subpoena, or both, shall issue upon a showing that:

(A) there is probable cause to believe an underground storage tank is located on the property;

(B) entry onto the property has been requested; and

(C) entry has been denied.

(Added 1985, No. 66, § 1; amended 1987, No. 282 (Adj. Sess.), § 10; 1989, No. 110, § 5, eff. June 20, 1989.)

§ 1932 Orders

Upon receiving information that the operation, maintenance, or condition of an underground storage tank or the surrounding environs may present a threat or a hazard to the health of persons or to the environment, or may present an actual or threatened violation of any provision of this chapter, the Secretary may issue to the owner or operator an order establishing reasonable and proper methods for the control of the activity, tank closure, removal of contaminated materials, and the management of substances in the tank or the surrounding environs in order to reduce or eliminate the hazard or the violation. Orders of the Secretary may include requiring the owner to undertake investigations on properties of the owner.

(Added 1985, No. 66, § 1; amended 1987, No. 282 (Adj. Sess.), § 11.)

§ 1933 Appeals

Appeals of any act or decision of the Department under this subchapter shall be made in accordance with chapter 220 of this title.

(Added 1985, No. 66, § 1; amended 1995, No. 57, § 3; 2003, No. 115 (Adj. Sess.), § 43, eff. Jan. 31, 2005.)

§ 1934 Enforcement

(a) Notwithstanding any other provisions or procedure set forth in this chapter, if the Secretary finds that a person is in violation of this chapter or has failed to comply with any provisions of any order, standard, rule, or permit issued in accordance with this chapter, he or she may bring suit in the Superior Court in any county where the noncompliance has occurred to enjoin the act and to obtain compliance. The suit shall be brought by the Attorney General or the appropriate State’s Attorney in the name of the State for injunctive relief or for the imposition of penalties and fines as provided in section 1935 of this title. The court may issue a temporary injunction or order in such proceedings and may exercise all plenary powers available to it in addition to the power to:

(1) enjoin further releases;

(2) order design, construction, installation, or operation of alternate facilities;

(3) order the removal of facilities, contaminated soils and the restoration of the environment;

(4) fix and order compensation for any public or private property destroyed, damaged, or injured;

(5) assess and award punitive damages;

(6) order reimbursement to any agency of federal, State, or local government from any person whose acts caused governmental expenditures under section 1283 of this title, or under subdivision 1941(b)(3) or (7) of this title and in accordance with the provisions of subsection 1941(f) of this title.

(b) In addition to the remedies described in subsection (a) of this section, if the Secretary finds that a person has installed, removed, repaired, or tested an underground storage tank in violation of this chapter or the rules adopted under this chapter, the person who installed, removed, repaired, or tested the tank may be subject to penalties and required to take all actions necessary to correct the violation in accordance with the provisions of chapters 201 and 211 of this title.

(Added 1985, No. 66, § 1; amended 1989, No. 110, § 6, eff. June 20, 1989; 1997, No. 12, § 1.)

§ 1935 Penalties

(a) Criminal penalty. Any person who knowingly or intentionally violates any provision of this chapter or the rules promulgated herein, or any permits or any order standards issued in accordance with this chapter shall be subject to a criminal penalty not to exceed $25,000 or imprisonment for not more than six months, or both.

(b) Civil penalty. Any person who violates any provision of this chapter, the rules adopted pursuant to this chapter, or the terms and conditions of any order or permit issued by the Secretary, shall be subject to a civil penalty not to exceed $10,000.00 per storage tank.

(c) Violations. Each violation may be a separate and distinct offense and in the case of a continuing violation, each day’s continuance of the violation may be deemed a separate and distinct offense.

(Added 1985, No. 66, § 1; amended 1989, No. 110, § 7, eff. June 20, 1989; 2019, No. 14, § 42, eff. April 30, 2019; 2021, No. 20, § 48.)

§ 1936 Licensure of tank inspectors

(a) The Secretary may establish a process for licensing persons to perform tank integrity demonstrations, as provided by this section. Under that process, the Secretary shall charge a fee, in accordance with 3 V.S.A. § 2822. The Secretary shall license persons who demonstrate to the satisfaction of the Secretary that they possess the ability to perform tank integrity demonstrations. This demonstration of ability may consist of written and field examinations and may establish different types of licenses for different types of demonstrations. No person shall be required to obtain a license in order to carry out duties as a State employee.

(b) After offering opportunity for hearing before the Secretary or a hearing officer, the Secretary may revoke the license of any tank inspector who has committed fraud or deceit in obtaining licensure or submitting an application or who has demonstrated gross negligence or incompetence in performing a tank integrity demonstration or in other work relating to a tank integrity demonstration.

(Added 1985, No. 66, § 1; amended 1987, No. 76, § 7; 1991, No. 85, § 3.)

Subchapter 2 Underground Storage Tank Assistance Program

§ 1938 Underground Storage Tank Trust Fund

There is hereby created in the State Treasury a fund to be known as the Underground Storage Tank Trust Fund, to be expended by the Secretary of Natural Resources as allowed by federal law. The Secretary may accept and use funds available through the federal underground storage tank trust fund for those purposes. All balances in the Fund at the end of any fiscal year shall be carried forward and remain a part of the fund. Interest earned by the Fund shall be deposited into the Fund. The Secretary may seek reimbursement of the funds expended. Funds recovered shall be deposited as required by federal regulations. Disbursements from the Fund shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management.

(Added 1987, No. 85, § 2, eff. June 9, 1987; amended 1987, No. 76, § 18.)

§ 1939 Risk retention pool

The owners and operators of underground storage tanks may obtain the advice of the Commissioner of Financial Regulation, and may establish an insurance pool. The Commissioner shall adopt rules to assist in the formation of such pools and to expedite approval of any plan of operation. The Commissioner shall also adopt rules relating to the administration and operation of such pools in order to provide for the fiscal integrity of agreements entered into and to provide that trade, market, and claim practices engaged in are equitable, fair, and consistent. The establishment of such a pool shall conform to all requirements of the Commissioner of Financial Regulation and applicable State and federal laws, rules, and regulation.

(Added 1987, No. 85, § 2, eff. June 9, 1987; amended 1989, No. 225 (Adj. Sess.), § 25; 1995, No. 180 (Adj. Sess.), § 38(a); 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012.)

§ 1940 Underground storage tank incentive program

(a) The owners of a retail gasoline outlet that sells less than 20,000 gallons of gasoline per month and that desire assistance to replace underground storage tanks in compliance with this chapter, and municipalities with a population of less than 2,500 people may apply to the Secretary for such assistance. The financial assistance may be in the form of grants of up to $5,000.00 or the cost of complying with the requirements of this chapter, whichever is less.

(b) The application shall be supported by information covering:

(1) proof of tank ownership;

(2) an estimated cost of tank replacement;

(3) the amount and type of assistance requested;

(4) a tank replacement schedule;

(5) in the case of gasoline stations, the monthly volume of gasoline sales for the previous 12 months;

(6) such other information and assurances as the Secretary may require.

(c) In cases of applications from the owners of retail gasoline outlets, priority shall be given to those applicants from areas with a low density of retail gasoline outlets and for whom the expense of tank replacement is likely to cause termination of retail gasoline services.

(d) Assistance in accordance with this section shall be provided from funds authorized for this purpose from the oil overcharge funds.

(Added 1987, No. 85, § 2, eff. June 9, 1987.)

§ 1941 Petroleum Cleanup Fund

(a) A fund to be known as the Petroleum Cleanup Fund is created in the State Treasury, to be expended by the Secretary of Natural Resources. The Fund shall consist of licensing fees and petroleum tank fees assessed under the provisions of this chapter, loan repayments, and disbursements that have been recovered, except for underground storage tank permit fees and licensing fees for tank inspectors. The Fund shall have two accounts: the Motor Fuel Account and the Heating Fuel Account. The Motor Fuel Account shall consist of all monies deposited into the Fund, with the exception of the licensing fees for heating oil and kerosene described in section 1942 of this title. The Heating Fuel Account shall consist of all the monies deposited into the Fund from the licensing fees for heating oil and kerosene sold or used in the State. All balances in the Fund at the end of any fiscal year shall be carried forward and remain a part of the Fund. The Secretary may transfer money, in each fiscal year, between the accounts, provided that the transfer is approved by the advisory committee established under subsection (e) of this section and does not exceed $750,000.00. Interest earned by the Fund shall be deposited into the Fund. Disbursements from the Fund shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management. The Secretary shall seek to recover from responsible parties costs incurred under subdivision (b)(8) of this section.

(b) The Secretary may authorize disbursements from the Fund for the purpose of the cleanup and restoration of contaminated soil and groundwater caused by releases of petroleum, including aviation gasoline, from underground storage tanks and aboveground storage tanks, including air emissions for remedial actions, and for compensation of third parties for injury and damage caused by a release. This Fund shall be used for no other governmental purposes, nor shall any portion of the Fund ever be available to borrow from by any branch of government; it being the intent of the General Assembly that this Fund and its increments shall remain intact and inviolate for the purposes set out in this chapter. Disbursements under this section may be made only for uninsured costs incurred after January 1, 1987 and for which a claim is made prior to July 1, 2029 and judged to be in conformance with prevailing industry rates. This includes:

(1) Costs incurred by taking corrective action as directed by the Secretary for any release of petroleum into the environment from:

(A) An underground storage tank defined as a category one tank used for commercial purposes, provided disbursements on any site shall not exceed $1,240,000.00 and shall be made from the Motor Fuel Account, as follows:

(i) after the first $10,000.00 of the cleanup costs have been borne by the owners or operators of double-wall tank systems or single-wall tank systems that were either taken out of service or abandoned prior to July 1, 1985; and

(ii) after the first $25,000.00 of cleanup costs have been borne by the owners or operators of lined combination tank systems that have been granted a five-year extension to operate under subsection 1927(f) of this title;

(B) An underground motor fuel tank used for farming or residential purposes either after the first $250.00 of the cleanup costs have been borne by the owners or operators of tanks with a capacity equal to or less than 1,100 gallons, or after the first $1,000.00 of the cleanup costs have been borne by the owners or operators of tanks with capacities over 1,100 gallons. Disbursements on any site shall not exceed $1,000,000.00 and shall be made from the Motor Fuel Account.

(C) An underground heating fuel tank used for on-premises heating after the first $10,000.00 of the cleanup costs have been borne by the owners or operators of tanks with capacities over 1,100 gallons used for commercial purposes, or after the first $250.00 of the cleanup costs have been borne by the owners or operators of tanks with capacities equal to or less than 1,100 gallons used for commercial purposes, or after the first $250.00 of the cleanup costs have been borne by the owners or operators of residential and farm tanks. Disbursements on any site shall not exceed $1,000,000.00 and shall be made from the Heating Fuel Account.

(D) An aboveground storage tank site after the first $1,000.00 of the cleanup costs have been borne by the owners or operators of tanks used for commercial purposes, or after the first $250.00 of the cleanup costs have been borne by the owners or operators of residential and farm tanks. Disbursements under this subdivision (b)(1)(D) on any individual site shall not exceed $50,000.00. These disbursements shall be made from the Motor Fuel Account or Heating Fuel Account, depending upon the use or contents of the tank.

(E) A bulk storage aboveground motor fuel or heating fuel storage tank site after the first $10,000.00 of the cleanup costs have been borne by the owners or operators of tanks used for commercial purposes. Disbursements under this subdivision (b)(1)(E) on any individual site shall not exceed $1,000,000.00. These disbursements shall be made from the Motor Fuel Account.

(F) If a site is contaminated by petroleum releases from both heating fuel and motor fuel tanks, or where the source of the petroleum contamination has not been ascertained, the Secretary shall have the discretion to disburse funds from either the Heating Fuel or Motor Fuel Account, or both.

(2) Costs incurred in compensating third parties for bodily injury and property damage, as approved by the Secretary in consultation with the Commissioner of Financial Regulation, caused by release of petroleum from an underground category one storage tank into the environment from a site, up to $1 million, but shall not include payment of any punitive damages.

(3) Costs incurred in taking immediate corrective action to contain or mitigate the effects of any release of petroleum into the environment from an underground storage tank or aboveground storage tank if, in the judgment of the Secretary, such action is necessary to protect the public health and the environment. The Secretary may seek reimbursement of the first $10,000.00 of the costs.

(4) The cost of corrective action up to $1 million for any release of petroleum into the environment from an underground storage tank or tanks:

(A) whose owner, in the judgment of the Secretary, is incapable of carrying out the corrective action;

(B) whose owner or operator cannot be determined; or

(C) [Repealed.]

(D) whose owner, in the judgment of the Secretary, is financially incapable of carrying out the corrective action in a timely manner.

(5) [Repealed.]

(6) The costs of creating and operating a risk retention pool authorized by section 1939 of this title, which costs are in excess of a reasonable contribution by participants, as determined by the Secretary with the advice of the Commissioner of Financial Regulation. The authority for disbursements under this subdivision shall terminate on June 1, 1992.

(7) Administrative and field supervision costs incurred by the Secretary in carrying out the provisions of this subchapter. Annual disbursements shall not exceed 10 percent of annual receipts.

(8) [Repealed.]

(c) The Secretary may authorize disbursements from the Fund for costs of initiating spill control procedures, removal actions, and remedial actions to clean up spills of oil and other petroleum products where the responsible party is unknown, cannot be contacted, is unwilling to take action, or does not take timely action that the Secretary considers necessary. The Secretary may seek reimbursement of the costs, including any costs determined to be covered by insurance.

(d) The Secretary may use up to one-half the amount deposited to the Motor Fuel Account of the Fund from the licensing fees assessed under section 1942 of this title to capitalize the Underground Motor Fuel Storage Tank Loan Assistance Program established by section 1944 of this title and the cost of administering the Program. If the Secretary determines that a balance will remain after all qualifying loan applications have been satisfied, the unneeded balance may be used for cleanup. The Secretary may use the amount in the Heating Fuel Account of the Fund for purposes of funding measures related to heating oil and kerosene.

(e) Disbursements from the Fund for cleanup costs incurred prior to passage shall be limited to uninsured costs.

(f) The Secretary shall establish the Petroleum Cleanup Fund Advisory Committee that shall meet not less than annually to review receipts and disbursements from the Fund, to evaluate the effectiveness of the Fund in meeting its purposes and the reasonableness of the cost of cleanup and to recommend alterations and statutory amendments deemed appropriate. The Advisory Committee shall submit an annual report of its findings to the General Assembly on January 15 of each year. In its annual report, the Advisory Committee shall review the financial stability of the Fund, evaluate the implementation of assistance related to underground farm or residential heating fuel storage tanks and aboveground storage tanks, and the need for continuing assistance, and shall include recommendations for sustainable funding sources to finance the provision of that assistance. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. The membership of the Committee shall include the following or their designated representative:

(1) the Secretary of Natural Resources, who shall be chair;

(2) the Commissioner of Environmental Conservation;

(3) the Commissioner of Financial Regulation;

(4) a licensed gasoline distributor;

(5) a retail gasoline dealer;

(6) a representative of a statewide refining-marketing petroleum association;

(7) one member of the House to be appointed by the Speaker of the House;

(8) one member of the Senate to be appointed by the Committee on Committees;

(9) a licensed heating fuel dealer;

(10) a representative of a statewide heating fuel dealers’ association; and

(11) a licensed real estate broker.

(g) The Secretary may seek reimbursement to the Fund of cleanup expenditures only when the owner of the tank is in significant violation of the owner’s permit or rules, or when a required fee has not been paid for the tank from which the release occurred or, to the extent covered, when there is insurance coverage. When the Secretary has paid the first $10,000.00 of costs under subdivision (b)(4)(D) of this section, the Secretary may seek reimbursement of those costs.

(h) The owner of a farm or residential heating fuel storage tank used for on-premises heating or an underground or aboveground heating fuel storage tank used for on-premises heating by a mobile home park resident, as defined in section 6201 of this title, who desires assistance to close, replace, or upgrade the tank or replace their heating fuel system with advanced wood heat or a heat pump may apply to the Secretary for such assistance. The financial assistance may be in the form of grants of up to $3,000.00 or the costs of closure, replacement, or upgrade, whichever is less, for an aboveground storage tank located inside a structure; up to $4,000.00 or the costs of closure, replacement, or upgrade, whichever is less, for an aboveground storage tank located outside a structure; up to $5,000.00 or the costs of closure, replacement, or upgrade, whichever is less, for an underground storage tank; and up to $4,000.00 or the actual cost of replacing their heating system with advanced wood heat or a heat pump, whichever amount is less. As used in this subsection, “structure” means any assembly of materials that is intended for occupancy or use by a person and that has at least three walls and a roof. Grants shall be made only to the current property owners, except at mobile home parks where a grant may be awarded to a mobile home park resident. To be eligible to receive the grant, an environmental site assessment must be conducted by a qualified consultant during the tank closure, replacement, or upgrade if the tank is an underground heating fuel storage tank. In addition, if the closed tank is to be replaced with an underground heating fuel storage tank, the replacement tank and piping shall provide a level of environmental protection at least equivalent to that provided by a double wall tank and secondarily contained piping. Grants shall be awarded on a priority basis to projects that will avoid the greatest environmental or health risks. The Secretary shall also give priority to applicants who are replacing their underground heating fuel tanks with aboveground heating fuel storage tanks that will be installed in accordance with the Secretary’s recommended standards. The Secretary shall also give priority to lower-income applicants. To be eligible to receive the grant, the owner must provide the previous year’s financial information and, if the replacement tank is an aboveground tank, must ensure that any work to replace or upgrade a tank shall be done in accordance with industry standards (National Fire Protection Association, or NFPA, Code 31), as it existed on July 1, 2004, until another date or edition is specified by rule of the Secretary. The Secretary shall authorize only up to $500,000.00 in assistance for underground and aboveground heating fuel tanks in any one fiscal year from the Heating Fuel Account for this purpose. The application must be accompanied by the following information:

(1) proof of ownership, including information disclosing all owners of record of the property, except in the case where the applicant is a mobile home park resident;

(2) for farm or residential aboveground heating fuel storage tank owners, a copy of the federal income tax return for the previous year;

(3) identification of the contractor performing any heating fuel storage tank closure, replacement, upgrade, or system replacement;

(4) an estimated cost of tank closure, replacement, upgrade, or system replacement;

(5) the amount and type of assistance requested;

(6) a schedule for the work;

(7) description of surrounding area, including location of water supply wells, surface waters, and other sensitive receptors; and

(8) such other information and assurances as the Secretary may require.

(Added 1987, No. 282 (Adj. Sess.), § 1; amended 1989, No. 110, §§ 8, 8a, eff. June 20, 1989; 1989, No. 225 (Adj. Sess.), § 25; 1991, No. 50, § 197a; 1991, No. 85, § 4; 1991, No. 225 (Adj. Sess.), § 2; 1993, No. 188 (Adj. Sess.), § 1; 1995, No. 180 (Adj. Sess.), § 38; 1997, No. 12, §§ 2, 3; 1997, No. 132 (Adj. Sess.), § 8, eff. April 23, 1998; 1997, No. 155 (Adj. Sess.), § 36; 1999, No. 128 (Adj. Sess.), § 1; 2003, No. 48, § 1, eff. June 2, 2003; 2003, No. 153 (Adj. Sess.), § 1; 2007, No. 18, § 3; 2007, No. 192 (Adj. Sess.), § 6.002; 2009, No. 22, § 4; 2009, No. 160 (Adj. Sess.), § 42; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2013, No. 55, § 3, eff. May 30, 2013; 2013, No. 142 (Adj. Sess.), § 19; 2015, No. 66 (Adj. Sess.), § 1, eff. Feb. 10, 2016; 2015, No. 76 (Adj. Sess.), § 2; 2017, No. 158 (Adj. Sess.), § 38; 2017, No. 168 (Adj. Sess.), § 10, eff. May 22, 2018; 2021, No. 116 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 79, § 18, eff. July 1, 2023.)

§ 1941a Repealed

[Repealed]

2003, No. 55, §§ 9(1) and (2), eff. May 30, 2013 and Jan. 1, 2018.

§ 1942 Petroleum distributor licensing fee

(a) There is hereby established a licensing fee of one cent per gallon of motor fuel sold by a distributor or dealer or used by a user in this State, that will be assessed against every distributor, dealer, or user as defined in 23 V.S.A. chapters 27 and 28, and that will be deposited into the Petroleum Cleanup Fund established pursuant to subsection 1941(a) of this title. The Secretary, in consultation with the Petroleum Cleanup Fund Advisory Committee established pursuant to subsection 1941(e) of this title, shall annually report to the General Assembly on the balance of the Motor Fuel Account and shall make recommendations, if any, for changes to the program. The Secretary shall also determine the unencumbered balance of the Motor Fuel Account as of May 15 of each year, and if the balance is equal to or greater than $7,000,000.00, then the licensing fee shall not be assessed in the upcoming fiscal year. The Secretary shall promptly notify all sellers assessing this fee of the status of the fee for the upcoming fiscal year. This fee shall be paid in the same manner, at the same time, and subject to the same restrictions or limitations as the tax on motor fuels. The fee shall be collected by the Commissioner of Motor Vehicles and deposited into the Petroleum Cleanup Fund. This fee requirement shall terminate on April 1, 2031.

(b) There is assessed a licensing fee of one cent per gallon for the bulk retail sale of heating oil, kerosene, or other dyed diesel fuel sold in this State. This fee shall be subject to the collection, administration, and enforcement provisions of 32 V.S.A. chapter 233, and the fees collected under this subsection by the Commissioner of Taxes shall be deposited into the Petroleum Cleanup Fund established pursuant to subsection 1941(a) of this title. The Secretary, in consultation with the Petroleum Cleanup Fund Advisory Committee established pursuant to subsection 1941(e) of this title, shall annually report to the General Assembly on the balance of the Heating Fuel Account and shall make recommendations, if any, for changes to the program. The Secretary shall also determine the unencumbered balance of the Heating Fuel Account as of May 15 of each year, and if the balance is equal to or greater than $3,000,000.00, then the licensing fee shall not be assessed in the upcoming fiscal year. The Secretary shall promptly notify all sellers assessing this fee of the status of the fee for the upcoming fiscal year. This fee provision shall terminate on April 1, 2031.

(Added 1987, No. 282 (Adj. Sess.), § 2, eff. April 1, 1989; amended 1989, No. 110, § 9, eff. June 20, 1989; 1993, No. 188 (Adj. Sess.), § 2; 1997, No. 132 (Adj. Sess.), § 9, eff. April 23, 1998; 2003, No. 48, § 2, eff. June 2, 2003; 2003, No. 153 (Adj. Sess.), § 2; 2007, No. 18, § 4; 2007, No. 192 (Adj. Sess.), § 7.006; 2009, No. 4, § 127, eff. April 24, 2009; 2009, No. 22, § 5; 2009, No. 160 (Adj. Sess.), § 43; 2011, No. 143 (Adj. Sess.), § 1; 2013, No. 55, § 4, eff. May 30, 2013; 2017, No. 168 (Adj. Sess.), § 11, eff. May 22, 2018.)

§ 1943 Petroleum tank assessment

(a) Each owner of a category one tank used for storage of petroleum products shall annually remit to the Secretary $100.00 per double-wall tank system; $250.00 per combination tank system if the single-wall tank has been lined; $500.00 for all other combination tank systems; and $1,000.00 per single-wall tank system, which shall be deposited to the Petroleum Cleanup Fund established by section 1941 of this title, except that:

(1) For retail gasoline outlets that sell less than 40,000 gallons of motor fuel per month, the fee shall be:

(A) $75.00 per double-wall tank system;

(B) $125.00 per combination tank system; and

(C) $175.00 per single-wall tank system.

(2) The fee shall be reduced by 50 percent if the owner or permittee provides to the satisfaction of the Secretary evidence of financial responsibility to allow the taking of corrective action in the amount of $100,000.00 per occurrence and the compensation of third parties for bodily injury and property damage in the amount of $300,000.00 per occurrence.

(3) The fee shall be relieved if the owner provides to the satisfaction of the Secretary, evidence of financial responsibility to allow the taking of corrective action and the compensation of third parties for bodily injury and property damage each in the amount of $1,000,000.00 per occurrence.

(4) The fee for retail motor fuel outlets selling 20,000 gallons or less per month shall not exceed $100.00 per year for all double-wall tanks at a single location and shall not exceed $300.00 for all combination tank systems at a single location. This cap shall not apply to a retail motor fuel outlet utilizing a single-wall tank system.

(5) For any municipality that uses an annual average of less than 40,000 gallons of motor fuel per month, provided that all of the tanks of that municipality meet the requirements of this chapter, the fee shall be:

(A) $50.00 per double-wall tank system;

(B) $100.00 per combination tank system; and

(C) $150.00 per single-wall tank system.

(b) For purposes of this section, an occurrence is an accident, including continuous or repeated exposure to conditions, that results in the release of petroleum from one or more underground storage tanks at the same site.

(c) This tank assessment shall terminate on July 1, 2029.

(d) The Secretary shall establish forms and procedures for the payment of the petroleum tank assessment, including a notice of the obligation 30 days prior to being due. Failure to receive notice shall not waive the payment obligation.

(Added 1987, No. 282 (Adj. Sess.), § 3; amended 1989, No. 110, §§ 9a, 10; 1993, No. 188 (Adj. Sess.), § 3; 1997, No. 132 (Adj. Sess.), § 10, eff. April 23, 1998; 2003, No. 48, § 3, eff. June 2, 2003; 2007, No. 76, § 31; 2009, No. 22, § 6; 2011, No. 161 (Adj. Sess.), § 3; 2013, No. 55, § 5, eff. July 1, 2014; 2017, No. 168 (Adj. Sess.), § 12, eff. May 22, 2018.)

§ 1944 Underground Storage Tank Loan Assistance Program

(a) The Secretary may make individual loans of up to $150,000.00 for:

(1) the replacement or removal of category one tanks used for the storage of petroleum products. These loans shall be made from the Motor Fuel Account;

(2) the removal, or the replacement or improvement, or both, of piping, tank-top sumps, and other components of the secondary containment and release detection systems of category one tanks, for the purpose of reducing the likelihood of a release of regulated substance to the environment. These loans shall be made from the Motor Fuel Account;

(3) the removal, replacement, or upgrade of an underground or aboveground storage tank used for the storage of petroleum products for the purpose of reducing the likelihood of a release of petroleum into the environment. These loans shall be made from the Motor Fuel Account or Heating Fuel Account depending upon the use or contents of the tank.

(b) Loans shall be made to the person who owns the existing motor fuel tanks or will own the new motor fuel tanks. Loans will be in accordance with terms and conditions established by the Secretary that shall include requirements that:

(1) loans be made only for the costs associated with the replacement or removal of an underground motor fuel storage tank or improvement of piping and ancillary equipment used for the storage of petroleum products and associated facilities with a tank and facilities conforming to the requirements of this chapter;

(2) loans be secured by means satisfactory to the Secretary;

(3) proposed projects comply with all planning, zoning, laws, and regulation of the municipality where they are located and of the State of Vermont;

(4) loans have a satisfactory maturity date, in no case later than ten years from the date of the loan. The Secretary may, upon a showing of financial hardship by the person who took out the loan, extend the maturity date for not more than an additional five years.

(c) The loans will be at a zero interest rate, except that a person who owns five or more facilities shall have an interest rate of two percent. As used in this subsection, “facility” shall mean the property upon which a category one tank is located.

(d) The Secretary shall deposit repayments to the Petroleum Cleanup Fund.

(e) The Secretary may contract with other State agencies or authorities or with a commercial lending institution to carry out all or any portion of this loan program.

(f) At no time shall the amount of outstanding loans exceed the total of the amount of funds deposited to the Petroleum Cleanup Fund from the licensing fee established by section 1942 of this title.

(g) The Secretary may refinance existing loans for motor fuel tanks used for the storage of petroleum products incurred after July 1, 1987 under the same terms, conditions, and limitations that apply to initial loans.

(Added 1987, No. 282 (Adj. Sess.), § 4; amended 1999, No. 128 (Adj. Sess.), § 2; 2003, No. 153 (Adj. Sess.), § 3; 2007, No. 18, § 5; 2009, No. 22, § 9; 2013, No. 55, § 6, eff. May 30, 2013.)

Chapter 61 Water Supply and Wastewater Permit

§§ 1951-1955 Repealed

[Repealed]

2001, No. 133 (Adj. Sess.), § 14, eff. June 13, 2002.

§ 1956 Repealed

[Repealed]

2013, No. 34, § 31.

§§ 1957, 1958 Repealed

[Repealed]

2001, No. 133 (Adj. Sess.), § 14, eff. June 13, 2002.

Chapter 63 Vermont Citizens Advisory Committee on Lake Champlain's Future

§ 1960 Vermont Citizens Advisory Committee on Lake Champlain’s future created

(a) The Vermont Citizens Advisory Committee on Lake Champlain’s future is created to gather and disseminate information and make recommendations about the condition and management of the waters of the Lake Champlain basin region. The Advisory Committee shall consist of 14 members: two Senators appointed by the Committee on Committees, two Representatives appointed by the Speaker of the House, and ten Vermont citizens, including one recommended by the Secretary of Agriculture, Food and Markets, who come from a variety of geographic locations in Vermont appointed by the Governor with advice and consent of the Senate. The Advisory Committee shall elect a chair by a majority vote of its members. Legislative Committee members shall serve two-year terms that coincide with their term of office, or until the biennial appointment of successors. Other Advisory Committee members shall be appointed for three-year terms, except that initial appointments shall be for staggered terms.

(b) Advisory Committee members shall receive a per diem pursuant to 32 V.S.A. § 1010 and shall be reimbursed for necessary expenses incurred in performance of their duties as Advisory Committee members.

(c) The Secretary, in consultation with the Advisory Committee, may appoint an executive director who shall be an exempt State employee and who shall report to the Secretary.

(d) The Advisory Committee shall be assigned to the Agency of Natural Resources for budgetary and administrative purposes.

(e) The Advisory Committee shall present a proposed budget to the Secretary before September 15 of each year.

(f) [Repealed.]

(Added 1989, No. 265 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2007, No. 121 (Adj. Sess.), § 32.)

§ 1961 Powers and duties

(a) The Advisory Committee shall:

(1) Gather existing scientific data concerning the condition of the water and wildlife in the Lake Champlain basin region. Such data may include information concerning:

(A) Factors affecting water quality of the lake with emphasis on the levels and sources of nutrient loading and the presence of toxic materials.

(B) Condition of the lake’s fishery resource and health of wildlife populations.

(C) Level and impact of aquatic nuisance infestations.

(D) Potential and current impacts of hazardous material spills.

(E) Impact of shoreline development and marinas.

(F) Quality and purity of the lake as a drinking water source.

(2) Using existing government and nonprofit resources whenever possible, gather information about activities that affect or have the potential to affect the water and wildlife in the Lake Champlain basin region. The Advisory Committee shall also consider the effect of these activities on regional needs for agricultural and industrial development, for employment opportunities and for a high quality environment. Such information may include data concerning:

(A) Recreational management issues, including land acquisition for protection of valuable natural areas, or to enhance public access where desired, or both.

(B) Federal, state, and local activities that affect the lake.

(3) Act as the Citizens Advisory Committee to the Joint Committee created in the memorandum of understanding on environmental cooperation on the management of Lake Champlain, and signed by the Governor of Vermont, Governor of New York, and the Premier of Quebec on August 23, 1988. The Advisory Committee shall also work with the New York and Quebec representatives of the Lake Champlain Citizens Advisory Committee created as a result of the memorandum of understanding.

(4) By June 15, 1991 and every January thereafter, recommend to the Secretary a Vermont policy for Lake Champlain or changes to existing policy. By June 15, 1991 and every January thereafter, the Secretary shall recommend to the Legislature a policy or policy changes regarding Lake Champlain. The policy shall:

(A) address management concerns identified under this subsection;

(B) recommend a governance process for making decisions regarding cooperative management of the lake’s cultural and natural resources, that may include development of a tripartite governmental framework ratified by Congress;

(C) recommend a process for creating a research consortium to monitor the condition of the lake;

(D) recommend ongoing funding sources for carrying out the purposes of this chapter.

(5) On or before June 15, 1991, and every January thereafter, present a report to the Vermont General Assembly. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision. The report shall include the following:

(A) an update on the quality of the waters of the lake;

(B) findings of pertinent research;

(C) an action plan including water quality and fishery improvement measures and ways to enhance public use of and access to the lake;

(D) recommended budgets and revenue sources including an expanded lake user fee structure.

(6) Carry out activities designed to educate the public about Lake Champlain issues and to disseminate information gathered under this subsection.

(7) Act as a Citizen’s Advisory Committee to the federal Lake Champlain Management Conference created in the Lake Champlain Special Designation Act of 1990 (Pub. L. No. 101-596). The Advisory Committee shall review the activities of the Conference and make appropriate recommendations to the Conference members. After June 15, 1991, all recommendations shall be based upon the Citizen’s Advisory Committee Action Plan duly adopted after public comment and one or more public hearings.

(b) The Advisory Committee may:

(1) Contract for studies and prepare reports on existing or potential problems within the basin. In contracting for studies the Advisory Committee shall follow public bidding procedures as prescribed for Executive Branch agencies by the Secretary of Administration.

(2) Apply for grants or other funding sources to finance or assist in effectuating the purposes of this chapter. The Advisory Committee may accept grants or funds only pursuant to the provisions of 32 V.S.A. § 5.

(3) With the Secretary’s approval, present information and make recommendations to federal, state, and local legislatures regarding the coordinated management of the lake and for the purpose of helping the legislatures to make sound decisions regarding management of the lake.

(4) Offer to act as a forum for discussion and mediation of lake-related conflicts.

(5) Work cooperatively with governmental and other groups having jurisdiction over or interested in the management and quality of Lake Champlain.

(Added 1989, No. 265 (Adj. Sess.), § 1; amended 1991, No. 27; 2013, No. 142 (Adj. Sess.), § 20.)

Chapter 64 Potable Water Supply and Wastewater System Permit

§ 1971 Purpose

It is the purpose of this chapter to:

(1) establish a comprehensive program to regulate the construction, replacement, modification, and operation of potable water supplies and wastewater systems in the State in order to protect human health and the environment, including potable water supplies, surface water, and groundwater;

(2) eliminate duplicative or unnecessary permitting requirements through the consolidation of existing authorities and, where appropriate, the use of permits by rule;

(3) allow the use of alternative, innovative, and experimental technologies for the treatment and disposal of wastewater in the appropriate circumstances;

(4) protect the investment of homeowners through a flexible remediation process for failed potable water supplies and wastewater systems;

(5) increase reliance on and the accountability of the private sector for the design and installation of potable water supplies and wastewater systems, through licensing and enforcement; and

(6) allow delegation of the permitting program created by this chapter to municipalities demonstrating the capacity to administer the chapter.

(Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002.)

§ 1972 Definitions

For the purposes of this chapter:

(1) “Agency” means the Agency of Natural Resources.

(2) “Building or structure” means a building or structure whose use or useful occupancy requires the construction or modification of a potable water supply or wastewater system.

(3) “Campground” means any lot of land containing more than three campsites occupied for vacation or recreational purposes by camping units, such as: tents, yurts, tepees, lean-tos, camping cabins, and recreational vehicles, including motor homes, folding camping trailers, conventional travel trailers, fifth wheel travel trailers, truck campers, van campers, and conversion vehicles designed and used for travel, recreation, and camping. There shall be no distinction made between noncommercial (no charge, no service) and commercial operations.

(4)(A) “Failed supply” means a potable water supply:

(i) that has been found to exceed the standard set by the Secretary in rule for one or more of the following contaminants:

(I) total coliform;

(II) nitrates;

(III) nitrites;

(IV) arsenic; or

(V) uranium;

(ii) that the Secretary affirmatively determines as not potable, due to the presence of a contaminated site, a leaking underground storage tank, or other known sources of groundwater contamination or naturally occurring contaminants; or

(iii) the Secretary affirmatively determines to be failed due to the supply providing an insufficient quantity of water to maintain the usual and customary uses of a building or structure or campground.

(B) Notwithstanding the provisions of this subdivision, a potable water supply shall not be a failed supply if:

(i) these effects can be and are remedied solely by minor repairs, including the repair of a broken pipe leading from a building or structure to a well, the replacement of a broken pump, repair or replacement of a mechanical component, or deepening or hydrofracturing a well; or

(ii) these effects have lasted for only a brief period of time, the cause of the failure has been determined to be an unusual and nonrecurring event, and the supply has recovered from the state of failure. Supplies that have recurring, continuing, or seasonal failures shall be considered to be failed supplies.

(C) If a project is served by multiple potable water supplies, the failure of one supply will not require the issuance of a permit or permit amendment for any other supply that is not in a state of failure.

(5)(A) “Failed system” means a wastewater system that is functioning in a manner:

(i) that allows wastewater to be exposed to the open air, pool on the surface of the ground, discharge directly to surface water, or back up into a building or structure, unless, in any of these instances, the approved design of the system specifically requires the system to function in such a manner; or

(ii) that results in a potable water supply being affirmatively determined by the Secretary to be a failed supply, and that information has been posted on the Agency of Natural Resources’ website.

(B) Notwithstanding the provisions of subdivision (A) of this subdivision (5), a system shall not be a failed system if:

(i) these effects can be and are remedied solely by minor repairs, including the repair of a broken pipe leading from a building or structure to the septic tank, replacement of a cracked or broken septic tank, or replacement of a broken pump or associated valves, switches, and controls; or

(ii) these effects have lasted for only a brief period of time, the cause of the failure has been determined to be an unusual and nonrecurring event, and the system has recovered from the state of failure. Systems that have recurring, continuing, or seasonal failures shall be considered to be failed systems.

(C) If a project is served by multiple wastewater systems, the failure of one system will not require the issuance of a permit or permit amendment for any other system that is not in a state of failure.

(D) A wastewater system may be determined to be a failed system by the completion of a site visit that identifies one or more of the conditions set forth in subdivision (A)(i) of this subdivision (5).

(6) “Potable water supply” means the source, treatment, and conveyance equipment used to provide water used or intended to be used for human consumption, including drinking, washing, bathing, the preparation of food, or laundering. This definition does not include any internal piping or plumbing, except for mechanical systems, such as pump stations and storage tanks or lavatories, that are located inside a building or structure and that are integral to the operation of a potable water system. This definition also does not include a potable water supply that is subject to regulation under chapter 56 of this title.

(7) “Professional engineer” means an engineer licensed and in good standing by the Board of Professional Engineering under 26 V.S.A. chapter 20.

(8) “Secretary” means the Secretary of Natural Resources or a duly authorized representative of the Secretary. A duly authorized representative of the Secretary includes a municipality that has requested delegation, in writing, and has been delegated the authority to implement provisions of this chapter in lieu of the Secretary.

(9) “Subdivide” means to divide land by sale, gift, lease, mortgage foreclosure, court-ordered partition, or filing of a plat, plan, or deed in the town records where the act of division creates one or more lots. Subdivision shall be deemed to have occurred on the conveyance of the first lot or the filing of a plat, plan, or deed in the town records, whichever first occurs. A subdivision of land shall also be deemed to have taken place when a lot is divided by a State or municipal highway, road, or right-of-way, or when a lot is divided by surface waters with a drainage area of greater than 10 square miles.

(10) “Wastewater system” means any piping, pumping, treatment, or disposal system used for the conveyance and treatment of sanitary waste or used water, including carriage water, shower and wash water, and process wastewater. This definition does not include any internal piping or plumbing, except for mechanical systems, such as pump stations and storage tanks or toilets, that are located inside a building or structure and that are integral to the operation of a wastewater system. This definition also does not include wastewater systems that are used exclusively for the treatment and disposal of animal manure. In this chapter, “wastewater system” refers to a soil-based disposal system of less than 6,500 gallons per day, or a sewerage connection of any size.

(Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2007, No. 32, § 2, eff. May 18, 2007; 2023, No. 79, § 17, eff. July 1, 2023.)

§ 1973 Permits

(a) Except as provided in this section and sections 1974 and 1978 of this title, a person shall obtain a permit from the Secretary before:

(1) subdividing land;

(2) creating or modifying a campground in a manner that affects a potable water supply or wastewater system or the requirements for providing potable water and wastewater disposal;

(3) constructing, replacing, or modifying a potable water supply or wastewater system;

(4) using or operating a failed supply or failed system;

(5) constructing a new building or structure;

(6) modifying an existing building or structure in a manner that increases the design flow or modifies other operational requirements of a potable water supply or wastewater system;

(7) making a new or modified connection to a new or existing potable water supply or wastewater system; or

(8) changing the use of a building or structure in a manner that increases the design flows or modifies other operational requirements of a potable water supply or wastewater system.

(b) Application for a permit shall be made on a form prescribed by the Secretary. The application shall be supported by such documents and information that the Secretary, by rule, deems necessary for proper application review and the issuance of a permit.

(c) When a person replaces a potable water supply or wastewater system that has been permitted, or was exempt from permitting requirements, the Secretary shall grant a variance from the technical standards if the supply or system cannot be replaced so that it is in full compliance with the rules adopted under section 1978 of this title, provided that the variance requested is the minimum necessary considering the cost of the replacement supply or system in addition to the potential impacts on human health and the environment. No variance shall be granted under this subsection if the supply or system would continue to meet the definition of a failed supply or failed system, or if the replacement supply or system allows for increases in design flows.

(d) No permit shall be issued by the Secretary unless the Secretary receives a statement from a licensed designer certifying that, in the exercise of his or her reasonable professional judgment, the design-related information submitted with the permit application is true and correct and the design included in an application for a permit complies with the rules.

(e) No permit issued by the Secretary shall be valid for a substantially completed potable water supply and wastewater system until the Secretary receives a statement from an installer or a licensed designer certifying that, in the exercise of his or her reasonable professional judgment, the installation-related information submitted is true and correct and the potable water supply and wastewater system:

(1) were installed in accordance with:

(A) the permitted design and all permit conditions; or

(B) record drawings and such record drawings are in compliance with the applicable rules, were filed with the Secretary, and are in accordance with all other permit conditions;

(2) were inspected;

(3) were properly tested; and

(4) have successfully met those performance tests.

(f)(1) The Secretary shall give deference to a certification by a licensed designer with respect to the engineering design or judgment exercised by the designer in order to minimize Agency review of certified designs. Nothing in this section shall limit the responsibility of the licensed designer to comply with all standards and rules, or the authority of the Secretary to review and comment on design aspects of an application or to enforce Agency rules with respect to the design or the design certification.

(2) The Secretary shall issue a permit for a new or modified connection to a water main and a sewer main or indirect discharge system from a building or structure in a designated downtown development district upon submission of an application under subsection (b) of this section that consists solely of the certification of a licensed designer, in accordance with subsection (d) of this section, and a letter from the owner of the water main and sewer main or indirect discharge system allocating the capacity needed to accommodate the new or modified connection. However, this subdivision (2) shall not apply if the Secretary finds one of the following:

(A) The Secretary has prohibited the system that submitted the allocation letter from issuing new allocation letters due to a lack of capacity.

(B) As a result of an audit of the application performed on a random basis or in response to a complaint, the system is not designed in accordance with the rules adopted under this chapter.

(g) If there is a dispute between the Secretary and a professional engineer concerning the design prepared by a professional engineer or the judgment exercised by a professional engineer, the professional engineer may request that the disputed issues be reviewed by a licensed professional engineer employed or retained by the Secretary. The Secretary shall grant all such requests for review.

(h) All permits required under this section, all design and installation certifications required under this section, and all documents required by the rules adopted under this chapter to be filed in the town records shall be properly indexed and recorded in the land records pursuant to 24 V.S.A. §§ 1154 and 1161.

(i) Notwithstanding section 1-407 of the State Wastewater System and Potable Water Supply Rules, effective August 16, 2002, a lot that contained two single family residences, as of January 1, 1999, but did not have the State permit required at that time is eligible for a permit for the subdivision of improved lots under subdivision 1-407(a)(2) of those rules, provided that the subdivision of the lot would only create a boundary between the two single family residences and thereby place each residence on its own lot.

(j)(1) When an applicant for a permit under this section proposes a water supply or wastewater system with isolation distances that extend onto property other than the property for which the permit is sought, the permit applicant shall send by certified mail, on a form provided by the Secretary, a notice of an intent to file a permit application, including the site plan that accurately depicts all isolation distances, to any landowner affected by the proposed isolation distances at least seven calendar days prior to the date that the permit application is submitted to the Secretary.

(2) If, during the course of the Secretary’s review of an application for a permit under this section, the location of a water supply or wastewater system permit is revised and the isolation distances of the revised system extend onto property other than the property for which the permit is sought, the permit applicant shall send by certified mail a copy of any revised plan to any landowner affected by the isolation distances.

(3) If, after a permit has been issued under this section, a water supply or wastewater system is not installed according to the permitted plan and the record drawings submitted under subsection (e) of this section indicate that the isolation distances of the system as constructed extend onto property other than the property on which the system is located, the permittee shall send by certified mail a notification form provided by the Secretary with a copy of the record drawings showing all isolation distances to any landowner affected by the isolation distances.

(4) A permit applicant or permittee subject to the requirements of subdivisions (1) through (3) of this subsection shall certify to the Secretary that the notices and information required by this subsection have been sent to affected landowners and shall include in the certification the name and address of all affected landowners. If the Secretary approves a permit application under this section, the permit shall not be issued to a permit applicant subject to the requirements of subdivision (2) of this subsection until seven calendar days after the permit applicant certifies to the Secretary that the notice required under this subsection has been sent to affected landowners.

(Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2003, No. 13, § 2, eff. May 6, 2003; 2003, No. 121 (Adj. Sess.), § 71, eff. June 8, 2004; 2007, No. 32, § 3, eff. May 18, 2007; 2009, No. 145 (Adj. Sess.), § 1, eff. June 1, 2010; 2011, No. 117 (Adj. Sess.), § 5, eff. Sept. 1, 2012; 2013, No. 147 (Adj. Sess.), § 12, eff. June 1, 2014.)

§ 1974 Exemptions

Notwithstanding any other requirements of this chapter, the following projects and actions are exempt:

(1)(A) All buildings or structures, campgrounds, and their associated potable water supplies and wastewater systems that were substantially completed before January 1, 2007 and all improved and unimproved lots that were in existence before January 1, 2007. This exemption shall remain in effect provided:

(i) no action for which a permit is required under this chapter or the rules adopted under this chapter is taken or caused to be taken on or after January 1, 2007, unless such action is exempt under one of the other permitting exemptions listed in this section or in the rules adopted under this chapter; and

(ii) if a permit has been issued under this chapter or the rules adopted under this chapter before January 1, 2007 that contained conditions that required actions to be taken on or after January 1, 2007, including conditions concerning operation and maintenance and transfer of ownership, the permittee continues to comply with those permit conditions.

(B) If a permit or permit amendment is required because the potable water supply or wastewater system has failed, the Secretary may issue a permit that allows for a variance in accordance with the standards contained in section 1973 of this chapter, the rules adopted under this chapter, and the rules adopted under chapter 56 of this title.

(C) An owner of a single family residence that qualified on January 1, 2007 for the exemption set forth in subdivision (1)(A) of this section shall not be subject to administrative or civil penalties under chapters 201 and 211 of this title for a violation of this chapter or rules adopted under this chapter when the owner believes the supply or system meets the definition of a failed supply or failed system provided that the owner:

(i) conducts or contracts for an inspection of the supply or system;

(ii) notifies the Secretary of Natural Resources of the results of the inspection; and

(iii) has not taken or caused to be taken any other action after January 1, 2007 for which a permit would be required under this chapter or the rules adopted under this chapter.

(2) Primitive camps with no interior plumbing consisting of more than a sink with water, that are used no more than three consecutive weeks per year and no more than a total of 60 days per year, shall be exempt. This exemption does not apply to seasonal camps.

(3) [Repealed.]

(4) The installation or use of a water treatment system for a potable water supply where the treatment system is designed to:

(A) reduce or eliminate water hardness;

(B) reduce or eliminate properties or constituents on the list of secondary standards in the Vermont water supply rules;

(C) reduce or eliminate radon, lead, arsenic, or a combination of these; or

(D) eliminate bacteria or pathogenic organisms, provided that the treatment system treats all of the water used for drinking, washing, bathing, the preparation of food, and laundering.

(5) The installation or use of a water treatment device, provided that the installation or use is overseen by the Secretary as a part of a response action due to contamination or the threat of contamination of a potable water supply by a release or threat of release of a hazardous material or any other source of contamination.

(6) The increase in flow to an existing wastewater system as a result of the use of an exempt water treatment system under subdivisions (4) and (5) of this section.

(7) The subdivision of an unimproved or improved lot or campground where the subdivision results from a transfer of property for a highway or other transportation project that is authorized under the State’s enacted Transportation Program or is an emergency project within the meaning of 19 V.S.A. § 10g(h), regardless of whether the State or the municipality has commenced any condemnation proceedings in connection with the project.

(8) From the permit required for operation of failed supply under subdivision 1973(a)(4) of this title for the use or operation of a failed supply that consists of only one groundwater source that provides water to only one single family residence.

(Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2007, No. 32, § 4, eff. May 18, 2007; 2009, No. 54, § 85, eff. June 1, 2009; 2009, No. 3 (Sp. Sess.), § 11(d); 2009, No. 161 (Adj. Sess.), § 33, eff. June 4, 2010; 2015, No. 40, § 18; 2017, No. 161 (Adj. Sess.), § 7.)

§ 1975 Designer licenses

(a) The Director of the Office of Professional Regulation, after due consultation with the Secretary, shall establish and implement a process to license and periodically renew the licenses of designers of potable water supplies or wastewater systems, establish different classes of licensing for different potable water supplies and wastewater systems, and allow individuals to be licensed in various categories.

(b) A person shall not design a potable water supply or wastewater system that requires a permit under this chapter without first obtaining a designer license from the Director of the Office of Professional Regulation, except a professional engineer who is licensed in Vermont shall be deemed to have a valid designer license under this chapter, provided that:

(1) the engineer is practicing within the scope of his or her engineering specialty; and

(2) the engineer:

(A) to design a soil-based wastewater system, has satisfactorily completed a college-level soils identification course with specific instruction in the areas of soils morphology, genesis, texture, permeability, color, and redoximorphic features;

(B) has passed a soils identification test administered by the Secretary; or

(C) retains one or more licensed designers who have taken the course specified in this subdivision or passed the soils identification test, whenever performing work regulated under this chapter.

(c) [Repealed.]

(d) The Secretary or the Director of the Office of Professional Regulation may review, on a random basis, or in response to a complaint, or on his or her own motion, the testing procedures employed by a licensed designer, the systems designed by a licensed designer, the designs approved or recommended for approval by a licensed designer, and any work associated with the performance of these tasks.

(e) [Repealed.]

(f) If a person who signs a design or installation certification submitted under this chapter certifies a design, installation, or related design or installation information and, as a result of the person’s failure to exercise reasonable professional judgment, submits design or installation information that is untrue or incorrect, or submits a design or installs a wastewater system or potable water supply that does not comply with the rules adopted under this chapter, the person who signed the certification may be disciplined by the Director of the Office of Professional Regulation and be required to take all actions to remediate the affected project in accordance with the provisions of chapters 201 and 211 of this title.

(g) In response to a complaint, or on his or her own motion, the Secretary shall refer deficiencies in design or installation performed under this chapter by a professional engineer to the Board of Professional Engineering for further investigation and potential disciplinary action.

(Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2007, No. 32, § 5, eff. May 18, 2007; 2015, No. 156 (Adj. Sess.), § 9, eff. Jan. 1, 2017.)

§ 1976 Delegation of authority to municipalities

(a)(1) The Secretary may delegate to a municipality authority to:

(A) implement all sections of this chapter, except for sections 1975 and 1978 of this title; or

(B) implement permitting under this chapter for the subdivision of land, a building or structure, or a campground when the subdivision, building or structure, or campground is served by sewerage connections and water service lines, provided that:

(i) the lot, building or structure, or campground utilizes both a sanitary sewer service line and a water service line; and

(ii) the water main and sanitary sewer collection line that the water service line and sanitary sewer service line are connected to are owned and controlled by the delegated municipality.

(2) If a municipality submits a written request for delegation of this chapter, the Secretary shall delegate authority to the municipality to implement and administer provisions of this chapter, the rules adopted under this chapter, and the enforcement provisions of chapter 201 of this title relating to this chapter, provided that the Secretary is satisfied that the municipality:

(A) has established a process for accepting, reviewing, and processing applications and issuing permits, that shall adhere to the rules established by the Secretary for potable water supplies and wastewater systems, including permits, by rule, for sewerage connections;

(B) has hired, appointed, or retained on contract, or will hire, appoint, or retain on contract, a licensed designer to perform technical work that must be done by a municipality under this section to grant permits;

(C) will take timely and appropriate enforcement actions pursuant to the authority of chapter 201 of this title;

(D) commits to reporting annually to the Secretary on a form and date determined by the Secretary;

(E) will only issue permits for water service lines and sanitary sewer service lines when there is adequate capacity in the public water supply system source, wastewater treatment facility, or indirect discharge system; and

(F) will comply with all other requirements of the rules adopted under section 1978 of this title.

(b) As of July 1, 2007, those provisions of municipal ordinances and zoning bylaws that regulate potable water supplies and wastewater systems are superseded by the provisions of this chapter and the rules adopted under this chapter. However, to the extent that local ordinances and bylaws apply to potable water supplies and wastewater systems that are exempt from the permitting requirements of this chapter, and to the extent that those local ordinances and bylaws establish procedural requirements that are consistent with this chapter and the rules adopted under this chapter, those provisions of existing and any future ordinances or bylaws shall not be superseded in municipalities that receive delegation under this section.

(c) [Repealed.]

(d) A municipality may assess fees in an amount sufficient to support municipal services provided under this section.

(e) Notwithstanding the fact that local ordinances and bylaws may have been superseded by this chapter, a permit issued under those ordinances shall remain in effect, unless and until superseded by another permit issued pursuant to the provisions of this chapter.

(f) The Secretary may review municipal implementation of this section on a random basis, or in response to a complaint, or on his or her own motion. This review may include consideration of the municipal implementation itself, as well as consideration of the practices, testing procedures employed, systems designed, system designs approved, installation procedures used, and any work associated with the performance of these tasks.

(Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2015, No. 57, § 22a; 2023, No. 53, § 15, eff. June 8, 2023.)

§ 1977 Appeals

Appeals of any act or decision of the Department under this subchapter shall be made in accordance with chapter 220 of this title.

(Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2003, No. 115 (Adj. Sess.), § 44, eff. Jan. 31, 2005.)

§ 1978 Rules

(a) The Secretary shall adopt rules, in accordance with 3 V.S.A. chapter 25, necessary for the administration of this chapter. These rules shall include the following:

(1) Performance standards for wastewater systems.

(2) Design flow standards for potable water supplies and wastewater systems.

(3) Design requirements, including isolation distances.

(4) Monitoring and reporting requirements.

(5) Soils and hydrogeologic requirements.

(6) Operation and maintenance requirements appropriate to the complexity of the system.

(7) Requirements for engineering plans and specifications for potable water supplies and wastewater systems.

(8) Provisions for the acceptance and approval of alternative or innovative technologies, based on performance evaluations provided by qualified organizations with expertise in wastewater systems, including the New England Interstate Water Pollution Control Commission.

(9) Provisions allowing the use of a variety of alternative or innovative technologies, including intermittent sand filters, recirculating sand filters, waterless toilets, and greywater disposal systems, and constructed wetlands, that provide an adequate degree of protection of human health and the environment. When alternative or innovative technologies are approved for general use, the rules shall not require either a bond or the immediate construction of a duplicate wastewater system for those alternative or innovative technologies.

(10) Provisions allowing for appropriate reductions in leachfield size, depth to the seasonal high water table, or other minimum site conditions when the wastewater system design does not solely rely on naturally occurring soils to provide an adequate degree of treatment, and when those systems, combined with the reductions, provide an adequate degree of protection of human health and the environment.

(11) Provisions allowing for experimental systems.

(12) Provisions regarding the licensing of certain classes of designers.

(13) Provisions regarding the delegation of authority to and removal of authority from a municipality to administer this chapter.

(14) Other requirements necessary to protect human health and the environment.

(15) Provisions authorizing the use by a residential dwelling of surface water as a source of a potable water supply permitted under this chapter.

(b) The Secretary may, by rule, establish permitting exemptions upon a determination that those exemptions are consistent with the purposes of this chapter, and are necessary for the appropriate implementation of this chapter.

(c) The Secretary shall first adopt rules under this section no later than July 30, 2002.

(d) The Secretary shall not adopt rules under this chapter that allow wastewater systems that serve lots created after June 13, 2002 to be constructed on ground with a maximum slope in excess of 20 percent. This limitation shall not apply to replacement wastewater systems.

(e)(1) The Secretary shall periodically review and, if necessary, revise the rules adopted under this chapter to ensure that the technical standards remain current with the known and proven technologies regarding potable water supplies and wastewater systems.

(2) The Secretary shall seek advice from a Technical Advisory Committee in carrying out the mandate of this subdivision. The Governor shall appoint the members of the Committee and ensure that there is at least one representative of the following entities on the Committee: professional engineers, site technicians, well drillers, hydrogeologists, town officials with jurisdiction over potable water supplies and wastewater systems, water quality specialists, technical staff of the Agency of Natural Resources, and technical staff of the Department of Health. Administrative support for the Advisory Committee shall be provided by the Secretary of Natural Resources.

(3) The Technical Advisory Committee shall provide annual reports, starting January 15, 2003, to the Chairs of the House Committee on Corrections and Institutions and the Senate Committee on Institutions. The reports shall include information on the following topics: the implementation of this chapter and the rules adopted under this chapter; the number and type of alternative or innovative systems approved for general use, approved for use as a pilot project, and approved for experimental use; the functional status of alternative or innovative systems approved for use as a pilot project or approved for experimental use; the number of permit applications received during the preceding calendar year; the number of permits issued during the preceding calendar year; and the number of permit applications denied during the preceding calendar year, together with a summary of the basis of denial.

(4) [Repealed.]

(f) The Secretary may adopt emergency rules as necessary to assure that the implementation of this chapter does not have an undue adverse effect upon the marketability of title to real estate.

(Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2001, No. 149 (Adj. Sess.), § 95, eff. June 27, 2002; 2009, No. 33, § 83; 2011, No. 139 (Adj. Sess.), § 7, eff. May 14, 2012; 2015, No. 154 (Adj. Sess.), § 1.)

§ 1979 Holding tanks

(a) The Secretary shall approve the use of sewage holding and pumpout tanks when he or she determines that:

(1) the existing or proposed buildings or structures to be served by the holding tank are publicly owned;

(2) the plan for construction and operation of the holding tank will not result in a public health hazard or environmental damage;

(3) a designer demonstrates that an economically feasible means of meeting current standards is significantly more costly than the construction and operation of sewage holding and pumpout tanks, based on a projected 20-year life of the project; and

(4) the design flows do not exceed 600 gallons per day.

(b)(1) The Secretary shall approve the use of sewage holding and pumpout tanks for existing or proposed buildings or structures that are owned by a charitable, religious, or nonprofit organization when he or she determines that:

(A) the plan for construction and operation of the holding tank will not result in a public health hazard or environmental damage;

(B) a designer demonstrates that an economically feasible means of meeting current standards is significantly more costly than the construction and operation of sewage holding and pumpout tanks, based on a projected 20-year life of the project; and

(C) the design flows do not exceed 600 gallons per day or the existing or proposed building or structure shall not be used to host events on more than 28 days in any calendar year.

(2) [Repealed.]

(3)(A) A permit issued under this subsection shall run with the land for the duration of the permit and shall apply to all subsequent owners of the property being served by the holding tank regardless of whether the owner is a charitable, religious, or nonprofit organization.

(B) All permit conditions shall apply to a subsequent owner.

(C) A subsequent owner shall not increase the design flows of the holding and pumpout tank system without approval from the Secretary.

(c) A holding tank may also be used for a project that is eligible for a variance under section 1973 of this title, whether or not the project is publicly owned, if the existing wastewater system has failed, or is expected to fail, and in either instance, if there is no other cost-feasible alternative.

(d) When a holding tank is proposed for use, a designer shall submit all information necessary to demonstrate that the holding tank will comply with the following requirements:

(1) The holding tank shall be capable of holding at least 14 days of the design flow from the building.

(2) The tank shall be constructed of durable materials that are appropriate for the site conditions and the nature of the sewage to be stored.

(3) The tank shall be watertight, including any piping connected to the tank and all access structures connected to the tank. The tank shall be leakage tested prior to being placed in service.

(4) The tank shall be designed to protect against floatation when the tank is empty, such as when it is pumped.

(5) The tank shall be equipped with audio and visual alarms that are triggered when the tank is filled to 75 percent of its design capacity.

(6) The tank shall be located so that it can be reached by tank pumping vehicles at all times when the structure is occupied.

(7) The analysis supports a claim under subdivision (a)(3) of this section.

(e) The permit application shall specify the method and expected frequency of pumping.

(f) Any building or structure served by a holding tank shall have a water meter, or meters, installed that measures all water that will be discharged as wastewater from the building or structure.

(g) Any permit issued for the use of a holding tank will require a designer to periodically inspect the tank, visible piping, and alarms. The designer shall submit a written report to the Secretary detailing the results of the inspection and any repairs or changes in operation that are required. The report also shall detail the pumping history since the previous report, giving the dates of pumping and the volume of wastewater removed. The frequency of inspections and reports shall be stated in the permit issued for the use of the tank, but shall be no less frequent than once per year. The designer also shall inspect the water meter or meters and verify that they are installed, calibrated, and measuring all water that is discharged as wastewater. The designer shall read the meters and compare the metered flow to the pumping records. Any significant deviation shall be noted in the report and explained to the extent possible.

(h) The owner of a holding tank shall maintain a valid contract with a licensed wastewater hauler at all times. The contract shall require the licensed wastewater hauler to provide written notice of dates of pumping and volume of wastewater pumped. Copies of all such notices shall be submitted with the written inspection reports.

(Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2013, No. 151 (Adj. Sess.), § 1; 2019, No. 64, § 20; 2019, No. 173 (Adj. Sess.), § 2, eff. Oct. 8, 2020.)

§ 1980 Vermont Technical College demonstration project

(a) There is established an on-site wastewater treatment and disposal project that shall be conducted at the Vermont Technical College in Randolph. The project shall be managed by the staff of the college, in conjunction with the Agency of Natural Resources.

(b) The purpose of the project is to provide information to interested local and State officials and members of the public with respect to the range of options that have been approved by the State and that are available for on-site systems, the relative effectiveness of various approved experimental and innovative systems, and their respective strengths and weaknesses.

(c) The project shall be designed with space sufficient to accommodate the demonstration of new designs for systems, as those designs are developed, during a number of years.

(Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002.)

§ 1981 Surface water source; potable water supply

The Secretary shall approve the use of a surface water as the source of a potable water supply under this chapter if the following conditions are satisfied:

(1) the building or structure using the surface water as a source is a single-family residence occupied by the owner of record;

(2) only one single-family residence shall be served by a potable water supply using a surface water as a source;

(3) a single-family residence with a potable water supply using a surface water as a source shall not be used as the site of a home occupation that employs persons other than family members and is visited by the public in a manner or duration that would presume the need for use of a potable water supply;

(4) a professional engineer shall design the potable water supply using a surface water as a source, including a treatment system for the surface water;

(5) only surface waters that meet criteria adopted by the Secretary by rule are eligible as the source of a potable water supply permitted under this chapter; and

(6) the applicant or permit holder shall comply with other criteria and requirements adopted by the Secretary by rule for potable water supplies using a surface water as a source.

(Added 2015, No. 154 (Adj. Sess.), § 2, eff. July 1, 2017.)

§ 1982 Testing of groundwater sources

(a) Definition. As used in this section, “groundwater source” means that portion of a potable water supply that draws water from the ground, including a drilled well, shallow well, driven well point, or spring.

(b) Testing prior to new use. Prior to use of a new groundwater source as a potable water supply, the person who owns or controls the groundwater source shall test the groundwater source for the parameters set forth in subsection (c) of this section.

(c) Parameters of testing. A water sample collected under this section shall be analyzed for, at a minimum: arsenic, lead, uranium, gross alpha radiation, total coliform bacteria, total nitrate and nitrite, fluoride, manganese, and any other parameters required by the Agency by rule. The Agency by rule may require testing for a parameter by region or specific geographic area of concern.

(d) Submission of test results. Results of the testing required under subsection (b) shall be submitted, in a form provided by the Department of Health, to the Department of Health and, when required by the Secretary pursuant to a permit, to the Secretary.

(e) Rulemaking. The Secretary, after consultation with the Department of Health, the Wastewater and Potable Water Supply Technical Advisory Committee, private laboratories, and other interested parties, shall adopt by rule requirements regarding:

(1) when, prior to use of a new groundwater source, the test required under subsection (b) of this section shall be conducted;

(2) who shall be authorized to sample the source for the test required under subsections (b) and (c) of this section, provided that the rule shall include the person who owns or controls the groundwater source and licensed well drillers among those authorized to sample the source;

(3) how a water sample shall be collected in order to comply with the requirements of the analyses to be performed; and

(4) any other requirements necessary to implement this section.

(f) Marketability of title. Noncompliance with the requirements of this section shall not affect the marketability of title or create a defect in title of a property, provided water test results required under this section are forwarded, prior to the conveyance of the property, to the Department of Health and, when required by the Secretary pursuant to a permit, to the Agency.

(Added 2017, No. 161 (Adj. Sess.), § 4, eff. July 1, 2019.)

Chapter 71 Department of Forests and Parks

§§ 2001-2014 Repealed

[Repealed]

1977, No. 253 (Adj. Sess.), § 7; 1979, No. 3, retroactive to July 1, 1978.

Chapter 73 Conservation and Management of Forest Land

Subchapter 1 Forest Conservation by Landowners

§§ 2051-2055 Repealed

[Repealed]

1977, No. 253 (Adj. Sess.), § 7, 1979, No. 3, retroactive to July 1, 1978.

Subchapter 2 Forests and Maple Orchards

§§ 2081-2116 Repealed

[Repealed]

1977, No. 253 (Adj. Sess.), § 7; 1979, No. 3, retroactive to July 1, 1978.

Subchapter 3 Nursery Inspection

§§ 2151-2158 Repealed

[Repealed]

1977, No. 253 (Adj. Sess.), § 7; 1979, No. 3, retroactive to July 1, 1978.

Subchapter 4 Forest Fires

§§ 2191-2215 Repealed

[Repealed]

1977, No. 253 (Adj. Sess.), § 7; 1979, No. 3, retroactive to July 1, 1978.

Subchapter 5 Forest Resource Advisory Council

§§ 2221-2226 Repealed

[Repealed]

2009, No. 135 (Adj. Sess.), § 26(3)(F).

Chapter 75 State, National and Municipal Forests

§§ 2251-2304 Repealed

[Repealed]

1977, No. 253 (Adj. Sess.), § 7; 1979, No. 3, retroactive to July 1, 1978.

Chapter 77 Camel's Hump State Park and Camel's Hump Forest Reserve

§ 2351 Creation

(a) All lands in the Camel’s Hump region extending from Route 17 north to the Winooski River and from the Huntington River to the Mad River, are hereby declared to make up the Camel’s Hump Forest Reserve.

(b) All lands owned by the State in the Camel’s Hump Forest Reserve shall be known as Camel’s Hump State Park.

(Added 1969, No. 71, § 3.)

§ 2352 Administration

The park shall be under the administration of the Department of Forests, Parks and Recreation.

(Added 1969, No. 71, § 3.)

§ 2353 Use districts

In the establishment of the Forest Reserve and administration of the Park, three districts shall be designated as follows:

(1) One area shall be designated as the ecological area to protect scarce and rare plants, to preserve the natural habitat, and to maintain the wilderness aspect. This area will extend from approximately 2,500 feet m.s.l. to the summit, and from 900 feet m.s.l. to 2,500 feet m.s.l. in the Gleason Brook drainage.

(2) A timber management and wildlife area shall be designated to produce forest products, to protect the ecological area, to encourage wildlife habitat, and to preserve the natural appearance of the region as seen from surrounding areas. This area will extend approximately from 1,800 feet m.s.l. to 2,500 feet m.s.l. except within the Gleason Brook drainage basin as indicated in subdivision (1) of this section. Uses of this area will include sustained production of timber, water conservation, wildlife management, hunting, hiking, cross-country skiing, and nature appreciation.

(3) The balance of the land within the Reserve shall be designated as a multiple-use area. Uses of this area shall include farming, vacation, and permanent residences in addition to those enumerated in the timber management area.

(Added 1969, No. 71, § 3; amended 1973, No. 28.)

§ 2353a Permitted uses

In addition to the uses stipulated in the three districts enumerated in section 2353 of this title, the Department of Forests, Parks and Recreation may establish other permitted uses in conjunction with the development and adoption of a comprehensive management plan for the Camel’s Hump State Park. Due consideration shall be given to the relationship and compatibility of such permitted uses with the purposes established for each of the three districts.

(Added 1975, No. 51, § 1, eff. April 15, 1975; amended 1993, No. 7, § 1.)

§ 2354 Repealed

[Repealed]

1993, No. 7, § 2.

Chapter 79 Forest Pest Control

§§ 2401-2410 Repealed

[Repealed]

1977, No. 253 (Adj. Sess.), § 7; 1979, No. 3, retroactive to July 1, 1978.

Chapter 81 Northeastern Forest Fire Protection Compact

Subchapter 1 Provisions Relating to Forest Fire Protection Compact

§ 2461 Payment of fire fighting expense

Whenever fire fighters or equipment, or both, are called from without the State to fight a forest fire or fires within this State, payment of the expense incurred therefor shall be made by the Commissioner of Finance and Management directly to the state from which came such fire fighters or equipment, or both, upon presentation to the Commissioner of Finance and Management by the Commissioner of Forests, Parks and Recreation of proper vouchers covering such expense, the funds for such payment to be taken from the appropriation for forest fire suppression.

(1959, No. 328 (Adj. Sess.), § 8; amended 1971, No. 145 (Adj. Sess.), § 1; 1983, No. 195 (Adj. Sess.), § 5(b).)

§ 2462 Mutual aid compact

(a) The Commissioner of Forests, Parks and Recreation may enter into agreements with the federal government and other states outside the Northeastern Forest Fire Protection Compact to provide and accept assistance, including training of personnel, for the purpose of mutual fire protection. Any employee of the Department of Forests, Parks and Recreation assigned to fire control duties or training programs outside this State shall be considered to be working in this State for purposes of compensation and any other employee benefits.

(b) The Commissioner of Forests, Parks and Recreation may not enter into any agreement under this section that supersedes or conflicts with sections 2501 through 2515 of this title.

(Added 1971, No. 145 (Adj. Sess.), § 2.)

Subchapter 2 Northeastern Forest Fire Protection Compact

§ 2501 Purpose—Article I

The purpose of this compact is to promote effective prevention and control of forest fires in the northeastern region of the United States and adjacent areas in Canada by the development of integrated forest fire plans, by the maintenance of adequate forest fire fighting services by the member states, by providing for mutual aid in fighting forest fires among the states of the region and for procedures that will facilitate such aid, and by the establishment of a central agency to coordinate the services of member states and perform such common services as member states may deem desirable.

§ 2502 Effective date; new member states—Article II

This agreement shall become operative immediately as to those states ratifying it whenever any two or more of the states of Maine, New Hampshire, Vermont, Rhode Island, Connecticut, New York, and the Commonwealth of Massachusetts have ratified it and the Congress has given its consent. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact. Subject to the consent of the Congress of the United States, any province of the Dominion of Canada which is contiguous with any member state may become a party to this compact by taking such action as its laws and the laws of the Dominion of Canada may prescribe for ratification. In this event, the term “state” in this compact shall include within its meaning the term “province” and the procedures prescribed shall be applied in the instance of such provinces, in accordance with the forms and practices of the Canadian government.

§ 2503 Commission; membership—Article III

Each state joining herein shall appoint three representatives to a commission hereby designated as the Northeastern Forest Fire Protection Commission. One shall be the state forester or officer holding an equivalent position in such state who is responsible for forest fire control. The second shall be a member of the legislature of such state designated by the commission or committee on interstate cooperation of such state, or if there be none, or if said commission on interstate cooperation cannot constitutionally designate the said member, such legislator shall be designated by the governor thereof; provided that if it is constitutionally impossible to appoint a legislator as a commissioner from such state, the second member shall be appointed by the governor of said state in his or her discretion. The third member shall be a person designated by the governor as the responsible representative of the governor. In the event that any province of the Dominion of Canada shall become a member of this Commission, it shall designate three members who will approximate this pattern of representation to the extent possible under the law and practices of such province. This Commission shall be a body corporate with the powers and duties set forth herein.

§ 2504 Powers and duties of Commission—Article IV

It shall be the duty of the Commission to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about the prevention and control of forest fires in the area comprising the member states, to coordinate the forest fire plans and the work of the appropriate agencies of the member states and to facilitate the rendering of aid by the member states to each other in fighting forest fires.

The Commission shall formulate and, in accordance with need, from time to time, revise a regional forest fire plan for the entire region covered by the compact which shall serve as a common forest fire plan for that area.

The Commission shall, more than one month prior to any regular meeting of the legislature in any signatory state, present to the governor and to the legislature of the state its recommendations relating to enactments to be made by the legislature of that state in furthering the interests and purposes of this compact.

The Commission shall consult with and advise the appropriate administrative agencies of the states party hereto with regard to problems connected with the prevention and control of forest fires and recommend the adoption of such regulations as it deems advisable.

The Commission shall have power to recommend to the signatory states any and all measures that will effectuate the prevention and control of forest fires.

§ 2505 Common services—Article V

Any two or more member states may designate the Northeastern Forest Fire Protection Commission as a joint agency to maintain such common services as those states deem desirable for the prevention and control of forest fires. Except in those cases where all member states join in such designation for common services, the representatives of any group of such designating states in the Northeastern Forest Fire Protection Commission shall constitute a separate section of such commission for the performance of the common service or services so designated provided that, if any additional expense is involved, the states so acting shall appropriate the necessary funds for this purpose. The creation of such a section as a joint agency shall not affect the privileges, powers, responsibilities or duties of the states participating therein as embodied in the other articles of this compact.

§ 2506 Cooperation with U.S. Forest Service—Article VI

The Commission may request the U.S. Forest Service to act as the primary research and coordinating agency of the Northeastern Forest Fire Protection Commission, in cooperation with the appropriate agencies in each state and the U.S. Forest Service may accept the initial responsibility in preparing and presenting to the Commission its recommendations with respect to the regional fire plan. Representatives of the U.S. Forest Service may attend meetings of the Commission and of groups of member states.

§ 2507 Officers and employees; rules; annual meetings; quorum; sections—Article VII

The Commission shall annually elect from its members a chair and a vice chair. The Commission shall appoint such officers or employees as may be required to carry the provisions of this compact into effect, shall fix and determine their duties, qualifications and compensation, and may at its pleasure, remove or discharge any such officer or employee. The Commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place but must meet at least once a year.

A majority of the members of the Commission representing a majority of the signatory states shall constitute a quorum for the transaction of its general business, but no action of the Commission imposing any obligation on any signatory state shall be binding unless a majority of the members from such signatory state shall have voted in favor thereof. For the purpose of conducting its general business, voting shall be by state units.

The representatives of any two or more member states, upon notice to the Chairman as to the time and purpose of the meeting, may meet as a section for the discussion of problems common to those states.

Sections established by groups of member states shall have the same powers with respect to officers, employees and the maintenance of offices as are granted by this article to the Commission. Sections may adopt such rules, regulations, and procedures as may be necessary for the conduct of their business.

§ 2508 Forest fire plan; aid to member—Article VIII

It shall be the duty of each member state to formulate and put in effect a forest fire plan for that state and to take such measures as may be recommended by the Commission to integrate such forest fire plan with the regional forest fire plan.

Whenever the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combatting, controlling or preventing forest fires, it shall be the duty of the state forest fire control agency of that state to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home.

Each signatory state agrees to render aid to the forest service or other agencies of the government of the United States in combatting, controlling or preventing forest fires in areas under their jurisdiction located within the member state or a contiguous member state.

§ 2509 Status of persons rendering aid; liability; reimbursement; compensation and death benefits—Article IX

Whenever the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of such state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid.

No member state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.

All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of employees and equipment incurred in connection with such request. Provided, that nothing herein contained shall prevent any assisting member state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving member state without charge or cost.

Each member state shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.

For the purposes of this compact the term employee shall include any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws thereof.

The Commission shall formulate procedures for claims and reimbursement under the provisions of this article.

Aid by a member state to an area subject to federal jurisdiction beyond the borders of such state shall not be required under this compact unless substantially the same provisions of this article relative to powers, liabilities, losses and expenses in connection with such aid are embodied in federal laws.

§ 2510 Allocation of costs; budget; records; reports—Article X

When appropriations for the support of this Commission or for the support of common services maintained by the Commission or a section thereof under the provisions of Article V are necessary, the Commission or section thereof shall allocate the costs among the states affected with consideration of the amounts of forested land in those states that will receive protection from the service to be rendered and the extent of the forest fire problem involved in each state, and shall submit its recommendations accordingly to the legislatures of the affected states.

The Commission shall submit to the governor of each state, at such time as he or she may request, a budget of its estimated expenditures for such period as may be required by the laws of such state for presentation to the legislature thereof.

The Commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time to the inspection of such representatives of the respective signatory states as may be duly constituted for that purpose.

On or before the first day of December of each year, the Commission shall submit to the respective governors of the signatory states a full and complete report of its activities for the preceding year.

§ 2511 Advisory committee—Article XI

The representatives from any member state may appoint and consult with an advisory committee composed of persons interested in forest fire protection.

The Commission may appoint and consult with an advisory committee of representatives of all affected groups, private and governmental.

§ 2512 Donations, gifts, grants—Article XII

The Commission may accept any and all donations, gifts and grants of money, equipment, supplies, materials and services from the federal or any local government, or any agency thereof and from any person, firm or corporation, for any of its purposes and functions under this compact, and may receive and utilize the same subject to the terms, conditions and regulations governing such donations, gifts and grants.

§ 2513 Limitation; responsibility of member; construction—Article XIII

Nothing in this compact shall be construed to authorize or permit any member state to curtail or diminish its forest fire fighting forces, equipment, services or facilities, and it shall be the duty and responsibility of each member state to maintain adequate forest fire fighting forces and equipment to meet normal demands for forest fire protection within its borders.

Nothing in this compact shall be construed to limit or restrict the powers of any state ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in such prevention, control and extinguishment in such state.

Nothing in this compact shall be construed to affect any existing or future cooperative relationship or arrangement between the U.S. Forest Service and a member state or states.

§ 2514 Duration—Article XIV

This compact shall continue in force and remain binding on each state ratifying it until the legislature or the governor of such state takes action to withdraw therefrom. Such action shall not be effective until six months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.

§ 2515 Intercompact liability—Article XV

The provisions of Article IX of this compact that relate to mutual aid in combating, controlling, or preventing forest fires shall be operative as between any state party to this compact and any other state that is party to a regional forest fire protection compact in another region provided that the legislature of such other state shall have given its assent to the mutual aid provisions of this compact.

(Added 2015, No. 171 (Adj. Sess.), § 13.)

Chapter 82 Vermont Forest Future Strategic Roadmap

§ 2531 Vermont Forest Future Strategic Roadmap

(a) Creation. The Commissioner of Forests, Parks and Recreation shall create the Vermont Forest Future Strategic Roadmap to strengthen, modernize, promote, and protect the forest products sector in Vermont. The Commissioner of Forests, Parks and Recreation may contract with a qualified contractor for the creation of the Vermont Forest Future Strategic Roadmap. During the contract proposal process, the Commissioner of Forests, Parks and Recreation shall seek a proposal to complete the Vermont Forest Future Strategic Roadmap from the Vermont Sustainable Jobs Fund.

(b) Intended outcomes. The intended outcomes of the Vermont Forest Future Strategic Roadmap are to:

(1) increase sustainable economic development and jobs in Vermont’s forest economy;

(2) promote ways to expand the workforce and strengthen forest product enterprises in order to strengthen, modernize, promote, and protect the Vermont forest economy into the future;

(3) promote the importance of healthy, resilient, and sustainably managed working forests that provide a diverse array of high-quality products now and in the future; and

(4) identify actionable strategies designed to strengthen, modernize, promote, and protect the forest products sector in Vermont, including opportunities for new product development, opening new markets for Vermont forest products, adopting modern manufacturing processes, and utilizing new ways to market Vermont forest products.

(c) Strategic Roadmap content. In developing the Vermont Forest Future Strategic Roadmap, the Commissioner of Forests, Parks and Recreation or the relevant contractor shall:

(1) review all existing data, plans, and industry-level research completed over the past 10 years, including the Working Lands Enterprise Fund’s Forest Sector Systems Analysis, and identify any recommendations in those reports in order to build upon previous efforts;

(2) identify infrastructure investment and funding to support and promote Vermont forest products enterprises;

(3) identify regulatory barriers and propose policy recommendations to support and strengthen the Vermont forest economy;

(4) identify opportunities for all State agencies to engage with and enhance the Vermont forest products sector, including the Department of Buildings and General Services, the Agency of Commerce and Community Development, the Department of Tourism and Marketing, the Agency of Education, the Agency of Transportation, the Department of Public Service, the Agency of Natural Resources, the Department of Financial Regulation, and the Department of Labor;

(5) develop recommendations to support education and training of the current and future workforce of the Vermont forest products sector;

(6) propose alternatives for the modernization of transportation and regulation of Vermont forest products enterprises, including modernization of local and State permits;

(7) identify methods or programs that Vermont forest enterprises can utilize to access business assistance services;

(8) recommend how to maintain access by Vermont forest products enterprises to forestland and how to maintain the stewardship and conservation of Vermont forests as a whole;

(9) propose methods to enhance market development and manufacturing by Vermont forest products enterprises, including value chain coordination and regional partnerships;

(10) recommend consumer education and marketing initiatives; and

(11) recommend how to clarify the roles of various public entities and nongovernmental organizations that provide certain services to the forestry sector and to ensure coordination and alignment of those functions in order to advance and maximize the strength of the forest products industry.

(d) Process for development of Vermont Forest Future Strategic Roadmap.

(1) The Commissioner of Forests, Parks and Recreation or relevant contractor shall develop the Vermont Forest Future Strategic Roadmap and all subsequent revisions through the use of a public stakeholder process that includes and invites participation by interested parties representing all users of Vermont’s forests, including representatives of forest products enterprises, State agencies, investors, forestland owners, recreational interests, loggers, foresters, truckers, sawmills, firewood processors, wood products manufacturers, education representatives, and others.

(2) The Commissioner of Forests, Parks and Recreation, in collaboration with forest products sector stakeholders, shall review the Strategic Roadmap periodically and shall update the Strategic Roadmap at least every 10 years.

(e) Advisory panel; administration.

(1) The Commissioner of Forests, Parks and Recreation or relevant contractor shall convene the Vermont Forest Future Strategic Roadmap advisory panel to review and counsel in the development and implementation of the Vermont Forest Future Strategic Roadmap. The advisory panel shall include representatives of forest products enterprises, State agencies, investors, forestland owners, foresters, loggers, truckers, wood products manufacturers, recreational specialists, education representatives, trade organizations, and other partners as deemed appropriate. The Commissioner of Forests, Parks and Recreation shall select representatives to the advisory panel.

(2) The Commissioner of Forests, Parks and Recreation or relevant contractor may seek grants or other means of assistance to support the development and implementation of the Vermont Forest Future Strategic Roadmap.

(Added 2021, No. 183 (Adj. Sess.), § 43, eff. July 1, 2022.)

Chapter 83 Department of Forests, Parks and Recreation

Subchapter 1 General Provisions

§ 2600 Findings

The General Assembly finds that:

(1) Private and public forestlands:

(A) constitute unique and irreplaceable resources, benefits, and values of statewide importance;

(B) contribute to the protection and conservation of wildlife habitat, air, water, and soil resources of the State;

(C) mitigate the effects of climate change; and

(D) benefit the general health and welfare of the people of the State.

(2) The forest products industry, including maple sap collection:

(A) is a major contributor to and is valuable to the State’s economy by providing jobs to its citizens;

(B) is essential to the manufacture of forest products that are used and enjoyed by the people of the State; and

(C) benefits the general welfare of the people of the State.

(3) Private and public forestlands are critical for and contribute significantly to the State’s outdoor recreation and tourism economies.

(4) Forestry operations are adversely affected by the encroachment of urban, commercial, and residential land uses throughout the State that result in forest fragmentation and conversion and erode the health and sustainability of remaining forests.

(5) As a result of encroachment on forests, conflicts have arisen between traditional forestry land uses, and urban, commercial, and residential land uses convert forestland permanently to other uses, resulting in an adverse impact to the economy and natural environment of the State.

(6) The encouragement, development, improvement, and preservation of forestry operations will result in a general benefit to the health and welfare of the people of the State and the State’s economy.

(7) The forest products industry, in order to survive, likely will need to change, adopt new technologies, and diversify into new products.

(Added 2015, No. 171 (Adj. Sess.), § 1.)

§ 2601 Policy and purposes

(a) The conservation of the forests, timberlands, woodlands, and soil and recreational resources of the State are hereby declared to be in the public interest. It is the policy of the State to encourage economic management of its forests and woodlands, to sustain long-term forest health, integrity, and productivity, to maintain, conserve, and improve its soil resources, and to control forest pests to the end that forest benefits, including maple sugar production, are preserved for its people, floods and soil erosion are alleviated, hazards of forest fires are lessened, its natural beauty is preserved, its wildlife is protected, the development of its recreational interests is encouraged, the fertility and productivity of its soil are maintained, the impairment of its dams and reservoirs is prevented, its tax base is protected, and the health, safety, and general welfare of its people are sustained and promoted.

(b) The Department shall implement the policies of this chapter by assisting forestland owners and lumber operators in the cutting and marketing of forest growth, encouraging cooperation between forest owners, lumber operators, and the State of Vermont in the practice of conservation and management of forestlands, managing, promoting, and protecting the multiple use of publicly owned forestlands and park lands; planning, constructing, developing, operating, and maintaining the system of State parks; determining the necessity of repairs and replacements to all Department-owned buildings and causing urgent repairs and replacements to be accomplished, with the approval of the Secretary of Administration, if within the limits of specific appropriations or if approved by the Emergency Board; and providing advice and assistance to municipalities, other political subdivisions, State departments, and nongovernmental organizations in the development of wholesome and adequate community or institutional recreation programs.

(c) The Commissioner shall implement the policy established under this section when construing the provisions of this chapter related to the management of forestlands and the construction of chapters 85 and 87 of this title.

(Added 1977, No. 253 (Adj. Sess.), § 1; amended 1993, No. 233 (Adj. Sess.), § 44, eff. June 21, 1994; 2015, No. 171 (Adj. Sess.), § 2.)

§ 2602 Definitions

As used in this chapter:

(1) “Agency” means the Agency of Natural Resources as created by 3 V.S.A. chapter 51.

(2) “Department” means the Department of Forests, Parks and Recreation within the Agency of Natural Resources.

(3) “Commissioner” means the Commissioner of Forests, Parks and Recreation.

(4) “Secretary” means the Secretary of Natural Resources.

(5) “Forest product” mean logs; pulpwood; veneer; bolt wood; wood chips; stud wood; poles; pilings; biomass; fuel wood; maple sap; or bark.

(6) “Forestry operation” means activities related to the management of forests, including a timber harvest; pruning; planting; reforestation; pest, disease, and invasive species control; wildlife habitat management; and fertilization. “Forestry operation” includes the primary processing of forest products of commercial value on a parcel where the timber harvest occurs.

(7) “Timber” means trees, saplings, seedlings, bushes, shrubs, and sprouts from which trees may grow, of every size, nature, kind, and description.

(8) “Timber harvest” means a forestry operation involving the harvest of timber.

(Added 1977, No. 253 (Adj. Sess.), § 1; amended 1987, No. 76, § 18; 2015, No. 171 (Adj. Sess.), § 3.)

§ 2603 Powers and duties: Commissioner

(a) The Department shall be under the direction and supervision of a Commissioner appointed by the Secretary as provided in 3 V.S.A. § 2851. In addition to the duties and powers provided under this chapter, the Commissioner shall have the powers and duties specified in 3 V.S.A. § 2852 and such additional duties as may be assigned to the Commissioner by the Secretary under 3 V.S.A. § 2853. The Commissioner shall implement the policy and purposes specified in section 2601 of this title where appropriate and to the extent that resources of the Department permit.

(b) The Commissioner shall manage and plan for the use of publicly owned forests and park lands in order to implement the policy and purposes of this chapter; promote and protect the natural, productive, and recreational values of such lands; and provide for multiple uses of the lands in the public interest. The Commissioner may sell forest products and other resources on public lands and shall administer the State park system and a community recreation program as is in the best interests of the State and is consistent with the purposes and policies of this chapter.

(c)(1) The Commissioner, subject to the direction and approval of the Secretary, shall adopt and publish rules in the name of the Agency for the use of State forests, or park lands, including reasonable fees or charges for the use of the lands, roads, camping sites, buildings, and other facilities and for the harvesting of timber or removal of minerals or other resources from such lands, notwithstanding 32 V.S.A. § 603.

(2) The Commissioner of Forests, Parks and Recreation shall be permitted to temporarily (not to exceed one season per project) adjust fees and charges at any area for the purpose of bona fide scientific research.

(3) Notwithstanding subdivision (1) of this subsection, the Commissioner of Forests, Parks and Recreation shall be permitted to develop State park services, promotional programs, and vacation or special event packages and adjust rates and fees for those services and packages to promote the park system or increase campground occupancy.

(4) Fees charged under this section shall be reported in accordance with 32 V.S.A. § 605.

(d) The Commissioner or designee shall be the State fire warden and may act as, and in place of, the fire warden of any municipality as provided under subchapter 4 of this chapter.

(e) The provisions of this section shall not be construed to allow the Commissioner to grant oil and gas leases.

(f) Associations of amateur radio operators licensed as such by the U.S. Federal Communications Commission shall not be required to pay a fee or other charge as provided by subsection (c) of this section, as a condition of either a lease or a sublease of State property executed under this title, for access to mountaintop electronic sites designated as such in conformance with policy of the Secretary of Natural Resources, except that each such association shall by January 1 annually pay a $ 25.00 access fee and submit to the Commissioner at that time a list of the association’s current membership.

(g) The Department of Environmental Conservation Facilities Engineering Section:

(1) may execute and consult on design for the Department of Forests, Parks and Recreation;

(2) shall provide professional engineering services for compliance with environmental operating permits; and

(3) shall be the custodian of all plans of record for work executed by the Department of Forests, Parks and Recreation, regardless of the source and designer of record.

(h) All interest accrued from bonds deposited in the Agency Fund and forfeited bonds in the Agency Fund for the Department of Forests, Parks and Recreation’s timber management program may be transferred annually by the Commissioner, with the approval of the Commissioner of Finance and Management, to the Natural Resources Management Fund.

(Added 1977, No. 253 (Adj. Sess.), § 1; amended 1981, No. 240 (Adj. Sess.), § 3, eff. April 28, 1982; 1991, No. 83; 1999, No. 49, § 157; 2001, No. 149 (Adj. Sess.), § 89, eff. June 27, 2002; 2009, No. 146 (Adj. Sess.), § B14; 2011, No. 63, § E.704.1; 2015, No. 23, § 99; 2023, No. 162 (Adj. Sess.), § 12, eff. June 6, 2024.)

§ 2604 Repealed

[Repealed]

2009, No. 135 (Adj. Sess.), § 26(4)(A).

§ 2605 Governor’s Council on Physical Fitness and Sports

(a) The Governor’s Council on Physical Fitness and Sports is created within the Department of Forests, Parks and Recreation, to be composed of 20 members with appropriate interests and representing the various geographical areas of the State. The members shall be appointed by the Governor for staggered terms of two years expiring on March 31 in the appropriate year. The Governor may reappoint any person who has served or is serving as a member of the Council. The Governor shall appoint a member of the Council to serve as chair, and the Council shall elect other officers as needed. The Council shall meet annually and at the call of the Chair.

(b) In order to promote physical fitness, the Council shall have the responsibility to:

(1) develop, foster, and coordinate services and programs of physical fitness for the people of Vermont;

(2) sponsor physical fitness and sports workshops, clinics, conferences, and other similar activities;

(3) give recognition to outstanding developments and achievements in, and contributions to, physical fitness and sports;

(4) stimulate physical fitness research;

(5) collect and disseminate physical fitness and sports information and initiate advertising campaigns promoting physical fitness and sports;

(6) upon request assist schools to develop health and physical fitness programs for students;

(7) encourage local governments and communities to develop local physical fitness programs;

(8) encourage the private sector to develop programs for promotion of personal health and physical fitness;

(9) enlist the support of individuals, civic groups, amateur professional sports associations, and other organizations to promote and improve physical fitness and sports programs;

(10) promote the development of a program of statewide amateur athletic competition to be known as the Green Mountain State Games. The Games shall be designed to encourage the participation of athletes representing a broad range of age groups, skill levels, and Vermont communities in a variety of activities. Participants shall be residents of this State. Regional competitions shall be held throughout the State, and the top qualifiers in each sport shall proceed to the final competitions to be held at a site in the State with the necessary facilities and equipment for conducting the competitions. The frequency of the Games shall be determined by the Council.

(c) The Council may accept grants, gifts, and bequests and enter into contracts to carry out the purposes of this section.

(Added 1985, No. 173 (Adj. Sess.), § 1.)

§ 2606 Acceptance of gifts; exchange, purchase, or lease of lands

(a) The Commissioner, with the approval of the Governor, may accept gifts of land or interests in land to the State, or may purchase land or interests in land in the name of the State to be held and administered as State forests, State parks, easement interests, or as interests supporting the management and use of such lands and interests.

(b) Notwithstanding 29 V.S.A. § 166, with the approval of the General Assembly, which may be granted by resolution, the Commissioner may sell, convey, exchange, or lease lands, or interests in land, or may amend deeds, leases, and easement interests, under his or her jurisdiction when in his or her judgment it is advantageous to the State to do so in the highest orderly development and management of State forests, State parks, or other interests in land.

(c) The Commissioner, with the approval of the Governor, may lease mine, quarry, or other resource sites or rights as may be discovered on State forest or State park lands unconditionally owned by the State.

(d) The Commissioner, with the approval of the Governor, may lease for a term of years, or otherwise, such lands as he or she deems necessary for the protection of State forest or State park lands or for use by the State in connection therewith.

(e) The provisions of this section shall not be construed to allow the Commissioner to grant oil and gas leases.

(Added 1977, No. 253 (Adj. Sess.), § 1; amended 1981, No. 240 (Adj. Sess.), § 4, eff. April 28, 1982; 1997, No. 148 (Adj. Sess.), § 70, eff. April 29, 1998; 2017, No. 89 (Adj. Sess.), § 1, eff. Feb. 28, 2018.)

§ 2606a Mountaintop use as communications sites

(a) State policy. It is hereby adopted as State policy to permit limited use of designated State-owned land under the jurisdiction of the Department for electronic communications broadcasting by both public and private entities. Use of the designated sites shall be in compliance with the policy set forth herein under the management of government and private users of the mountaintops. This policy implementation has the objectives of:

(1) protecting State-owned mountaintops from the development of new communications facilities that have a significant adverse environmental impact;

(2) protecting mountaintop communication signals from interference by existing or subsequent users; and

(3) maximizing use of limited mountaintop facilities through consolidation of equipment, efficient development and economic management of each site.

(b) Specific sites.

(1) Mountaintop designation. The State-owned mountaintops to which this section shall apply are: Ascutney Mountain North Peak and Ascutney Mountain South Peak, Burke Mountain, Okemo Mountain, and Killington Mountain.

(2)-(5) [Repealed.]

(Added 1993, No. 233 (Adj. Sess.), § 63, eff. June 21, 1994; amended 1995, No. 185 (Adj. Sess.), § 10d, eff. May 22, 1996; 2009, No. 135 (Adj. Sess.), § 4; 2009, No. 135 (Adj. Sess.), § 26(4)(B).)

§ 2606b License of forestlands for maple sugar production

(a) The General Assembly finds and declares that:

(1) Maple sugaring is an important cultural tradition of Vermont life that should be maintained and encouraged.

(2) Maple sugaring is an important component of the agricultural and forest products economy in Vermont and is increasingly necessary for farmers that must diversify in order to continue to farm in Vermont.

(3) Maple sugaring is a sustainable use of forestland.

(4) State forestland should be managed and used for multiple uses, including maple sugar production.

(b) It is hereby adopted as State policy to permit limited use of designated State-owned land under the jurisdiction of the Department for maple sugar production.

(c) Pursuant to guidelines developed by the Department of Forests, Parks and Recreation, in consultation with the Vermont Maple Sugar Makers’ Association, the Department may issue licenses for the use of State forestland for the tapping of maple trees, the collection of maple sap, and the transportation of such sap to a processing site located off State forestland or to sites located on State forestland if approved by the Commissioner. All tapping of maple trees authorized under a license shall be conducted according to the guidelines for tapping maple trees established by the Department of Forests, Parks and Recreation, in consultation with the Vermont Maple Sugar Makers’ Association. Each person awarded a license under this section shall maintain and repair any road, water crossing, or work area according to requirements set by the Department in the license. Each license shall include such additional terms and conditions set by the Department as may be necessary to preserve forest health and to ensure compliance with the requirements of this chapter and applicable rules. A license shall be issued for a fixed term not to exceed five years and shall be renewable for two five-year terms subsequent to the initial license. Subsequent renewals shall be allowed where agreed upon by the Department and the licensee. The Department shall have power to terminate or modify a license for cause, including damage to forest health.

(d) The Commissioner may adopt rules to implement the requirements of this section.

(e) There is hereby established the Maple Advisory Board to provide the Commissioner of Forests, Parks and Recreation with guidance on licensing of State forestland for maple sugar production, including identification of potential sites on State lands for licensure. The Board shall be composed of:

(1) Three employees of the Department of Forests, Parks and Recreation, appointed by the Commissioner.

(2) Three sugar makers, at least one of which is an independent sugar maker unaffiliated with an association, appointed by the Secretary of Agriculture, Food and Markets.

(3) One member of the Vermont Forest Products Association designated by the Association.

(4) One member of either the University of Vermont Proctor Maple Research Center or the University of Vermont Agricultural Extension Service, appointed by the Commissioner.

(f) A per tap license charge shall be imposed on the taps installed in the license area. The Commissioner shall establish this per tap license charge at a reasonable rate that reflects current market rates. Charges collected under this section shall be deposited in the Lands and Facilities Trust Fund established under 3 V.S.A. § 2807.

(g) [Repealed.]

(Added 2009, No. 21, § 1; amended 2015, No. 171 (Adj. Sess.), § 9.)

§ 2607 Natural areas; designation

(a) The Commissioner, with the approval of the Governor, may designate and set aside areas in the State forests and State parks as natural areas.

(b) “Natural areas” means limited areas of land that have retained their wilderness character, although not necessarily completely natural and undisturbed, or have rare or vanishing species of plant or animal life or similar features of interest that are worthy of preservation for the use of present and future residents of the State and may include unique ecological, geological, scenic, and contemplative recreational areas on State lands.

(c) Land uses and practices in natural areas shall be subject to regulations of the Department to carry out the purposes of this chapter to manage or maintain the areas for the preservation of their natural condition. Areas so designated may be removed from such designation only by approval of the Governor following public notice and hearing.

(Added 1977, No. 253 (Adj. Sess.), § 1.)

§ 2608 Enforcement; penalties; liability

Enforcement of the provisions of this chapter or rules adopted hereunder shall be in accordance with chapter 201 or 211 of this title.

(Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 4.)

§ 2609 Forest Parks Revolving Fund

There is hereby established in the State Treasury a fund to be known as the State Forest Parks Revolving Fund, to be administered by the Commissioner of Forests, Parks and Recreation from which payments may be made for the planning, design, development, operation, and maintenance of State parks.

There shall be deposited in said fund all monies that are received from State parks and forest recreational areas including those received from fees, leases, licenses, concessions, rentals, or sales, together with such sums as may be appropriated to said Fund by the Legislature. All balances in such Fund at the end of any fiscal year shall be carried forward and remain a part of such Fund.

(Added 1979, No. 13, § 45, retroactive to July 1, 1978.)

§ 2609a Income from lease of mountaintop communication sites

Annually on or before February 15, the Agency of Natural Resources shall submit a report to the Senate Committee on Natural Resources and Energy and the House Committees on Energy and Technology and on Natural Resources, Fish, and Wildlife containing an itemization of the income generated through the end of the previous fiscal year from the use of sites for communication purposes.

(Added 1995, No. 185 (Adj. Sess.), § 10b, eff. May 22, 1996; amended 2011, No. 139 (Adj. Sess.), § 8, eff. May 14, 2012; 2017, No. 113 (Adj. Sess.), § 44d.)

§ 2610 Relocation assistance; when required

(a) When the Department undertakes any project that results in the acquisition of real property subject to the provisions of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Pub. L. No. 91-646, 84 Stat. 1894 (1971), as amended, and as a result of that acquisition a person is displaced from his or her home, business, or farm, the Department shall provide relocation assistance and make relocation payments to the displaced person in compliance with the Federal Uniform Relocation Act.

(b) Payments made under this section shall not be deemed compensation for real property acquired or compensation for damages to remaining property.

(c) The Department may adopt rules necessary to administer the provisions of this section. Such rules shall be consistent with the Federal Uniform Relocation Act and applicable federal regulations.

(Added 1989, No. 5, eff. April 1, 1989.)

§ 2611 Vermont Youth Conservation Corps

(a) The Secretary of Natural Resources in cooperation with the Commissioner of Labor is hereby directed to develop and implement a youth work, education, and community service program to improve, restore, maintain, and conserve public buildings, lands, waters, and parks.

(b) The Vermont Youth Conservation Corps program may be offered throughout the year. It shall be the purpose of the program to provide economic, vocational, community service, and educational opportunities for Vermont youths. At least half of the youths enrolled in the program shall be disadvantaged.

(c) To effectuate the purposes of this section, the Secretary may:

(1) Employ a Vermont Youth Conservation Corps director or coordinator and the support staff necessary to direct, supervise, and implement the program.

(2) Subject to the limitations of 32 V.S.A. § 5, apply for and accept grants or contributions from funds from any public or private source.

(3) Purchase a policy of liability insurance for the benefit of the State, its employees, and enrollees while performing their official duties pursuant to the provisions of this section.

(4) Enter into an agreement with the Vermont Youth Conservation Corps, Inc. regarding the cooperative management and operation of the Youth Conservation Corps program.

(Added 1993, No. 153 (Adj. Sess.), § 1, eff. May 11, 1994; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)

§ 2612 Designation; Vermont Youth Conservation Corps, Inc

(a) The Vermont Youth Conservation Corps, Inc. is designated the organization in the State to accept federal and State funds and private donations for the purpose of developing and maintaining the Vermont Youth Conservation Corps program.

(b) The Vermont Youth Conservation Corps, Inc. and the Department of Forests, Parks and Recreation shall enter into a management agreement for the purpose of managing and operating the program.

(c) [Repealed.]

(Added 1993, No. 153 (Adj. Sess.), § 2, eff. May 11, 1994; amended 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.)

§ 2613 Abenaki place names in State parks

The Commissioner, before installing new signs or replacing existing signs in a State park, shall consult with the Vermont Commission on Native American Affairs to determine if there is an Abenaki name for any site within the park. If the Commission on Native American Affairs advises the Commissioner of an Abenaki name, the Abenaki name shall be displayed with the English name.

(Added 2019, No. 174 (Adj. Sess.), § 1, eff. Jan. 1, 2021.)

§ 2614 Mollie Beattie Distinguished Service Award

In commemoration of the centennial of the Vermont State Parks in the Department of Forests, Parks and Recreation and in honor of the conservation and public land accessibility values of the late former Commissioner of Forests, Parks and Recreation, Mollie Beattie, there is created the Mollie Beattie Distinguished Service Award. Annually, the Commissioner of Forests, Parks and Recreation shall present this award to either a current or former State employee or partner whose contributions honor the legacy of Mollie Beattie in advancing the conservation, accessibility, quality of recreational experience, or sustainability of Vermont’s public lands.

(Added 2025, No. 36, § 1, eff. July 1, 2025.)

Subchapter 2 Forest Conservation

§ 2621 Duties of owners

It shall be the duty of a landowner or operator of forestland, whether public or private, to manage, operate, and harvest forest crops that promote conditions favorable for regrowth consistent with the policies of this chapter. All forestland on which a lumbering operation is conducted should be left by the owner or operator in a favorable condition for regrowth by preserving trees of commercial species sufficient under normal conditions to maintain continuous forest growth or restocking so as to ensure continuous or successive forest crops. So far as practicable, all desirable seedlings and saplings should be protected during logging operations. When necessary, reforestation practices should be employed to ensure renewed forest growth after harvesting of forest crops.

(Added 1977, No. 253 (Adj. Sess.), § 1.)

§ 2622 Rules; harvesting timber; forests; acceptable management practices for maintaining water quality

(a) Silvicultural practices. The Commissioner shall adopt rules to establish methods by which the harvest and utilization of timber in private and public forestland will be consistent with continuous forest growth, including reforestation, will prevent wasteful and dangerous forestry practices, will regulate heavy cutting, will encourage good forestry management, will enable and assist landowners to practice good forestry management, and will conserve the natural resources consistent with the purposes and policies of this chapter, giving due consideration to the need to ensure continuous supplies of forest products and to the rights of the owner or operator of the land. The rules adopted under this subsection shall be advisory and not mandatory except that the rules adopted under section 2625 of this title for the regulation of heavy cutting shall be mandatory as shall other rules specifically authorized to be mandatory.

(b) Acceptable management practices. On or before July 1, 2016, the Commissioner shall revise by rule the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont. The revised acceptable management practices shall ensure that all logging operations, on both public and private forestland, are designed to: prevent or minimize discharges of sediment, petroleum products, and woody debris (logging slash) from entering streams and other bodies of water; improve soil health of forestland; protect aquatic habitat and aquatic wildlife; and prevent erosion and maintain natural water temperature. The purpose of the acceptable management practices is to provide measures for loggers, foresters, and landowners to utilize, before, during, and after logging operations, to comply with the Vermont Water Quality Standards and minimize the potential for a discharge from logging operations in Vermont in accordance with section 1259 of this title. The rules adopted under this subsection shall be advisory and not mandatory.

(Added 1977, No. 253 (Adj. Sess.), § 1; amended 1997, No. 15, § 1, eff. May 6, 1997; 2015, No. 64, § 49.)

§ 2622a Water Quality Assistance Program

(a) Creation of program. There is established the Water Quality Assistance Program under which the Commissioner of Forests, Parks and Recreation shall provide technical and financial assistance to timber harvesters and others for compliance with water quality requirements in the State. The Commissioner of Forests, Parks and Recreation shall coordinate with natural resources conservation districts in the implementation of the Program.

(b) Eligible assistance. Under the Program, the Commissioner of Forests, Parks and Recreation is authorized to expend monies for the following activities in order to facilitate compliance with water quality requirements:

(1) Award financial assistance in the form of grants to timber harvesters and others to purchase or construct skidder bridges and other equipment.

(2) Purchase premade skidder bridges and other equipment to loan or lease to timber harvesters and others.

(3) Purchase available, premade skidder bridges and other equipment and provide those bridges or equipment to cooperating processing plants for sale to timber harvesters and others at cost, subject to storage and handling fees.

(4) If premade skidder bridges are not available on the commercial market, issue in a calendar year two requests for proposal for the construction of skidder bridges for delivery to cooperating processing plants for sale to timber harvesters and others at cost, subject to storage and handling fees. The Commissioner shall issue one request for proposal for the northern part of the State and one request for proposal for the southern part of the State.

(c) Financial assistance. An applicant for a grant under this section shall pay at least 10 percent of the total cost of the equipment. The dollar amount of a State grant shall be equal to the total cost of the equipment, less 10 percent of the total as paid by the applicant. A grant awarded under this section shall be awarded in accordance with terms and conditions established by the Commissioner.

(d) Spill kit. The Commissioner shall provide a person who purchases, constructs, or loans out a skidder bridge under subsection (b) of this section with a spill kit for containing or absorbing fluids released during timber harvesting activities.

(Added 2017, No. 75, § 14, eff. June 12, 2017.)

§ 2622b Accident prevention and safety training for logging contractors

(a) Training Program. The Commissioner of Forests, Parks and Recreation shall develop a logging operations accident prevention and safety training curriculum and supporting materials to assist logging safety instructors in providing logging safety instruction. In developing the logging operations accident prevention and safety training curriculum and supporting materials, the Commissioner shall consult with and seek the approval of the training curriculum by the Workers’ Compensation and Safety Division of the Department of Labor.

(1) The accident prevention and safety training curriculum and supporting materials shall consist of an accident prevention and safety course that addresses the following:

(A) safe performance of standard logging practices, whether mechanized or nonmechanized;

(B) safe use, operation, and maintenance of tools, machines, and vehicles typically utilized and operated in the logging industry; and

(C) recognition of health and safety hazards associated with logging practices.

(2) The Commissioner shall make the accident prevention and safety training curriculum and supporting materials available to persons, organizations, or groups for presentation to individuals being trained in forest operations and safety.

(b) Request for proposal. The Commissioner shall prepare and issue a request for proposal to develop at least three course curriculums and associated training materials. The Commissioner may cooperate with any reputable association, organization, or agency to provide course curriculums and training required under this subsection.

(c) Certificate of completion. The Commissioner, any logging safety instructor, or a logger safety certification organization shall issue a certificate of completion to each person who satisfactorily completes a logging operations accident prevention and safety training program based on the curriculum developed under this section.

(Added 2019, No. 83, § 10.)

§ 2622c Financial assistance; logger safety; master logger certification; cost-share

(a) The Commissioner of Forests, Parks and Recreation annually shall award grants to the following entities in order to provide financial assistance to loggers for the purposes of improving logger safety and professionalism:

(1) to the Vermont Logger Education to Advance Professionalism (LEAP) program to provide financial assistance to logging contractors for the costs of logger safety training or continuing education in logger safety; and

(2) to the Trust to Conserve Northeast Forestlands for the purpose of annually paying for up to 50 percent, but not more than $1,500.00, of the costs of the initial certification of up to 10 logging contractors enrolled in the Master Logger Certification Program.

(b) The following costs to a logging contractor shall be eligible for assistance under the grants awarded under subsection (a) of this section:

(1) the costs of safety training, continuing education, or a loss prevention consultation;

(2) the costs of certification under the Master Logger Program administered by the Trust to Conserve Northeast Forestlands; or

(3) the costs of completion of a logging career technical education program.

(c) A grant awarded under this section shall pay up to 50 percent of the cost of an eligible activity.

(Added 2019, No. 83, § 10.)

§ 2623 Reports, management plans, and licensing

In order to implement the purpose and policies of this subchapter, the Commissioner may:

(1) Require the filing of an annual report by a mill operator covering timber products cut, lumber produced, and source of timber. Such report shall be in conformity with reports required by other agencies.

(2) Accept a management plan presented by a forest owner or operator as alternative to compliance with any rules issued under this subchapter. A plan, when approved by the Commissioner, shall be deemed to be in compliance with the regulations issued under this subchapter so long as the plan is complied with.

(3) Require the annual licensing and registration of portable sawmills, portable chip harvesters, and other similar portable forest product utilization systems. The operator receiving a license shall comply with all requirements stipulated for the operation of such equipment. Regulations relating to licensing requirements shall be adopted in accordance with 3 V.S.A. chapter 25.

(Added 1977, No. 253 (Adj. Sess.), § 1.)

§ 2624 Marked timber sales

(a) The Department of Forests, Parks and Recreation may provide marked timber to Vermont citizens for personal use at a reasonable price to be determined by the Secretary of Natural Resources.

(b) The Commissioner of Forests, Parks and Recreation may establish a firewood-for-homes program. As part of this program, the Commissioner shall designate areas of State-owned lands, situated at various locations throughout the State, that will be available to members of the general public for harvesting firewood for purposes of heating their own homes.

(Added 1979, No. 205 (Adj. Sess.), § 124, eff. May 9, 1980; amended 1987, No. 76, § 18; 2007, No. 192 (Adj. Sess.), § 6.003.)

§ 2625 Regulation of heavy cutting

(a) Definitions. For purposes of this section, the following definitions shall apply:

(1) “Acceptable growing stock” means a stem having a diameter of 4.5 inches or greater at breast height that has the potential of producing a sawlog product of a commercial species of any grade, now or in the future.

(2) “Heavy cut” means a harvest leaving a residual stocking level of acceptable growing stock below the C-line, as defined by the U.S. Department of Agriculture silvicultural stocking guides for the applicable timber type.

(3)(A) “Landowner” means a person or entity that owns or controls the land or the right to harvest timber or other wood products, including:

(i) an individual, partnership, corporation, association, unincorporated organization, trust, or other legal or commercial entity, including a joint venture or affiliated ownership;

(ii) a municipality or State agency;

(iii) individuals and entities affiliated with each other for profit, consideration, or any other beneficial interest derived from the harvest of timber or other wood products;

(iv) an individual’s parents, children, and spouse, unless the individual establishes that he or she will derive no profit or consideration, or acquire any other beneficial interest from the harvest of timber or other wood products by the parent, child, or spouse.

(B) The following individuals and entities shall be presumed not to be affiliated for the purpose of profit, consideration, or other beneficial interest within the meaning of this chapter, unless there is substantial evidence of an intent to evade the purposes of this chapter:

(i) a stockholder in a corporation shall be presumed not to be affiliated with others, solely on the basis of being a stockholder, if the stockholder and the stockholder’s spouse, parents, children, and siblings own, control, or have a beneficial interest in less than five percent of the outstanding shares in the corporation;

(ii) an individual shall be presumed not to be affiliated with others, solely for actions taken as an agent of another within the normal scope of duties of a court appointed guardian, a licensed attorney, real estate broker, or salesperson, engineer, land surveyor, forester, or retail or wholesale vendor of wood products, unless the compensation received or beneficial interest obtained as a result of these duties indicates more than an agency relationship;

(iii) a seller or chartered lending institution shall be presumed not to be affiliated with others, solely for financing all or a portion of the purchase price at rates not substantially higher than prevailing lending rates in the community, and subsequently granting a partial release of the security when the buyer harvests timber or other wood products;

(iv) a logging contractor shall be presumed not to be affiliated with others solely for conducting a harvest of timber or other wood products, while subject to supervision and control of a landowner, unless the logging contractor holds an ownership interest in the land or standing timber or is affiliated with others holding an ownership interest in the land or standing timber.

(b) Notice of intent to cut. The following landowners shall file a notice of intent to cut with a Department field forester at least 15 days before commencing a heavy cut:

(1) A landowner who intends to conduct a heavy cut of 40 acres, or more, on land owned or controlled by the landowner.

(2) A landowner who intends to conduct a heavy cut and has conducted heavy cuts on other lands owned or controlled by the landowner, within the five previous years:

(A) within a radius of 1,000 feet of the proposed harvest, so that the total acreage subjected to a heavy cut has exceeded or will exceed 40 acres; or

(B) within a radius of two miles of the proposed harvest, so that the acreage subjected to a heavy cut has exceeded or will exceed 80 acres.

(c) Exemptions. Upon the filing of a notice of intent to cut, a Department field forester shall determine that the cut is exempt, and that no further review is necessary, if one of the following apply:

(1) The landowner has filed the notice of intent to cut for informational purposes, even though the proposed harvest is not subject to regulation as a heavy cut under the provisions of this section.

(2) The landowner certifies that the proposed heavy cut is intended to carry out an agricultural conversion plan, and that the conversion will be completed and the land will be in agricultural production within five years.

(3) The landowner certifies that the proposed heavy cut is intended to carry out a conversion that is subject to regulation by a district environmental commission under chapter 151 of this title or by the Public Utility Commission under Title 30.

(4) The landowner certifies that the proposed heavy cut is consistent with one of the following:

(A) A forest management plan currently in effect and approved by the Department under the current use assessment program.

(B) A chip harvesting plan currently in effect and approved by the Department of Fish and Wildlife under a permit issued under 30 V.S.A. § 248.

(C) Another forest management plan currently in effect and approved by the Department under Department rules in effect at the time of approval of the plan.

(d) Authorization to proceed. If an exemption does not apply and the applicable fee has been paid, a Department field forester shall review the proposed heavy cut. If the proposal is in conformance with the applicable rules adopted by the Department, a Department field forester shall issue authorization to proceed. If the proposed heavy cut is not in conformance with the rules, authorization to proceed shall be denied and the proposed heavy cut shall be prohibited.

(e) Processing of a notice of intent to cut.

(1) Within 15 days of the filing of a notice of intent to cut, a Department field forester shall notify a landowner if a notice of intent is incomplete and more information is required in order to determine whether or not an exemption applies.

(2) Within 15 days of the filing of a complete notice of intent, a Department field forester:

(A) shall determine whether or not a proposed heavy cut is exempt; and

(B) in case a proposed heavy cut is not exempt, shall determine whether authorization to proceed shall be issued or denied; and

(C) shall notify the landowner, and any town in which the cut is proposed, of that determination or those determinations.

(3) If, within the relevant 15-day period, a Department field forester fails to make a determination regarding exemption or fails to request additional required information from a landowner, the proposed heavy cut shall be deemed to be exempt from the review requirements of this section. This exemption shall not relieve the landowner from conforming with the requirements of the approved management or chip harvesting plan, the proposed harvest plan described in the notice of intent to cut, or any applicable rules adopted by the Department.

(f) Appeals. If the exemption is denied or if authorization to proceed is denied, the landowner shall have 30 days in which to file an appeal with the Commissioner.

(1) Upon the filing of an appeal, the Commissioner may appoint a review team of natural resources professionals to visit the site, gather information about the proposed heavy cut, and make recommendations to the Commissioner. The Commissioner may also appoint a hearing officer to take sworn statements of the landowner, the review team, and other witnesses called by the landowner or the hearing officer, and make recommendations to the Commissioner.

(2) The Commissioner shall issue a decision in writing within 30 days of the receipt of an appeal.

(3) Appeals of the Commissioner’s decision shall be made in accordance with chapter 220 of this title.

(g) Rulemaking authority. The Commissioner shall adopt rules relating to heavy cutting subject to the notice of intent to cut requirements established by this section. The rules shall establish:

(1) Silvicultural guidelines and forestry standards.

(2) Requirements with respect to soil productivity, water quality, wetlands, riparian zones, significant wildlife habitat areas, unique or fragile areas, regeneration, scenic quality, and unusual environmental events such as those causing severe damage from wind, ice, disease, or insect infestation.

(3) Procedures relating to the filing and processing of a notice of intent to cut.

(h) Fees. There shall be a fee of $100.00 for filing a notice of intent to cut for a cut that is not exempt from review under the provisions of subsection (c) of this section and when a field review is required to assess the proposed cut. Fees paid for proposals that are later deemed to be entitled to an exemption shall be returned to the landowner. Fees shall be deposited into the environmental permit fund established under 3 V.S.A. § 2805.

(i) Applicability to public lands.

(1) The provisions of this section shall apply to heavy cuts on public lands, except that no heavy cut may occur on certain lands owned by the Agency of Natural Resources, unless the proposed heavy cut is included in the State’s management plan that has been adopted subsequent to a public review process.

(2) Any heavy cut on public lands shall be conducted in accordance with applicable rules adopted by the Commissioner.

(j) Enforcement. A violation of the provisions of this section or the rules adopted under this section, false certification under this section, and noncompliance with a harvesting plan or a management plan that constitutes an exemption to this section shall each constitute a violation as defined under chapter 201 of this title and shall be subject to enforcement under that chapter and under chapter 211 of this title.

(Added 1997, No. 15, § 3, eff. May 6, 1997; amended 2003, No. 115 (Adj. Sess.), § 45, eff. Jan. 31, 2005.)

Subchapter 3 State Nurseries

§§ 2631, 2632 Repealed

[Repealed]

1993, No. 233 (Adj. Sess.), § 47(a), eff. July 1, 1995.

Subchapter 4 Forest Fires and Fire Prevention

§ 2641 Town forest fire wardens; appointment and removal

(a) Upon approval by the selectboard and acceptance by the appointee, the Commissioner shall appoint a town forest fire warden for a term of five years or until a successor is appointed. A town forest fire warden may be reappointed for successive five-year terms by the Commissioner or until a successor is approved by the selectboard and appointed by the Commissioner. The warden may be removed for cause at any time by the Commissioner with the approval of the selectboard. A warden shall comply with training requirements established by the Commissioner.

(b) The Commissioner may appoint a forest fire warden for an unorganized town or gore, who shall serve for a term of five years or until a successor is appointed. An appointed forest fire warden for an unorganized town or gore may be reappointed for successive five-year terms by the Commissioner until the Commissioner appoints and the unorganized town or gore approves a successor. The warden may be removed for cause at any time by the Commissioner with the approval of the unorganized town or gore. The forest fire warden of an unorganized town or gore shall have the same powers and duties as town forest fire wardens and shall be subject to the requirements of this subchapter.

(c) When there are woodlands within the limits of a city, the chief of the fire department of such city shall act as the city forest fire warden with all the powers and duties of town forest fire wardens.

(d) When the Commissioner deems it difficult in any municipality for one warden to take charge of protecting the entire municipality from forest fires, he or she may appoint one or more deputy forest fire wardens. Such wardens under the direction of the fire warden shall have the same powers, duties, and pay and make the same reports through the fire warden to the Commissioner as forest fire wardens.

(e) The Commissioner may appoint special forest fire wardens who shall hold office during the pleasure of the Commissioner. Such fire wardens shall have the same powers and duties throughout the State as town forest fire wardens, except that all expenses and charges incurred on account of their official acts shall be paid from the appropriations for the Department.

(Added 1977, No. 253 (Adj. Sess.), § 1; amended 1987, No. 107, § 1; 2015, No. 171 (Adj. Sess.), § 11.)

§ 2642 Salary and compensation of town forest fire wardens

(a) The salary of a town forest fire warden shall be determined by the selectboard members for time spent in the performance of the duties of his or her office, which shall be paid by the town. In addition thereto, he or she shall receive from the Commissioner $30.00 annually for fulfilling the requirements of section 2645 of this title and keeping the required State records. He or she shall also receive from the Commissioner $30.00 per diem for attendance at each training required by the Commissioner. He or she shall also receive annually an amount of $10.00 for each fire report that is submitted by the forest fire warden under section 2644 of this title.

(b), (c) [Repealed.]

(Added 1977, No. 253 (Adj. Sess.), § 1; amended 1983, No. 195 (Adj. Sess.), § 5(b); 2015, No. 171 (Adj. Sess.), § 11.)

§ 2643 Town’s liability for suppression of forest fires; State aid

(a) A municipality in which a forest fire occurs shall pay the cost to suppress a forest fire that occurs on land that is not owned by the Agency of Natural Resources, including the costs of personnel and equipment. The Commissioner may, according to the Department fire suppression reimbursement policy, reimburse a municipality for all or a portion of the costs of suppressing a forest fire on land that is not owned by the Agency of Natural Resources.

(b) For the purpose of suppressing forest fires on lands owned by the Agency of Natural Resources, the State shall reimburse a town for all its forest fire suppression costs at a rate determined by the Commissioner according to the Department fire suppression reimbursement policy. If the total acreage of a forest fire is determined to be partially on land owned by the Agency of Natural Resources and partially on land owned by another party, the Commissioner shall, at a minimum, reimburse the town at a rate determined by the Commissioner according to the Department fire suppression reimbursement policy for costs incurred by the municipality on land owned by the Agency of Natural Resources.

(c) For any forest fire on lands owned by the Agency of Natural Resources to be considered eligible for reimbursement from the State, a town forest fire warden shall have reported the forest fire to the Commissioner within 14 days of extinguishment of the fire as required under section 2644 of this title. For reimbursement of fire suppression costs for forest fires on land owned by the Agency of Natural Resources, the town forest fire warden and the Commissioner or designee shall approve the costs before submission to the municipality for payment. The town forest fire warden may submit to the State on an annual basis a request for reimbursement of fire suppression costs on lands owned by the Agency of Natural Resources. The State shall reimburse a town for all applicable forest fire suppression costs when the reimbursement request is presented in a form approved by the Commissioner to the Commissioner by December 31 of each year.

(Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 11.)

§ 2644 Duties and powers of fire warden

(a) When a forest fire or fire threatening a forest is discovered in his or her town, the town forest fire warden shall enter upon any premises and take measures for its prompt control, suppression, and extinguishment. The town forest fire warden may call upon any person for assistance. The town forest fire warden may choose to share or delegate command authority to a chief engineer of a responding fire department or, in the chief’s absence, the highest ranking assistant firefighter present during the fire.

(b) A town forest fire warden shall keep a record of his or her acts, the number of fires and causes, the areas burned over, and the character and amount of damages done in the warden’s jurisdiction. Within two weeks after the extinguishment of a fire, the town forest fire warden shall report the fire to the Commissioner, but the making of a report under this subsection shall not be a charge against the town.

(c) [Repealed.]

(Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 11.)

§ 2645 Open burning; permits

(a) Except as otherwise provided in this section, a person shall not kindle or authorize another person to kindle a fire in the open air for the purpose of burning natural wood, brush, weeds, or grass without first obtaining permission from the town forest fire warden or deputy forest fire warden stating when and where such fire may be kindled. Wood, brush, weeds, or grass shall not be burned if they have been altered in any way by surface applications or injection of paints, stains, preservatives, oils, glues, or pesticides. Whenever such permission is granted, the fire warden, within 12 hours, shall issue a written “Permit to Kindle” for record purposes stating when and where such fire may be kindled.

(b) With the written approval of the Secretary, during periods of increased fire hazard, the Commissioner may notify town fire wardens that for a specified period no burning permits shall be issued. The fire wardens shall issue no permits during the specified period.

(c) The provisions of this section will not apply to:

(1) the kindling of a fire in a location where there is snow surrounding the open burning site;

(2) fires built in stone arches, outdoor fireplaces, or existing fire rings at State recreational areas or fires built in stone arches, outdoor fireplaces, or fire rings on private property that are not located within woodland, timberland, or a field containing dry grass or other flammable plant material contiguous to woodland;

(3) the kindling of a fire in a location that is 200 feet or more from any woodland, timberland, or field containing dry grass or other flammable plant material contiguous to woodland; or

(4) areas within cities maintaining a fire department.

(d)(1) As used in this section, “natural wood” means:

(A) trees, including logs, boles, trunks, branches, limbs, and stumps;

(B) lumber, including timber, logs, or wood slabs, especially when dressed for use; and

(C) pallets that are used for the shipment of various materials, so long as such pallets are not chemically treated with any preservative, paint, or oil.

(2) “Natural wood” does not mean other wood products such as sawdust, plywood, particle board, or press board.

(e) Nothing in this section shall be construed to limit the authority of the air pollution control officer to prohibit open burning in accordance with the rules adopted under chapter 23 of this title.

(Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 11; 2023, No. 21, § 1, eff. May 25, 2023.)

§ 2646 Proclamation by Governor prohibiting kindling of fires: Closing of woodlands

(a) Whenever it appears to the Governor that there is excessive danger of forest fires, he or she may prohibit by proclamation the kindling of a fire in or adjoining forestland or close any or all sections of woodland, or brushland, in any town for such time as the Governor may designate, to all persons except the owner and his or her household, his or her tenants, servants, or agents and persons in the public employment engaged in abating such fire-hazardous condition.

(b) Proclamations shall be published in such newspapers of the State and posted in such places and in such manner as the Governor may order in writing. A copy of such publication and order, attested by the Secretary of Civil and Military Affairs, shall be filed with the Secretary of State and a like copy shall be furnished to the Commissioner who shall attend to the publication and posting thereof. The expenses of such publication and posting shall be paid by the Department. Notice of removal of restrictions imposed by proclamation shall be in the same manner.

(Added 1977, No. 253 (Adj. Sess.), § 1.)

§ 2647 Fires in woods of another; permission

No one shall build a fire in the woodlands of another without the permission of the owner, lessee, holder of right-of-way, or his or her authorized agent between April 1 and November 1. A person who builds a fire in or adjoining any woods shall totally extinguish such fire before leaving it.

(Added 1977, No. 253 (Adj. Sess.), § 1.)

§ 2648 Slash removal

(a) A person may cut or cause to be cut forest growth only if all slash adjoining the right-of-way of any public highway, or the boundary lines of woodlots owned by adjoining property owners, is treated as follows:

(1) All slash shall be removed for a distance of 50 feet from the right-of-way of any public highway or from the boundary lines of woodlots owned by adjoining property owners.

(2) All slash shall be removed for a distance of 100 feet from standing buildings on adjoining property.

(b) [Repealed.]

(c) If in the opinion of the town forest fire warden there is no fire hazard as a result of a cutting, the warden may issue, upon request, a statement relieving the operator of the conditions required in this section.

(Added 1977, No. 253 (Adj. Sess.), § 1; amended 1987, No. 107, § 2; 2015, No. 171 (Adj. Sess.), § 11.)

Subchapter 5 Municipal Forests

§ 2651 Municipal forest; definition

As used in this subchapter, “municipal forest” means a tract of land primarily devoted to producing wood products, maintaining wildlife habitat, protecting water supplies, providing forest recreation and conservation education. A municipal forest shall not be construed to include landscaped grounds and plantings around residential, industrial, institutional, municipal buildings or municipal areas devoted to off-street recreation.

(Added 1977, No. 253 (Adj. Sess.), § 1.)

§ 2652 Municipal forests, State aid

At any legal meeting, a municipality may vote sums of money for the purchase, management, and improvement of a municipal forest within or without the municipality. Any appropriation so voted shall qualify the municipality for such matching State and federal funds as may be available, provided that the suitability of such lands is approved by the Commissioner of Forests, Parks and Recreation. Any portion of such appropriated and matching funds not required for the purchase of land may be expended by the municipality, under the direction of the Commissioner of Forests, Parks and Recreation, in establishing multiple use and implementing a management program for such municipal forest.

(Added 1977, No. 253 (Adj. Sess.), § 1.)

§ 2653 Designation of municipal forest

A town owning a tract of land may have the same examined without cost by the Commissioner of Forests, Parks and Recreation for the purpose of determining whether the same is suitable for a municipal forest. If, upon such examination, he or she decides that it is suitable for such purposes, it shall be designated as municipal forest and he or she shall give advice as to the subsequent management thereof.

(Added 1977, No. 253 (Adj. Sess.), § 1.)

§ 2654 Management

Municipal forests shall be managed under the direction of the Commissioner. The protection of such forests shall be under the town forest fire warden who shall be paid for his or her services in connection therewith by the town at the same rate as he or she is paid for fighting forest fires upon the approval of his or her account by the Commissioner.

(Added 1977, No. 253 (Adj. Sess.), § 1.)

§ 2655 Receipts

All monies received for the sale of lumber, wood, or other products from a municipal forest shall be paid into the treasury of the municipality. In the event any of the lands held by a municipality for municipal forest purposes are sold, advances made by the State or federal government in the purchase thereof shall be repaid to the State by the municipality.

(Added 1977, No. 253 (Adj. Sess.), § 1.)

Subchapter 6 Forest Pest Control

§ 2661 Surveys and investigations

The Commissioner shall make surveys and investigations to determine the threat or presence of infestations and control of forest pests. For this purpose, duly designated representatives of the Commissioner may enter at reasonable times on public and private lands for the purpose of conducting such surveys, investigations, and controls.

(Added 1977, No. 253 (Adj. Sess.), § 1.)

§ 2662 Control measures

(a) Whenever the Commissioner finds that an area in the State is infested or threatened to be infested with forest pests, he or she shall determine whether measures of control are needed and are available and the area over which the control measures shall be applied. The Commissioner shall prescribe a proposed zone of infestation covering the area in which control measures are to be applied, and shall publish notice of the proposal in one or more newspapers having a general circulation in the area in which control measures are to be undertaken.

(b) The notice shall include a brief description of the location of the proposed zone of infestation and the approximate time when control measures will be executed.

(Added 1977, No. 253 (Adj. Sess.), § 1.)

§ 2663 Infestation control; agreements with owners

The Commissioner under the provisions of 3 V.S.A. § 2853 may apply measures of infestation control on public and private forest and other lands anywhere in the State to any trees, timber, plants, or shrubs thereon harboring or which may harbor the forest pests. The Commissioner may enter into agreements with owners of such lands covering the control work on their lands, and fix the pro rata basis on which the cost of such work will be shared between the State and said owner, provided, that the failure of the Commissioner to offer an agreement to or execute an agreement with any owner shall not impair the right of representatives of the Commissioner to enter on the lands of said owner to conduct control operations.

(Added 1977, No. 253 (Adj. Sess.), § 1.)

§ 2664 Cost prorated; agreements

If in any area the owners of a majority of the acreage to be protected from pests execute agreements with the State, the Commissioner shall be authorized to carry out control work on other adjacent or interior holdings, that, if uncontrolled, would cause a re-infestation of the controlled area. The cost of control work on such areas may be prorated among the owners who have executed agreements on the same basis as for their own lands, if they agree thereto.

(Added 1977, No. 253 (Adj. Sess.), § 1.)

Subchapter 7 Uniform Fire Prevention Ticket

§ 2671 Jurisdiction

The Criminal Division of the Superior Court shall have exclusive jurisdiction over uniform fire prevention tickets issued under this subchapter.

(Added 1987, No. 107, § 3; amended 2009, No. 154 (Adj. Sess.), § 238.)

§ 2672 Complaint or information and summons

(a) In any case involving a violation of subsection 2645(a) or 2648(a) of this title, the complaint or information and summons shall be in the form known as the Uniform Fire Prevention Ticket. The Court Administrator shall prepare the form for the Uniform Fire Prevention Ticket. The Court Administrator shall be responsible for all Uniform Fire Prevention Tickets issued to fire wardens, and shall prepare or cause to be prepared records and reports relating to Uniform Fire Prevention Tickets. Any fire warden may void any Uniform Fire Prevention Ticket by so marking the ticket and returning it to the Court Administrator. A prosecuting attorney may issue, amend or dismiss a fire prevention complaint.

(b) The Uniform Fire Prevention Ticket shall consist of four parts:

(1) the complaint or information, which shall include spaces for the signatures of the fire warden or other issuing officer, prosecuting attorney, and judge or clerk;

(2) the fire warden’s or issuing officer’s record, which shall be a copy of the complaint or information;

(3) the prosecutor’s record, which shall be a copy of the complaint or information; and

(4) the summons, which shall include a copy of the complaint or information, a waiver, and an explanation of rights.

(c) The reverse sides of the sheets shall be as set out in the form, with additions or deletions as are necessary to adapt the uniform fire prevention complaint to the court involved.

(d) The ticket shall contain the following two paragraphs that shall be prominently printed in boldfaced type:

(1) Failure to comply with the instructions on this ticket will result in a fine of up to $25.00 for each day of noncompliance.

(2) If you admit you have committed a fire prevention offense or are judged to have committed the offense you may be subject to a fine of up to $25.00 for each day of noncompliance.

(e) The Uniform Fire Prevention Ticket form shall be used in all cases involving violations of subsection 2645(a) or 2648(a) of this title, whether the case is prosecuted or the complaint issued by a fire warden or by any other person, or upon information or complaint issued by the State’s Attorney or other prosecuting officer.

(Added 1987, No. 107, § 3.)

§ 2673 Procedure on failure to appear; notice; rules

If a defendant fails to appear or answer a fire prevention ticket or summons served upon the defendant and upon which a complaint has been filed, the court shall mail a notice to the defendant at the address stated in the complaint notifying the defendant that failure to appear will result in a fine. The notice shall be in the form prescribed by the Court Administrator, and a copy of the notice shall be sent to the town fire warden together with a copy of the complaint.

(Added 1987, No. 107, § 3.)

§ 2674 Answer to Uniform Fire Prevention Ticket

(a) A person who is charged with committing a fire prevention offense may waive appearance and trial and plead guilty or nolo contendere or not guilty by a signed statement. The person shall submit a fine in an amount as established by the court with the signed statement. The court shall accept the signed statement accompanied by the fine assessed as a plea of guilty or nolo contendere as indicated on the signed statement and shall proceed accordingly.

(b) Fines shall be paid to, receipted by, and accounted for by the clerk as required by court rules. Any fire warden or issuing officer who issues a complaint shall advise the defendant of the fines.

(c) If a defendant fails to answer or appear as directed on the fire prevention ticket or by the Criminal Division of the Superior Court judge, or fails to pay the fine imposed after judgment, the court may issue an appropriate order.

(Added 1987, No. 107, § 3; amended 2009, No. 154 (Adj. Sess.), § 238.)

§ 2675 Penalties

A person who commits a violation under subsection 2645(a) or 2648(a) of this title shall be subject to a fine of not more than $75.00 per violation. In the case of a violation which continues after the issuance of a fire prevention complaint, each day’s continuance may be deemed a separate violation.

(Added 1987, No. 107, § 3; amended 2011, No. 155 (Adj. Sess.), § 1.)

§ 2676 Supreme Court rules

The Supreme Court is empowered to prescribe and amend rules governing this subchapter in accordance with 12 V.S.A. § 1.

(Added 1987, No. 107, § 3.)

Subchapter 8 Importation of Firewood

§ 2681 Importation of firewood; protection from invasive pests

(a) Definitions. As used in this section:

(1) “Commissioner” means the Commissioner of Forests, Parks and Recreation.

(2) “Department” means the Department of Forests, Parks and Recreation.

(3) “Firewood” means untreated or treated wood processed for residential, recreational, or commercial use in any wood-burning appliance or fireplace, either indoor or outdoor, that is cut to a length less than 48 inches, either split or unsplit. “Firewood” shall not mean wood chips, wood pellets, pulpwood, logs 48 inches or more in length, or other wood sold or transported for manufacturing purposes.

(4) “Invasive species” means:

(A) nonnative plant pests that are capable of spreading into the State and that threaten forest health; and

(B) native plant pests, designated by the Commissioner, that are present in the State, that are capable of spreading to new areas of the State, and that threaten forest health.

(5) “Plant pests” shall be defined as in 6 V.S.A. § 1030(12).

(6) “Treated firewood” means firewood that has been processed and treated in a manner sufficient to prevent invasive species from surviving.

(7) “Untreated firewood” means firewood that is not treated firewood.

(b) Rulemaking. On or before July 1, 2015, the Commissioner, after consultation with the Secretary of Agriculture, Food and Markets, shall adopt rules regulating the importation of untreated firewood into the State. The rules shall:

(1) address whether certain types of untreated firewood should be prohibited from importation due to the potential to spread invasive species;

(2) address whether a treatment certificate or some other form of approval shall be required to import firewood from one or more states;

(3) address whether persons who produce or sell firewood in the State shall be required to track purchases of untreated firewood from out of State in order to allow for identification of sources of invasive species;

(4) address whether the State should design and implement a voluntary certification for treated firewood;

(5) include a process under which the Commissioner may waive requirements or prohibitions under the rule related to the importation of firewood when the Commissioner determines that waiver is in the public interest and poses minimal threat to forest health; and

(6) address any other issue the Commissioner identifies as necessary for preventing the importation of invasive species into the State when importing firewood.

(c) Penalties. Any person who violates a provision of this subchapter or the rules adopted under this subchapter shall be subject to a civil citation under section 8019 of this title.

(Added 2013, No. 112 (Adj. Sess.), § 1.)

Chapter 85 Value-Added Forestry and Forest Products

Subchapter 1 General Provisions

§ 2701 Policy

It is the policy of the State to encourage the sustainable management and use of its forests and woodlands; to preserve the natural beauty of the State’s forests and woodlands; to protect its wildlife; to preserve and protect the forest environment and health; and to promote, foster, and encourage the forestry and forest products industries of the State. To achieve these goals, the General Assembly declares it to be in the best interests of the State to promote opportunities and markets for value-added forest products. Fostering and enhancing the value-added forestry markets will help the State retain and expand the State’s forest products manufacturing sector, will retain manufacturing jobs within the State, and will protect the health and viability of the forest environment.

(Added 2007, No. 207 (Adj. Sess.), § 8, eff. June 11, 2007.)

§ 2702 Value-added forest products; financial assistance

The Commissioner shall award grants of up to $10,000.00 to applicants engaged in adding value to forest products within the State. A grant awarded under this section may be used by the applicant to pay for expenses associated with State and local permit application costs, project consultation costs, engineering and siting costs, and expert witness analysis and testimony necessary for permitting.

(Added 2019, No. 83, § 11.)

Subchapter 2 Forestry and Forest Products Viability Program

§ 2721 Vermont Forestry and Forest Products Viability Program

(a) The Vermont Forestry and Forest Products Viability Program is a voluntary program established at the Department of Forests, Parks and Recreation to provide assistance to Vermont timber harvesters, foresters, and forest products manufacturers to enhance the financial success and long-term viability of the Vermont forest products industry. In administering the Program, the Commissioner shall:

(1) Collaborate with the Vermont Housing and Conservation Board, the members of the Vermont Wood Products Marketing Council, the Vermont Woodlands Association, the Vermont Loggers Association, State agencies, federal agencies, private entities, and service groups to develop, coordinate, and provide technical and financial assistance to Vermont timber harvesters, foresters, and forest products manufacturers.

(2) Include teams of experts to assist timber harvesters, foresters, and forest products manufacturers in areas such as assessing business resources and potential; researching, developing, and adopting new technologies; improving product quality; developing value-added products; finding and reaching new markets; improving and refining existing markets; and lowering costs of production for Vermont’s forest products sector.

(3) Encourage economic development through investing in improvements to essential infrastructure and the promotion of timber harvesters, foresters, and forest products manufacturers in Vermont.

(4) Enter into agreements with private organizations or individuals or with any agency or instrumentality of the United States or of this State and employ technical experts to carry out the purposes of this section.

(5) In consultation with the Vermont Housing and Conservation Board, other State agencies, foresters, harvesters, and forest products manufacturers, establish:

(A) enrollment criteria for the Forestry and Forest Products Viability Program created by this section;

(B) criteria for awarding grants from the Forestry and Forest Products Viability Program Special Fund created by subsection (b) of this section. The grant criteria shall include at least the following requirements:

(i) the grant recipients shall be enrolled in and committed to participating in the Forestry and Forest Products Viability Program;

(ii) the grant application is developed in consultation with timber harvesters, foresters, or forest products manufacturers;

(iii) the use of the funds will improve the economic viability of a timber harvester, forester, or forest products manufacturer;

(C) performance goals, performance measures that demonstrate Program results, and other criteria to implement and evaluate the effectiveness of the Forestry and Forest Products Viability Program.

(b)(1) The Forestry and Forest Products Viability Program Special Fund is established in the State Treasury and shall be administered by the Commissioner of Forests, Parks and Recreation in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5, except that interest earned on the Fund shall be retained in the Fund. The Fund shall be used only for the purpose of implementing and effectuating the Forestry and Forest Products Viability Program established by this section. Any monies appropriated by the General Assembly or received by the Commissioner of Forests, Parks and Recreation for this Program from any other source, public or private, shall be deposited in the Fund. The Fund shall be used only for the purposes of:

(A) providing funds for the Forestry and Forest Products Viability Program as established in this section;

(B) providing funds to enrolled timber harvesters, foresters, or forest products manufacturers;

(C) providing funds to service providers for administrative expenses of the program; and

(D) leveraging other competitive public and private funds, grants, and contributions for the Forestry and Forest Products Viability Program.

(2) The Commissioner of Forests, Parks and Recreation may solicit federal funds, grants, and private contributions for the Forestry and Forest Products Viability Program.

(c) The Commissioner of Forests, Parks and Recreation shall report in writing to the Senate Committees on Agriculture and on Natural Resources and Energy and the House Committees on Agriculture and Forestry, on Energy and Technology, and on Natural Resources, Fish, and Wildlife on or before January 31 of each year on the activities and performance of the Forestry and Forest Products Viability Program. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. At a minimum, the report shall include:

(1) an evaluation of the Program utilizing the performance goals and performance measures established pursuant to subdivision (a)(5)(C) of this section;

(2) a summary of the money received in the Fund and expended from the Fund;

(3) an estimate of the financial impact of the Vermont Forestry and Forest Products Viability Program on the forestry and forest products industries;

(4) an assessment of the potential demand for the Program over the succeeding three years; and

(5) a listing of individuals, trade associations, and other persons or entities consulted in preparation of the report.

(Added 2007, No. 207 (Adj. Sess.), § 8, eff. June 11, 2008; amended 2013, No. 142 (Adj. Sess.), § 21; 2015, No. 11, § 12; 2017, No. 113 (Adj. Sess.), § 44e.)

Chapter 87 Harvesting Guidelines and Procurement Standards

§ 2750 Harvesting guidelines and procurement standards

(a) The Commissioner of Forests, Parks and Recreation (the Commissioner) shall develop voluntary harvesting guidelines that may be used by private landowners to help ensure long-term forest health and sustainability. The Commissioner may also recommend monitoring regimes as part of these guidelines. In developing these guidelines, the Commissioner shall:

(1) provide widespread public notice of the process to develop the guidelines;

(2) provide opportunities for potentially affected individuals, business organizations, and members of the public to submit recommendations on the specific content of the guidelines prior to their development and to comment on a draft of the guidelines once the draft is developed;

(3) hold one or more public meetings; and

(4) maintain a web page concerning the development of these guidelines that provides notice of all opportunities for public comment and all public meetings on the guidelines and posts relevant information and the documents submitted to and created by the Department of Forests, Parks and Recreation as part of the process.

(b) For contracts to harvest wood products on State lands, the Commissioner shall ensure all such harvests are consistent with the purpose of the guidelines developed under subsection (a) of this section, with the objective being long-term forest health and sustainability in addition to other management objectives.

(c) The Commissioner shall develop a procurement standard that shall be used by all State agencies and departments in procuring wood products from whole-tree harvests in Vermont. The procurement standard shall include specifications on the retention of live and dead trees.

(d) The procurement standard developed under this section shall be made available to Vermont educational institutions and other users of wood products for their voluntary use.

(e) Working with regional governmental organizations such as the New England Governors’ Conference, Inc. and the Coalition of Northeastern Governors, the Commissioner shall seek to develop and implement regional voluntary harvesting guidelines and a model procurement standard that can be implemented regionwide, consistent with the application of the guidelines and standards developed under this section.

(Added 2011, No. 170 (Adj. Sess.), § 16a, eff. May 18, 2012; amended 2013, No. 24, § 1, eff. May 13, 2013.)

§ 2751 Biomass renewability standards; RES

(a) Definitions. As used in this section:

(1) “Commissioner” means the Commissioner of Forests, Parks and Recreation.

(2) “Distributed renewable generation” shall have the same meaning as in 30 V.S.A. § 8005.

(3) “Energy transformation project” shall have the same meaning as in 30 V.S.A. § 8002.

(4) “Renewability” means capable of being replaced by natural ecological processes or sound management practices.

(5) “RES” shall have the same meaning as in 30 V.S.A. § 8002.

(b) Rules. The Commissioner shall adopt rules that set renewability standards for forest products used to generate energy by distributed renewable generation and energy transformation projects within the RES. The Commissioner shall design the standards to ensure long-term forest health and sustainability. These standards may include minimum efficiency requirements for wood boilers and requirements for harvesting and procurement. In developing these rules, the Commissioner shall consider differentiating the standards by type of forest product and scale of forest product consumption.

(Added 2015, No. 56, § 9.)

Chapter 89 Community Resiliency and Biodiversity Protection

§ 2801 Definitions

As used in this section:

(1) “Ecological reserve area” means an area having permanent protection from conversion and that is managed to maintain a natural state within which natural ecological processes and disturbance events are allowed to proceed with minimal interference.

(2) “Biodiversity conservation area” means an area having permanent protection from conversion for the majority of the area and that is managed for the primary goal of sustaining species or habitats. These areas may include regular, active interventions to address the needs of particular species or to maintain or restore habitats.

(3) “Natural resource management area” means an area having permanent protection from conversion for the majority of the area but that is subject to long-term, sustainable land management.

(4) “Conversion” means a fundamental change in natural ecosystem type or habitat, natural or undeveloped land cover type, or natural form and function of aquatic systems.

(5) “Sustainable land management” means the stewardship and use of forests and forestlands, grasslands, wetlands, riparian areas, and other lands, including the types of agricultural lands that support biodiversity, in a way, and at a rate, that maintains or restores their biodiversity, productivity, regeneration capacity, vitality, and their potential to fulfill, now and in the future, relevant ecological, economic, and social functions at local, State, and regional levels, and that does not degrade ecosystem function.

(6) “Conserved” means permanently protected and meeting the definition of ecological reserve area, biodiversity conservation area, or natural resource management area as defined in this section for purposes of meeting the 30 percent goal in subsection 2802(b) of this title. For purposes of meeting the 50 percent goal of subsection 2802(b) of this title, “conserved” primarily means permanently protected and meeting the definition of ecological reserve area, biodiversity conservation area, or natural resource management area as defined in this section, although other long-term land protection mechanisms and measures that achieve the goals of Vermont Conservation Design that are enforceable and accountable and that support an ecologically functional and connected landscape may be considered.

(Added 2023, No. 59, § 3, eff. July 1, 2023.)

§ 2802 Conservation vision and goals

(a) The vision of the State of Vermont is to maintain an ecologically functional landscape that sustains biodiversity, maintains landscape connectivity, supports watershed health, promotes climate resilience, supports working farms and forests, provides opportunities for recreation and appreciation of the natural world, and supports the historic settlement pattern of compact villages surrounded by rural lands and natural areas.

(b) It is the goal of the State that 30 percent of Vermont’s total land area shall be conserved by 2030, and 50 percent of the State’s total land area shall be conserved by 2050. The Secretary of Natural Resources shall lead the effort in achieving these goals. The land conserved shall include State, federal, municipal, and private land.

(c) Reaching 30 percent by 2030 and 50 percent by 2050 shall include a mix of ecological reserve areas, biodiversity conservation areas, and natural resource management areas. In order to support an ecologically functional and connected landscape with sustainable production of natural resources and recreational opportunities, the approximate percentages of each type of conservation category shall be guided by the principles of conservation science and the conservation targets within Vermont Conservation Design, prioritizing ecological reserve areas to protect highest priority natural communities and maintain or restore old forests.

(Added 2023, No. 59, § 3, eff. July 1, 2023.)

§ 2803 Conserved land inventory

(a) On or before July 1, 2024, the Vermont Housing and Conservation Board, in consultation with the Secretary, shall create an inventory of Vermont’s conserved land and conservation policies to serve as the basis of meeting the conservation goals of Vermont Conservation Design and to meet the goals established in section 2802 of this title. The inventory shall be submitted for review to the House Committees on Environment and on Agriculture, Food Resiliency, and Forestry and the Senate Committee on Natural Resources and Energy.

(b) The inventory shall include:

(1) A review of the three conservation categories defined in section 2801 of this title and suggestions for developing any modifications or additions to these categories that maintain or complement the core concepts of ecological reserve areas, biodiversity conservation areas, and natural resource management areas in order to complete the conserved land inventory and inform the comprehensive strategy in the conservation plan. As part of this review, criteria shall be developed to determine the types of agricultural lands that will qualify as supporting and restoring biodiversity and therefore count towards the natural resource management area category.

(2) The amount of conserved land in Vermont that fits into each of the three conservation categories defined in section 2801 of this title, including public and private land. The inventory shall also include other lands permanently protected from development by fee ownership or subject to conservation easements.

(3) A summary of the totality of conservation practices, both permanent and intermediate, available for reaching the goals of this chapter, including what they are, what they do, how they contribute, and what metrics are available to quantify them.

(4) An assessment of how State lands will be used to increase conserved ecological reserve areas.

(5) The implementation methods that could be utilized for achieving the goals of this chapter using Vermont Conservation Design as a guide.

(6) A review of how aquatic systems are currently conserved or otherwise protected in the State, including a description of the benefits land conservation provides for aquatic systems, whether this is sufficient to maintain aquatic system functions and services, and how the implementation methods for achieving the goals of this chapter using Vermont Conservation Design as a guide would include specific strategies for protecting aquatic system health.

(7) How existing programs will be used to meet the conservation goals of this chapter and recommendations for new programs, if any, that will be needed to meet the goals.

(8) An assessment of existing funding and recommendations for new funding sources that will be needed for acquisition of land, purchase or donation of conservation easements, staffing capacity, and long-term stewardship to meet the goals.

(9) An equity assessment of existing land protection and conservation strategies and programs.

(10) An evaluation of the opportunities related to intergenerational land transfer trends and how the State could proactively direct resources to achieve conservation at the time of transfer.

(Added 2023, No. 59, § 3, eff. July 1, 2023.)

§ 2804 Conservation plan

(a) On or before December 31, 2025, the Vermont Housing and Conservation Board, in consultation with the Secretary, shall develop a plan to implement the conservation goals of Vermont Conservation Design and to meet the vision and goals established in section 2802 of this title. The plan shall be submitted for review to the House Committees on Environment and on Agriculture, Food Resiliency, and Forestry and the Senate Committee on Natural Resources and Energy.

(b) The plan shall include:

(1) a comprehensive strategy for achieving the vision and goals of section 2802 of this title while continuing to conserve and protect Vermont’s agricultural land, working forests, historic properties, recreational lands, and surface waters;

(2) the implementation methods for achieving the vision and goals of this chapter using Vermont Conservation Design as a guide;

(3) recommendations to provide and increase equitable access to protected and conserved lands and land-based enterprises, including recreational access to and use of conserved lands; and

(4) recommendations to implement the vision and goals of this chapter while also enhancing the State of Vermont’s current investments and commitments to working lands enterprises, rural landowners, and the broad conservation mission implemented by the Secretary and VHCB, including conservation of agricultural land, working forests, historic properties, recreational lands, and surface waters.

(c) In developing the plan, the Vermont Housing and Conservation Board, in consultation with the Secretary, shall hold 12 or more public meetings on the plan between July 1, 2023 and December 31, 2025 to solicit input from stakeholders. Stakeholders shall include private owners of forestlands and agricultural lands, land trusts, conservation organizations, environmental organizations, working lands enterprises, outdoor recreation groups and businesses, Indigenous groups and representatives from historically marginalized and disadvantaged communities, watershed groups, municipalities, regional planning commissions, conservation commissions, and relevant State and federal agencies. At least three of the meetings shall be designed to solicit comments from the general public.

(d) The conserved land inventory established in 2803 of this title shall be updated biennially to track progress toward meeting the vision and goals of this chapter, which shall be publicly available, and the Secretary shall submit a report to the relevant committees on or before January 15 following each update.

(Added 2023, No. 59, § 3, eff. July 1, 2023.)

Chapter 101 Definitions

§ 4001 Definitions

Words and phrases used in this part, unless otherwise provided, shall be construed to mean as follows:

(1) Closed season: that period of time during which fishing or hunting is prohibited.

(2) Open season: that period of time during which fishing or hunting is permitted.

(3) Legal day:

(A) Fishing: as provided by regulations of the Fish and Wildlife Board;

(B) Hunting: as provided by regulations of the Fish and Wildlife Board;

(C) [Repealed.]

(D) Hunting raccoon: as provided by regulations of the Fish and Wildlife Board.

(4) Angling: fishing by any of the following methods:

(A) By means of hook and line in hand or attached to a rod, in accordance with regulations of the Board.

(B) By casting or trolling artificial flies, lures, or baited hooks, in accordance with regulations of the Board.

(5) Black bass: large mouth bass or small mouth bass.

(6) [Repealed.]

(7) [Repealed.]

(8) Trout: brook, rainbow, and brown.

(9) Game: game birds or game quadrupeds, or both.

(10) Game birds: quail, partridge, woodcock, pheasant, plover of any kind, Wilson snipe, other shore birds, rail, coot, gallinule, wild ducks, wild geese, and wild turkey.

(11) Partridge: ruffed grouse.

(12) Game quadruped: caribou, elk, moose, deer, gray squirrel, rabbit, and black bear.

(13) Rabbit: to include wild hare.

(14) Fur-bearing animals: beaver, otter, marten, mink, raccoon, fisher, fox, skunk, coyote, bobcat, weasel, opossum, lynx, wolf, and muskrat.

(15) Wild animals or wildlife: all animals, including birds, fish, amphibians, and reptiles, other than domestic animals, domestic fowl, or domestic pets.

(16) Private preserves: lands or waters where the taking of fish or wild animals is prohibited as provided in sections 5204-5206 of this title.

(17) Propagation farms: lands or waters used for the propagation of fish or wild animals as provided in sections 5207-5209 of this title.

(18) Person: includes principal, agent, employee, firm, partnership, corporation, and association.

(19) Possession: actual or constructive possession or any control of things referred to.

(20) Resident: a person who has resided in this State for the six months immediately prior to the date of making application for a license and who has not during that period claimed a residence in any other state for any purpose.

(21) Nonresident: a person not a resident.

(22) Sell, sold, or sale: barter, exchange, and offering or exposing for sale; and possession with intent to sell.

(23) Take and taking: pursuing, shooting, hunting, killing, capturing, trapping, snaring, and netting fish, birds, and quadrupeds and all lesser acts, such as disturbing, harrying, worrying, or wounding or placing, setting, drawing, or using any net or other device commonly used to take fish or wild animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, reference is had to taking by lawful means and in a lawful manner.

(24) Transport and transportation: all carrying or moving or causing to be carried or moved.

(25) Whole to include part: every provision in this part relating to any fish or wild animal shall be deemed to apply to any part thereof with the same force and effect as it applies to the whole.

(26) Inclusion and exclusion of dates: except as herein otherwise specially provided, when a period is named during which an act is permitted or prohibited, the first date shall be included within and the last excluded from such period.

(27) Commissioner: Commissioner of Fish and Wildlife.

(28) Board: Fish and Wildlife Board.

(29) Bow in the phrase “bow and arrow”: hand-held bow, including a long bow, recurve bow, or compound bow.

(30) Person with paraplegia: a person who has permanent paralysis of the lower half of the body with involvement of both legs, or a person who is missing both lower extremities.

(31) Big game: deer, bear, moose, wild turkey, caribou, elk, and anadromous Atlantic salmon taken in the Connecticut River Basin.

(32) Field trials: a competitive event held by an organized club for the purpose of demonstrating the skill of hunting and retrieving dogs under hunting conditions.

(33)(A) Muzzle loading firearm: a single-shot, single-barrel rifle, or smoothbore firearm, with a minimum barrel length of 20 inches, designed to be fired from the shoulder or a single-shot pistol with a minimum barrel length of 10 inches. Both rifle and pistol must be incapable of being loaded from the breach without the use of tools, and must have a minimum bore diameter of 0.43 inches and an ignition system of traditional or modern flintlock, caplock, matchlock, in line, or wheellock style.

(B) Ammunition: for purposes of this section, black powder or other suitable nonsmokeless propellant, and a single ball or bullet shall be the sole ammunition permitted.

(34) Small game: game birds, except for turkeys; game quadrupeds, except for big game; furbearers; and other wild animals.

(35) Secretary: the Secretary of Natural Resources.

(36) Point-of-sale agent: an agent authorized by the Commissioner to sell licenses and provide replacement licenses electronically through the State’s point-of-sale license system.

(37) Mitigation: the acquisition of an interest in land, change in operation, or funds or other remuneration paid in order to compensate for the loss of habitat, plants, or animals required by a permitting or regulatory process.

(38) Captive hunt facility: any enclosure created by the use of fences, man-made structures, or natural barriers where animals are confined for the purpose of taking or attempting to take an animal by hunting. Captive hunt facility shall not mean activities covered by the Commissioner of Fish and Wildlife’s rules for the training of dogs or for the regulation of regulated shooting grounds.

(39) Enclosure: means a structure designed to restrict the free movement of animals and the area within that structure.

(40) Domestic pet: domesticated dogs, domesticated cats, domesticated ferrets, psittacine birds, or any domesticated animal.

(41) Gun suppressor: any device for muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a gun suppressor, and any part intended only for use in such assembly or fabrication.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1973, No. 178 (Adj. Sess.), § 9; 1975, No. 61; 1977, No. 103, § 4, eff. May 6, 1977; 1981, No. 85, § 1, eff. May 7, 1981; 1981, No. 119 (Adj. Sess.), § 1; 1983, No. 118 (Adj. Sess.); 1983, No. 157 (Adj. Sess.), § 4, eff. April 13, 1984; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1985, No. 92, § 1; 1985, No. 120 (Adj. Sess.), § 3, eff. April 16, 1986; 1987, No. 158 (Adj. Sess.), § 1; 1989, No. 190 (Adj. Sess.), § 1, No. 205 (Adj. Sess.), § 1; 1991, No. 33, § 1; 1991, No. 230 (Adj. Sess.), §§ 2, 29; 2005, No. 31, § 1; 2009, No. 122 (Adj. Sess.), § 4; 2009, No. 146 (Adj. Sess.), § B10; 2011, No. 128 (Adj. Sess.), § 25; 2013, No. 96 (Adj. Sess.), § 36; 2013, No. 116 (Adj. Sess.), § 1, eff. Feb. 12, 2014; 2015, No. 61, § 1, eff. June 17, 2015; 2017, No. 170 (Adj. Sess.), § 12, eff. Jan. 1, 2019; 2021, No. 165 (Adj. Sess.), § 7, eff. July 1, 2022; 2025, No. 47, § 1, eff. July 1, 2025.)

Chapter 103 Department of Fish and Wildlife

Subchapter 1 Establishment

§ 4041 Department of Fish and Wildlife; Fish and Wildlife Board; members, term, chair

(a) There is hereby established a Department of Fish and Wildlife that shall be administered by the Commissioner.

(b) There is hereby established a Fish and Wildlife Board. The Board shall consist of 14 members, one from each county, appointed by the Governor with the advice and consent of the Senate. The members of the Board shall be appointed for a term of six years, or unexpired portion thereof, and during their terms shall reside in the county from which they are appointed. In the event a member no longer resides in the county from which he or she was appointed, the Governor shall appoint a member from that county for the unexpired portion of the term. Appointments shall be made in such manner that either two or three terms shall expire each year. A member serving a full six-year term shall not be eligible for reappointment. The Governor shall biennially designate a chair.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1965, No. 22, eff. April 8, 1965; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1985, No. 215 (Adj. Sess.), § 1, eff. June 2, 1986; 2003, No. 136 (Adj. Sess.), § 1; 2013, No. 161 (Adj. Sess.), § 72.)

§ 4042 Commissioner; appointment

The Commissioner shall be appointed pursuant to the provisions of 3 V.S.A. § 2851. The Commissioner shall also be Executive Secretary of the Board.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 215 (Adj. Sess.), § 2, eff. June 2, 1986.)

§ 4043 Repealed

[Repealed]

1991, No. 230 (Adj. Sess.), § 1(1).

§ 4044 Repealed

[Repealed]

1991, No. 230 (Adj. Sess.), § 1(2).

§ 4045 Cooperative fisheries projects

The State of Vermont hereby assents to the provisions of the act of Congress entitled “An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes,” approved August 9, 1950 (Public Law 681-81st Congress) and the Department of Fish and Wildlife is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative fisheries restoration project, as defined in said act of Congress, in compliance with said act and with rules and regulations promulgated by the U.S. Secretary of the Interior thereunder. No funds accruing to the State of Vermont from fishing license fees shall be diverted for any other purpose than the administration of the Department of Fish and Wildlife.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984.)

§ 4046 Cooperative wildlife projects

(a) The State of Vermont hereby assents to the provisions of the act of Congress entitled “An act to provide the United States shall aid the states in wildlife restoration projects, and for other purposes,” approved September 2, 1937 (Public Law, No. 415, 75th Congress), and the Secretary is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in said act of Congress, in compliance with said act and with rules and regulations promulgated by the U.S. Secretary of the Interior thereunder; and no funds accruing to the State of Vermont from license fees paid by hunters shall be diverted for any other purpose than the administration of the Department of Fish and Wildlife.

(b) The Secretary may form cooperative agreements with the U.S. Secretary of the Interior under section 6(c) of the Endangered Species Act of 1973, Public Law 93-205, 16 U.S.C. § 1535(c), for the purpose of implementing chapter 123 of this title. Entry into any cooperative agreement shall not require the State to carry on any program in the event that federal funds are withdrawn or terminated.

(c) Any funds or in-kind services received by the State shall be administered by the Secretary.

(Amended 1981, No. 188 (Adj. Sess.), § 3; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1991, No. 230 (Adj. Sess.), § 3.)

§ 4047 Department of Fish and Wildlife funds

(a) The receipts of the Department of Fish and Wildlife shall not become a part of the General Fund of the State but shall be used solely for the Department of Fish and Wildlife. Interest on the cash balance of Department receipts shall likewise accrue to the Department.

(b) The State of Vermont assents to the provisions of the Pittman-Robertson Wildlife Restoration Act of September 2, 1937, as amended (16 U.S.C. §§ 669-669i) and the Dingell-Johnson Sport Fish Restoration Act of August 1950, as amended (16 U.S.C. §§ 777-777k) and diversion of license fees paid by hunters and anglers to purposes other than the administration of the Department of Fish and Wildlife is prohibited.

(c) Receipts for each fiscal year in excess of the amount appropriated for each fiscal year shall remain in the Fish and Wildlife Fund and be carried forward to the following year. If appropriations exceed receipts, the Commissioner of Finance and Management may anticipate receipts and issue warrants based thereon. With the approval of the Emergency Board, funds not to exceed $100,000.00 each fiscal year may be appropriated to the Department if needed for any emergency under the jurisdiction of the Board or Department that may occur during any fiscal year.

(d) With the approval of the Emergency Board, funds not to exceed $300,000.00 may be appropriated each fiscal year for the purpose of purchasing land to achieve the purposes of the Department. Such purchase(s) shall be in accordance with the provisions of this title. Each purchase shall be approved by the Emergency Board. These funds may be used in conjunction with funds provided by other State agencies, the federal government, or any provider or quasi-public entity.

(e) Receipts from tuition charged for attendance at Green Mountain Conservation Camps shall be deposited in the Fish and Wildlife Fund.

(f) A Species and Habitat Conservation Fund is created within the Fish and Wildlife Fund. The Commissioner may solicit federal funds, grants, and private contributions and may accept mitigation payments directed toward fish and wildlife species and habitat conservation. Such monies shall be deposited in the Species and Habitat Conservation Fund, and the Commissioner may make expenditures from the Fund for purposes of species and habitat conservation. Interest accrued on the Fund shall be credited to the Fund.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 95, § 307; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1991, No. 230 (Adj. Sess.), § 4; 1993, No. 210 (Adj. Sess.), § 206; 1995, No. 5, § 43, eff. March 3, 1995; 1995, No. 178 (Adj. Sess.), § 385, eff. May 22, 1996; 1995, No. 186 (Adj. Sess.), § 18, eff. May 22, 1996; 1997, No. 2, § 73, eff. Feb. 12, 1997; 1997, No. 155 (Adj. Sess.), § 40, eff. Jan. 1, 1999; 2003, No. 70 (Adj. Sess.), § 26, eff. March 1, 2004; 2003, No. 163 (Adj. Sess.), § 46, eff. Aug. 20, 2004; 2007, No. 76, § 26; 2011, No. 128 (Adj. Sess.), § 26.)

§ 4047a Raffles; Department authority

(a) Notwithstanding the provisions of 13 V.S.A. chapter 51, the Department may organize and execute raffles to dispose of property, and a person may participate in raffles executed by the Department, provided that the proceeds of raffles executed under this section shall be used solely to fund actions fulfilling or consistent with the purposes of the Department.

(b) All monies received by the Department under this section shall be deposited in the Fish and Wildlife Fund to be used for the purposes of that Fund.

(Added 2013, No. 78, § 1.)

§ 4048 Nongame Wildlife Account; expenditures

(a) A Nongame Wildlife Account is created and shall consist of:

(1) funds appropriated by the General Assembly, subject to availability of funds generated pursuant to 32 V.S.A. § 5862a;

(2) funds from public and private sources that the Commissioner accepts for the Fund;

(3) funds from federal government aid for State activities in nongame conservation; and

(4) interest on the cash balance of the account.

(b) For purposes of this section, nongame wildlife shall consist of members of nongame species that are native to this State, that are not classified as domesticated, and that are not commonly taken for sport or profit.

(c) Amounts in the account shall carry over from year to year.

(d) The Commissioner of Fish and Wildlife, according to the provisions of 3 V.S.A. chapter 25, shall adopt a rule establishing a plan for nongame wildlife. The rule may be amended from time to time, and shall be reviewed, after public hearings, at least every five years. The plan shall contain:

(1) strategies to manage, inventory, preserve, protect, perpetuate, and enhance all nongame wildlife in the State, including identification of wildlife species in need of protection and information on their population distributions, habitat requirements, limiting factors, and other pertinent biological and ecological data on nongame wildlife species in need of protection;

(2) estimates of resources available for these strategies; and

(3) plans for research and education in nongame wildlife.

(e) In accordance with the plan, the Commissioner of Fish and Wildlife may make expenditures from the Nongame Wildlife Account. Expenditures shall be restricted to programs specified in the duly adopted plan. Expenditures may be made under the terms of contracts with private organizations and groups, consistent with the purposes of the plan. Expenditures shall not exceed the monies available in the Account.

(f) The Commissioner of Fish and Wildlife may take appropriate actions to encourage taxpayers to make designations to the Account, including explaining the purposes of the Fund and the uses to which the Account has been or will be applied.

(Added 1985, No. 191 (Adj. Sess.), § 3, eff. May 14, 1986; amended 1991, No. 230 (Adj. Sess.), § 5.)

§ 4049 Fish and Wildlife Trust Fund

(a) The General Assembly recognizes the importance to the people of Vermont of conserving Vermont’s fish and wildlife resources. Therefore, in order to provide the opportunity for Vermonters to invest in the future of its fish and wildlife resources, there is hereby created a Fish and Wildlife Trust Fund within the Fish and Wildlife Fund that shall consist of:

(1) receipts from sales of any lifetime licenses created pursuant to subsection 4279(f) of this title;

(2) any gifts, grants, or contributions made to the Trust Fund;

(3) funds that may be appropriated by the General Assembly.

(b) The Commissioner, after consultation with the Secretary of Natural Resources, the Secretary of Administration, and the State Treasurer, may determine whether the Trust Fund is to be managed by the State Treasurer or by a private firm contracted by the State Treasurer at the direction of the Commissioner.

(c) When the balance of the Trust Fund reaches $250,000.00, the Commissioner may withdraw interest as needed for operation of departmental programs. The principal shall remain in the Trust Fund in perpetuity, even should provisions of law regarding lifetime licenses be repealed.

(d) [Repealed.]

(Added 1991, No. 205 (Adj. Sess.), § 1, eff. July 1, 1993; amended 1993, No. 191 (Adj. Sess.), §§ 2, 3; 1997, No. 155 (Adj. Sess.), § 41, eff. April 27, 1998; 1997, No. 155 (Adj. Sess.), § 41, eff. Jan. 1, 1999.)

§ 4049a Green Mountain Conservation Camp Endowment Fund

(a) There is established in the Agency of Natural Resources a fund to be known as the Green Mountain Conservation Camp Endowment Fund, to be managed by the Secretary and from which expenditures may be made by the Commissioner of Fish and Wildlife, after consultation with the Green Mountain Conservation Camp Fund Committee, for the purpose of supporting the maintenance of and enhancements to the Green Mountain Conservation Camps in Castleton and Woodbury and for the Camps’ ongoing expenses such as the purchase of recreation equipment. There shall be deposited into the Fund monies received by the Agency and designated for this purpose, including appropriations of the General Assembly, grants, and donations.

(b) Interest from the Fund shall be credited annually to the Fund, and the amount in the account shall carry forward from year to year.

(Added 2003, No. 63, § 64, eff. June 11, 2003; amended 2005, No. 93 (Adj. Sess.), § 86, eff. March 3, 2006.)

§ 4049b Green Mountain Conservation Camp Endowment Fund Committee

(a) There is created a Green Mountain Conservation Camp Endowment Fund Committee comprising five members who shall serve for concurrent terms of four years. Members of the Committee shall be appointed by the Commissioner of Fish and Wildlife as follows: two members shall be chosen from the employees of the Department; the three other members shall be chosen on the basis of fundraising experience.

(b) The Committee shall promote and seek contributions to the Green Mountain Conservation Camp Endowment Fund established by section 4049a of this title. The Committee may use any technique, method, or service that is otherwise authorized by law to promote contributions to the Fund and may use a portion of the Endowment Fund for the purpose.

(c) [Repealed.]

(Added 2003, No. 63, § 65, eff. June 11, 2003; amended 2005, No. 93 (Adj. Sess.), § 87, eff. March 3, 2006; 2009, No. 33, § 83(e)(4).)

§ 4050 Watershed Management Account

(a) There is created a Watershed Management Account within the Fish and Wildlife Fund for the purpose of protecting the Lake Champlain, Lake Memphremagog, and Connecticut River and Hudson River watersheds. The Account shall consist of:

(1) receipts from sale of conservation motor vehicle registration plates pursuant to 23 V.S.A. § 304b;

(2) any gifts, grants, or contributions made to the account;

(3) funds that may be appropriated by the General Assembly.

(b) Interest from the Account shall be credited annually to the Watershed Management Account and the amount in the Account shall carry over from year to year.

(c) The Commissioner may make expenditures from the Account in the form of grants to local or regional governments or governmental agencies, or nonprofit or citizen groups for the following purposes:

(1) protection of fish and wildlife habitats;

(2) improvement of water quality and protection of shorelines;

(3) provision of recreational access and trails within the watershed areas;

(4) identifying and protecting historic and cultural resources in the watershed areas;

(5) activities that educate people about watershed resources and protection and that encourage citizen participation in protecting watershed resources;

(6) monitoring of fish and wildlife populations of watershed resources and water quality.

(d) [Repealed.]

(Added 1995, No. 189 (Adj. Sess.), § 15, eff. May 22, 1996; amended 2009, No. 33, § 83(e)(5).)

Subchapter 2 Regulatory Powers Over Fish and Wildlife

§ 4081 Policy

(a)(1) As provided by Chapter II, § 67 of the Constitution of the State of Vermont, the fish and wildlife of Vermont are held in trust by the State for the benefit of the citizens of Vermont and shall not be reduced to private ownership. The State of Vermont, in its sovereign capacity as a trustee for the citizens of the State, shall have ownership, jurisdiction, and control of all of the fish and wildlife of Vermont.

(2) The Commissioner of Fish and Wildlife shall manage and regulate the fish and wildlife of Vermont in accordance with the requirements of this part and the rules of the Fish and Wildlife Board. The protection, propagation control, management, and conservation of fish, wildlife, and fur-bearing animals in this State are in the interest of the public welfare. The State, through the Commissioner of Fish and Wildlife, shall safeguard the fish, wildlife, and fur-bearing animals of the State for the people of the State, and the State shall fulfill this duty with a constant and continual vigilance.

(b) Notwithstanding the provisions of 3 V.S.A. § 2803, the Fish and Wildlife Board shall be the State agency charged with carrying out the purposes of this subchapter.

(c) An abundant, healthy deer herd is a primary goal of fish and wildlife management. The use of a limited unit open season on antlerless deer shall be implemented only after a scientific game management study by the Department of Fish and Wildlife supports such a season.

(d) Annually, the Department shall update a scientific management study of the State deer herd. The study shall consider data provided by Department biologists and citizen testimony taken under subsection (f) of this section.

(e) Based on the results of the updated management study and citizen testimony, the Board shall decide whether an antlerless deer hunting season is necessary and if so how many permits are to be issued. If the Board determines that an antlerless season is necessary, it shall adopt a rule creating one and the Department shall then administer an antlerless program.

(f) Annually, the Department shall hold regional public hearings to receive testimony and data from concerned citizens about their knowledge and concerns about the deer herd. The Board shall identify the regions by rule.

(g) If the Board finds that an antlerless season is necessary to maintain the health and size of the herd, the Department shall administer an antlerless deer program. Annually, the Board shall determine how many antlerless permits to issue in each wildlife management unit. For a nonrefundable fee of $10.00 for residents and $25.00 for nonresidents, a person may apply for a permit. Each person may submit only one application for a permit. The Department shall allocate the permits in the following manner:

(1) A Vermont landowner, as defined in section 4253 of this title, who owns 25 or more contiguous acres and who applies shall receive a permit for antlerless hunting in the management unit on which the land is located before any are given to people eligible under subdivision (2) of this subsection. If the land is owned by more than one individual, corporation, or other entity, only one permit shall be issued. Landowners applying for antlerless permits under this subdivision shall not, at the time of application or thereafter during the regular hunting season, post their lands except under the provisions of section 4710 of this title. As used in this section, “post” means any signage that would lead a reasonable person to believe that hunting is restricted on the land. If the number of landowners who apply exceeds the number of permits for that district, the Department shall award all permits in that district to landowners by lottery.

(2) Permits remaining after allocation pursuant to subdivision (1) of this subsection shall be issued by lottery.

(3) Any permits remaining after permits have been allocated pursuant to subdivisions (1) and (2) of this subsection shall be issued by the Department for a $10.00 fee for residents. Ten percent of the remaining permits may be issued to nonresident applicants for a $25.00 fee.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1979, No. 68, § 1, eff. May 8, 1979; 1979, No. 126 (Adj. Sess.); 1979, No. 189 (Adj. Sess.), § 3, eff. date, see note set out below; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1989, No. 140 (Adj. Sess.), § 1; 1989, No. 248 (Adj. Sess.); 1991, No. 16; 1991, No. 230 (Adj. Sess.), § 6; 1997, No. 99 (Adj. Sess.), § 1; 1997, No. 155 (Adj. Sess.), § 53a, eff. Jan. 1, 1999; 2003, No. 136 (Adj. Sess.), § 2; 2011, No. 54, § 2; 2011, No. 54, § 9, eff. May 31, 2011; 2013, No. 78, § 2.)

§ 4082 Vermont Fish and Wildlife Regulations

(a) The Board may adopt rules, under 3 V.S.A. chapter 25, to be known as the “Vermont Fish and Wildlife Regulations” for the regulation of fish and wild game and the taking thereof except as otherwise specifically provided by law. The rules shall be designed to maintain the best health, population, and utilization levels of the regulated species and of other necessary or desirable species that are ecologically related to the regulated species. The rules shall be supported by investigation and research conducted by the Department on behalf of the Board.

(b)(1) Except as provided for under subdivision (2) of this subsection, the Board annually may adopt rules relating to the management of migratory game birds, and shall follow the procedures for rulemaking contained in 3 V.S.A. chapter 25. For each such rule, the Board shall conduct a hearing but, when necessary, may schedule the hearing for a day before the terms of the rule are expected to be determined.

(2) Beginning with the 2015 hunting season, the Board may set by procedure the daily bag and possession limits of migratory game birds that may be harvested in each Waterfowl Hunting Zone annually without following the procedures for rulemaking contained in 3 V.S.A. chapter 25. The annual daily bag and possession limits of migratory game birds shall be consistent with federal requirements. Prior to setting the migratory game bird daily bag and possession limits, the Board shall provide a period of not less than 30 days of public notice and shall conduct at least two public informational hearings. The final migratory game bird daily bag and possession limits shall be enforceable by the Department under its enforcement authority in part 4 of this title.

(c) The Board may set by procedure the annual number of antlerless deer that can be harvested in each Wildlife Management Unit and the annual number of moose that can be harvested in each Wildlife Management Unit without following the procedures for rulemaking contained in 3 V.S.A. chapter 25. The annual numbers of antlerless deer and moose that can be harvested shall be supported by investigation and research conducted by the Department on behalf of the Board. Prior to setting the antlerless deer and moose permit numbers, the Board shall provide a period of not less than 30 days of public notice and shall conduct at least three public informational hearings. The public informational hearings may be conducted simultaneously with the regional antlerless deer meetings required by 10 V.S.A. App. § 2b. The final annual antlerless deer and moose harvest permit numbers shall be enforceable by the Department under its enforcement authority in part 4 of this title. The final annual antlerless deer and moose harvest permit numbers shall be reported to the House Committee on Environment as part of the annual deer report required under section 4084 of this title. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1979, No. 66, § 1; 1979, No. 68, § 2, eff. May 8, 1979; 1979, No. 148 (Adj. Sess.), §§ 3, 4, eff. April 24, 1980; 1985, No. 215 (Adj. Sess.), § 5, eff. June 2, 1986; 2013, No. 78, § 3; 2013, No. 116 (Adj. Sess.), § 4; 2017, No. 154 (Adj. Sess.), §§ 1, 21, eff. May 21, 2018.)

§ 4083 Fish

Any rule or amendment to a rule adopted pursuant to this subchapter that relates to fish may apply to all or any portion of the State and may address any or all of the following as to any species or varieties of fish:

(1) establish, extend, shorten, or abolish open seasons and closed seasons;

(2) establish, change, or abolish daily limits, season limits, possession limits, and size limits;

(3) establish and change territorial limits for the pursuit, taking, or killing of any species or varieties, and close or open lakes, streams, or parts thereof;

(4) prescribe the manner and the means of pursuing, taking, or killing any species or variety, including the prescribing of type or kinds of bait, lures, tackle, equipment, traps, or any other means or devices for taking such fish;

(5) prescribe such rules relating to transportation and exportation of fish as may be necessary for the enforcement of this part;

(6) establish rules regarding the purchase and sale of fish caught in Vermont, including prohibiting the sale of specified fish, seasons, limits, reporting requirements, and the manner and means of pursuing or taking fish, in accordance with the requirements of part 4 of this title.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 2015, No. 145 (Adj. Sess.), § 1, eff. Jan. 1, 2017; 2017, No. 113 (Adj. Sess.), § 44f.)

§ 4084 Game

(a) Rules concerning wild game may:

(1) establish open seasons; however, rules regarding taking of deer adopted under this subdivision shall, unless there is a scientific reason not to do so, make provision for a regular rifle hunting season of no fewer than 16 consecutive days, an archery season, and a muzzle loader season;

(2) establish daily, season, and possession limits;

(3) establish territorial limits for any rule under this subchapter;

(4) prescribe the manner and means of taking any species or variety, and including reporting and tagging of game;

(5) establish restrictions on taking based upon sex, maturity, or other physical distinction of the species or variety pursued; and

(6) designate Wildlife Management Units for various species or varieties.

(b)(1) On or before July 1 of each year, the Commissioner shall publish a report showing all the Wildlife Management Units and proposed deer seasons. The reports shall include supporting data for the proposed actions.

(2) Each January, the Commissioner shall publish an annual deer report.

(c) The Board may alter the outer boundary of a Wildlife Management Unit no more frequently than every 10 years without approval of the General Assembly; however, the Board shall have authority to subdivide established Wildlife Management Units.

(d), (e) [Repealed.]

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1979, No. 68, § 3, eff. May 8, 1979; 1979, No. 148 (Adj. Sess.), § 1, eff. April 24, 1980; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1985, No. 29, §§ 1, 2; 1985, No. 120 (Adj. Sess.), § 1, eff. April 16, 1986; 1987, No. 10, § 1; 1989, No. 24, § 2; 1991, No. 230 (Adj. Sess.), § 7; 1997, No. 99 (Adj. Sess.), § 2; 2003, No. 136 (Adj. Sess.), § 3; 2013, No. 78, § 4; 2013, No. 116 (Adj. Sess.), § 5, eff. Jan. 1, 2015.)

§ 4085 Reptiles and amphibians; taking; possession

[Subsection (a) effective January 1, 2027.]

(a) A person shall not intentionally take a reptile or amphibian in the State unless authorized by rules adopted under subsection (b) of this section.

(b) The Commissioner may establish requirements for the following by rule:

(1) the collection or possession for commercial use, export, or sale of reptiles and amphibians specified by the Commissioner;

(2) the taking of reptiles or amphibians that have been classified as common, widespread, and abundant, known as S5 ranked species, with stable or increasing populations indicated by data collected or compiled by the Department of Fish and Wildlife;

(3) the taking of a reptile or amphibian that due to population, risk to other native species, or risk to ecosystems has been identified as requiring a reduction in population; or

(4) under specified criteria, the taking, collection, or possession of a specified reptile or amphibian for scientific, educational, or noncommercial cultural or ceremonial purposes.

(c) Rules adopted by the Commissioner of Fish and Wildlife under this section shall be designed to maintain the best health, population, and utilization levels of the regulated reptile or amphibian.

(Added 2025, No. 47, § 13.)

§ 4086 Repealed

[Repealed]

1997, No. 99 (Adj. Sess.), § 11, eff. July 1, 2003.

§§ 4087-4091 Repealed

[Repealed]

1979, No. 66, § 2(1)-(6).

§ 4092 Repealed

[Repealed]

1991, No. 230 (Adj. Sess.), § 1(4).

§§ 4093-4097 Repealed

[Repealed]

1979, No. 66, § 2(7)-(11).

Subchapter 3 Powers and Duties

§ 4131 Repealed

[Repealed]

1991, No. 230 (Adj. Sess.), § 1(5).

§ 4132 General duties of Commissioner

(a) The Commissioner shall have charge of the enforcement of the provisions of this part.

(b) The Commissioner may publish such bulletins as he or she deems advisable for information and instruction concerning the work of the Department and shall keep an account of the business and proceedings of the Department. Any publication available to the general public that describes rules regarding boating and fishing shall include information about aquatic nuisances provided to the Commissioner.

(c) The Commissioner may confer with the fish and wildlife directors or commissioners of other states and Canada.

(d) The Commissioner of Fish and Wildlife may develop promotional programs to include the sale of promotional items at a reasonable profit, to promote hunting, fishing, and trapping and the use of wildlife management areas. Proceeds from the sale of promotional items shall be deposited in the Fish and Wildlife Fund.

(e) The Commissioner, subject to the direction and approval of the Secretary, shall adopt and publish rules in the name of the Agency for reasonable fees or charges for the use of the lands, roads, buildings, other property, and the use of and tuition for the Green Mountain Conservation Camps, notwithstanding 32 V.S.A. § 603. Fees collected for the use of fish and wildlife lands and properties shall be deposited in the Fish and Wildlife Fund.

(f) The Commissioner may collect data, conduct scientific research, and contract with qualified consultants for the purposes of managing fish and wildlife in the State and achieving the requirements and policies of this part. The Commissioner may designate as confidential any records produced or acquired by Department staff or contractors in the conduct of a study of or research related to fish, wildlife, wild plants, or the habitat of fish, wildlife, or wild plants, if release of the records would present a threat of harm to a species or the habitat of a species. Records designated as confidential under this subsection shall be exempt from inspection and copying under the Public Records Act. Records of Department staff or contractors that are not designated as confidential under this subsection shall be available for inspection and copying under the Public Records Act.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 230 (Adj. Sess.), § 8; 2003, No. 121 (Adj. Sess.), § 68, eff. June 8, 2004; 2003, No. 163 (Adj. Sess.), § 10, eff. Jan. 1, 2006; 2005, No. 72, § 10; 2007, No. 76, § 26a; 2015, No. 97 (Adj. Sess.), § 24; 2017, No. 170 (Adj. Sess.), § 1.)

§§ 4133, 4134 Repealed

[Repealed]

, 1966, No. 14, § 2.

§ 4135 Finances, accounts

(a) All monies received by the Commissioner shall be deposited into the State Treasury and credited to the Fish and Wildlife Fund.

(b) All payments by the Commissioner from the Fish and Wildlife Fund shall be disbursed from the State Treasury only upon warrants issued by the Commissioner of Finance and Management, after receipt of proper documentation regarding services rendered and expenses incurred.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1991, No. 230 (Adj. Sess.), § 9.)

§ 4136 Propagation and distribution of fish and wild animals

The Commissioner shall have charge of the propagation and distribution of fish and wild animals, and shall provide for the construction, maintenance, and operation of fish culture facilities, fishways, screens, and weirs. The Commissioner may introduce fish into waters that are not private preserves. The Commissioner may take and transport fish and wild animals at such times and in such manner as she or he deems proper for the artificial propagation thereof, for scientific purposes, and for the proper management of lands owned by the State and controlled by the Department of Fish and Wildlife. The Commissioner may sell, exchange, or dispose at any time of such fish and wild animals as she or he deems for the best interest of the State.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 158 (Adj. Sess.); 1991, No. 230 (Adj. Sess.), § 10.)

§ 4137 Taking by U.S. Armed Forces

The Commissioner may, upon request of appropriate authorities, permit the taking of fish and wild animals in such manner as he or she shall specify by designated units of the U.S. Armed Forces while undergoing maneuvers of the type known as “survival tests.”

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4138 Control of fish, game; powers of Commissioner

(a) The Commissioner may take, permit, or cause to be taken at any time from any waters, and in any manner, fish that hinder or prevent the propagation of game or food fish and may take, permit, or cause to be taken at any time wild animals that are doing damage. Such removal or taking and the possession and disposition of such fish or wild animals shall be under such regulations as the Commissioner may prescribe.

(b) The Commissioner may take necessary measures to control, in public waters, aquatic vegetation, insects, or aquatic life, for the purpose of improving such waters as a habitat.

(c) Any measures that involve temporary pollution of waters shall be carried out in accordance with the provisions of chapter 50, section 1455 of this title.

(d) The Commissioner shall cooperate with the Transportation Board in any proceeding brought under 19 V.S.A. § 37 to protect a highway, railroad, or public airport from impoundments of water created by beaver.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 222 (Adj. Sess.), § 9; 1991, No. 134 (Adj. Sess.), § 1, eff. April 17, 1992; 1991, No. 230 (Adj. Sess.), § 11.)

§ 4139 Closed waters by agreement with owners of land

The Commissioner, by agreement with the owners of lands through which private waters flow or in which private waters lie, the same not being boatable waters, may close such waters, or parts thereof, against fishing, and such waters while closed shall be considered closed waters. In the name of the State, the Commissioner may receive from the owners of such lands such deeds or writings as are necessary for this purpose. Such waters shall not thereafter during the term for which they are closed be included in private preserves or propagation farms. Notice that such waters are closed shall be given by notices posted conspicuously upon the banks or shores of such waters.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4140 Closing waters during spawning

Not less than 10 days prior to and continuing 10 days after the usual spawning periods of any species of game or food fish, the Commissioner may close portions of waters where such species congregate preparatory to or during the spawning season.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4141 Public and private waters, powers as to; private preserve or propagation farm, filing notice of intent

Waters, except closed waters, stocked by the Commissioner, thereafter shall be treated as public waters, but he or she may prohibit fishing therein for a period of not exceeding five years and notice thereof shall be given in the manner provided in section 4139 of this title. A person who might otherwise make the same a private preserve or propagation farm may do so at the expiration of five years from the date of filing with the Commissioner a written notice of such intent. Such notice shall contain a description of the waters, or part thereof, intended to be made a private preserve or propagation farm and shall be kept on file by the Commissioner.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4142 Test waters; notices

(a) For the purpose of securing data relative to the propagation of fish, the Commissioner may designate as test waters streams and ponds within the State. He or she shall cause notices of the designation of any pond or stream as a test water to be published in a newspaper circulating in the vicinity thereof at least three times not more than 30 nor less than five days before the effective date of such designation and to be posted conspicuously on the banks or shores of such waters. Such notices shall state the dates between which such waters are designated as test waters and shall contain such portions of the laws relating to test waters as may be desirable to inform the public of the restrictions thereon.

(b) Fishing in such test waters shall be in accordance with regulations of the Commissioner.

(c) [Repealed.]

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1963, No. 14, eff. March 19, 1963; 1991, No. 230 (Adj. Sess.), § 12.)

§ 4143 Power to sell fish for stocking, other purposes

(a) The Commissioner may sell fish fry, fingerlings, and adult trout to residents of this State for the purpose of stocking waters in the State and he or she may sell to residents fish reared by the State. Such fish shall be sold at a price sufficient to return the State a reasonable profit. The Commissioner shall keep an itemized account of such sales.

(b) A person shall not make other use of such fish fry or fingerlings than is represented in the application therefor or is prescribed by the Commissioner, or make a false statement in such application.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 2011, No. 139 (Adj. Sess.), § 9, eff. May 14, 2012.)

§ 4144 Acquisition of property by State, closed season

(a) The Secretary with approval of the Governor may acquire for the use of the Department of Fish and Wildlife by gift, purchase, or lease any and all rights and interests in lands, ponds, or streams, and hunting and fishing rights and privileges in any lands or waters in the State, and the necessary rights of ingress or egress to and from such lands and waters. The Secretary’s authority to acquire property interests under this section shall include all of the interests that may be acquired under subsection 6303(a) of this title.

(b) The Board may regulate the taking of wild animals on such lands or of fish in such waters and close or open such waters or lands or any part thereof to the taking of fish or wild animals.

(c) Such regulations shall be posted in the areas affected.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 230 (Adj. Sess.), § 13; 2017, No. 170 (Adj. Sess.), § 2.)

§ 4145 Access, landing area rules

(a) The Board may adopt rules, under 3 V.S.A. chapter 25, to regulate the use by the public of access areas, landing areas, parking areas, or of other lands or waters acquired or maintained pursuant to section 4144 of this title. Such rules shall be posted in the areas affected and shall permit the launching of all vessels that have a Vermont registration certificate required by 23 V.S.A. chapter 29 and the parking of vehicles and boat trailers used by these vessels. The rules shall not preclude the authorization to launch vessels not registered in Vermont. These rules also shall permit the launching of all nonmotorized vessels not used for commercial purposes and the parking of vehicles and boat trailers used by these vessels.

(b) The Commissioner may enter into agreements with owners of land, which shall not involve payment to the landowner, in order to allow public access for launching of nonmotorized vessels in public waters. The Commissioner may agree to upgrade the land area in a minor way; for example, the Commissioner may agree to build a footpath to the water, build and maintain a small parking area, or perform minor grading to improve boat access. The Commissioner may not agree to major upgrading, such as building a launching ramp or paving a parking area. A landowner who enters into an agreement under this subsection shall be afforded the landowner liability protections of 12 V.S.A. § 5793. The Commissioner shall post signs in these areas, inviting private contributions to the Fish and Wildlife Fund for the purpose of building and maintaining nonmotorized vessel access areas, and shall issue to any person contributing, a sticker that may be placed on a vessel and that identifies the person as a contributor to the nonmotorized vessel access area program.

(c) The Commissioner shall keep account of funds, including private donations and State appropriations, that are deposited into the Fish and Wildlife Fund for the purpose of building and maintaining access areas and shall annually, on or before January 15, report to the House Committee on Environment, the Senate Committee on Natural Resources and Energy, and the Senate and House Committees on Appropriations, concerning the use of those funds in the past year and plans for use of the funds for the coming year. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

(d) The Board shall allow the Commissioner of Environmental Conservation to post aquatic nuisance signs pursuant to subdivision 1453(b)(6) of this title.

(Added 1961, No. 119, § 1; amended 1991, No. 230 (Adj. Sess.), § 14; 1993, No. 52, § 5; 1999, No. 76 (Adj. Sess.), § 1; 2003, No. 121 (Adj. Sess.), § 69, eff. June 8, 2004; 2013, No. 142 (Adj. Sess.), § 22.)

§ 4146 Public shooting grounds; establishment

The Commissioner may establish public shooting grounds on land acquired or controlled by and under the jurisdiction of the Department. The Commissioner may, for a specified period of time, prohibit or regulate the taking of wild animals in accordance with law on any part or parts of such lands. He or she may also make such regulations as may be necessary for the proper protection and management of such lands. At least 30 days before such a prohibition or regulation takes effect, she or he shall file a copy of same in the office of the town clerk of the town in which such lands lie, and shall cause the same to be published three times in a newspaper having general circulation in such area. Any part or parts of such shooting grounds which are closed against the taking of game shall be surrounded by suitable notices, as prescribed by the Commissioner, placed at conspicuous places along such boundaries.

(Added 1961, No. 119, § 1; amended 1991, No. 230 (Adj. Sess.), § 15.)

§ 4147 Fish and wildlife lands

(a) Notwithstanding the provisions of 29 V.S.A. § 166, the Secretary with the approval of the Governor may convey, exchange, sell, or lease lands of the Department of Fish and Wildlife for one or more of the following purposes:

(1) resolving trespass issues and implementing boundary line adjustments and right-of-way and deed corrections, provided that the transfers are advantageous to the State;

(2) implementing the acquisition of new lands for conservation and public recreation when, in his or her judgment, it is advantageous to the State.

(b) The lease, sale, or exchange of lands under this section shall not include oil and gas leases and shall not be contrary to the terms of any contract that has been entered into by the State.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 240 (Adj. Sess.), § 5, eff. April 28, 1982; 1983, No. 195 (Adj. Sess.), § 5(b); 1991, No. 230 (Adj. Sess.), § 16; 2017, No. 170 (Adj. Sess.), § 3.)

§ 4148 Trespass on State property

A person shall not trespass, in violation of regulations, upon property under the jurisdiction of the Secretary.

(Added 1961, No. 119, § 1; amended 1991, No. 230 (Adj. Sess.), § 17.)

§ 4149 State Ornithologist

The Commissioner, by virtue of his or her office, shall be State Ornithologist and as such may employ, subject to the approval of the Governor, one or more assistants.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4150 Study of birds; dissemination of information

The Ornithologist or his or her assistants shall investigate the distribution, food, and unity of the birds of the State, study regarding their relations to insects and other pests, and disseminate the information thus obtained for the benefit of the people of the State.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4151 Bulletins regarding birds; lectures

The Ornithologist or his or her assistants may prepare bulletins regarding the birds of the State, means of protecting them, the methods of protecting crops from birds and other economic matters relating to birds, and the same may be published. The Ornithologist or his or her assistants may deliver public lectures and addresses; provided, however, that all necessary expenses incident thereto are met by those requesting such services.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4152 Permits for scientific and educational collections

(a) The Commissioner may issue permits to a properly accredited person or educational institution permitting the holder thereof to collect birds, their nests and eggs, and fish and wild animals or parts thereof, for public scientific research or educational purposes of the institution.

(b) The Commissioner may issue a permit to an individual that allows the holder to collect fish and wild animals for the purpose of using them as subjects of art or photography.

(c) The Commissioner may issue a permit to a person that allows the holder to collect and possess a dead salvage bird or bird feathers for noncommercial cultural or ceremonial purposes, provided that the bird was legally acquired, transferred from an individual who acquired it legally, or found dead, and the permittee had no part in the intentional killing of the bird. A permit issued under this section shall comply with federal requirements regarding collection and possession of migratory birds.

(Added 1961, No. 11 § 1, eff. May 9, 1961; amended 1987, No. 171 (Adj. Sess.); 1991, No. 230 (Adj. Sess.), § 30; 2013, No. 116 (Adj. Sess.), § 11.)

§ 4153 Lifetime license; award

(a) The Commissioner is authorized to hold an annual drawing of applications for prizes that the Department may have available such as lifetime or other licenses, time at a Fish and Wildlife Conservation Camp, and fish and wildlife publications. However, the Department shall not offer cash nor purchase or accept goods for the purpose of making them available through the drawing. Anyone who has reached the age of majority may enter the drawing by filling out an application provided by the Commissioner and paying a fee of $2.00. There is no limit to the number of applications a person may enter. Prizes shall be awarded by the random drawing of applications.

(b) The Commissioner shall establish procedures necessary to implement this section.

(c) The agent shall be reimbursed $0.25 per application.

(d) Fees collected under this section shall be deposited into the Fish and Wildlife Fund.

(e) Licenses awarded under this section shall be paid for from the fees collected under this section.

(Added 1991, No. 96; amended 1993, No. 110 (Adj. Sess.), § 1.)

Subchapter 4 Game Wardens

§ 4191 Game wardens, number, record

(a) The Commissioner, with the approval of the Governor, may employ a chief game warden and as many State game wardens as may be required for the proper enforcement of the fish and wildlife laws of the State. These officers shall be included in the classified service created in 3 V.S.A. chapter 13. These officers and deputy game wardens employed as herein provided shall be sworn to the faithful performance of their duties. The Commissioner may appoint and employ for a limited time as many deputy game wardens as deemed necessary. The number of game wardens shall be determined by the Commissioner with the approval of the Governor. A copy of the appointment and oath of office of each game warden and deputy shall be filed in the office of the Commissioner.

(b) While so employed, game wardens shall devote their entire time to the discharge of their duties and shall not be engaged in any other business without having first obtained permission to do so from the Commissioner. The Commissioner may grant permission if it appears that the outside employment will not render the warden unavailable during an emergency, will not physically or mentally exhaust the warden to the point that performance of duties might be affected, and will not require that any special consideration be given to scheduling of regular duty hours.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 101 (Adj. Sess.); 1991, No. 230 (Adj. Sess.), § 18.)

§ 4192 Duties of deputy game wardens

Deputy game wardens shall have authority to enforce all provisions of this part and all orders and rules adopted thereunder. They shall also have authority to enforce the provisions of chapter 47 of this title, 13 V.S.A. § 3705, 24 V.S.A. § 2201, Title 25, and 23 V.S.A. chapter 29.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1967, No. 96, eff. April 13, 1967; 1971, No. 245 (Adj. Sess.), § 3, eff. April 6, 1972; 1991, No. 215 (Adj. Sess.), § 1.)

§ 4193 Seizure; power to arrest

(a) The Chief Game Warden and State and deputy game wardens shall seize fish or wild animals taken or held in violation of a provision of this part or regulations or orders authorized under this part. They may arrest, without warrant and on view, in any part of the State, a person violating a provision of this part or regulations or orders authorized under this part and take such person before a magistrate having jurisdiction of the offense and detain such person in custody at the expense of the State until opportunity is had to notify a prosecuting officer, who shall forthwith prosecute such offender.

(b) While the State of New York shall have in effect a law similar to this subsection for the arrest and punishment of violations of the conservation or fish laws of this State or the State of New York, committed or attempted to be committed by any person fishing in that portion of Lake Champlain lying between such states, any game protector, game warden, sheriff, deputy sheriff or other person of either state, who is authorized to make arrests for violations of the conservation or fish laws of such states, shall have power and authority to make arrest on any part of such lake between such states or the shores thereof and to take the person so arrested for trial to the state in which the violation was committed and there to prosecute such person according to the laws of such state.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4194 Repealed

[Repealed]

1991, No. 215 (Adj. Sess.), § 4.

§ 4195 Power as to forest fires; payment

(a) While in and about the woods, the game wardens shall caution persons as to the danger of fires and shall extinguish a fire left burning. When a fire is threatening to extend beyond his or her control, the game warden shall notify all parties interested and the forest fire warden of the town in which such fire occurs. Until the arrival of such fire warden, he or she shall have all the powers of such fire warden.

(b) Such game wardens shall render a statement accompanied by proper vouchers for expense incurred in respect to such fire to the treasurer of the town in which the fire occurred and such town shall make payment therefor in the manner provided for the payment of forest fire wardens.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4196 Instructions and meetings

The Chief Game Warden, with the advice and consent of the Commissioner, shall instruct and assist the game wardens in their duties and from time to time may call such wardens together at some time and place designated by the Commissioner for instruction in their duties.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4197 Records and reports

A game warden shall keep a record of his or her official acts in the manner and form prescribed by the Commissioner. He or she shall submit such record and such reports to the Commissioner as he or she may require.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4198 Police powers; training; State game wardens; deputy game wardens

Upon obtaining from the Vermont Criminal Justice Council Level II or Level III law enforcement officer certification as established in 20 V.S.A. § 2358, State game wardens and deputy game wardens shall have the same law enforcement authority, duties, and powers as State Police, sheriffs, constables, and municipal police and shall have all immunities and defenses now or hereafter available to State Police, sheriffs, constables, and municipal police in a suit brought against them in consequence of acts done in the course of their employment. State game wardens and deputy game wardens shall receive their regular compensation during the time they are enrolled in the training program.

(Added 1973, No. 200 (Adj. Sess.), amended 1979, No. 57, § 11; 1991, No. 215 (Adj. Sess.), § 2; 1993, No. 236 (Adj. Sess.), § 4; 2013, No. 141 (Adj. Sess.), § 16, eff. July 1, 2015.)

§ 4199 Reciprocal assistance agreements

(a) In this section, “officer” means a game warden, a conservation law enforcement officer, or a person in another state charged with enforcing the fish and wildlife laws of that state.

(b) The Commissioner may enter into a reciprocal assistance agreement with his or her counterpart in any other state. An agreement made under this section shall be for the purpose of cooperating and assisting each other in detecting and apprehending people violating the fish and wildlife or environmental laws of the State, subject to the limitations of section 4193 of this title.

(c) Pursuant to an agreement under this section, the Commissioner may send fish and wildlife wardens into another state for the purpose of assisting the officers of that state and may accept officers of another state into Vermont for the purpose of assisting Vermont wardens.

(d) Under an agreement pursuant to this section:

(1) When a Vermont game warden or an officer of one state enters another state for the purposes of assistance, he or she shall be under the operational control of the chief officer of the host state and shall have the same duties, rights, privileges, and immunities as officers of the host state. An officer of another state operating in Vermont under this section shall have the same powers as a Vermont game warden provided the officer is certified by the Executive Director of the Vermont Criminal Justice Council as meeting the standards established in 20 V.S.A. § 2358 for Vermont law enforcement officers. This subsection does not nullify subsection 4193(b) of this title.

(2) When an officer is serving in another state under this section, the host state shall assume liability to third persons for actions of that officer taken on account of or in connection with a request for assistance hereunder but only to the extent that the host state would be liable for actions of one of its own officers. The home state of the officer shall be responsible for payment of salary, expenses, and injury and death benefits of the officer while on duty in another state.

(e) A reciprocal assistance agreement shall be executed in writing, shall set forth the terms and conditions under which assistance may be requested or rendered and shall remain in full force and effect until terminated by mutual consent of the parties to the agreement, or until 10 days after one of the parties has given notification to another party of intention to terminate the agreement.

(Added 1991, No. 171 (Adj. Sess.).)

Chapter 105 Licenses

Subchapter 1 Generally

§ 4251 Taking wild animals and fish; license

(a) Except as provided in sections 4253 and 4254b of this title, a person shall not take wild animals or fish without first having procured a license therefor; provided, however, that a person under 15 years of age may take fish in accordance with this part and regulations of the Board, without first having procured a license therefor.

(b) The Commissioner of Fish and Wildlife may designate two days each calendar year as “free fishing days” for which no license shall be required. One day shall occur in the open water fishing season and one day shall occur during the ice fishing season.

(c) The Commissioner of Fish and Wildlife may designate Labor Day weekend each year as “free mentored fishing weekend,” during which up to four unlicensed anglers aged 15 years or older can fish with one licensed angler throughout this three-day period.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1989, No. 27; 1989, No. 36, § 4; 2013, No. 78, § 5; 2025, No. 47, § 8, eff. July 1, 2025.)

§ 4252 Activities permitted under licenses

(a) Subject to provisions of this part and rules of the Board:

(1) A fishing license shall entitle the holder to take fish.

(2) A hunting license shall entitle the holder to take wild animals, other than fish, except by trapping and for those species that require a separate big game license, and to shoot and spear pickerel.

(3) A trapping license shall entitle the holder to take animals other than fish with the use of traps.

(4) A combination fishing and hunting license shall entitle the holder to take fish and wild animals, except by trapping and for those species that require a separate big game license, and to shoot and spear pickerel.

(5) An archery license shall entitle the holder to take wild deer by bow and arrow or crossbow.

(6) A muzzle loader license shall entitle the holder to take deer with a muzzle loading firearm.

(7) A turkey license shall entitle the holder to take wild turkey.

(8) A small game license shall entitle the holder to take small game by any lawful means other than a trap.

(9) [Repealed.]

(10) [Repealed.]

(11) A moose license shall entitle the holder who has been issued a moose permit under the authority of the Fish and Wildlife Board under subsection 4081(b) and sections 4082 and 4084 of this title to take moose.

(12) A super sport license shall entitle the holder to take fish, shoot pickerel, take wild animals pursuant to chapter 113 of this title, take wild animals as allowed under a combination hunting and fishing license and the following big game licenses: archery, muzzle loader, and turkey. The Commissioner may establish procedures to encourage purchasers of a super sport license to make a stewardship donation of $10.00 to the Fish and Wildlife Fund for the purpose of habitat improvement.

(13) A mentored hunting license shall entitle the holder to the same privileges as permitted by the fully licensed accompanying hunter’s hunting license under subdivision (2) of this section.

(14) A free youth turkey hunting weekend license for persons aged 15 or under on youth turkey hunting weekend shall entitle the holder to take wild turkey.

(15) A free youth deer weekend license for persons aged 15 or under on youth deer hunting weekend shall entitle the holder to take deer.

(16) A youth hunting license for persons aged 17 and under on the date of the license purchase shall entitle the holder to take wild animals, other than fish, except by trapping and for those animals that require a separate big game license, and to shoot and spear pickerel.

(17) A youth fishing license, eligible for persons aged 15 to 17 on the date of the license purchase, shall entitle the holder to take fish.

(18) A youth combination fishing and hunting license, eligible for persons aged 15 to 17 on the date of the license purchase, shall entitle the holder to take fish and wild animals, except by trapping and for those animals that require a separate big game license, and to shoot and spear pickerel.

(b) In addition to the activities authorized under subsection (a) of this section and the rules authorized thereunder, the holder of an archery license or a super sport license may possess a handgun while archery hunting, provided that the license holder shall not take game by firearm while archery hunting. As used in this section, “handgun” means a pistol or revolver which will expel a projectile by the action of an explosive.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1989, No. 190 (Adj. Sess.), § 2; 1991, No. 199 (Adj. Sess.), § 1, eff. May 27, 1992; 1997, No. 99 (Adj. Sess.), § 4; 1999, No. 30, § 1, eff. Jan. 1, 2000; 2003, No. 163 (Adj. Sess.), § 12; 2005, No. 72, § 11; 2009, No. 120 (Adj. Sess.), § 2, eff. January 1, 2011; 2011, No. 128 (Adj. Sess.), § 27; 2013, No. 78, § 6; 2015, No. 97 (Adj. Sess.), § 25; 2019, No. 50, § 10.)

§ 4253 Landowner; family; exception

(a) A resident owner of lands, his or her spouse, and their minor children may, without procuring a license under this chapter, take fish from the waters therein, shoot pickerel, and take wild animals or wild birds therein subject to the provisions of this part.

(b) A nonresident owner of lands, his or her spouse, and their minor children, may without procuring a license under this chapter, take fish from the waters therein, shoot pickerel, and take wild animals or wild birds thereon subject to the provisions of this part, except if the lands are posted under provisions other than section 4710 of this title.

(c) As used in this section, “post” means any signage that would lead a reasonable person to believe that hunting is prohibited on the land.

(d) Nothing in this section shall be construed to:

(1) exempt a captive hunt facility from the permitting requirements adopted under the rules of the Fish and Wildlife Board; or

(2) without a permit from the Commissioner of Fish and Wildlife, allow any person, including a hunt club, hunting association, or multiple landowners, to transport, possess, or fence any animal for the purpose of taking or attempting to take the animal by hunting.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1969, No. 274 (Adj. Sess.); 1973, No. 178 (Adj. Sess.), § 1; 1981, No. 85, § 2; 2011, No. 54, § 10, eff. May 31, 2011; 2013, No. 116 (Adj. Sess.), § 2, eff. May 5, 2014.)

§ 4254 Fishing and hunting licenses; eligibility, design, distribution, sale, and issue

(a) Fishing licenses. A fishing license may be issued to any person aged 15 or older.

(b) Hunting licenses. A resident or nonresident hunting license, combination fishing and hunting license, or archery license may be issued to any person, provided that the applicant prior to issue first presents:

(1) a certificate of satisfactory completion of a Vermont hunter safety course, bow hunter education course as applicable, or an equivalent approved by the Commissioner; or

(2) a certificate of satisfactory completion of a hunter safety course, or bow hunter education course as applicable, in another state or a province of Canada which is approved by the Commissioner; or

(3) a hunting license, a combination hunting and fishing license, or archery license, if applicable, issued for this State or any other state or a province of Canada and valid for any license year; or

(4) other satisfactory proof that the applicant has previously held a hunting, or combination hunting and fishing license or archery license, if applicable. A hunting license or archery license may be issued to a person aged 15 or under only with the written consent of the applicant’s parent or legal guardian given in the presence of the agent issuing the license.

(c) Hunter Education. The Commissioner shall provide for a course of basic instruction in the safe handling of firearms, survival training, and first aid training and a course in bow hunter education. For this purpose, the Commissioner may cooperate with any reputable association, organization, or agency, and he or she may designate any person found by him or her to be competent to give such instruction. A person satisfactorily completing the course of instruction shall receive from the instructor a certificate in evidence thereof. No fee shall be charged for a course of instruction provided under this subsection.

(d) Administration. The Commissioner shall be responsible for the design of all licensing documents and forms, the sale of licenses, the reporting of sales, and the full return of all funds due the Department.

(e) Licenses. The Commissioner shall establish:

(1) license agencies, for the sale and distribution of licenses or lottery applications for licenses, including any town clerk who desires to sell licenses or process lottery applications for licenses;

(2) the number, type, and location of license agencies, other than town clerk agencies;

(3) the qualifications of all agencies and agents except town clerks;

(4) controls for the inventory, safeguarding, issue, and recall of all licensing materials;

(5) the times and methods for reporting the sale and issuance of all licenses;

(6) procedures for accounting for and return of all monies and negotiable documents due the Department from agencies in accordance with the provisions of this title and Title 32 of the Vermont Statutes Annotated;

(7) procedures for the audit of all license programs and license agency transactions and the proper retention and inspection of all accounting and inventory records related to the sale or issuance of licenses;

(8) procedures for the suspension of any license agent or agency, including a town clerk agent, for noncompliance with the provisions of this title, any written agreement between the agent and the Department, or any licensing rule established by the Department;

(9) that for each license or lottery application, $1.50 of the fee is a filing fee that may be retained by the agent, except for the super sport license for which $5.00 of the fee is a filing fee that may be retained by the agent; and

(10) that for licenses, lottery applications, and tags issued where the Department does not receive any part of the fee, $1.50 may be charged as a filing fee and retained by the agent.

(f) License agency. All persons or businesses who wish to serve as agents shall apply on forms provided by the Department. Except for the fee collected under subdivision (e)(9) of this section, all license fees collected by an agent are the property of the State of Vermont and shall be promptly paid to the State following the procedures established under subdivision (e)(6) of this section.

(g) [Repealed.]

(h) Lotteries. If the Board decides to hold a lottery for the purpose of allocating permits to hunt or fish, except for a lottery held pursuant to section 4081 or 4153 of this title or for water fowl hunting permits for specific areas as defined by the Board by rule, the Department shall require that each resident entering the lottery shall submit a nonrefundable fee of $10.00 and each nonresident entering the lottery shall submit a nonrefundable fee of $25.00 with each application. Proceeds from the sale of applications shall be deposited into the Fish and Wildlife Fund.

(i) Moose hunting.

(1) If the Board establishes a moose hunting season, not more than 10 percent of the total number of annual moose permits authorized by the Board shall be set aside to be auctioned. The total number of annual moose permits set aside to be auctioned shall not exceed six. The moose permits, if any, set aside for auction shall be included in the total number of annual moose permits authorized by the Board. The Board shall adopt rules necessary for the Department to establish, implement, and run the auction process. The Commissioner annually may establish a minimum dollar amount of not less than $1,500.00 for any winning bid for a moose permit auctioned under this subdivision. Proceeds from the auction shall be deposited in the Fish and Wildlife Fund and used for conservation education programs run by the Department. Successful bidders must have a Vermont hunting or combination license in order to purchase a moose permit.

(2) If the Board establishes a moose hunting season, the Commissioner shall set aside not more than 10 percent of the total number of annual moose permits authorized by the Board for Vermont residents who have served on active duty in any branch of the U.S. Armed Forces provided that he or she has not received a dishonorable discharge. The total number of annual moose permits set aside for Vermont veterans shall not exceed six. Veterans awarded a moose permit under this subsection shall possess a valid Vermont hunting license or combination license in order to purchase a moose permit. The Department of Fish and Wildlife shall coordinate with the Office of Veterans Affairs to provide notice to eligible veterans of the moose permits set aside under this subsection.

(3) The Department of Fish and Wildlife shall adopt a procedure to implement the set-aside program for auction and for veterans, including a method to award applicants bonus points and a method by which auction participants and veterans who applied for but failed to receive a permit in one hunting season are awarded priority in the subsequent moose hunting season. The procedure adopted under this subdivision may include a provision for freezing bonus points in the event that the Board does not approve a moose hunting season or approves a small number of permits for the moose hunting season.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1963, No. 126, § 1, eff. Jan. 1, 1964; 1967, No. 373 (Adj. Sess.), § 1, eff. March 27, 1968; 1973, No. 169 (Adj. Sess.), § 1; 1973, No. 173 (Adj. Sess.), § 1; 1977, No. 111, § 2, eff. Jan. 1, 1978; 1977, No. 225 (Adj. Sess.), §§ 1, 2, 10, eff. April 12, 1978; 1989, No. 87, § 1, eff. June 6, 1989; 1989, No. 190 (Adj. Sess.), § 3; 1993, No. 192 (Adj. Sess.), § 1; 1997, No. 59, § 42, eff. June 30, 1997; 1997, No. 155 (Adj. Sess.), § 42, eff. Jan. 1, 1999; 1999, No. 30, § 3, eff. Jan. 1, 2001; 2001, No. 65, § 19, eff. Jan. 1, 2002; 2003, No. 163 (Adj. Sess.), § 13, eff. Nov. 1, 2004; 2005, No. 42, § 1; No. 72, § 11a; 2007, No. 98 (Adj. Sess.), § 1; 2009, No. 146 (Adj. Sess.), § B11; 2011, No. 128 (Adj. Sess.), § 28; 2013, No. 78, § 7; 2015, No. 61, §§ 2, 14, eff. June 17, 2015; 2017, No. 170 (Adj. Sess.), § 4, eff. May 22, 2018; 2019, No. 14, § 43, eff. April 30, 2019; 2019, No. 50, § 5, eff. Jan. 1, 2020.)

§ 4254a Trapping licenses

(a) A resident, resident youth aged 17 or under on the date of license purchase, or nonresident trapping license may be issued to any person, provided that the applicant prior to issue first presents:

(1) a certificate of satisfactory completion of a trapper education course or its equivalent approved by the Commissioner; or

(2) a certificate of satisfactory completion of a trapper education course in another state or a province of Canada that is approved by the Commissioner; or

(3) a trapping license issued for this State or any other state or province of Canada and valid for any license year; or

(4) other satisfactory proof that the applicant has previously held a valid trapping license.

(b) The Commissioner shall provide for a course of basic instruction in trapper education. For this purpose, the Commissioner may cooperate with any reputable association, organization, or agency and may designate any person found by the Commissioner to be competent to give such instruction. A person so designated shall give such instruction and upon the successful completion thereof shall issue to a person satisfactorily completing the course of instruction a certificate in evidence thereof. No fee may be charged for taking a course of instruction provided for under this subsection.

(Added 1989, No. 36, § 3; amended 2011, No. 128 (Adj. Sess.), § 29.)

§ 4254b Therapeutic group fishing license

(a) As used in this section:

(1) “Health care professional” means an individual licensed or certified or otherwise authorized by Vermont law to provide professional health services.

(2) “Health service” means any treatment or procedure delivered by a health care professional to maintain an individual’s physical or mental health or to diagnose or treat an individual’s physical or mental health condition, including services ordered by a health care professional, chronic care management, preventive care, wellness services, and medically necessary services to assist in activities of daily living.

(3) “Individual representing a long-term care facility” means an employee of a long-term care facility or a person recognized as an official volunteer by the long-term care facility.

(4) “Long-term care facility” means any facility required to be licensed under 33 V.S.A. chapter 71 or a psychiatric facility with a long-term care unit required to be licensed under 18 V.S.A. chapter 43.

(b) The Commissioner may issue an annual therapeutic group fishing license to a health care professional or an individual representing a long-term care facility. A therapeutic group fishing license shall allow up to four persons per day to fish at one time, provided that:

(1) the persons are under the care of a health care professional or are residing in a long-term care facility; and

(2) while fishing, the persons are supervised by the health care professional or the individual representing a long-term care facility who was issued the therapeutic group fishing license.

(c) A person fishing under a therapeutic group fishing license shall not be required to obtain a fishing license under section 4251 of this title but shall be required to comply with all other requirements of this chapter, chapter 111 of this title, and the rules of the Board. When a person or group of persons is fishing under a therapeutic group fishing license, the person or group shall be accompanied at all times by the health care professional or the individual representing a long-term care facility to which the license was issued. The health care professional or individual representing a long-term care facility may assist persons fishing under the license with all aspects of fishing activity. The health care professional or individual representing a long-term care facility shall carry the license at all times while a person is fishing under the license and shall produce the license on demand by any fish and wildlife warden.

(Added 2013, No. 78, § 8.)

§ 4254c Notice of trapping; dog or cat

A person who incidentally traps a dog or cat shall notify a fish and wildlife warden or the Department within 24 hours after discovery of the trapped dog or cat. The Department shall maintain records of all reports of incidentally trapped dogs or cats submitted under this section, and the reports shall include the disposition of each incidentally trapped dog or cat.

(Added 2017, No. 170 (Adj. Sess.), § 10, eff. Jan. 1, 2019.)

§ 4255 License fees

(a) Vermont residents may apply for licenses on forms provided by the Commissioner. Fees for each license shall be:

| | (1) Fishing license | $28.00 | | | --- | --- | --- | --- | | | (2) Hunting license | $28.00 | | | | (3) Combination hunting and fishing license | $47.00 | | | | (4) Big game licenses (all require a hunting license) | | | | | | (A) archery license | $23.00 | | | | (B) muzzle loader license | $23.00 | | | | (C) turkey license | $23.00 | | | | (D) [Repealed.] | | | | | (E) [Repealed.] | | | | | (F) moose license | $100.00 | | | | (G) bear tag | $5.00 | | | | (H) additional deer archery tag | $23.00 | | | (5) Trapping license | $23.00 | | | | (6) Hunting license for persons 17 years of age or under | $8.00 | | | | (7) Trapping license for persons 17 years of age or under | $10.00 | | | | (8) Fishing license for persons 15 through 17 years of age | $8.00 | | | | (9) Super sport license | $150.00 | | | | (10) Three-day fishing license | $11.00 | | | | (11) Combination hunting and fishing license for persons 17 years of age or under | $12.00 | | | | (12) Mentored hunting license | $10.00 | |

(b) Nonresidents may apply for licenses on forms provided by the Commissioner. Fees for each license shall be:

| | (1) Fishing license | $54.00 | | | --- | --- | --- | --- | | | (2) One-day fishing license | $21.00 | | | | (3) [Repealed.] | | | | | (4) Hunting license | $102.00 | | | | (5) Combination hunting and fishing license | $143.00 | | | | (6) Big game licenses (all require a hunting license) | | | | | | (A) archery license | $38.00 | | | | (B) muzzle loader license | $40.00 | | | | (C) turkey license | $38.00 | | | | (D) [Repealed.] | | | | | (E) [Repealed.] | | | | | (F) moose license | $350.00 | | | | (G) bear tag | $15.00 | | | | (H) additional deer archery tag | $38.00 | | | (7) Small game licenses | | | | | | (A) all season | $50.00 | | | | (B) [Repealed.] | | | | (8) Trapping license | $305.00 | | | | (9) Hunting licenses for persons 17 years of age or under | $25.00 | | | | (10) Three-day fishing license | $23.00 | | | | (11) Seven-day fishing license | $31.00 | | | | (12) Archery-only license (does not require hunting license) | $75.00 | | | | (13) Fishing license for persons 15 through 17 years of age | $15.00 | | | | (14) Super sport license | $250.00 | | | | (15) Combination hunting and fishing license for persons 17 years of age or under | $30.00 | | | | (16) Mentored hunting license | $10.00 | |

(c) A permanent or free license may be secured on application to the Department by a person qualifying as follows:

(1) A Vermont resident 66 years of age or older may receive one or all of the following licenses for $60.00:

(A) a permanent fishing license;

(B) if the person qualifies for a hunting license, a permanent combination fishing and hunting license, which shall include all big game licenses except for a moose license;

(C) if the person qualifies for a trapping license, a permanent trapping license; and

(D) if the person qualifies for an archery license, a permanent archery license.

(2) A person who is legally blind who is a Vermont resident may receive a free permanent fishing license upon submittal of proper proof of blindness as the Commissioner shall require. A person who is legally blind who is a resident in a state that provides a reciprocal privilege for Vermont residents may receive a free one-year fishing license.

(3) A Vermont resident with paraplegia as defined in subdivision 4001(30) of this title or a permanent, severe, physical mobility disability certified by a physician may receive a free permanent fishing license or, if the person qualifies for a hunting license, a free combination hunting and fishing license. A person with paraplegia or a person certified by a physician to have permanent, severe, physical mobility disability who is a resident of a state that provides a reciprocal privilege for Vermont residents may receive a free one-year fishing license or, if the person qualifies for a hunting license, a free one-year combination fishing and hunting license.

(4) A Vermont resident who is a veteran of the U.S. Armed Forces and who is, or ever has been, 60 percent disabled as a result of a service-connected disability may receive a free fishing, hunting, or combination hunting and fishing license that shall include all big game licenses, except for a moose license, upon presentation of a certificate issued by the veterans’ administration so certifying. A resident of a state that provides a reciprocal privilege for Vermont veterans and who would qualify for a free license under this subdivision if the person were a Vermont resident may receive a free one-year fishing, hunting, or combination hunting and fishing license.

(5) A person participating in a fishing tournament for Special Olympics may receive a free fishing license valid for that event.

(6) In each year a permanent license holder intends to hunt, trap, or fish, the permanent license holder shall notify the Department that he or she will exercise his or her hunting, trapping, or fishing privileges. Failure to notify the Department as required by this subdivision (c)(6) shall not result in the assessment of points under section 4502 of this title.

(7) A certified citizen of a Native American Indian tribe that has been recognized by the State pursuant to 1 V.S.A. chapter 23 may receive free of charge one or all of the permanent fishing, hunting, or trapping licenses set forth in subdivisions (1)(A)–(D) of this subsection if qualified for the license and upon submission of a current and valid tribal identification card.

[Subdivision (c)(8) effective January 1, 2026.]

(8) A person with developmental disabilities who is a Vermont resident may receive a free permanent fishing license upon submission to the Commissioner of a statement signed by the person’s treating health care provider, as that term is defined in 18 V.S.A. § 9402, certifying that the person meets the definition of a person with development disabilities. “A person with developmental disabilities” has the same meaning as in 18 V.S.A. § 9302.

(d) A nonresident student who is otherwise qualified and who is enrolled in a program of secondary education or in a college or university within the State at which he or she has successfully completed two successive semesters shall be entitled to a resident fishing, hunting, or combination hunting and fishing license upon presentation of a document from a school that affirms his or her status and payment of the fees set forth in this section, provided the student applies for the license to an authorized license agent.

(e) The Commissioner shall issue honorary hunting and fishing licenses to the President and Vice President of the United States. The Commissioner may, at his or her discretion, issue free licenses that are valid for one year or less.

(f)-(h) [Repealed.]

(i)(1) The fee for a permit to trap hare and rabbits shall be $20.00.

(2) The fee for a permit to transport minnows or bait fish shall be $50.00.

(j) If the Board determines that a moose season will be held in accordance with the rules adopted under sections 4082 and 4084 of this title, the Commissioner annually may issue three no-cost moose licenses to a person who has a life-threatening disease or illness and who is sponsored by a qualified charitable organization, provided that at least one of the no-cost annual moose licenses awarded each year shall be awarded to a child or young adult 21 years of age or under who has a life-threatening illness. The child or adult shall comply with all other requirements of this chapter and the rules of the Board. Under this subsection, a person may receive only one no-cost moose license in his or her lifetime.

(k) The Commissioner may issue multi-year hunting, fishing, trapping, or combination hunting and fishing licenses of up to five years’ duration. The cost of these licenses shall be the sum of the license fee established by this section for the first year, plus the cost of each additional year minus the filing fee established by subdivision 4254(e)(9) of this title for each year.

(l) If the Board determines that it is in the interest of bear management, it may authorize the Department to issue bear tags in addition to those allowed by a hunting license issued under this chapter.

(m) The fee for a therapeutic group fishing license issued under section 4254b of this title shall be $50.00 per year, provided that the Commissioner may waive the fee under this section if the applicant for a therapeutic group fishing license completes instructor certification under the Department’s Let’s Go Fishing Program. The Commissioner may, at his or her discretion, issue a free therapeutic fishing license to an applicant.

[Subsection (n) effective January 1, 2026.]

(n) The Commissioner shall maintain an accounting of lost revenue due to the issuance of free licenses. The Commissioner annually on or before January 15 shall submit to the Senate Committees on Appropriations and on Finance and the House Committees on Appropriations and on Ways and Means an accounting of lost revenue from the previous calendar year due to the issuance of free licenses.

(Added 1961, No. 59, § 1, eff. April 4, 1961; amended 1963, No. 27, § 1; 1967, No. 34, § 1, eff. March 16, 1967; 1967, No. 373 (Adj. Sess.), § 2, eff. March 27, 1968; 1971, No. 224 (Adj. Sess.), § 1, eff. Jan. 1, 1973; 1973, No. 27, eff. Jan. 1, 1974; 1973, No. 173 (Adj. Sess.), § 2; 1977, No. 103, § 3, eff. May 6, 1977; 1979, No. 189 (Adj. Sess.), § 1; 1983, No. 68, § 1; 1985, No. 215 (Adj. Sess.), § 3, eff. June 2, 1986; 1987, No. 118, § 1, eff. Jan. 1, 1988; 1987, No. 170 (Adj. Sess.); 1989, No. 36, § 5; 1989, No. 190 (Adj. Sess.), § 4; 1991, No. 11, §§ 1-3; 1991, No. 30; 1991, No. 34, § 2, eff. Jan. 1, 1992; 1991, No. 34, § 3, eff. June 1, 1991; 1991, No. 199 (Adj. Sess.), §§ 2, 3, eff. May 27, 1992; 1991, No. 205 (Adj. Sess.), §§ 2, 3, eff. July 1, 1993; 1991, No. 230 (Adj. Sess.), § 19; 1991, No. 254 (Adj. Sess.); 1993, No. 191 (Adj. Sess.), § 3; 1997, No. 59, § 43, eff. Jan. 1, 1998; 1997, No. 59, § 43a, eff. June 30, 1997; 1997, No. 155 (Adj. Sess.), § 43, eff. Jan. 1, 1999; 2001, No. 65, § 20, eff. Jan. 1, 2002; 2003, No. 61, § 4; 2003, No. 163 (Adj. Sess.), § 14, eff. Jan. 1, 2005; 2005, No. 72, § 11b; 2007, No. 76, § 27, eff. Jan. 1, 2008; 2009, No. 33, § 83(e)(6); 2009, No. 120 (Adj. Sess.), § 3, eff. Jan. 1, 2011; 2009, No. 134 (Adj. Sess.), § 29, eff. Jan. 1, 2011; 2011, No. 33, § 11a; 2011, No. 128 (Adj. Sess.), § 35a; 2011, No. 128 (Adj. Sess.), § 30, eff. Jan. 1, 2014; 2013, No. 78, § 9; 2013, No. 96 (Adj. Sess.), § 37; 2013, No. 116 (Adj. Sess.), § 3, eff. May 5, 2014; 2015, No. 57, § 24, eff. Jan. 1, 2016; 2015, No. 61, § 3, eff. Jan. 1, 2016; 2015, No. 61, § 5, eff. June 17, 2015; 2015, No. 149 (Adj. Sess.), § 44; 2017, No. 33, § 1, eff. Jan. 1, 2018; 2019, No. 50, § 7, eff. Jan. 1, 2020; 2019, No. 70, § 5, eff. Jan. 1, 2020; 2019, No. 143 (Adj. Sess.), § 1, eff. Jan. 1, 2021; 2021, No. 179 (Adj. Sess.), § 15, eff. January 1, 2023; 2025, No. 47, § 7, eff. January 1, 2026.)

§ 4256 Mentored hunting licenses

(a) An individual who holds a mentored hunting license shall be entitled to hunt only when accompanied by an individual 21 years of age or older who holds a valid hunting license under subsection 4254(b) of this title. A resident or nonresident mentored hunting license may be issued to any person who has not taken a hunter safety course as required under subdivisions 4254(b)(1) and (2) of this title, provided that:

(1) A mentored hunting license shall only be issued twice to any one individual, and each license shall last until December 31 of the year for which the license was issued.

(2) A mentored hunting license shall not be issued to any individual who has held a valid hunting license under subsection 4254(b) of this title or an equivalent license in any other state.

(3) The mentored hunting license shall not be issued to a person under 16 years of age without the written consent of the applicant’s parent or legal guardian given in the presence of the agent issuing the license.

(b) Having held a valid mentored hunting license does not exempt an individual from meeting all the requirements for a hunting license under subsection 4254(b) of this title.

(c) At the time of licensing, the Department shall provide each mentored hunter a document to explain the details of the mentored hunting license program and to educate the mentored hunter about hunting safety and responsibility. The applicant shall certify, according to Department procedure, that he or she has read the document. The Department shall provide copies of this document to all locations authorized to sell licenses pursuant to subsection 4254(e) of this title.

(d) As used in this section, “accompany,” “accompanied,” or “accompanying” means that the mentored hunter is in the direct control and supervision of the licensed hunter and is within 15 feet of the licensed hunter. While hunting, an individual who holds a valid hunting license under subsection 4254(b) of this title shall accompany only one mentored hunter at a time.

(e) An individual who holds a mentored hunting license is not eligible to hunt moose pursuant to subsection 4254(b) of this title.

(f) An individual who holds a mentored hunting license shall be subject to the bag limit of the fully licensed accompanying hunter. When game is taken by a mentored hunter, it shall be deemed taken by the fully licensed accompanying hunter.

(g) Notwithstanding subdivision 5101(a)(1) of this title, after tagging and reporting game pursuant to fish and wildlife regulations, a person who holds a mentored hunting license may, unaccompanied by the fully licensed accompanying hunter, transport game the mentored hunter has taken.

(h) The scheduled amount of a fine under section 4555 of this title shall be doubled for a violation of this section, and the fine shall be assessed against the licensed adult accompanying the mentored hunter.

(i) On demand of a game warden or other officer authorized by law to make arrests, or of the owner of the land on which a person is hunting, the individual who holds a mentored hunting license shall exhibit the license.

(Added 2009, No. 120 (Adj. Sess.), § 1, eff. Jan. 1, 2011; amended 2015, No. 61, § 6, eff. Jan. 1, 2016.)

§ 4257 Repealed

[Repealed]

1989, No. 190 (Adj. Sess.), § 5.

§ 4258 License; U.S. Armed Forces

A license to hunt or fish shall be issued, upon payment of the resident license fee, to any member of the U.S. Armed Forces who is on active duty and stationed at some military, air, or naval post, station, or base within the State. The member of the U.S. Armed Forces desiring a hunting, fishing, or combination hunting and fishing license shall certify that he or she is eligible for such a license under this section. Holders of such licenses shall be subject to all the laws of the State and the rules and regulations of the Board regulating hunting and fishing; and for violations of said laws or rules and regulations, shall be subject to the penalties prescribed therefor, and such licenses shall be revoked in the same manner as provided in section 4502 of this title.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1977, No. 225 (Adj. Sess.), § 4, eff. April 12, 1978; 2011, No. 54, § 7; 2011, No. 128 (Adj. Sess.), § 32.)

§ 4259 Vermont residents; U.S. Armed Forces

Any resident of the State of Vermont who is serving in the U.S. Armed Forces or is performing or under orders to perform any homeland defense or State-side contingency operation, or both, for a period of 120 consecutive days or more shall certify that he or she is eligible under this section to obtain at no cost a hunting or fishing license or a combination hunting and fishing license. This provision will apply only during the period he or she is serving in the U. S. Armed Forces, or as certified pursuant to this section. A person who obtains a license under this section may keep the license until it expires, whether or not the person continues to serve in the U.S. Armed Forces until the expiration date.

(Added 1971, No. 224 (Adj. Sess.), § 2, eff. Jan. 1, 1973; amended 2001, No. 143 (Adj. Sess.), § 58a, eff. June 21, 2002; 2003, No. 10, § 1; 2011, No. 54, § 8.)

§ 4260 Repealed

[Repealed]

1973, No. 178 (Adj. Sess.), § 9.

§ 4261 Lost, replacement, or free license certificate

(a) A person who has lost a license other than a lifetime license or permanent license may demand a lost license certificate from the agent of original issue. The fee shall be $5.00, which the agent may retain. If the agent of original issue is no longer selling licenses, the applicant may apply directly to the Department. If available, replacement and free licenses may be obtained from a point-of-sale agent or online at the State’s website. If requested from a point-of-sale agent, a $1.50 filing fee may be charged and retained by the agent.

(b) A person who has lost a lifetime license or permanent license may obtain a new license upon application to the Department, payment of a $5.00 fee, and submission of proof of identification. If available, replacement and free licenses may be obtained from a point-of-sale agent or online at the State’s website. If requested from a point-of-sale agent, a $1.50 filing fee may be charged and retained by the agent.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1967, No. 373 (Adj. Sess.), § 4, eff. March 27, 1968; 1971, No. 84, § 4; 1977, No. 225 (Adj. Sess.), § 5, eff. April 12, 1978; 1989, No. 190 (Adj. Sess.), § 6; 1991, No. 205 (Adj. Sess.), § 4, eff. July 1, 1993; 1991, No. 230 (Adj. Sess.), § 20; 1997, No. 99 (Adj. Sess.), § 12; 2009, No. 146 (Adj. Sess.), § B12; 2011, No. 128 (Adj. Sess.), § 33.)

§ 4262 Repealed

[Repealed]

1989, No. 190 (Adj. Sess.), § 5.

§ 4263 Expiration; nontransferability

Licenses shall not be transferable and shall be dated when issued. Annual licenses shall be valid from January 1 of the calendar year for which they are issued or from the day of purchase and issue in that year as certified by the issuing agent. All annual licenses shall expire on December 31 of the year for which they were issued. Term licenses shall be valid only for the time period certified on the license form by the issuing agent. Any licenses may be sold prior to the date that they are to become effective.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1963, No. 27, § 2; 1989, No. 190 (Adj. Sess.), § 9.)

§§ 4264, 4265 Repealed

[Repealed]

1989, No. 87, § 2.

§ 4266 Carrying and exhibiting license

A person who is required to have a license, as provided in section 4251 of this title, shall not take fish or wild animals, or transport fish, game, or fur-bearing animals, unless at the time of such taking and transporting he or she has such license on his or her person. On demand of a game warden or other officer authorized by law to make arrests, or of the owner of the land on which such person is fishing or hunting, the licensee shall exhibit such license.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4267 False statements; alterations; use by another; guide

No person shall make a false statement in an application for a license to be issued under the provisions of this part or change or alter such a license or the coupon issued therewith or furnish to another or permit another to have or use such license or coupon issued to himself or herself or use such license or coupon issued to another or knowingly guide a hunter or angler who has not such a license.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4268 Fur buyer’s license

The furs and skins of fur-bearing animals and skins of deer, legally taken, may be bought and sold at any time, subject to the provisions of section 4861 of this title, provided that any person wishing to engage in the business of buying the furs or skins of fur-bearing animals or skins of deer shall first secure a license from the Commissioner, as provided by law.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 85, § 3.)

§ 4269 Fees for fur buyer’s license

The Commissioner may issue a license to a person that shall authorize him or her to engage in the business of buying furs or skins throughout the State while it remains in force. A person so licensed shall pay to the Commissioner the following fees:

(1) a fee of $25.00 if the applicant is a bona fide resident of the State;

(2) a fee of $50.00 if the applicant is a nonresident.

(Added 1961, No. 59, § 4, eff. April 4, 1961; amended 1973, No. 173 (Adj. Sess.), § 5; 1979, No. 189 (Adj. Sess.), § 5; 1983, No. 68, § 3.)

§ 4270 Fur buyer’s records

Licensed dealers shall keep such records as the Commissioner may require. Such records shall be open to inspection by the Commissioner or his or her agents, and such dealer shall, within 30 days after the expiration of his or her license and upon request of the Commissioner, file with the Commissioner a sworn statement of such record or such part thereof as the Commissioner may require.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4271 Fur buyer’s license year; expiration of license

Such licenses shall be effective from July 1 to June 30 inclusive. A person while engaged in the business of buying furs and skins shall have upon his or her person a license as provided in section 4268 of this title and on demand of a game warden or other officer authorized by law to make arrests shall exhibit such license.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 85, § 4, eff. Jan. 1, 1982.)

§ 4272 Repealed

[Repealed]

2011, No. 128 (Adj. Sess.), § 40.

§ 4273 False statement by fur buyer

No person shall make a false statement in an application for a fur buyer’s license or change or alter such a license in any way nor permit another to have or use such license.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4274 Fur buyer’s license; definition of “person”

The word “person” as used in sections 4268-4273 of this title shall mean only an individual.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4275 Repealed

[Repealed]

1989, No. 190 (Adj. Sess.), § 5.

§ 4276 Repealed

[Repealed]

1991, No. 230 (Adj. Sess.), § 1(6).

§ 4277 Migratory Waterfowl Stamp Program

(a) Definitions. As used in this section:

(1) “Migratory waterfowl” means all waterfowl species in the family anatidae, including wild ducks, geese, brant, and swans.

(2) “Stamp” means the State migratory waterfowl hunting stamp furnished by the Department of Fish and Wildlife as provided for in this section and the federal migratory waterfowl stamp furnished by the U.S. Department of the Interior.

(b) Waterfowl stamp required. No person 16 years of age or older shall attempt to take or take any migratory waterfowl in this State without first obtaining a State and federal migratory waterfowl stamp for the current year in addition to a regular hunting license as provided by section 4251 of this title. A stamp shall not be transferable. The State stamp year shall run from January 1 to December 31.

(c) Waterfowl stamp design, production, and distribution. The Commissioner of Fish and Wildlife shall be responsible for the design, production, procurement, distribution, and sale of the State stamp and all marketable stamp by-products such as posters, artwork, calendars, and other items.

(d) Fee. State stamps shall be sold at the direction of the Commissioner for a fee of $7.50. The issuing agent may retain a fee of $1.00 for each stamp and shall remit $6.50 of each fee to the Department of Fish and Wildlife. The Commissioner shall establish a uniform sale price for all categories of by-products.

(e) Disposition of waterfowl receipts. All State waterfowl stamp receipts and all receipts from the sale of State stamp by-products shall be deposited in the Fish and Wildlife Fund. All State stamp and by-products receipts shall be expended through the appropriation process for waterfowl acquisition and improvement projects.

(f) Advisory Committee. There is hereby created the Migratory Waterfowl Advisory Committee which shall consist of five persons and up to three alternates appointed by and serving at the pleasure of the Commissioner of Fish and Wildlife. The Commissioner shall designate the Chair. The Committee shall be consulted with and may make recommendations to the Commissioner in regard to all projects and activities supported with the funds derived from the implementation of this section. The Commissioner shall make an annual financial and progress report to the Committee with regard to all activities authorized by this section.

(Added 1985, No. 193 (Adj. Sess.), eff. May 14, 1986; amended 2007, No. 76, § 28, eff. Jan. 1, 2008; 2009, No. 146 (Adj. Sess.), § F32; 2015, No. 61, § 7, eff. June 17, 2015; 2017, No. 170 (Adj. Sess.), § 5.)

§ 4278 Falconry license

(a) In this section, “raptor” means species of the orders Strigiformes, Falconiformes, and Accipitriformes.

(b)(1) A Vermont resident may obtain, sell, transport, possess, and train raptor species allowable under State and federal laws and regulations for hunting, provided the person has first obtained a State falconry license from the Commissioner. The Commissioner may issue a State falconry license, provided that the applicant:

(A) pays an initial licensing fee of $250.00 for a license valid for three years, or a renewal fee of $50.00 for a license valid for each year thereafter, as appropriate, to the Department;

(B) meets the minimum age and experience requirements for each of apprentice, general, or master falconry licenses;

(C) has completed a supervised examination relating to basic biology, care, and handling of raptors, has correctly answered a minimum of 85 percent of the questions; and

(D) possesses raptor housing facilities and falconry equipment that meet State and federal standards.

(2) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 that will establish requirements for ensuring that holders of falconry licenses will be properly qualified and that the birds will be legally acquired and appropriately cared for. Such rules shall further define required raptor housing facilities and falconry equipment, legal means of taking, lawful species, ages, and numbers of raptors to be taken and possessed, banding requirements, and any other further restrictions on taking and possession.

(c) A holder of a Vermont falconry license or a nonresident who possesses a valid falconry license from another state may use legally held raptors for hunting during an open season provided that the person holds a valid Vermont hunting or combination fishing and hunting license. The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 that regulate the taking of game species by use of trained raptors.

(d) The Commissioner may revoke a falconry license and seize raptors held under that license if the Commissioner finds that the licensee:

(1) failed to properly and humanely care for the raptors held under the license;

(2) allowed raptors held under the license to become a public nuisance; or

(3) failed to comply with any of the terms or conditions of the falconry license.

(Added 1989, No. 196 (Adj. Sess.), § 1; amended 2013, No. 78, § 10, eff. Jan. 1, 2014.)

§ 4279 Lifetime licenses

(a) A resident or nonresident lifetime fishing, hunting, or combination fishing and hunting license may be obtained upon application to the Department.

(b) In order to obtain a resident lifetime license, an applicant must be a resident or a dependent of a resident of Vermont at the time of application. In this subsection, a resident shall be a person who has resided in this State for the 12 months immediately prior to the date of application for the license and who has not during that period claimed residency in any other state or country for any purpose. A child born in this State shall be a resident if one or more of the child’s parents or the child’s legal guardian are domiciled in the State at the time of birth and have continued to reside in the State since the birth.

(c) A lifetime license shall entitle the holder to the privileges allowed under subdivision 4252(1), (2), or (4) of this title as long as the holder is alive, except that the holder shall not be entitled to hunting privileges until he or she has satisfied the criteria of subsection 4254(b) of this title.

(d) If the holder of a lifetime hunting license wishes to receive the privileges granted to holders of other hunting licenses, such as archery or turkey licenses, the holder must purchase the appropriate license. In this case, the holder shall pay the fee required in subsection 4255(a) or (b) of this title, depending on whether the holder is a resident or nonresident at the time of purchase.

(e) If the holder of a lifetime hunting or fishing license wishes to upgrade the license to a lifetime combination hunting and fishing license, the holder may do so by paying the difference between the fee for the combination license and the fee for the license held. In this subsection, fee means the fee at the time of the upgrade.

(f) Fees for lifetime licenses shall be the appropriate multiplication factor for the child’s or adult’s age multiplied by the fee for the appropriate license. Appropriate license fees are those in subdivisions 4255(a)(1), (2), and (3) of this title for residents and subdivisions 4255(b)(1), (4), and (5) of this title for nonresidents. Multiplication factors are as follows:

| (1) | for children under 1 year of age | 8 | | --- | --- | --- | | (2) | for children 1 through 15 years of age | 16 | | (3) | for adults 16 through 24 years of age | 31 | | (4) | for adults 25 through 64 years of age | 26 |

(g) In each year a lifetime license holder intends to hunt, trap, or fish, the lifetime license holder shall notify the Department that he or she will exercise his or her hunting, trapping, or fishing privileges. Failure to notify the Department as required by this subsection shall not result in the assessment of points under section 4502 of this title.

(Added 1993, No. 191 (Adj. Sess.), § 1; amended 2011, No. 128 (Adj. Sess.), § 34, eff. Jan. 1, 2013; 2015, No. 61, § 5a, eff. June 17, 2015; 2019, No. 70, § 6, eff. Jan. 1, 2020.)

§ 4280 Taking wildlife during a period of license suspension

A person shall not hunt, fish, or trap while a license or right to obtain a license is under suspension, including those persons who could otherwise hunt, fish, or trap pursuant to section 4253 of this title.

(Added 2005, No. 31, § 2; amended 2013, No. 78, § 11.)

Subchapter 2 Eel Fishing in Lake Champlain

§§ 4301-4308 Repealed

[Repealed]

2001, No. 113 (Adj. Sess.), § 1, eff. May 23, 2002.

§ 4309 Repealed

[Repealed]

1985, No. 14, § 2.

Chapter 107 Suspension of Open Season

§ 4401 Suspension of open season by proclamation of Governor; exception

(a) During an open season for the taking of game or fish, when it appears to the Governor that by reason of drought hunting, fishing, and trapping are likely to cause forest fires, he or she may by proclamation suspend hunting, fishing, and trapping and make it a closed season for such time as he or she may designate. In such proclamation, he or she may except from the provisions thereof localities not affected by drought and certain game birds, animals, and fish.

(b) When it appears to the Governor that the necessity therefor has ceased to exist, he or she shall remove by proclamation the suspension; except that in case such period of suspension includes the open season for taking deer, such open season shall not be reopened, but the Governor by proclamation shall fix some period of equal number of days in the same year as the open season for the taking of deer.

(c), (d) [Repealed.]

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1967, No. 56, §§ 1, 2.)

§ 4402 Recommendations of Secretary for closed season; proclamation; special season

When in the opinion of the Secretary conditions exist that constitute an emergency calling for measures of protection for fish, wildlife, or fur-bearing animals additional to those provided by existing law, the Secretary shall certify the opinion to the Governor and attach therewith a statement of the measures of protection she or he recommends. Upon receipt of such certificate, the Governor by proclamation may suspend or close the open season in whole or in part with respect to any species of fish, wildlife, or fur-bearing animal either throughout the State or in any specified locality or localities or may impose restrictions additional to those already imposed by statute upon the number of any species of fish, wildlife, or fur-bearing animal to be taken.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 230 (Adj. Sess.), § 21.)

§ 4403 Suspension period

A proclamation issued under section 4402 of this title shall continue in force until such date as is specified in the proclamation or until the Governor shall recall it or, if no expiration date is specified or recalling proclamation issued, until, but in no instance beyond, the convening of the next regular session of the General Assembly.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4404 Report of effect of closed season

When the fishing or hunting season is wholly or partly closed by such proclamation, the Commissioner shall seasonably report to the Governor upon the effect of such action and the Governor may reopen or extend the season by proclamation for a period not to exceed that for which she or he had closed it.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 230 (Adj. Sess.), § 22.)

§ 4405 Publication

(a) Proclamations made under the provisions of section 4401 or 4402 of this title shall be published in such newspapers of the State and posted in such places and in such manner as the Governor may order. A copy of such publication and order, attested by the Secretary of Civil and Military Affairs, shall be filed with the Secretary of State and a like copy shall be furnished to the Secretary who shall attend to the publication and posting thereof. The expenses of such publication and posting shall be paid by the Secretary and the Commissioner of Finance and Management shall issue his or her warrant therefor.

(b) The certificate of the Secretary that she or he has complied with the order of the Governor in respect to the publication shall be prima facie evidence of the promulgation of such proclamation.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1991, No. 230 (Adj. Sess.), § 23.)

§ 4406 Violation of closed season; penalty

During the time which shall be made a closed season as provided in section 4401 or 4402 of this title, the several provisions of law relating to closed seasons shall be in force and a person violating a provision thereof shall be subjected to the penalty provided for taking fish and wild animals in closed season.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

Chapter 108 Interstate Wildlife Violator Compact

§ 4451 Adoption of Compact

The Wildlife Violator Compact is hereby enacted into law and entered into by the State of Vermont with any and all states legally joining therein in accordance with its terms. The Compact is substantially as follows:

ARTICLE I

Findings, Declaration of Policy and Purpose

(a) The party states find that:

(1) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors.

(2) The protection of their respective wildlife resources can be materially affected by the degree of compliance with state statute or rule relating to the management of those resources.

(3) The preservation, protection, management, and restoration of wildlife contributes immeasurably to the aesthetic, recreational, and economic aspects of these natural resources.

(4) Wildlife resources are valuable without regard to political boundaries; therefore, all persons should be required to comply with wildlife preservation, protection, management, and restoration statutes, rules, and other law of all party states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap, or possess wildlife.

(5) Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.

(6) The mobility of many wildlife law violators necessitates the maintenance of channels of communications among the various states.

(7) A person who is cited for a wildlife violation in a state other than the person’s home state:

(A) may be required to post collateral or bond to secure appearance for a trial at a later date;

(B) if unable to post collateral or bond, may be taken into custody until the collateral or bond is posted; or

(C) may be taken directly to court for an immediate appearance.

(8) The purpose of the enforcement practices described in subdivision (7) of this subsection is to ensure compliance with the terms of a wildlife citation by the person who, if permitted to continue on the person’s way after receiving the citation, could return to the person’s home state and disregard the person’s duty under the terms of the citation.

(9) A person receiving a wildlife citation in the person’s home state is permitted to accept the citation from the officer at the scene of the violation and to continue immediately on the person’s way after agreeing or being instructed to comply with the terms of the citation.

(10) The practice described in subdivision (7) of this subsection causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial, or pay the fine, and thus is compelled to remain in custody until some alternative arrangement can be made.

(11) The enforcement practices described in subdivision (7) of this subsection consume an undue amount of law enforcement time.

(b) It is the policy of the party states to:

(1) Promote compliance with the statutes, rules, and other applicable law relating to management of wildlife resources in their respective states.

(2) Recognize the suspension of wildlife license privileges or rights of any person whose license privileges or rights have been suspended by a party state and treat this suspension as if it had occurred in the person’s home state.

(3) Allow violators to accept a wildlife citation, except as provided in subsection (b) of Article III of this Compact, and be released without delay whether or not the person is a resident in the state in which the citation was issued, provided that the violator’s home state is party to this Compact.

(4) Report to the appropriate party state any conviction that would subject a person to suspension and that is recorded against any person whose home state was not the issuing state.

(5) Allow the home state to recognize and treat a conviction that would subject a person to suspension and that is recorded for their residents and which occurred in another party state as if the conviction had occurred in the home state.

(6) Extend cooperation to its fullest extent among the party states for obtaining compliance with the terms of a wildlife citation issued in one party state to a resident of another party state.

(7) Maximize effective use of law enforcement personnel and information.

(8) Assist court systems in the efficient disposition of wildlife violations.

(c) The purpose of this Compact is to:

(1) Provide a means through which the party states may participate in a reciprocal program to effectuate policies enumerated in subsection (b) of this article in a uniform and orderly manner.

(2) Provide for the fair and impartial treatment of wildlife violators operating within party states in recognition of the person’s right of due process and the sovereign status of a party state.

ARTICLE II

Definitions

The definitions in this article apply throughout this Compact and are intended only for the implementation of this Compact:

(1) “Citation” means any summons, complaint, ticket, penalty assessment, or other official document issued by a wildlife officer or other peace officer for a wildlife violation containing an order which requires the person to respond.

(2) “Collateral” means any cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation.

(3) “Compliance” with respect to a citation means the act of answering the citation through appearance at a court, a tribunal, or payment of fines, costs, and surcharges, if any, or both such appearance and payment.

(4) “Conviction” means a conviction, including any court conviction, of any offense related to the preservation, protection, management, or restoration of wildlife which is prohibited by state statute, rule, or other relevant law, or a forfeiture of bail, bond, or other security deposited to secure the appearance by a person charged with having committed any such offense, or payment of a penalty assessment, or a plea of nolo contendere, or the imposition of a deferred or suspended sentence by the court.

(5) “Court” means a court of law.

(6) “Home state” means the state of primary residence of a person.

(7) “Issuing state” means the party state which issues a wildlife citation to the violator.

(8) “License” means any license, permit, or other public document that conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, rule, or other relevant law of a party state.

(9) “Licensing authority” means the department within each party state authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.

(10) “Party state” means any state which enacts legislation to become a member of this wildlife compact.

(11) “Personal recognizance” means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of that citation.

(12) “State” means any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, provinces of Canada, or other countries.

(13) “Suspension” means any revocation, denial, or withdrawal of any or all license privileges or rights, including the privilege or right to apply for, purchase, or exercise the benefits conferred by any license.

(14) “Terms of the citation” means those conditions and options expressly stated upon the citation.

(15) “Wildlife” means all species of animals, including but not necessarily limited to mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as “wildlife” and are protected or otherwise regulated by statute, rule, or other relevant law in a party state. “Wildlife” also means food fish and shellfish as defined by statute, rule, or other relevant law in a party state. Species included in the definition of “wildlife” vary from state to state and determination of whether a species is “wildlife” for the purposes of this Compact shall be based on state law.

(16) “Wildlife law” means any statute, law, regulation, ordinance, or administrative rule developed and enacted to manage wildlife resources and the use thereof.

(17) “Wildlife officer” means any individual authorized by a party state to issue a citation for a wildlife violation.

(18) “Wildlife violation” means any cited violation of a statute, rule, or other relevant law developed and enacted to manage wildlife resources and the use thereof.

ARTICLE III

Procedures for Issuing State

(a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a party state in the same manner as if the person were a resident of the home state and shall not require the person to post collateral to secure appearance, subject to the exceptions contained in subsection (b) of this article, if the officer receives the person’s personal recognizance that the person will comply with the terms of the citation.

(b) Personal recognizance is acceptable:

(1) If not prohibited by local law or the rules of the Department of Fish and Wildlife; and

(2) If the violator provides adequate proof of the violator’s identification to the wildlife officer.

(c) Upon conviction of a wildlife violation subject to suspension or upon failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the party state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state.

(d) Upon receipt of the report of conviction or noncompliance required by subsection (c) of this article, the licensing authority of the issuing state shall transmit to the licensing authority in the home state of the violator the information in a form and content specified by the Department of Fish and Wildlife in rule.

ARTICLE IV

Procedures for Home State

(a) Upon receipt of a report of a failure to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator, shall initiate a suspension action in accordance with the home state’s enforcement procedures, and shall suspend the violator’s license privileges or rights until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards will be accorded.

(b) Upon receipt of a report of conviction of a wildlife violation subject to suspension from the licensing authority of the issuing state, the licensing authority of the home state shall enter such conviction in its records according to current procedure and shall treat such conviction as if it occurred in the home state for the purposes of the suspension of license privileges and for the purposes of the term of the suspension of privileges.

(c) The licensing authority of the home state shall maintain a record of actions taken and make reports to issuing states as provided in rules adopted by the Department of Fish and Wildlife.

ARTICLE V

Reciprocal Recognition of Suspension

All party states shall recognize the suspension of license privileges or rights of any person by any party state as if the violation on which the suspension is based had in fact occurred in the person’s home state and would have been the basis for suspension of license privileges or rights in his or her home state.

ARTICLE VI

Applicability of Other Laws

Except as expressly required by provisions of this Compact, nothing herein shall be construed to affect the right of any party state to apply any of its laws relating to license privileges to any person or circumstance, or to invalidate or prevent any agreement or other cooperative arrangements between a party state and a nonparty state concerning wildlife law enforcement.

ARTICLE VII

Compact Administrator Procedures

(a) For the purpose of administering the provisions of this Compact and to serve as a governing body for the resolution of all matters relating to the operation of this Compact, a Board of Compact Administrators is established. The Board of Compact Administrators shall be composed of one representative from each of the party states to be known as the compact administrator. The Compact administrator shall be appointed by the head of the licensing authority of each party state, except that in Vermont the Compact administrator shall be appointed according to 10 V.S.A. § 4452, and will serve and be subject to removal in accordance with the laws of the state the administrator represents. A Compact administrator may provide for the discharge of the administrator’s duties and the performance of the administrator’s functions as a Board of Compact Administrators’ member by an alternate. An alternate may not be entitled to serve unless written notification of the alternate’s identity has been given to the Board of Compact Administrators.

(b) Each member of the Board of Compact Administrators shall be entitled to one vote. No action of the Board of Compact Administrators shall be binding unless taken at a meeting at which a majority of the total number of votes on the Board of Compact Administrators are cast in favor thereof. Action by the Board of Compact Administrators shall be only at a meeting at which a majority of the party states are represented.

(c) The Board of Compact Administrators shall elect annually, from its membership, a chairperson and vice chairperson.

(d) The Board of Compact Administrators shall adopt bylaws, not inconsistent with the provisions of this Compact or the laws of a party state, for the conduct of its business and shall have the power to amend and rescind its bylaws.

(e) The Board of Compact Administrators may accept for any of its purposes and functions under this Compact all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and may receive, utilize, and dispose of the same.

(f) The Board of Compact Administrators may contract with or accept services or personnel from any governmental or intergovernmental agency, individual, firm, corporation, or any private nonprofit organization or institution.

(g) The Board of Compact Administrators shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this Compact. All procedures and forms adopted pursuant to Board of Compact Administrators’ action shall be contained in the rules adopted by the Department of Fish and Wildlife.

ARTICLE VIII

Entry Into Compact and Withdrawal

(a) This Compact shall become effective when it has been adopted by at least two states.

(b)(1) Entry into the Compact shall be made by an act or resolution of ratification executed by the authorized officials of the applying state and submitted to the Chairperson of the Board of Compact Administrators.

(2) The act or resolution shall include statements that in substance are as follows:

(A) A citation of the authority by which the state is empowered to become a party to this Compact;

(B) Agreement to comply with the terms and provisions of the Compact; and

(C) That Compact entry is with all states then party to the Compact and with any state that legally becomes a party to the Compact.

(3) The effective date of entry shall be specified by the applying state, but shall not be less than 60 days after notice has been given by the Chairperson of the Board of Compact Administrators or by the Secretariat of the Board of Compact Administrators to each party state that has received the resolution from the applying state.

(c) A party state may withdraw from this Compact by official written notice to the other party states, but a withdrawal shall not take effect until 90 days after notice of withdrawal is given. The notice shall be directed to the Compact administrator of each member state. No withdrawal shall affect the validity of this Compact as to the remaining party states.

ARTICLE IX

Amendments to the Compact

(a) This Compact may be amended from time to time. Amendments shall be presented in resolution form to the Chairperson of the Board of Compact Administrators and may be initiated by one or more party states.

(b) Adoption of an amendment shall require endorsement by all party states and shall become effective 30 days after the date of the last endorsement.

(c) Failure of a party state to respond to the Compact Chairperson within 120 days after receipt of the proposed amendment shall constitute endorsement.

ARTICLE X

Construction and Severability

This Compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of any party state or of the United States, or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the Compact shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state thereto, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

ARTICLE XI

Compact Title

This Compact shall be known as the Wildlife Violator Compact.

(Added 2011, No. 108 (Adj. Sess.), § 1.)

§ 4452 Compact Administrator

The Compact Administrator for Vermont shall be the Commissioner of Fish and Wildlife or a designated representative of the Commissioner. The duties of the Compact Administrator shall be deemed a regular part of the duties of the office of the Commissioner of Fish and Wildlife.

(Added 2011, No. 108 (Adj. Sess.), § 1.)

§ 4453 Rulemaking

The Department of Fish and Wildlife may adopt rules to carry out the purposes of this chapter.

(Added 2011, No. 108 (Adj. Sess.), § 1.)

§ 4454 Penalties

(a) Notwithstanding section 4502 of this title, the Commissioner may suspend a Vermont hunting, fishing, or trapping license and privileges to obtain such licenses of a person convicted of a wildlife violation in a state party to the Compact, provided that the wildlife violation would have been the basis for suspension of license privileges in Vermont.

(b) No person whose license, privilege, or right to hunt, fish, trap, possess, or transport wildlife, having been suspended or revoked pursuant to this chapter, shall be permitted to obtain a license to hunt, fish, or trap in Vermont.

(c) A person shall be subject to the financial penalties as set forth under section 4518 of this title if he or she:

(1) hunts, fishes, traps, possesses, or transports wildlife in Vermont in violation of a suspension or revocation of a license under chapter 108 of this title; or

(2) purchases or possesses a license to hunt, fish, trap, possess, or transport wildlife in Vermont in violation of a suspension of revocation of a license under chapter 108 of this title.

(d)(1) Prior to suspending a Vermont hunting, fishing, or trapping license of a resident of this State under subsection (a) of this section, the Commissioner shall notify the person in writing. A suspension shall be deemed effective:

(A) when given if notice is made in person; or

(B) three days after the deposit of notice in the U.S. mail, if notice is made in writing.

(2) A person receiving notice under subsection (a) of this section may, within 20 days of the date notice is given, request a hearing before the Commissioner on whether the requirements for suspension or penalty have been met. The requesting person may present evidence and arguments at the hearing only regarding whether:

(A) a participating state suspended the person’s privileges;

(B) there was a conviction in the participating state;

(C) the person failed to comply with the terms of a citation issued for a wildlife violation in a participating state; or

(D) a conviction in a participating state could have led to a license suspension or penalty in Vermont.

(3) At the hearing, the Commissioner or a hearing officer designated by the Commissioner may:

(A) administer oaths;

(B) issue subpoenas for the attendance of witnesses; and

(C) admit all relevant evidence and documents, including notifications from participating states.

(4) Following a hearing under this subsection, the Commissioner or a designated hearing officer may, based on the evidence, affirm, modify, or rescind the suspension of a license.

(5) A decision of the Commissioner or hearing officer under this section shall not be appealable.

(Added 2011, No. 108 (Adj. Sess.), § 1.)

§ 4455 Withdrawal from Compact

Withdrawal of Vermont from the Compact, as authorized under Article VIII of the Compact, shall be by an act or resolution of the General Assembly.

(Added 2011, No. 108 (Adj. Sess.), § 1.)

Chapter 109 Penalties and Enforcement

Subchapter 1 General Provisions

§ 4501 Aiding in violations; sharing in proceeds

A person who drives, transports, scouts, counsels, or otherwise aids another person in a violation of a provision of this part, or who knowingly possesses, consumes, or otherwise shares in the proceeds of such a violation by receiving or possessing fish or wild animals, or any parts thereof, shall be punished as a principal.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 2015, No. 145 (Adj. Sess.), § 4.)

§ 4502 Uniform point system; revocation of license

(a) A uniform point system that assigns points to those convicted of a violation of a provision of this part is established. The conviction report from the court shall be prima facie evidence of the points assessed. In addition to other penalties assessed for violation of fish and wildlife statutes, the Commissioner shall suspend licenses issued under this part that are held by a person who has accumulated 10 or more points in accordance with the provisions of subsection (c) of this section.

(b) A person violating provisions of this part shall receive points for convictions in accordance with the following schedule (all sections are in this title of the Vermont Statutes Annotated):

(1) Except for biological collection violations determined to be nonpoint violations under the rules of the Board, five points shall be assessed for any violation of statutes or rules adopted under this part except those listed in subdivisions (2) and (3) of this subsection.

(2) Ten points shall be assessed for:

(A) § 4148. Trespass on State property

(B) § 4270. Fur buyer’s records

(C) § 4517. Destruction of State property

(D) § 4605. Placing fish in waters

(E) § 4607. Obstructing streams

(F) § 4611. Sale of gamefish

(G) § 4704. Use of machine guns, autoloading rifles, and gun suppressors

(H) § 4705. Shooting from motor vehicles or aircraft

(I) [Repealed.]

(J) § 4707. Traps: notice

(K) § 4708. Interference with hunting, fishing, or trapping

(L) § 4709. Importation, stocking of wild animals

(M) § 4710. Safety zone

(N) § 4748. Dogs pursuing deer or moose

(O) [Repealed.]

(P) § 4864. Transporting beaver skins

(Q) § 5101. Fish and wildlife; restrictions on transportation

(R) § 5204. Poaching; private preserves

(S) § 5205. Injuring notice of posted land

(T) § 5209. Special penalty; breeders

(U) § 5211. Poaching; propagation farms

(V) § 5213. Mansfield State Forest; game refuge

(W) § 5220. Birds released

(X) § 5226. Bomoseen State Game Refuge

(Y) Appendix § 2. Reporting of big game

(Z) Appendix § 2a. Big game tags

(AA) Appendix § 3. Rabbit, squirrel; sale

(BB) [Repealed.]

(CC) [Repealed.]

(DD) Appendix § 23(d)(1), (3)-(9). Waterfowl hunting methods

(EE) Appendix § 23(h). Waterfowl, wanton waste

(FF) [Repealed.]

(GG) Appendix § 44. Trapping, except for violations of Appendix § 44, sections 4.3, 4.4, 4.6, 4.9, 4.10, 4.11, 4.12, 4.14(c), and 4.14(e)

(HH) § 4827. Taking black bear doing damage

(II) Appendix § 37, section 10. Novice season

(JJ) § 4742a. Youth deer hunting weekend. The points shall be assessed solely against the adult who is accompanying the youth hunter.

(KK) § 4908. Youth turkey hunting weekend. The points assessed against the adult accompanying the youth hunter.

(LL) § 4256. Mentored hunting license. The points shall be assessed against the licensed adult who is accompanying the individual holding the mentored hunting license.

(MM) § 4827a. Feeding a black bear

(NN) § 4826. Taking deer doing damage

(OO) § 22a. Taking turkey doing damage

(PP) § 35. Taking moose doing damage

(QQ) [Repealed.]

(RR) [Repealed.]

(SS) Appendix § 37, section 9.0. Feeding deer

(TT) § 4716. Participating in a coyote-hunting competition.

(3) Twenty points shall be assessed for:

(A) [Repealed.]

(B) § 4278. Falconry license

(C) [Repealed.]

(D) § 4606. Taking fish by unlawful means, except for violations of subsection 4606(g) of this title

(E) § 4702. Use of light (firearm or bow involved)

(F) § 4703. Use of set guns

(G) [Repealed.]

(H) [Repealed.]

(I) § 4745. Taking big game out of season prohibited

(J) § 4747. Taking big game by illegal means

(K) § 4781. Big game possession

(L) § 4783. Purchase and sale of big game

(M) § 4784. Transportation of big game

(N) § 5403. Taking, possession, or transport of endangered or threatened species

(O) Appendix § 7, sections 4.2, 5.3, 6.1, 6.2, 6.3(b), 6.3(d), 6.3(e), 7.1, 7.2, 7.3, and 7.4. Bear, unauthorized taking

(P) Appendix § 22. Turkey season, excluding: requirements for youth turkey hunting season; and size of shot used or possessed

(Q) [Repealed.]

(R) Appendix § 31 (d), (e), and (f). Seasons, bag limits for caribou, elk, and moose

(S) Appendix § 116. Atlantic salmon in the Connecticut River

(T) § 4521. Failure to stop

(U) Appendix § 37. Deer management rule, excluding requirements for youth deer hunting weekend; requirements for novice season; limitations on feeding of deer; reporting big game; and section 11.0, ban of urine and other natural lures

(V) § 4454. Interstate Wildlife Violator Compact

(W) [Repealed.]

(X) [Repealed.]

(Y) Appendix § 20. Aerial hunting

(Z) Appendix § 44. Use of tooth jawed traps

(AA) Appendix § 44. Taking furbearers with poison

(BB) Appendix § 44. Taking furbearers from a den

(CC) § 4716. Holding or conducting a coyote-hunting competition

(DD) § 4706. Snaring animals

(4) In addition to other points assessed under this subsection, a person shall be assessed one point for each fish, bird, animal, or pelt possessed, taken, transported, bought, or sold in excess of the limits established in statutes or rules adopted under this part.

(c) Licenses shall be suspended as follows:

(1) For 10 to 14 points accumulated in five years—a one-year suspension.

(2) For 15 to 19 points accumulated in five years—a two-year suspension.

(3) For 20 or more points accumulated in five years—a three-year suspension.

(d) The Commissioner shall establish a centralized registry of licensees and shall track all convictions and the point accumulations, if any, against licensees. The Commissioner shall provide adequate notice to licensees of their point accumulations, and suspensions, if any.

(e) When a person holding a license issued under this part has been convicted of a violation of 13 V.S.A. § 1023(a)(2) or has been convicted of manslaughter by the careless and negligent use of firearms, the Commissioner shall revoke the person’s hunting license, 20 points shall accumulate on the person’s license, and another license shall not be issued to the person within five years from the date of the revocation or within five years from the date of the conviction if the person had no license. The court before which such person is convicted shall certify the conviction to the Commissioner. A revocation shall be deemed effective when notice is given, when made in person, or three days after the deposit of the notice in the U.S. mail, if made in writing.

(f) The Commissioner shall not reinstate a license suspended pursuant to subdivisions (c)(2) and (3) of this section until the licensee has successfully completed a remedial course designed to teach hunters, trappers, and anglers correct legal and ethical behavior while hunting, trapping, and fishing in Vermont. The remedial course shall be approved by the Commissioner and conducted by the Department. The fee for the remedial course shall be $100.00. Funds collected for the course shall be deposited in the Fish and Wildlife Fund.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 80, § 1, eff. Jan. 1, 1982; 1991, No. 13, § 1; 1991, No. 269 (Adj. Sess.), §§ 1, 2, eff. June 26, 1992; 1993, No. 236 (Adj. Sess.), §§ 1, 5; 1995, No. 91 (Adj. Sess.), § 1, eff. April 4, 1996; 2001, No. 65, § 21; 2003, No. 99 (Adj. Sess.), § 2, eff. April 27, 2004; 2007, No. 65, § 204a; 2007, No. 97 (Adj. Sess.), § 4; 2009, No. 120 (Adj. Sess.), § 4, eff. July 1, 2011; 2009, No. 122 (Adj. Sess.), § 3; 2011, No. 108 (Adj. Sess.), § 2; 2013, No. 78, § 13; 2015, No. 61, § 17, eff. July 2, 2015; 2015, No. 97 (Adj. Sess.), § 26; 2015, No. 145 (Adj. Sess.), § 5; 2017, No. 170 (Adj. Sess.), § 15, eff. Jan. 1, 2019; 2025, No. 47, § 3, eff. July 1, 2025.)

§ 4503 Unlawful equipment, vehicle, forfeiture

A person convicted of violating the provisions of section 4745, 4781, 4783, 4784, 4705(a), 4280, 4747, or 4606 of this title relating to taking big game shall forfeit to the Department of Fish and Wildlife the firearms, jacks, artificial lights, motor vehicle, or any other device used in committing the violation. Forfeiture of a motor vehicle shall not apply to the illegal taking, possessing, or transporting of wild turkey, anadromous Atlantic salmon, section 4606, or to the person’s first conviction of the provisions of section 4745, 4781, 4783, or 4784 under this section. Proceeds from the sale of items or equipment forfeited under this section shall be deposited in the Fish and Wildlife Fund.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 234 (Adj. Sess.), § 1; 1985, No. 92, § 2; 2015, No. 145 (Adj. Sess.), § 6.)

§ 4504 Duties of prosecutor and warden

(a) When firearms, jacks, artificial lights, motor vehicles, and any other devices used in the taking or transportation of big game are seized or taken by a game warden or other officer, with or without a warrant, the officer who makes the seizure shall forthwith give notice to the State’s Attorney of the county.

(b) The State’s Attorney shall attend and act in behalf of the State at the hearing against the devices so seized, and the officer making the seizure without a warrant shall be allowed the same fees as if he or she had acted under a warrant.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 234 (Adj. Sess.), § 2; 1985, No. 92, § 3; 2017, No. 93 (Adj. Sess.), § 11.)

§ 4505 Hearing; forfeiture

The game warden or other officer shall retain possession of firearms, jacks, lights, motor vehicles, and devices taken until final disposition of the charge against the owner, possessor, or person using the same in violation of the provisions of section 4745, 4781, 4783, 4784, 4705(a), 4280, 4747, or 4606 of this title, in accordance with the provisions of section 4503 of this title. When the owner, possessor, or person using firearms, jacks, lights, motor vehicles, and devices in violation of the section is convicted of the offense, the court where the conviction is had shall cause the owner, if known, and possessor and all persons having the custody of or exercising any control over the firearms, jacks, lights, motor vehicles, and devices seized, either as principal, clerk, servant, or agent and the respondent to appear and show cause, if any they have, why a forfeiture or condemnation order should not issue. The hearings may be held as a collateral proceeding to the trial of the respondent in the discretion of the court.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 92, § 4; 2017, No. 170 (Adj. Sess.), § 6.)

§ 4506 Disposal order

If, upon hearing, it appears that such firearm, jack, light, vehicle, and device was used or intended to be used contrary to law, it shall be adjudged forfeited and condemned, and shall be turned over to the game warden or other officer for the benefit of the State as the court shall direct. In the event such device is illegal, such officer shall destroy the same upon order of such court.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4507 Costs of condemnation

Upon condemnation of such firearm, jack, light, vehicle, or device, any and all persons before such court, pursuant to the provisions of sections 4505 and 4506 of this title, shall be liable to pay the costs of the condemnation proceedings, if, in the judgment of such court, any of them by themselves, clerks, servants, or agents, shall have been engaged in, aided in, assisted in, or abetted in the unlawful use of such firearm, jack, light, vehicle, or device in violation of the provisions hereof, or have been privy thereto, or have knowingly permitted the use of the same by them owned or controlled, for such unlawful purposes.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4508 Sale of forfeited equipment

Upon seizure of such firearm, jack, light, vehicle, or device without a warrant, a game warden or other officer shall forthwith make complaint, under oath, subscribed by him or her, to a court or magistrate having jurisdiction of offenses hereunder in whose jurisdiction the same was seized. In the event, under proceedings provided in sections 4503-4507 of this title, such device is ordered forfeited and is a device not illegal in itself, such firearm, jack, light, motor, or other vehicle or device, upon written order of such court shall be sold at public auction for the benefit of the State by the Commissioner.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4509 Proceeds; accounting; liens

The Commissioner shall make return in writing to the court issuing such order of sale and shall transmit to the court therewith from the proceeds of such sale all costs of condemnation proceedings not taxed against other persons as herein provided. The balance of proceeds remaining shall be credited to the General Fund of the Fish and Wildlife Department and deposited, held, and accounted for in the same manner as provided by law for the miscellaneous receipts by such Department, after paying all liens on such device, according to their validity and priority that are established by intervention or otherwise at the time of forfeiture being adjudged or in other proceedings brought for such purpose as being bona fide and having been created without knowledge by the holders thereof that such device was being or intended to be used contrary to the provisions hereof, such liens to be specified by the court in its order of sale or by order in writing of any other court having jurisdiction over such liens and devices.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984.)

§ 4510 Rights of innocent owner

Nothing contained in sections 4503-4509 of this title shall prejudice the rights of the bona fide owner of any such device upon affirmative proof by him or her that he or she had no express or implied knowledge that such forfeited property was being or intended to be used for the illegal purposes aforesaid and the owner shall be entitled to a return of the same if he or she appears before adjudication of forfeiture and establishes his or her right to such return in accord with the foregoing. If, upon hearing, the person in charge of such firearm, jack, light, vehicle, or device does not appear to be the owner thereof and no person shall claim the same, further hearing shall be continued to a date certain. The taking of such articles and the date, place, and purpose of adjourned hearing shall be advertised once a week for three consecutive weeks in some newspaper published in the town or county where such device was taken, and, if there is no newspaper published in such town or county where such property was taken, in a newspaper having circulation in such county once a week for three successive weeks. The court before whom such proceeding is held shall be allowed the necessary expense of such advertising by the Commissioner of Finance and Management and order entered by such court at such adjourned hearing.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 195 (Adj. Sess.), § 5(b).)

§ 4511 Reopening forfeiture proceedings; rehearing; jurisdiction of courts

(a) At any time within one year after such property shall have been adjudged forfeited, and upon notice to the State’s Attorney of the county, a claimant, upon showing that he or she had no knowledge of the hearing, may apply to the court before whom former proceedings were had to have the cause reopened, provided he or she shall give security by way of recognizance to the State, with sufficient sureties, in such sum as the court directs, conditioned that the claimant will prosecute his or her claim to effect and pay the costs awarded against him or her. If, upon rehearing, such claimant establishes his or her claim, the court shall certify to the Commissioner of Finance and Management the amount of such claim, not exceeding the net amount actually realized by the State from the sale of such firearm, motor or other vehicle, or other device and the Commissioner of Finance and Management shall issue his or her warrant therefor.

(b) [Repealed.]

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974; 1983, No. 195 (Adj. Sess.), § 5(b).)

§ 4512 Appeal

Appeals from the orders or judgments of a court or magistrate entered or made pursuant to the provisions of sections 4503-4511 of this title shall be allowed in the same manner and to the same extent as provided in criminal causes.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 12, eff. April 9, 1974.)

§ 4513 Unlawful devices for taking fish or wild animals; confiscation; sale

Fish, wild animals, and illegal devices for taking fish or wild animals found in the possession of a person in violation of a provision of this part, shall be seized and confiscated in the name of the State and the Commissioner may sell or otherwise dispose of the same as he or she deems for the best interests of the State and for that purpose may order the transportation of the same at any time.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4514 Possession of flesh of game; restitution

(a) When legally taken, the flesh of a fish or wild animal may be possessed for food for a reasonable time thereafter and such flesh may be transported and stored in a public cold storage plant. Nothing in this section shall authorize the possession of game birds or carcasses or parts thereof contrary to regulations made pursuant to the Migratory Bird Treaty Act.

(b) Any person convicted of illegally taking, destroying, or possessing wild animals or threatened or endangered species shall, in addition to other penalties provided under this chapter, pay restitution in the following amounts into the Fish and Wildlife Fund for each animal taken, destroyed, or possessed:

| | (1) Big game | no more than $2,000.00 and no less than $200.00 for the first offense and no less than $500.00 each for a second or subsequent offense | | --- | --- | --- | | | (2) Endangered or threatened species as defined in section 5401 of this title | no more than $2,000.00 and no less than $500.00 each | | | (3) Small game | no more than $500.00 and no less than $50.00 each | | | (4) Fish | no more than $50.00 and no less than $25.00 each |

(c) A person who damages or destroys a wildlife facsimile owned by the Department of Fish and Wildlife in violation of the requirements of part 4 of this title shall pay restitution for the replacement or repair of the decoy into the Fish and Wildlife Fund.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1989, No. 205 (Adj. Sess.), § 2; 2011, No. 14, § 1, eff. July 1, 2012; 2015, No. 145 (Adj. Sess.), § 7.)

§ 4515 General penalty

Whoever violates or attempts to violate a provision of this part or an order or regulation of the Board or of the Commissioner for which no other penalty is provided shall be fined not more than $1,000.00.

(Added 1961, No. 119, § 1, May 9, 1961; amended 1985, No. 92, § 11.)

§ 4516 Repealed

[Repealed]

1993, No. 236 (Adj. Sess.), § 5.

§ 4517 Destruction of State property

(a) Whoever intentionally or recklessly damages, injures, interferes with, or destroys any property, real or personal, belonging to or controlled by the State for fish, game, or wildlife purposes shall be fined not more than $2,500.00.

(b) A person convicted of intentionally or recklessly damaging, injuring, interfering with, or destroying property belonging to or controlled by the State for fish, game, or wildlife purposes shall, in addition to other penalties provided under this chapter, pay restitution into the Fish and Wildlife Fund to repair or replace the damaged property.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 92, § 12; 2015, No. 145 (Adj. Sess.), § 8.)

§ 4518 Big game violations; threatened and endangered species; suspension; violations

(a) Whoever violates a provision of this part or orders or rules of the Board that constitutes a big game violation shall be fined not more than $2,000.00 nor less than $500.00 or imprisoned for not more than 60 days, or both. Upon a second and all subsequent convictions or any conviction while under license suspension related to the requirements of part 4 of this title, the violator shall be fined not more than $5,000.00 nor less than $2,000.00 or imprisoned for not more than 180 days, or both.

(b) As used in this section, “big game violation” means:

(1) violations relating to taking, possessing, transporting, buying, or selling of big game;

(2) violations of chapter 123 of this title and the rules related to threatened and endangered species;

(3) violation of section 4280 of this title relating to criminal suspensions;

(4) violations of chapter 124 of this title relating to the trade in covered animal parts or products;

(5) interference with hunting, fishing, or trapping in violation of section 4708 of this title; or

(6) illegal commercial importation or possession of wild animals in violation of section 4709 of this title.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1963, No. 6; 1973, No. 4; 1981, No. 80, § 2, eff. Jan. 1, 1982; 1983, No. 234 (Adj. Sess.), § 3; 1985, No. 92, § 5; 1991, No. 13, § 3; 2011, No. 14, § 2, eff. July 1, 2012; 2015, No. 145 (Adj. Sess.), § 9; 2019, No. 169 (Adj. Sess.), § 2, eff. Jan. 1, 2022; 2025, No. 47, § 10, eff. July 1, 2025.)

§ 4519 Assurance of discontinuance

(a) As an alternative to judicial proceedings, the Commissioner may accept an assurance of discontinuance of any violation of this part. An assurance of discontinuance may include, but need not be limited to:

(1) specific actions to be taken;

(2) abatement or mitigation schedules;

(3) payment of a civil penalty and the costs of investigation;

(4) payment of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved persons.

(b) An assurance of discontinuance shall be in writing and signed by the respondent and shall specify the statute or regulation alleged to have been violated. An assurance of discontinuance shall be simultaneously filed with the Attorney General and the Civil Division of the Superior Court of the county in which the alleged violation occurred or the Civil Division of the Superior Court of Washington County. An assurance of discontinuance may, by its terms, become an order of the court. Evidence of a violation of an assurance of discontinuance shall be prima facie proof of the violation.

(c) Any violation of an assurance of discontinuance shall constitute a separate and distinct offense of the underlying statute or rule and shall be subject to an administrative penalty under section 4520 of this title, in addition to any other applicable penalties.

(Added 2011, No. 54, § 6.)

§ 4520 Administrative penalties

(a) In addition to other penalties provided by law, the Commissioner may assess administrative penalties, not to exceed $1,000.00, for each violation of this part.

(b) In determining the amount of the penalty to be assessed under this section, the Commissioner may give consideration to one or more of the following:

(1) the degree of actual and potential impact on fish, game, public safety, or the environment resulting from the violation;

(2) the presence of mitigating or aggravating circumstances;

(3) whether the violator has been warned or found in violation of fish and wildlife law in the past;

(4) the economic benefit gained by the violation;

(5) the deterrent effect of the penalty;

(6) the financial condition of the violator.

(c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day’s continuance may be deemed to be a separate and distinct offense. In no event shall the maximum amount of the penalty assessed under this section exceed $25,000.00.

(d) In addition to the administrative penalties authorized by this section, the Commissioner may recover the costs of investigation, which shall be credited to a special fund and shall be available to the Department to offset these costs.

(e) Any party aggrieved by a final decision of the Commissioner under this section may appeal de novo to the Civil Division of the Superior Court of the county in which the violation occurred or the Civil Division of the Superior Court of Washington County within 30 days of the final decision of the Commissioner.

(f) The Commissioner may enforce a final administrative penalty by filing a civil collection action in the Civil Division of the Superior Court of any county.

(g) The Commissioner may, subject to 3 V.S.A. chapter 25, suspend any license or permit issued pursuant to his or her authority under this part for failure to pay a penalty under this section more than 60 days after the penalty was issued.

(Added 2011, No. 54, § 6.)

§ 4520a Notice and hearing requirements

(a) The Commissioner shall use the following procedures in assessing the penalty under section 4520 of this title: the Attorney General or an alleged violator shall be given an opportunity for a hearing after reasonable notice; and the notice shall be served by personal service or by certified mail, return receipt requested. The notice shall include:

(1) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(2) a statement of the matter at issue, including reference to the particular statute allegedly violated and a factual description of the alleged violation;

(3) the amount of the proposed administrative penalty; and

(4) a warning that the decision shall become final and the penalty imposed if no hearing is requested within 15 days of receipt of the notice. The notice shall specify the requirements which shall be met in order to avoid being deemed to have waived the right to a hearing or the manner of payment if the person elects to pay the penalty and waive a hearing.

(b) Any person who receives notification pursuant to this section shall be deemed to have waived the right to a hearing unless, within 15 days of the receipt of the notice, the person requests a hearing in writing. If the person waives the right to a hearing, the Commissioner shall issue a final order finding the person in default and imposing the penalty. A copy of the final default order shall be sent to the violator by certified mail, return receipt requested.

(c) When an alleged violator requests a hearing in a timely fashion, the Commissioner shall hold the hearing pursuant to 3 V.S.A. chapter 25.

(Added 2011, No. 54, § 6.)

§ 4521 Failure to stop

(a) An operator of a motor vehicle or vessel shall bring the vehicle or vessel to a stop when signaled to do so by a warden or deputy warden wearing a uniform identifying him or her as such or operating a law enforcement vehicle or vessel sounding a siren and displaying a flashing blue or blue and white signal lamp. A person who violates this section shall be fined not more than $500.00.

(b) A person who is traveling on foot who fails to stop when requested to do so by a warden or deputy warden wearing a uniform identifying him or her as a law enforcement officer shall be fined not more than $100.00.

(Added 1991, No. 215 (Adj. Sess.), § 3.)

§ 4522 Unclaimed evidence

(a) Notwithstanding 27 V.S.A. chapter 14, upon final disposition of a charge relating to a violation of this part, a person shall reclaim and remove his or her property seized as evidence of the violation from the fish and wildlife warden or officer in possession of the property, or risk forfeiture of the property as provided in this section.

(b) At any time after the final disposition of a charge relating to a violation of this part, the Commissioner may serve notice upon the defendant, stating that the property shall be forfeited unless the defendant reclaims and removes the property within 60 days of receipt of written notice.

(c) Written notice may be delivered personally or by certified mail. If notice is provided by mail, notice shall be deemed received three days after mailing by the Department. Written notice that is mailed shall be sent to the defendant at the address indicated on the citation on which the seizure was based.

(d) Property unclaimed after 60 days from the date of receipt of notice shall be forfeited to the State and, at the discretion of the Commissioner, may be destroyed, sold, or donated to a governmental entity, nonprofit organization, or children’s camp.

(e) If the State has knowledge that the seized property is owned by a person other than the defendant and the State wishes to dispose of the property, the State shall make a reasonable attempt to identify the owner and provide notice to that person in accordance with subsections (b) and (c) of this section.

(f) A person claiming to be the bona fide owner of the seized property who is not the defendant may provide evidence of ownership to the fish and wildlife warden or officer in possession of the property, and, if satisfied that the person is the bona fide owner, the warden or officer shall release the property to such person.

(g) After final disposition of a charge related to the seizure of the property, if the owner of the seized property is unknown, the Commissioner may publish notice twice, 14 days apart, in a newspaper of general circulation in the county where the evidence was seized. The notice shall include a description of the property, and if known, the date when the property was seized and the place where the property was seized. The notice shall state that the property is in the possession of the Commissioner, and that claims should be directed to the Commissioner. If no person claims the property within 60 days of the date of the first publication of notice, the property shall be forfeited to the Commissioner. At the discretion of the Commissioner, the property may be destroyed, sold, or donated to a governmental entity, nonprofit organization, or children’s camp.

(h) This section shall not apply to property seized as evidence of a violation of section 4513, 4606, or 4747 of this title.

(i) Proceeds realized from property that the Commissioner has sold under this section shall be deposited in the Fish and Wildlife Fund.

(Added 2001, No. 80 (Adj. Sess.), § 1, eff. April 17, 2002; amended 2015, No. 97 (Adj. Sess.), § 27.)

Subchapter 3 Uniform Fish and Wildlife Information

§ 4551 Fish and wildlife violation defined

A violation of any provision of this part, other than a violation for which a term of imprisonment may be imposed or a minor violation as defined in section 4572 of this title, shall be a fish and wildlife violation.

(Added 1977, No. 229 (Adj. Sess.); amended 1995, No. 181 (Adj. Sess.), § 9, eff. Sept. 1, 1996; 2017, No. 170 (Adj. Sess.), § 7.)

§ 4552 Jurisdiction; venue

The Vermont Criminal Division of the Superior Court shall have exclusive jurisdiction over fish and wildlife violations with the exception of violations related to section 4572 and chapters 123 and 124 of this title. Venue for adjudicating fish and wildlife violations shall be the unit of the Criminal Division of the Superior Court having jurisdiction over the geographical area where the offense is stated to have occurred.

(Added 1977, No. 229 (Adj. Sess.); amended 2009, No. 154 (Adj. Sess.), § 238; 2025, No. 47, § 11, eff. July 1, 2025.)

§ 4553 Information and summons; form

(a) In all fish and wildlife violations the information and summons may be in the form known as the “Uniform Fish and Wildlife Information.” The Court Administrator shall prepare the form for the uniform fish and wildlife information. The Court Administrator shall be responsible for printing and issuing all uniform fish and wildlife informations to game wardens and other law enforcement officers and he may require them to keep records and make reports concerning the disposition of each uniform fish and wildlife information issued. A game warden or law enforcement officer may void a uniform fish and wildlife information by so marking the information and returning it to the Court Administrator. A prosecuting attorney may dismiss a uniform fish and wildlife game information.

(b) The uniform fish and wildlife information shall consist of five sheets:

(1) the information and warrant, which shall include spaces for the signatures of the game warden or law enforcement officer, the prosecuting attorney, and judge or clerk;

(2) the abstract of the court record, which shall be forwarded to the Commissioner after conviction;

(3) the police record, which shall be a copy of the information;

(4) the prosecutor’s record, which shall be a copy of the information;

(5) the summons, which shall include a copy of the information, a waiver, and an explanation of rights.

(c) The reverse sides of the sheets shall contain such information as the court administrator considers necessary.

(d) The uniform fish and wildlife information shall contain the following two paragraphs:

(1) Failure to comply with the instructions contained on this information will result in the suspension of your hunting, fishing, and trapping license or your privilege to take wild animals in this State.

(2) If you admit you have committed a violation of a provision of part 4 of this title relating to the conservation of fish and wildlife you will be liable for a fine and, in addition, your license to hunt, fish, or trap or privilege to hunt, fish, or trap is subject to suspension or revocation as provided by law.

(e) The information form may be used in all cases involving violations of this part whether the case is prosecuted on the information as issued by a game warden, law enforcement officer, or by any other person.

(Added 1977, No. 229 (Adj. Sess.); amended 1981, No. 85, § 5, eff. May 7, 1981.)

§ 4554 Procedure on failure to appear; notice

If a defendant fails to appear or answer an information or summons served upon him or her, the court shall immediately report the name of the defendant and other pertinent facts to the Commissioner. The Commissioner shall mail a notice to the defendant at the address stated in the information notifying the defendant that his or her failure to appear has resulted in the suspension or revocation of his or her hunting, fishing, and trapping license and his or her privilege to take wild animals in this State. Nothing in this subchapter shall prevent the court from issuing an arrest warrant or punishing the defendant for contempt.

(Added 1977, No. 229 (Adj. Sess.); amended 1981, No. 85, § 6, eff. May 7, 1981.)

§ 4555 Answers to uniform fish and wildlife informations

(a) A person who is charged with committing a violation of this part may waive appearance and trial with the consent of the prosecuting attorney and plead guilty or nolo contendere by a signed statement. The person shall submit a fine in an amount as established under subsection (b) of this section with the signed statement. The court shall accept the signed statement accompanied by the fine assessed as a plea of guilty or nolo contendere as indicated on the signed statement and shall proceed accordingly.

(b) Three Criminal Division of the Superior Court judges appointed by the Court Administrator shall establish schedules, within the limits prescribed by law, of the amount of fines to be imposed. The fines shall be paid to, receipted by, and accounted for by the clerk in the same manner as other fines. A game warden or law enforcement officer who issues an information shall advise the defendant of the schedule of fines and show him or her a copy of that schedule.

(c) If a defendant fails to answer or appear as directed on the uniform fish and wildlife information or by the Criminal Division of the Superior Court judge or fails to pay the fine after judgment, the Commissioner shall suspend the hunting, fishing, and trapping license or the privilege of the defendant to take wild animals in this State until the defendant answers, appears, or pays the fine.

(Added 1977, No. 229 (Adj. Sess.); amended 2009, No. 154 (Adj. Sess.), § 238.)

§ 4556 Repealed

[Repealed]

1993, No. 236 (Adj. Sess.), § 5.

§ 4557 Supreme Court rules

The Supreme Court may make and amend rules consistent with this subchapter governing proceedings under this subchapter. The rules shall be adopted under 12 V.S.A. § 1.

(Added 1977, No. 229 (Adj. Sess.).)

Subchapter 4 Minor Fish and Wildlife Violations

§ 4571 Legislative findings; minor fish and wildlife violations defined

The General Assembly recognizes that minor fish and wildlife violations must be dealt with fairly but do not require the full weight of the Criminal Justice System. Minor fish and wildlife violations do not involve terms of imprisonment or substantial monetary penalties and persons who commit minor fish and wildlife violations should not be treated as criminal offenders. The purpose of this subchapter is to treat minor fish and wildlife violations as civil violations, removing them from the criminal courts and removing the label of criminality from those who commit them.

(Added 1995, No. 181 (Adj. Sess.), § 10, eff. Sept. 1, 1996.)

§ 4572 Definitions

(a) As used in this subchapter, a minor fish and wildlife violation means:

(1) a violation of 10 V.S.A. § 4145 (violation of access and landing area rules);

(2) a violation of 10 V.S.A. § 4251 (taking wild animals and fish without a license);

(3) a violation of 10 V.S.A. § 4266 (failure to carry a license on person or failure to exhibit license);

(4) a violation of 10 V.S.A. § 4267 (false statements in license application; altering license; transferring license to another person; using another person’s license; or guiding an unlicensed person);

(5) a violation of 10 V.S.A. § 4713 (tree or ground stands or blinds);

(6) [Repealed.]

(7) a violation of a biological collection rule adopted by the Board under part 4 of this title; or

(8) except for big game offenses and under revocation offenses, any fish and wildlife violation as defined by 10 V.S.A § 4551 and not otherwise listed in this section shall be charged as a minor violation, provided that:

(A) the offender has no prior history of fish and wildlife violations;

(B) no evidence was seized in relation to the violation;

(C) a criminal warrant was not used in relation to the violation; and

(D) there is no possibility of forfeiture.

(b) “Bureau” means the Judicial Bureau as created in 4 V.S.A. § 1102.

(Added 1995, No. 181 (Adj. Sess.), § 10, eff. Sept. 1, 1996; amended 1997, No. 99 (Adj. Sess.), § 5; 1997, No. 121 (Adj. Sess.), § 5; 2009, No. 130 (Adj. Sess.), § 2; 2015, No. 145 (Adj. Sess.), § 10; 2025, No. 47, § 12, eff. July 1, 2025.)

§ 4573 Repealed

[Repealed]

1999, No. 160 (Adj. Sess.), § 11.

§ 4574 Procedure

Minor fish and wildlife violations shall be heard by the Bureau and the procedure shall be as provided in 4 V.S.A. chapter 29.

(Added 1995, No. 181 (Adj. Sess.), § 10, eff. Sept. 1, 1996; amended 1997, No. 121 (Adj. Sess.), § 7.)

§ 4575 Suspension for failure to pay

In the case of failure to pay a penalty, the Judicial Bureau shall mail a notice to the defendant at the address in the complaint notifying the defendant that failure to pay or otherwise satisfy the penalty within 20 days of the notice will result in suspension of the person’s fish and wildlife license until the penalty is paid or otherwise satisfied. A copy of the notice shall be sent to the Commissioner of Fish and Wildlife, who, after 20 days from the date of notice, shall suspend the person’s fish and wildlife license until the penalty is paid or otherwise satisfied.

(Added 1995, No. 181 (Adj. Sess.), § 10, eff. Sept. 1, 1996; amended 1997, No. 121 (Adj. Sess.), § 8.)

§ 4576 Violation report; assessment of points

The Bureau shall send a report of each finding of a minor fish and wildlife violation to the Commissioner of the Fish and Wildlife Department. Such a finding shall be prima facie evidence of a violation and shall result in assessment of points and suspension or revocation of the person’s license pursuant to section 4502 of this title.

(Added 1995, No. 181 (Adj. Sess.), § 10, eff. Sept. 1, 1996.)

§ 4577 Reports

The Court Administrator shall prepare audits, records, and reports relating to minor fish and wildlife complaints and violations. The Court Administrator shall also notify the Commissioner of Fish and Wildlife of any violations which are uncontested or admitted or which are determined after hearing to have been committed or in connection with which a default judgment has been entered. The Commissioner of Fish and Wildlife shall file and record information on violations received under this section.

(Added 1995, No. 181 (Adj. Sess.), § 10, eff. Sept. 1, 1996.)

Chapter 111 Fish

§ 4601 Taking fish; possession

A person shall not take fish, except in accordance with this part and regulations of the Board, or possess a fish taken in violation of this part or regulations of the Board.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4602 Unintentional taking; return to water

When a fish is unintentionally taken contrary to a provision of this part or of regulations of the Board, such fish shall be immediately liberated and returned to the water from whence taken, without unnecessary injury. The person so returning such fish shall not be subject to the penalty for taking same.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4603 Catch limit; exception

When it is unlawful to take more than a specified number of pounds of any fish in one legal day, the taking of one fish additional by a person having less than the number of pounds specified when taken shall not be regarded as a violation of the provision fixing such limit.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4604 Ice fishing

A person who holds a fishing license and a person who is allowed to take fish without such a license shall not take fish through the ice except in accordance with regulations of the Board.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4605 Placing fish in waters; fish importation permits

(a) A person shall not introduce or attempt to introduce any fish into any waters except private ponds lacking access to other waters of the State without a permit issued by the Commissioner under this section or rules adopted by the Commissioner under subsection (c) of this section.

(b) A person shall not bring into the State for the purpose of planting or introducing, or to plant or introduce, into any of the inland or outlying waters of the State any live fish or the live spawn thereof, unless, upon application in writing therefor, the person obtains from the Commissioner a permit so to do.

(c) The Commissioner may, by rule:

(1) Require a permit to introduce or attempt to introduce specific fish species into a specific water of the State based on management purposes.

(2) Prohibit the introduction or attempt at introduction of fish to specific waters of the State based on management purposes, ecosystem considerations, or the health and safety of Vermont’s fish population.

(3) Adopt a list of fish that if introduced into Vermont waters, have the potential to cause harm to the fish population of the State. A person shall not possess or bring into the State any fish on the list unless the person has received a permit issued pursuant to this subsection. The Commissioner may issue a permit allowing importation and possession of a fish on the list, provided the fish is to be kept in a controlled situation and used for a public purpose such as research or education.

(d) Applicants shall pay a permit fee of $50.00. The Commissioner or duly authorized agents shall make such investigation and inspection of the fish as they may deem necessary, and then the importation permit may be granted pursuant to regulations that the Board shall prescribe. The Commissioner may waive the permit fee required under this subsection for organizations cooperating or partnering with the Department. The Commissioner or duly authorized agents shall make a determination on the permit within 10 days of receiving the application. The Department may dispose of unlawfully imported fish as it may judge best, and the State may collect damages from the violator of this subsection for all expenses incurred.

(e) Nothing in this section shall prohibit the Board, the Commissioner, or their duly authorized agents from bringing into the State for the purpose of planting, introducing, or stocking, or from planting, introducing, or stocking any fish in the State.

(f) In any permit issued under this section, the Commissioner may include conditions that ensure the health and safety of Vermont’s fish population.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 85, § 7; 1997, No. 155 (Adj. Sess.), § 44, eff. Jan. 1, 1999; 2005, No. 42, § 2; 2015, No. 145 (Adj. Sess.), § 3, eff. Jan. 1, 2017.)

§ 4606 Taking fish by unlawful means

(a) A person shall not take fish by means of explosives, or use explosives in any waters, or have the same in his or her possession upon any waters, the shores thereof, or islands therein, except for mining or mechanical purposes.

(b) A person shall not place in any waters lime, creosote, coculus inducus, or other drug or poison destructive to fish.

(c) A person shall not take or kill fish by shutting or drawing off water.

(d) A person, except as otherwise provided, shall not use or have in his or her possession for use or furnish for another’s use, for taking fish, a pound net, trap net, seine, snare, gill net, set net, fyke net, set line, fishing otter, trawl or grapple, or similar device for killing fish or have in his or her possession such device on any waters or the shores thereof or the islands therein. Such devices may be summarily seized and destroyed by a game warden. Nothing in this subsection shall prohibit the taking of fish with, or the possession of, a spear or artificial light or the taking of eels with eel pots in designated areas of Lake Champlain.

(e) In Lake Champlain pickerel, northern pike, carp, garfish, bowfin, mullet, shad, suckers, bullhead, and other cull fish may be taken from March 25 to May 25 by shooting and spearing in other than spawning areas designated under section 4140 of this title. For the purposes of this subsection, Lake Champlain includes all connected waters at the same level.

(f) Except as authorized in chapter 105, subchapter 2 of this title and as utilized by the Department of Fish and Wildlife, electrofishing is prohibited in all waters of the State.

(g) A person shall not use a lead sinker for taking of fish in any State waters. In this section, “sinker” means any device that weighs one-half ounce or less and is attached to a fishing line for the purpose of sinking the line, and does not include other lead fishing-related items such as weighted fly line, lead-core fishing line, downrigger cannon balls, weighted flies, lures, spoons, or jig heads.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1969, No. 110, eff. April 19, 1969; 1979, No. 148 (Adj. Sess.), § 5, eff. April 24, 1980; 1981, No. 214 (Adj. Sess.), §§ 2, 3, eff. April 26, 1982; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 2003, No. 137 (Adj. Sess.), § 1, eff. Jan. 1, 2007.)

§ 4607 Obstructing streams

(a) A person shall not unless authorized by the Commissioner prevent the passing of fish in a stream or the outlet or inlet of a natural or artificial pond on a public stream, by means of a rack, screen, weir, or other obstruction, and shall comply with the terms of the notice provided in subsection (b) of this section.

(b) The Commissioner may order such an obstruction removed by the person erecting the same or by the owner of the land on which it is located, by serving on such person or owner a written notice requiring the removal of such obstruction within 10 days after service thereof. When such person fails to remove any such obstruction within the time required in such notice, the Commissioner may remove the same and recover the expense thereof in a civil action on this section.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4608 Repealed

[Repealed]

1991, No. 230 (Adj. Sess.), § 1(7).

§ 4609 Connecticut River; Lake Champlain

(a) Persons holding a New Hampshire fishing license may take fish from the Connecticut River, provided the State of New Hampshire grants the same right to persons holding a Vermont fishing license. Such taking shall be only in accordance with rules and regulations adopted by the State of New Hampshire relative to open and closed seasons, limits of catch, minimum sizes of fish caught, and methods of fishing and upon agreement between the Commissioner and the Director of Fish and Wildlife of the State of New Hampshire and the approval of the Secretary. Whereupon the laws of this State covering such matters shall be suspended as to the waters described in this subsection. Any violation of said provisions shall be punished as provided in section 4515 of this title.

(b) A person holding a New York fishing license may take fish from the Vermont portion of Lake Champlain provided the State of New York grants the right to fish in the New York portion of the lake to a person holding a Vermont fishing license. In this case, a person holding a New York license may take fish in the Vermont portion of the lake in accordance with rules adopted under this part and shall be fined pursuant to section 4515 of this title for violation of the rules while fishing in the Vermont portion of the lake. In this section, the Vermont portion of Lake Champlain means the portion of Lake Champlain which lies within Vermont waters up to the mouth of any tributary river or stream, and shall not include any waters on the east side of the railroad fills at Malletts Bay, the Gut, and Pelots Point.

(c), (d) [Repealed.]

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1991, No. 230 (Adj. Sess.), § 24; 2003, No. 23, § 1, eff. May 14, 2003; 2009, No. 33, § 83(e)(7); 2009, No. 64 (Adj. Sess.), § 1, eff. Jan. 19, 2010.)

§ 4610 Repealed

[Repealed]

1991, No. 230 (Adj. Sess.), § 1(8).

§ 4611 Sale of fish

(a) A person shall not buy or sell a salmon, trout, lake trout, walleye, northern pike, muskellunge, black bass, or any other fish specified by rule by the Board taken in this State, or imported from another state or country where sale of such fish is prohibited, except such fish reared in licensed propagation farms within the State.

(b) A person shall not buy or sell fish caught in Vermont without a permit issued by the Commissioner, as required under the rules of the Board and the requirements of part 4 of this title. A propagation farm with a valid permit issued under 10 App. V.S.A. § 117 shall not be required to obtain a permit under this section.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 85, § 8; 2015, No. 145 (Adj. Sess.), § 2, eff. Jan. 1, 2017.)

§ 4612 Fishing houses

(a) The owner of a fishing house shall not place the fishing house or cause the same to be placed on the ice covering the waters of this State earlier than November 20 of any year, and then only if his or her name and residence address are permanently and legibly affixed, as by waterproof paint or rustproof tag in a clearly visible place near the entrance. The owner shall remove his or her fishing house, together with its contents and any surrounding debris, before the ice loses its ability to support the fishing house out of the water, or on or before the last Sunday in March, whichever occurs first. Under no circumstances shall a fishing house be allowed in the waters of this State.

(b) For the purposes of this section, “fishing house” means a bob-house, smelt shanty, or other structure designed to be placed on the ice of the waters of this State for use for fishing or to be occupied for other purposes.

(Added 1969, No. 240 (Adj. Sess.); amended 1971, No. 14, § 2, eff. March 11, 1971; 1981, No. 85, § 9; 1983, No. 113 (Adj. Sess.).)

§ 4613 Fishing tournaments

(a) No person or organization shall hold a fishing tournament on the waters of the State without first obtaining a permit from the Department of Fish and Wildlife. Tournaments held on the Connecticut River, excluding Moore and Comerford Reservoirs, that do not utilize an access area in Vermont are not required to obtain a permit from the Department of Fish and Wildlife.

(b) A fishing tournament means a contest in which anglers pay a fee to enter and in which the entrants compete for a prize based on the quality or size of the fish they catch. A contest may run multiple days, but the days must be consecutive for that contest to be considered a single event. A tournament that limits the entrants to people below 15 years of age or a tournament held as part of a Special Olympics program shall be exempt from paying the fee required under subsection (d) of this section.

(c) The Commissioner shall adopt rules that establish the procedure for implementation of this section. The rules shall include a provision that an angler may not enter a fish that was caught and confined to an enclosed area prior to the beginning of the tournament.

(d) The Commissioner shall charge a fee based on the number of participants for each permit issued under this section and shall deposit the fee collected into the Fish and Wildlife Fund. Tournaments with up to 25 participants shall pay a fee of $10.00; tournaments with 26 to 50 participants shall pay a fee of $30.00; and tournaments with more than 50 participants shall pay a fee of $100.00.

(Added 1991, No. 161 (Adj. Sess.), § 2; amended 2003, No. 129 (Adj. Sess.), § 1; 2003, No. 163 (Adj. Sess.), § 15; 2025, No. 47, § 9, eff. July 1, 2025.)

§ 4614 Largest fish; roster

(a) The Commissioner may maintain a roster of names of people who have caught the largest of each species of Vermont fish. The roster may include the size and weight of the fish, date and place caught, and any other relevant information.

(b) No fish that was confined to an enclosed area by a person prior to that person or any other person catching the fish may be listed on the roster of largest fish. This subsection shall not apply to fish stocked under government authority.

(Added 2003, No. 129 (Adj. Sess.), § 2.)

§ 4615 Lead sinkers; sales prohibited

It is unlawful to sell or offer for sale a lead sinker in the State of Vermont. In this section, “sinker” means any device which weighs one-half ounce or less and is attached to a fishing line for the purpose of sinking the line, and does not include other lead fishing-related items such as weighted fly line, lead-core fishing line, downrigger cannon balls, weighted flies, lures, spoons, or jig heads.

(Added 2003, No. 137 (Adj. Sess.), § 2, eff. Jan. 1, 2006.)

§ 4616 Repealed

[Repealed]

2015, No. 145 (Adj. Sess.), § 11.

Chapter 112 Compact for State and Federal Membership in the Connecticut River Atlantic Salmon Commission

§ 4651 Authority

The Governor is hereby authorized and directed to execute a Compact on behalf of the State of Vermont with the states of Connecticut, Massachusetts, and New Hampshire and with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service legally joining therein the form substantially as set forth herein.

(Added 1979, No. 89 (Adj. Sess.).)

§ 4652 Purposes—Article I

The purpose of this Compact is to promote the restoration of Anadromous Atlantic salmon, hereinafter referred to as Atlantic salmon, in the Connecticut River basin by the development of a joint interstate program for stocking, protection, management, research, and regulation. It is the purpose of this Compact to restore Atlantic salmon to the Connecticut River in numbers as near as possible to their historical abundance.

(Added 1979, No. 89 (Adj. Sess.).)

§ 4653 Effective date—Article II

This agreement shall become operative immediately whenever all of the states of Vermont, New Hampshire, Massachusetts, and Connecticut have executed it in a form that is in accordance with the laws of the executing state and the Congress has given its consent.

(Added 1979, No. 89 (Adj. Sess.).)

§ 4654 Connecticut River Atlantic Salmon Commission—Article III

Each state joining herein shall appoint two representatives to a commission hereby constituted and designated as the Connecticut River Atlantic Salmon Commission. One shall be the executive officer of the administrative agency of such state charged with the management of the fisheries resources to which this Compact pertains or his or her designee. The second shall be a citizen who shall have a knowledge and interest in Atlantic salmon to be appointed by the Governor for a term of three years. The Director of the Northeast Region of the Fish and Wildlife Service, U.S. Department of the Interior or his designee and the Director of the Northeast Region of the National Marine Fisheries Service, U.S. Department of Commerce or his or her designee shall be members of said Commission. The Commission shall be a body corporate with the powers and duties set forth herein.

(Added 1979, No. 89 (Adj. Sess.).)

§ 4655 Duties; regulatory and enforcement powers; licenses—Article IV

The duty of said Commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances, and conditions as may be disclosed for bringing about the restoration of Atlantic salmon in the Connecticut River and its tributaries.

To promote the restoration, preservation, and protection of Atlantic salmon in the Connecticut River Basin, the Commission may draft and recommend to the governors of the various signatory states legislation to accomplish this end. The Commission shall, more than 60 days prior to any regular meeting of the Legislature of any signatory state, present to the Governor of the state its recommendations relating to proposed enactments to be made by the Legislature of the state in furthering the intents and purposes of this Compact.

The Commission shall have the power to recommend to the states party hereto stocking programs, management procedures, and research projects and when two or more states party hereto shall jointly stock waters or undertake cooperative management or research the Commission shall act as the coordinating agency. The Commission, using all available means, shall encourage acquisition by the signatory states of river bank, river bed, and access thereto.

The Commission shall consult with and advise the pertinent administrative agencies in the signatory states with regard to other anadromous species and their potential impact or the potential impact of sport fisheries and commercial fisheries for other anadromous species on the restoration of Atlantic salmon to the Connecticut River Basin.

In the interest of developing a sound program of Atlantic salmon management, the Commission shall promulgate regulations governing Atlantic salmon fishing in the main stem of the Connecticut River in all four signatory states as hereinafter provided. Such regulations may: (1) establish the open and closed seasons for Atlantic salmon which may vary by river section, (2) establish hours, days of period during the open season when fishing for Atlantic salmon shall not be permitted in designated areas, (3) prescribe the legal methods of taking Atlantic salmon including the type of gear such as gaffs, landing nets or tailers which may be used to assist in landing such fish, (4) establish the minimum legal length for Atlantic salmon, (5) establish the daily creel limit, the season creel limit, and the possession limit for Atlantic salmon. The Commission shall recommend, review, and issue comments on such regulations as may be promulgated by the signatory states governing Atlantic salmon fishing in tributary streams. The states of Connecticut and Massachusetts agree to make available for brood stock, from fish taken in the fish passage facilities at the Rainbow Reservoir Dam and the Holyoke Power Company Dam, such numbers of adult Atlantic salmon as the Commission deems necessary to carry out the Atlantic Salmon Restoration Program.

The Commission shall have the power to issue a Connecticut River Basin Atlantic Salmon License and the sale of such licenses shall be handled by the individual signatory states or their authorized agents. The individual signatory states shall be accountable to the Commission for all such licenses and the monies received therefrom. The initial fee for such licenses shall be determined by majority vote of the Commission but shall not exceed the maximum resident angling license fee of the signatory states except that the Commission may upon a determination of need and with the unanimous approval of its membership increase such license and issuing fee. The individual signatory states or their issuing agent may retain a recording fee of up to fifty cents for each license issued. Forms for such license shall be provided to the signatory states by the Commission. Such license shall be a legal prerequisite for any person including minors fishing for or possessing Atlantic salmon in the waters or on the shores of the Connecticut River and all of its tributaries. In addition to said Connecticut River Basin Atlantic Salmon License, all persons, except those specifically exempted because of age, disability, or other limitations as determined by statute or regulations of the individual signatory states shall be required to possess a valid resident or nonresident sport fishing license issued by the state in which such person is fishing. The Commission shall recognize that in certain waters or sections of waters a daily rod permit may also be required, such daily rod permit to be issued by the state in which such waters or sections of waters are located; however, the signatory states shall not, by fee, distinguish between residents and nonresidents. The authority to limit the number of persons fishing for Atlantic salmon in certain tributaries or sections of certain tributaries shall remain the prerogative of the individual signatory states.

The respective police agencies of the signatory states shall have the authority to enforce all of the regulations and license requirements of the Commission any place in the Connecticut River Basin.

The Commission shall have the authority to accept gifts, state grants, and federal funds. The Commission shall have the authority to expend money from fees collected for Connecticut River Basin Atlantic Salmon Licenses or from such other funds available to the Commission to finance the cost of stocking, management, or research carried on by signatory states to further the purposes of this Compact. Such funds shall be in the form of direct grants to the agency of such state charged with the management of the fisheries resources and may be up to 100 percent of the cost of projects approved by a majority vote of the Commission.

(Added 1979, No. 89 (Adj. Sess.).)

§ 4656 Officers; office; and reimbursement for travel—Article V

The Commission shall elect from its number a Chair and a Vice Chair and at its pleasure may remove such officers. Said Commission shall adopt rules and regulations for the conduct of its business. At such time as funds are available to the Commission, the Commission may establish and maintain an office for the transaction of its business. The Commission may meet at any time or place but must meet at least semiannually.

The Commission shall have the authority to expend money from available Commission funds to reimburse its membership for necessary travel expenses.

(Added 1979, No. 89 (Adj. Sess.).)

§ 4657 Employment and compensation of personnel—Article VI

At such time as funds are available, the Commission may employ and discharge at its pleasure such personnel as may be required to carry out the provisions of this Compact and shall fix and determine their duties, qualifications and compensation.

(Added 1979, No. 89 (Adj. Sess.).)

§ 4658 Technical committee—Article VII

There shall be established a Technical Committee to consist of one fishery biologist from each of the signatory states, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to act in an advisory capacity to the Commission. The Technical Committee shall have the authority to request employees of the signatory states, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service or others who have special fields of expertise to act as special advisors to the Committee. At such time as funds are available the Commission may reimburse Technical Committee members and special advisors for necessary travel expenses.

(Added 1979, No. 89 (Adj. Sess.).)

§ 4659 Majority vote—Article VIII

No action shall be taken by the Commission in regard to its general affairs except by affirmative vote of a majority of members present at any meeting. No recommendation or allotment of grant funds shall be made by the Commission except by the affirmative vote of a majority of the members.

(Added 1979, No. 89 (Adj. Sess.).)

§ 4660 Absence of representation—Article IX

Continued absence of representation or of any representative on the Commission from any party hereto shall be brought to the attention of the governor thereof.

(Added 1979, No. 89 (Adj. Sess.).)

§ 4661 Annual appropriation—Article X

The states signatory hereto agree to make an annual appropriation to the initial support of the Commission in the amount of $1,000.00 from the Fish and Wildlife Fund for each of the first three years that this Compact is in effect.

(Added 1979, No. 89 (Adj. Sess.).)

§ 4662 Records; examination of accounts—Article XI

The Commission shall keep accurate accounts of all receipts and disbursements and shall report to the governor and the legislature of each state party to this Compact on or before the tenth day of January of each year, setting forth in detail the transactions conducted by it during the 12 months preceding January first of that year. The Auditor of Accounts of the State of Vermont is hereby authorized and empowered from time to time to examine the accounts and books of the Commission, including its receipts, disbursements, grants and such other items referring to its financial standing as such Comptroller may deem proper and to report the results of such examination to the governor of said state.

(Added 1979, No. 89 (Adj. Sess.).)

Chapter 113 Game

Subchapter 1 General Provisions

§ 4701 Use of gun, bow and arrow, and crossbow; legal day; dogs

(a) Unless otherwise provided by statute, a person shall not take game except with:

(1) a gun fired at arm’s length;

(2) a bow and arrow; or

(3) a crossbow as authorized by the rules of the Board.

(b) A person shall not take game between one-half hour after sunset and one-half hour before sunrise unless otherwise provided by statute or by the rules of the Board.

(c) A person may take game and fur-bearing animals during the open season therefor, with the aid of a dog, unless otherwise prohibited by statute or by the rules of the Board.

(d) A person taking game with a gun may possess, carry, or use a gun suppressor in the act of taking game.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1997, No. 99 (Adj. Sess.), § 6; 2013, No. 78, § 12; 2019, No. 50, § 11; 2021, No. 165 (Adj. Sess.), § 5, eff. July 1, 2022; 2021, No. 165 (Adj. Sess.), § 9, eff. July 1, 2024; 2023, No. 161 (Adj. Sess.), § 37, eff. June 6, 2024.)

§ 4702 Use of light

A person shall not intentionally throw or cast the rays of a spotlight, jack, or other artificial light on any highway, or any field, woodland, or forest, in order to spot, locate, take, or attempt to take, spot, or locate any wild animal. However, a light may be used to take skunks and raccoons in accordance with rules of the Board.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 230 (Adj. Sess.), § 31; 1993, No. 236 (Adj. Sess.), § 2; 1995, No. 8, § 1, eff. March 28, 1995.)

§ 4703 Use of set guns; recovery for damage

A person shall not at any time set or use any device, the object of which is to discharge a firearm for the purpose of taking any wild animal. A person violating this section shall be liable for twice the amount of damage caused by his or her act to be recovered by a person damaged thereby, in a civil action on this section.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4704 Use of machine guns and autoloading rifles

(a) A person engaged in hunting for wild animals shall not use, carry, or have in the person’s possession:

(1) a machine gun of any kind or description; or

(2) an autoloading rifle with a magazine capacity of over six cartridges, except a .22 caliber rifle using rim fire cartridges.

(b) [Repealed.]

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 2015, No. 61, § 16, eff. July 2, 2015; 2021, No. 165 (Adj. Sess.), § 6, eff. July 1, 2022.)

§ 4705 Shooting from motor vehicles or aircraft; shooting from or across highway; permit

(a) A person shall not take or attempt to take a wild animal by shooting from a motor vehicle, motorboat, airplane, snowmobile, or other motor-propelled craft or any vehicle drawn by a motor-propelled vehicle except as permitted under subsection (e) of this section.

(b)(1) A person shall not carry or possess while in or on a vehicle propelled by mechanical power or drawn by a vehicle propelled by mechanical power within the right-of-way of a public highway any of the following:

(A) a rifle, air rifle, arrow rifle, pre-charged pneumatic rifle, or shotgun containing a loaded cartridge, shell, or other projectile in the chamber, mechanism, or in a magazine, or clip within a rifle or shotgun;

(B) a muzzle-loading rifle or muzzle-loading shotgun that has been charged with powder and projectile and the ignition system of which has been enabled by having an affixed or attached percussion cap, primer, battery, or priming powder, except as permitted under subsections (d) and (e) of this section; and

(C) unless it is uncocked, a crossbow in or on a motor vehicle, motorboat, airplane, snowmobile, or other motor-propelled craft or any vehicle drawn by a motor-propelled vehicle except as permitted under subsection (e) of this section.

(2) A person who possesses a rifle, crossbow, or shotgun, including a muzzle-loading rifle or muzzle-loading shotgun, in or on a vehicle propelled by mechanical power, or drawn by a vehicle propelled by mechanical power within a right-of-way of a public highway shall upon demand of an enforcement officer exhibit the firearm for examination to determine compliance with this section.

(3) As used in this subsection:

(A) “Air rifle” means a .22 or larger caliber device that fires a bullet solely by the use of unignited compressed gas as the propellant.

(B) “Arrow rifle” means a device that fires an arrow or bolt solely by the use of unignited compressed gas as the propellant.

(C) “Pre-charged pneumatic rifle” means an air rifle or arrow rifle for which the propellant is supplied or introduced by means of a source that is physically separate from the air gun or arrow gun.

(c) A person while on or within 25 feet of the traveled portion of a public highway, except a public highway designated Class 4 on a town highway map, shall not take or attempt to take any wild animal by shooting a firearm, a muzzle loader, a bow and arrow, or a crossbow. A person while on or within the traveled portion of a public highway designated Class 4 on a town highway map shall not take or attempt to take any wild animal by shooting a firearm, a muzzle loader, a bow and arrow, or a crossbow. A person shall not shoot a firearm, a muzzle loader, a bow and arrow, or a crossbow over or across the traveled portion of a public highway, except for a person shooting over or across the traveled portion of a public highway from a sport shooting range, as that term is defined in section 5227 of this title, provided that:

(1) the sport shooting range was established before January 1, 2014; and

(2) the operators of the sport shooting range post signage warning users of the public highway of the potential danger from the sport shooting range.

(d) This section shall not restrict the possession or use of a loaded firearm by an enforcement officer in performance of his or her duty.

(e) Subsections (a) and (c) of this section shall not apply to a licensed hunter with paraplegia or who is certified by a physician to be unable to pursue game because of permanent severe physical disability, if he or she obtains a permit as provided in this subsection. The Commissioner on receipt of satisfactory proof of the disability of an applicant may issue a permit under this subsection. This permit shall be attached to the license and shall remain in effect until the death of the holder, unless the Commissioner has reason to believe the permit is misused. The holder of the permit shall carry it at all times while hunting and shall produce it on demand for inspection by any game warden or other law enforcement officer authorized to make arrests. The holder of the permit may take game from a vehicle or boat but only if it is stationary and is not within 10 feet of the traveled portion of a public highway. In no event shall the holder of a permit shoot across the traveled portion of a public highway.

(f) The phrase “public highway,” as used in this section, means roads, including Class 4 roads, shown on the highway maps of the respective towns, made by the Agency of Transportation, but does not include foot trails or private roads.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1967, No. 279 (Adj. Sess.), § 1, eff. March 12, 1968; 1969, No. 35; 1973, No. 178 (Adj. Sess.), § 2; 1977, No. 103, § 2, eff. May 6, 1977; 1977, No. 143 (Adj. Sess.); 1991, No. 13, § 4; 1997, No. 99 (Adj. Sess.), § 7; 2003, No. 163 (Adj. Sess.), § 15a; 2007, No. 97 (Adj. Sess.), § 3; 2013, No. 78, § 12a; 2013, No. 96 (Adj. Sess.), § 38; 2013, No. 116 (Adj. Sess.), § 8, eff. May 5, 2014; 2017, No. 170 (Adj. Sess.), § 8; 2025, No. 47, § 4, eff. July 1, 2025.)

§ 4706 Snaring animals

A person shall not take an animal by snaring nor shall he or she possess a snare with intent to use the same.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4707 Traps; notice

A person who intends to set a trap for any animal on the property of another shall, prior to setting the trap, notify the owner of the property of his or her intention to set the trap and of the prospective location of the trap. The owner of the property may, at any time, refuse to grant permission to set a trap or revoke the permission if previously granted.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1973, No. 178 (Adj. Sess.), § 3.)

§ 4708 Interference with hunting, fishing, or trapping

(a) A person shall not intentionally interfere with the lawful taking of fish or wild animals by:

(1) tampering with traps, nets, bait, firearms, or any other thing used for hunting, trapping, or fishing;

(2) placing himself or herself in a position, for the purpose of interfering, that hinders or prevents hunting, trapping, or fishing; or

(3) engaging in an activity, for the purpose of interfering, that drives, harasses, disturbs, or is likely to disturb wildlife or fish.

(b) Nothing in this subsection shall be construed to prohibit an incidental interference arising from lawful activity by landowners or users of land, including farmers and recreationists.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 85, § 10; 1981, No. 127 (Adj. Sess.); 2015, No. 145 (Adj. Sess.), § 12.)

§ 4709 Transport, importation, possession, and stocking of wild animals; possession of wild boar or feral swine

(a) A person shall not bring into, transport into, transport within, transport through, or possess in the State any live wild bird or animal of any kind, including reptiles, amphibians, or any manner of feral swine, without authorization from the Commissioner or the Commissioner’s designee. The importation permit may be granted under rules, requirements, or conditions that the Commissioner shall prescribe and only after the Commissioner has made such investigation and inspection of the birds or animals as the Commissioner may deem necessary. The Department may dispose of unlawfully possessed or imported wildlife as it may judge best, and the State may collect treble damages from the violator of this subsection for all expenses incurred.

(b) No person shall bring into the State from another country, state, or province wildlife illegally taken, transported, or possessed contrary to the laws governing the country, state, or province from which the wildlife originated.

(c) No person shall place a Vermont-issued tag on wildlife taken outside the State. No person shall report big game in Vermont when the wildlife is taken outside the State.

(d) Nothing in this section shall prohibit the Commissioner or duly authorized agents of the Department of Fish and Wildlife from bringing into the State for the purpose of planting, introducing, or stocking or from planting, introducing, or stocking in the State any wild bird or animal.

(e) Any person who violates this section may be subject to the penalties set forth in section 4518 of this title and also may be required to pay additional penalties based on reasonable mitigation and potential economic benefit associated with commercial trade.

(f) The Commissioner may bring an action in the unit of the Criminal Division of the Superior Court having jurisdiction over the geographical area where the offense is stated to have occurred, or the Environmental Division of the Superior Court, to compel reasonable mitigation and recover economic benefits for commercial collection and trade violations under this section.

(g) Applicants shall pay a permit fee of $100.00.

(h)(1) The Commissioner shall not issue a permit under this section for the importation or possession of the following live species, a hybrid or genetic variant of the following species, offspring of the following species, or offspring or a hybrid of a genetically engineered variant of the following species: feral swine, including wild boar, wild hog, wild swine, feral pig, feral hog, old world swine, razorback, Eurasian wild boar, or Russian wild boar (Sus scrofo Linnaeus). A feral swine is:

(A) a domestic pig that is outside of an enclosure for more than 96 hours and is free roaming on public or private land;

(B) an animal that exhibits at least one of the following skeletal characteristics:

(i) skull characteristics of an elongated snout or sloping appearance with little or no stop at the eye line;

(ii) a shoulder structure with a steep or predominate ridge along the back appearance, known as a razorback;

(iii) hindquarters proportionally smaller than the forequarters lacking natural muscling found in commercial species; or

(iv) visible tusks; or

(C) an animal that is genetically determined to be a Eurasian wild boar or Eurasian wild boar-domestic pig hybrid as characterized with an appropriate genome-wide molecular tool.

(2) The definition of feral swine under subdivision (1) of this subsection shall not include feral swine collared and used by State or federal wildlife damage management entities, such as the U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services, to determine the location of free-ranging feral swine.

(3) This subsection shall not restrict or limit the authority of the Secretary of Agriculture, Food and Markets to regulate the importation or possession of the domestic pig as livestock or as a domestic animal under Title 6 of the Vermont Statutes Annotated. At the request of the owner of a domestic pig that is outside of its enclosure, the Secretary of Agriculture, Food and Markets may assist the owner in capturing and confining the domestic pig. In providing assistance to the owner of a domestic pig under this subdivision (h)(3), the Secretary of Agriculture, Food and Markets may request support or guidance from the U.S. Department of Agriculture, Animal and Plant Health Inspection Service.

(4) Any feral swine may be removed or destroyed by the Department; the Agency of Agriculture, Food and Markets or a designee; or the U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services. The Department shall notify the Agency of Agriculture, Food and Markets prior to removal of or destruction of a feral swine as defined in subdivision (h)(1)(A) of this section.

(5) The Department shall notify the Agency of Agriculture, Food and Markets of the disposition of feral swine.

(6) Any person who kills a feral swine in Vermont shall report to a State game warden and shall present the carcass to the State game warden within 24 hours.

(7) The State or its designee shall not be liable for damages or claims associated with the removal or destruction of feral swine, provided that the actions of the State agents or designees are reasonable. The removal or destruction of feral swine shall be deemed reasonable where:

(A) the Department has acted in accordance with subdivision (4) of this subsection (h); and

(B) the Department determines that the swine:

(i) is a threat to public safety;

(ii) has harmed or posed a threat to any person or domestic animal;

(iii) has damaged private or public property;

(iv) has damaged or is damaging natural resources, including wetlands; vernal pools; wildlife and their habitats; rare and irreplaceable natural areas; or rare, threatened, or endangered species; or

(v) the Department determines that the swine constitutes or could establish a breeding feral swine population in Vermont.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1967, No. 46; 1973, No. 178 (Adj. Sess.), § 4; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1991, No. 230 (Adj. Sess.), § 25; 1997, No. 99 (Adj. Sess.), § 13; 1997, No. 155 (Adj. Sess.), § 45, eff. Jan. 1, 1999; 2003, No. 163 (Adj. Sess.), § 16; 2013, No. 78, § 15, eff. June 7, 2013; 2017, No. 170 (Adj. Sess.), § 9; 2019, No. 129 (Adj. Sess.), § 21; 2025, No. 47, § 15, eff. July 1, 2025.)

§ 4710 Safety zone; shooting prohibited

(a) A person may on land owned or occupied by him or her and within 500 feet of any occupied dwelling house, residence, or other building or camp occupied by human beings, or any barn, stable, or other building used in connection therewith, maintain posters furnished by the Department of Fish and Wildlife not less than 12 inches wide and 18 inches high containing the words “safety zone, shooting prohibited.” An area bounded by such posters placed at each corner, and not more than 200 feet apart on the boundaries shall be considered enclosed land for the purpose of this section and is hereby defined as a “safety zone.” Without advance permission of the owner or occupant, a person shall not discharge a firearm within or take a wild animal that is within a “safety zone” as defined herein.

(b) Any person who violates a provision of this section shall be fined $50.00.

(Added 1967, No. 40,§§ 1, 2, eff. March 16, 1967; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1991, No. 13, § 5.)

§ 4711 Repealed

[Repealed]

2019, No. 50, § 12.

§ 4712 Tracking of injured wildlife

(a) The Commissioner may certify an individual to use a dog on a leash to track injured wild animals. The certificate shall be valid for five years from date of issuance. The Commissioner shall establish the following by rule:

(1) procedures for issuing a certificate under this section;

(2) qualifications required for certification under this section;

(3) privileges granted to a person holding a certificate under this section.

(b) Fees to be charged to a person applying for certification under this section shall be:

| (1) | Application fee | $25.00 | | --- | --- | --- | | (2) | Initial certification—resident | $100.00 | | (3) | Initial certification—nonresident | $200.00 | | (4) | Renewal—resident | $125.00 | | (5) | Renewal—nonresident | $225.00 |

(Added 1995, No. 65 (Adj. Sess.), § 1; amended 1997, No. 155 (Adj. Sess.), § 47, eff. Jan. 1, 1999.)

§ 4713 Tree stands; ground blinds

(a) No person shall build, erect, maintain, use, or occupy a permanent or portable tree stand or ground blind for any purpose on any private land in Vermont without landowner permission.

(b) A person building, erecting, or maintaining a tree stand or ground blind shall permanently mark the stand or blind with the owner’s name and address. Marking shall be legible and placed in a manner that enables a person to read it conveniently and easily. This subsection shall not apply to a landowner building, erecting, or maintaining a tree stand or ground blind on his or her own land.

(Added 1997, No. 99 (Adj. Sess.), § 8; amended 1999, No. 30, § 5.)

§ 4714 Importation and possession of animals for hunting

(a) A person shall not import or possess any live animal for the purpose of taking by hunting unless the Commissioner has issued the person an importation and possession permit. The Fish and Wildlife Board shall adopt rules necessary to establish, implement, and enforce the permit and permit process.

(b) An application for a permit shall be accompanied by a certificate of veterinary inspection certifying that the animal has been inspected, is not showing signs of contagious diseases, and has been inventoried, registered, and tested in accordance with rules of the Secretary of Agriculture, Food and Markets. The Commissioner of Fish and Wildlife may inspect animals being imported under an importation and possession permit and may dispose of unlawfully imported or possessed animals. The State may collect treble damages for expenses incurred in enforcing a violation of this subsection.

(Added 1999, No. 30, § 6; amended 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 12, § 5, eff. May 2, 2005.)

§ 4715 Remote-control hunting

(a) As used in this section:

(1) “Captive animal” includes an animal that has been brought into and kept in captivity for the purpose of taking it, and any increase of such animal.

(2) “Remote-control hunting” means the use of a computer, any device that uses the Internet, or any other technology to control remotely the aiming and discharge of any device such as a firearm, bow, or spear to take a wild animal or captive animal.

(b) Except as provided in subsection (e) of this section, no person shall take a wild animal or captive animal using a remote-control hunting device. This subsection shall apply to any person who is in Vermont while using a remote-control hunting device regardless of the location of the animal taken.

(c) No person shall establish or operate a remote-control hunting site in Vermont.

(d) No person shall import, export, or possess a wild animal or captive animal, or part thereof, taken by a remote-control hunting device, except that a person operating under a permit pursuant to subsection (e) of this section may possess an animal carcass, or part thereof, taken by that person using a remote-control hunting device.

(e) A person who is physically disabled to the degree that he or she cannot operate a device allowed for taking of game under Vermont law may obtain a permit to take game in Vermont with a device that is in the immediate vicinity of the permittee and that the permittee operates using remote-control technology other than the Internet. A person applying for this permit shall personally appear before the Commissioner or the Commissioner’s designee and submit certification from a licensed physician describing the person’s limitations. The Commissioner may obtain a second medical opinion to verify the disability. Upon satisfactory proof of the disability, the Commissioner may issue a permit describing the device and method the person may use to take game. The Commissioner shall require that the permittee be accompanied while hunting by a person who is licensed to hunt in Vermont unless the permittee can demonstrate that he or she is able to track injured game and to retrieve and care for a carcass. If the permit is not intended to be a permanent permit, it shall state the date on which the permit expires. The permit shall be attached to the hunting license, and the holder shall carry it at all times while hunting and produce it on demand for inspection by any fish and wildlife warden or other law enforcement officer.

(Added 2005, No. 47, § 1, eff. June 7, 2005; amended 2013, No. 96 (Adj. Sess.), § 39.)

§ 4716 Coyote-hunting competitions; prohibition

(a) As used in this section, “coyote-hunting competition” means a contest in which people compete in the capturing or taking of coyotes for a prize.

(b) A person shall not hold or conduct a coyote-hunting competition in the State.

(c) A person shall not participate in a coyote-hunting competition in the State.

(d) A person who violates this section shall be fined not more than $1,000.00 nor less than $400.00 for a first offense. Upon a second and all subsequent convictions or any conviction while under license suspension related to the requirements of part 4 of this title, a person who violates this section shall be fined not more than $4,000.00 nor less than $2,000.00.

(Added 2017, No. 170 (Adj. Sess.), § 14, eff. Jan. 1, 2019.)

Subchapter 2 Deer

§ 4741 Repealed

[Repealed]

2013, No. 116 (Adj. Sess.), § 6, eff. January 1, 2015.

§ 4742 Repealed

[Repealed]

2009, No. 11, § 1.

§ 4742a Youth deer hunting weekend

(a) The Board shall designate by rule a youth deer hunting weekend prior to opening day of the regular deer season.

(b) A person who is 15 years of age or under on the weekend of the hunt and who has successfully completed a hunter safety course may take one wild deer during youth deer hunting weekend in accordance with the rules of the Board. In order to hunt under this section, a young person shall also hold a valid hunting license under section 4255 of this title, hold a youth deer hunting tag, and be accompanied by an unarmed adult who holds a valid Vermont hunting license and who is over 18 years of age. An adult accompanying a youth under this section shall accompany not more than two young people at one time.

(c) Each year, the Board shall determine whether antlerless deer may be taken under this section in any deer management unit or units. A determination under this subsection shall be made by rule, shall be based on the game management study conducted pursuant to section 4081 of this title, and, notwithstanding subsection (g) of that section, may allow taking of antlerless deer.

(d) No person shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.

(e) Before the first youth deer hunting weekend and after each fall hunting season, the Department shall collect information on youth deer hunting weekend during the regional public hearings held pursuant to subsection 4081(f) of this title. Information relative to the public’s knowledge and concerns about the deer herd shall be gathered. The Board shall administer youth deer hunting weekend, by deer management unit, based on public input and scientific information.

(f) The scheduled amount of a fine under section 4555 of this title shall be doubled for a violation of this section, and the fine shall be assessed against the licensed adult who is accompanying the youth pursuant to subsection (b) of this section and who has the youth hunter in his or her charge.

(g) As used in this section, “accompany,” “accompanied,” or “accompanying” means direct control and supervision, including the ability to see and communicate with the youth hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses. While hunting, an individual who holds a valid hunting license under subsection 4254(b) of this title shall accompany no more than two youth hunters at a time.

(Added 2001, No. 4, § 1, eff. April 4, 2001; amended 2009, No. 11, § 2; 2009, No. 122 (Adj. Sess.), § 1; 2013, No. 116 (Adj. Sess.), § 7, eff. Jan. 1, 2015; 2019, No. 50, § 13.)

§§ 4743, 4744 Repealed

[Repealed]

2011, No. 54, § 3.

§ 4745 Taking big game out of season prohibited; time

A person shall not take big game except during the seasons provided by law under part 4 of this title or the rules of the Board, and then only between one-half hour before sunrise and one-half hour after sunset. However, this section shall not be construed to prohibit the taking of big game under section 4826 or 4827 of this title and provisions in the rules of the Board relating to wildlife doing damage.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1961, No. 161, § 4, eff. June 8, 1961; 1967, No. 4, eff. Feb. 17, 1967; 1967, No. 315 (Adj. Sess.), § 2; 1973, No. 178 (Adj. Sess.), § 5; 2015, No. 145 (Adj. Sess.), § 13.)

§ 4746 Repealed

[Repealed]

1989, No. 190 (Adj. Sess.), § 5.

§ 4747 Big game taken by illegal means

A person shall not take or possess big game by the aid of a snare, trap, salt lick, jack, or other light or use these devices to entrap or ensnare big game. A person shall not use a dog of any breed or sex at any time for the purpose of hunting any big game except black bear and wild turkey as provided in fish and wildlife rules, nor shall he or she harbor or have in his or her possession a dog for this purpose. A person other than the owner or a person designated by the owner shall not take a confined fallow deer or a confined red deer.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 234 (Adj. Sess.), § 4; 1985, No. 92, § 6; 1993, No. 236 (Adj. Sess.), § 3.)

§ 4748 Dogs pursuing deer or moose

(a) A dog that has been found to hunt or pursue deer or moose and whose owner or keeper has had notice to that effect shall not run at large unaccompanied by the owner or keeper.

(b) A State game warden, deputy warden, sheriff, deputy sheriff, constable, police officer, or State Police may kill by shooting with firearms dogs, whether licensed or unlicensed, when in such close pursuit as to endanger the life of a deer or moose or found in the act of wounding, maiming, or killing deer or moose. Provisions of this section shall be subject to limitations set forth in section 4710 of this title. A warden or other person authorized under this subsection who does not kill a dog under the provisions of this subsection shall, if possible, locate the owner or keeper of the dog and shall issue a warning that the dog was in violation of this section and each future violation shall result in the owner or keeper being fined not more than $200.00 nor less than $50.00.

(c) When a licensed dog is killed pursuant to subsection (b) of this section, the game warden, deputy game warden, sheriff, deputy sheriff, constable, police officer, or State Police shall forthwith report the same to the owner of said licensed dog.

(d) No person shall have a cause of action against any of the designated wardens, sheriff, deputy sheriff, constable, police officer, or State Police exercising the authority herein granted.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1969, No. 163 (Adj. Sess.), eff. Feb. 4, 1970; 1977, No. 132 (Adj. Sess.); 1979, No. 163 (Adj. Sess.); 1981, No. 63; 1995, No. 1, § 1.)

§ 4749 Injured deer, killing

(a) Any game warden, deputy game warden, sheriff, deputy sheriff, constable, police officer, State Police, or selectboard member may kill a deer that has been so injured that its chance for recovery is remote.

(b) The official by whom such a deer is killed shall forthwith report the same to the Commissioner or a game warden and such deer shall be disposed of as provided in section 4513 of this title.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4750 Repealed

[Repealed]

1973, No. 178 (Adj. Sess.), § 9.

§ 4751 Swimming deer

A person shall not take a deer that is swimming in any lake, pond, river, or other body of water.

(Added 1973, No. 178 (Adj. Sess.), § 8.)

§ 4752 Repealed

[Repealed]

1983, No. 118 (Adj. Sess.).

§ 4753 Repealed

[Repealed]

2011, No. 54, § 3.

Subchapter 3 Possession, Transportation, and Sale of Big Game

§ 4781 Big game; possession

A person shall not possess big game taken by unlawful means or methods or taken in a closed season in violation of any provision of part 4 of this title or rules of the Board. Unless otherwise prohibited, a person may possess lawfully taken game during the open season and for a reasonable time thereafter.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 92, § 7; 2015, No. 145 (Adj. Sess.), § 14.)

§ 4782 Possession in cold storage of big game

Any part of the carcass of big game legally taken may be possessed at any time in cans or in a cold storage locker or home freezer.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 92, § 8.)

§ 4783 Purchase and sale of big game

(a) A person shall not buy or sell big game or the meat of big game within the State except during the open season and for 20 days thereafter, provided that a person shall not sell the paws or internal organs of a black bear separate from the animal as a whole unless authorized under subsection (b) as a taxidermy product.

(b) Notwithstanding subsection (a) of this section, a person may buy or sell at any time:

(1) the head, hide, and hoofs of deer or moose legally taken; or

(2) the head or hide of a black bear, legally taken, provided that taxidermy products that include the paws shall not be prohibited.

(c) Neither anadromous Atlantic salmon taken in the Connecticut River Basin nor wild turkey shall be bought or sold at any time. The meat of big game animals shall not be bought or sold for the purpose of being transported out of the State.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 92, § 9; 2023, No. 141 (Adj. Sess.), § 21, eff. July 1, 2024.)

§ 4784 Transportation of big game

A person shall not transport big game taken by unlawful means or methods or taken in a closed season in violation of any provision of part 4 of this title or rules of the Board.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 92, § 10; 2015, No. 145 (Adj. Sess.), § 15.)

§ 4785 Repealed

[Repealed]

1991, No. 230 (Adj. Sess.), § 1(9).

§ 4786 Game suppers

(a) Notwithstanding any provision of law to the contrary, game suppers may be held at any time by a church, volunteer fire department, rod and game club, or other nonprofit organization under permit issued by a fish and wildlife warden, the Commissioner, or a designee of the Commissioner.

(b) Wild animals and fish legally taken in this State, or another state or country, may be transported and sold as part of a game supper authorized by permit. Big game provided by the Department may also be sold at such suppers. Migratory waterfowl and anadromous salmon shall not be sold.

(c) The permit for a game supper required by this section shall state the name of the organization holding the supper, and the date and place of the supper. The permit shall be applied for no later than 10 days before the date of the supper.

(Added 1989, No. 57.)

Subchapter 4 Wild Animals Doing Damage

§§ 4821-4825 Repealed

[Repealed]

1969, No. 195 (Adj. Sess.), § 5.

§ 4826 Taking deer damaging crops

(a) A person, including an authorized member of the person’s family, an authorized regular on-premises employee, or an agent who holds a Vermont hunting license and who is designated by the person, may take, on land owned or occupied by the person, up to four deer per year that the person can prove were doing damage to the following:

(1) a tree that is being grown in a plantation or being cultivated for the purpose of harvesting an annual or perennial crop or producing any marketable item; or

(2) a crop-bearing plant; or

(3) a crop, except grass.

(b) A person by whom, or under whose direction, a deer is wounded or killed, shall report in writing signed by him or her within 12 hours all the facts relative to the act to a game warden. The report shall state the time and place of the wounding or killing.

(c) A person who kills a deer shall immediately properly dress the carcass and care for the meat.

(d) The game warden shall immediately investigate the case and if satisfied that the deer was taken as provided in this section, shall give the person a certificate of the finding in the matter. The certificate shall entitle the person to the ownership of the carcass, but the person shall not sell or give away the same. However, the head and the antlers, if any, shall be turned over to a warden. In addition, any carcass not needed for home consumption in the household of the certificate-holder shall be turned over to a game warden.

(e) When a game warden finds that a deer has been wounded or killed contrary to the provisions of this section, he or she shall dispose of the deer under the direction of the Commissioner, and any monies received therefor shall be paid to the Commissioner.

(f)(1) “Person” includes all people who jointly own or lease the land.

(2) “Post” means any signage that would lead a reasonable person to believe that hunting is prohibited on the land, except for signs erected pursuant to section 4710 of this title.

(g) The Commissioner may issue a permit to a person to take more than four deer under this section if:

(1) the land owned by the person is not posted against hunting;

(2) the person can prove that the property is sustaining additional and ongoing damage; and

(3) the person has taken reasonable measures to prevent the deer from continuing to damage the crop.

(h) The Commissioner is authorized to issue an order requiring any person to remove food or bait which has the effect of luring deer into the vicinity of the property sustaining damage. In this subsection, food does not include a crop or crop-bearing plant.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1967, No. 57, § 2, eff. March 30, 1967; 1973, No. 242 (Adj. Sess.), eff. April 8, 1974; 2005, No. 24, § 1; 2011, No. 54, § 11, eff. May 31, 2011.)

§ 4827 Black bear doing damage

(a)(1) Except as provided in subdivision (2) of this subsection and in subsection 4827a(b) of this title, a person, an authorized member of the person’s family, or the person’s authorized regular on-premise employee may, after attempting reasonable nonlethal measures to protect his or her property, take on land owned or occupied by the person a bear that he or she can prove was doing damage to the following:

(A) livestock, a pet, or another domestic animal;

(B) bees or bee hives;

(C) a vehicle, building, shed, or any dwelling; or

(D) a crop or crop-bearing plant other than grass.

(2)(A) The requirements of subdivision (1) of this subsection shall not apply in exigent circumstances. As used in this subdivision, “exigent circumstances” means the need for immediate protection of a person, livestock, pet, domestic animal, or occupied dwelling.

(B) Landowners or lessees subject to bear damage in unharvested cornfields shall be exempt from having to first use nonlethal control measures prior to taking a black bear doing damage under subdivision (a)(1) of this section.

(b) A person authorized to take a bear under subsection (a) of this section may designate one individual who holds a resident Vermont hunting license as an agent to take a bear doing damage on his or her behalf. The person may not offer or accept any form of payment to or from the agent under this subsection except as allowed in subsection (e) of this section.

(c) A person who wounds or kills a bear pursuant to this section shall immediately report the wounding or killing to a game warden. Within 12 hours of the wounding or killing, the person who performed the act shall submit a written, signed report relating the date, time, place, and reason for the wounding or killing to a game warden.

(d) A person who kills a bear under this section shall immediately properly dress the carcass and care for the meat.

(e) The game warden shall immediately investigate the case and if satisfied that the bear was taken as provided in this section, the warden shall give the person who owns or occupies the land a certificate of his or her finding in the matter. The certificate shall entitle the person who owns or occupies the land to the ownership of the carcass. However, the person may not sell or give away the carcass except to offer all or a portion of it to an agent designated under subsection (b) of this section as compensation for killing the bear. Any carcass not desired for home consumption in the household of the certificate holder or designated agent shall be turned over to a game warden.

(f) [Repealed.]

(g) The Commissioner is authorized to issue an order requiring a person to contain food which has the effect of luring a bear onto property owned or occupied by the person. In this subsection, food does not include a crop, a crop bearing plant, or livestock. The order shall include specific measures which would constitute containing the food and the date by which the food shall be contained. Containing food means to prevent a bear from having access to the food. Following issuance of an order under this subsection, a person who fails to contain the food may not shoot a bear causing damage pursuant to this section. However, if the person contains the food and a bear continues to do damage pursuant to subsection (a) of this section, 30 days or more after containment, the person may take the bear pursuant to this section.

(h) A person who shoots a bear in violation of subsection (g) of this section or subsection 4827a(b) of this title may be fined up to $2,000.00. A person who does not remove bait or contain food following an order issued under subsection (g) of this section or subsection 4827a(b) may be fined up to $1,000.00.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 2003, No. 99 (Adj. Sess.), § 1, eff. April 27, 2004; 2013, No. 78, § 16.)

§ 4827a Feeding bear; prohibition

(a) A person shall not knowingly feed a bear and shall not knowingly give, place, expose, deposit, distribute, or scatter any bait, food, or other edible material in a manner intended to lure a bear to feed except:

(1) under a license or permit issued under section 4152 of this title by the Commissioner for bona fide scientific research, mitigation of wildlife damage, nuisance problems, or wildlife population reduction program;

(2) by planting, cultivating, or harvesting of crops directly associated with bona fide agricultural practices, including planted wildlife food plots; or

(3) by distribution of feed material for livestock directly associated with bona fide agricultural practices.

(b) A person who has intentionally placed bait, food, or other edible material, including placing food within a bird feeder, to lure wildlife, as that term is defined to include birds and other animals under subdivision 4001(15) of this title, onto the property within the past 30 days shall be prohibited from taking a bear doing damage under the authority set forth in section 4827 of this title. The Commissioner or his or her designee may issue an order requiring a person to remove or contain the bait, food, or edible material if the placing of bait or food results in the feeding of a bear.

(c) As used in this section, “bait, food, or other edible material” means fruit, grain, salt, grease, garbage, or other materials intended to feed or lure wildlife.

(Added 2013, No. 78, § 17.)

§ 4828 Taking of rabbit or fur-bearing animals by landowner; selectboard; certificate; penalty

(a)(1) The provisions of law or rules of the Board relating to the taking of rabbits or fur-bearing animals shall not apply to:

(A) an owner, the owner’s employee, tenant, or caretaker of property protecting the property from damage by rabbits or fur-bearing animals; or

(B) a member of the selectboard of a town protecting public highways or bridges from such damage or submersion with the permission of the owner of lands affected.

(2) A person who for compensation sets a trap for rabbits or fur-bearing animals on the property of another in defense of that property shall possess a valid trapping license.

(3) if required by rule of the Board, an owner; the owner’s employee, tenant, or caretaker; a member of the selectboard; or a person who sets a trap for compensation who desires to possess during the closed season the skins of any fur-bearing animals taken in defense of property, highways, or bridges shall notify the Commissioner or the Commissioner’s representative within 84 hours after taking the animal, and shall hold the pelts for inspection by such authorized representatives.

(b) Before disposing of pelts taken under this section, if required by rule of the Board, the property owner; the owner’s employee, tenant, or caretaker; a member of the selectboard; or a person who sets a trap for compensation shall secure from the Commissioner or a designee a certificate describing the pelts, and showing that the pelts were legally taken during a closed season and in defense of property, highways, or bridges. In the event of storage, sale, or transfer, the certificates shall accompany the pelts.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 213 (Adj. Sess.), § 2; 1995, No. 93 (Adj. Sess.), § 1, eff. March 28, 1996; 2017, No. 170 (Adj. Sess.), § 11, eff. Jan. 1, 2020.)

§ 4829 Repealed

[Repealed]

(Added 1969, No. 195 (Adj. Sess.), § 1; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1997, No. 99 (Adj. Sess.), § 10; 2011, No. 54, § 12, eff. May 31, 2011; 2013, No. 78, § 18; 2023, No. 78, § E.702, eff. July 1, 2023; 2025, No. 47, § 19, eff. July 1, 2025.)

§ 4830 Regulations

The State Fish and Wildlife Board shall adopt rules and regulations relating to application for reimbursement, examination by State fish and wildlife wardens of damage, and reimbursement therefor.

(Added 1969, No. 195 (Adj. Sess.), § 2; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984.)

§ 4831 Reimbursement

Reimbursement under this subchapter shall be made by the State Treasurer, on the voucher of the Commissioner of Fish and Wildlife, from money received by the State Treasurer under the provisions of this part.

(Added 1969, No. 195 (Adj. Sess.), § 3.)

§ 4832 Appeal

A person who is denied reimbursement under this subchapter or who is dissatisfied with the amount of the reimbursement granted may appeal to the Superior Court of the county in which he or she resides.

(Added 1969, No. 195 (Adj. Sess.), § 4; amended 1971, No. 185 (Adj. Sess.), § 25, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

§ 4833 Coyote Control Program

The Commissioner shall develop a Coyote Control Program for implementation in those areas of the State where he or she has determined that predation by coyotes is posing a threat to domesticated animals, deer, and other wildlife. In no event shall the Program use poison.

(Added 1985, No. 132 (Adj. Sess.).)

Subchapter 5 Fur-Bearing Animals

§ 4861 Fur-bearing animals; taking; possession

(a) Fur-bearing animals shall not be taken except in accordance with the provisions of this part and of rules of the Board. The fur or skins of fur- bearing animals may be possessed at any time unless otherwise provided by this part, rules of the Board, or orders of the Commissioner.

(b) On or before January 1, 2024, the Fish and Wildlife Board shall revise the rules regulating the trapping of fur-bearing animals in the State. The revised rules shall be at least as stringent as best management practices for trapping recommended by the Department of Fish and Wildlife to the General Assembly.

(c) On or before January 1, 2024 and annually thereafter, the Commissioner of Fish and Wildlife shall submit in writing to the House Committee on Environment and the Senate Committee on Natural Resources and Energy information regarding the species and number of nontarget animals killed or injured by trapping in the preceding calendar year.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 230 (Adj. Sess.), § 26; 2021, No. 159 (Adj. Sess.), § 2, eff. June 1, 2022.)

§ 4862 Repealed

[Repealed]

1979, No. 66, § 2(12).

§ 4863 Trapping tags; fees

The Commissioner may fix a fee not to exceed $1.00 that shall be paid by the trapper to the game warden for each skin required to be tagged and marked by regulations of the Board and such fees shall be transmitted to the Commissioner who shall pay the same into the State Treasury.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4864 Transporting beaver skins; confiscation

Any beaver skins that may come into this State in the raw state from any other state or country shall have the official stamp, tag, or seal of the state or country in which such skins were taken. All beaver skins not tagged and marked as provided shall be seized and confiscated in the name of the State.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4865 Repealed

[Repealed]

2009, No. 122 (Adj. Sess.), § 5.

Subchapter 6 Birds

§ 4901 Repealed

[Repealed]

1979, No. 66, § 2(13).

§ 4902 Wild birds generally; no open season; exception

(a) Wild birds, other than pigeons, shall not be taken, possessed, bought, or sold, at any time, except as provided by this part, rules of the Board, or orders of the Commissioner.

(b) Harm or death of a migratory bird listed as protected in the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 as of July 1, 2020, that results from human activity where the intent was not to harm or kill the bird, but where bird harm or death was a direct and foreseeable result of the activity, is prohibited. Nothing in this section shall require the Department to implement a new permitting program.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1963, No. 112, § 1; 1967, No. 22, § 1; 1981, No. 85, § 11, eff. May 7, 1981; 1991, No. 230 (Adj. Sess.), § 27; 2019, No. 172 (Adj. Sess.), § 2, eff. Oct. 8, 2020.)

§ 4903 Repealed

[Repealed]

1991, No. 230 (Adj. Sess.), § 1(10).

§ 4904 Use of light, snares, traps

A person shall not take a bird with the aid of a jack or other light. A person shall not take a wild bird by trapping, netting, or snaring, or possess such a bird so taken, or set, place, or use, where birds may be taken, a net, trap, or snare for taking birds. Such a net, trap, or snare is hereby declared to be a public nuisance and may be summarily abated and destroyed by any person, and game wardens shall seize and destroy such devices. The Commissioner, however, may authorize the taking of birds by nets or traps or other devices under such regulations as he or she may prescribe.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4905 Birds’ nests and eggs; destroying or robbing

A person shall not take or willfully destroy the nests or eggs of wild birds, other than rock pigeons, house sparrows, or European starlings, except when necessary to protect buildings and the nests to be removed contain no eggs or chicks and are no longer being used by birds for feeding, or when taken as provided in section 4152 of this title.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1963, No. 112, § 2; 1967, No. 22, § 2; 1981, No. 85, § 12, eff. May 7, 1981; 2025, No. 47, § 2, eff. July 1, 2025.)

§ 4906 Repealed

[Repealed]

1975, No. 39, § 4.

§ 4907 Waterfowl blinds

(a) A person shall not place a waterfowl blind or cause the same to be placed on or in the waters of the State earlier than the first Saturday of September of any year, and then only if the person’s name and address are permanently and legibly affixed thereto, by waterproof paint or rustproof tag. A person shall remove his or her waterfowl blind, together with its contents and any surrounding debris, located on or in any waters of the State except Lake Champlain on or before May 15 of the following year. A waterfowl blind located on or in Lake Champlain shall be removed on or before February 15 of the following year.

(b) For the purposes of this section, “waterfowl blind” means any manufactured place of concealment or any boat, raft, or similar structure that has been designed to partially or completely conceal a person taking ducks or geese.

(c) Subsection (a) of this section shall not apply to State-owned and -operated blinds on lands owned or controlled by the State.

(Added 1971, No. 223 (Adj. Sess.); amended 1987, No. 133 (Adj. Sess.), eff. April 4, 1988.)

§ 4908 Youth turkey hunting weekend

(a) The Saturday and Sunday prior to opening day of spring turkey season shall be youth turkey hunting weekend.

(b) A person who is age 15 or under on the weekend of the hunt, who has successfully completed a hunter safety course, may take one wild turkey during youth turkey hunting weekend in accordance with the rules of the Board. In order to hunt under this section, a young person shall also hold valid hunting and turkey licenses under section 4255 of this title, hold a youth turkey hunting tag, and be accompanied by an unarmed adult who holds a valid Vermont hunting license and is over 18 years of age. An adult accompanying a youth under this section shall accompany no more than two young people at one time.

(c) No person shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.

(d) The scheduled amount of a fine under section 4555 of this title shall be doubled for a violation of this section, and the fine shall be assessed against the licensed adult who is accompanying the youth pursuant to subsection (b) of this section and who has the youth hunter in his or her charge.

(e) For the purposes of this section, “accompany,” “accompanied,” or “accompanying” means direct control and supervision, including the ability to see and communicate with the youth hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses. While hunting, an individual who holds a valid hunting license under subsection 4254(b) of this title shall accompany no more than two youth hunters at a time.

(Added 2001, No. 4, § 2, eff. April 4, 2001; amended 2009, No. 11, § 3, eff. May 7, 2009; 2009, No. 122 (Adj. Sess.), § 2.)

§ 4909 Connecticut River zone

A person holding a New Hampshire hunting license that allows taking of migratory waterfowl may take migratory waterfowl and coots from the Connecticut River zone, as defined by the Board, provided the State of New Hampshire grants the same right to a person holding a Vermont hunting license which allows taking of migratory waterfowl in the Connecticut River.

(Added 2001, No. 79 (Adj. Sess.), § 1, eff. April 10, 2002.)

§ 4910 Enforcement discretion

For purposes of migratory bird protection in this title, the Commissioner has authority to exercise enforcement discretion, including refraining from taking any enforcement action for the incidental take of migratory birds. Enforcement, if any, shall focus on activities that have at least local population level impacts on migratory birds.

(Added 2019, No. 172 (Adj. Sess.), § 3, eff. Oct. 8, 2020.)

Subchapter 7 Retrieval and Use of Covered Wild Animals

§ 4921 Definitions

As used in this subchapter:

(1) “Covered wild animal” means an animal that is a big game animal, game quadruped, game bird, fur-bearing animal, or crow.

(2) “Process” or “processed” means the act of slaughtering or butchering a covered wild animal for its edible meat or usable parts.

(3) “Unfit for consumption or use” means a part of the covered wild animal or the covered wild animal itself is decayed, rotting, diseased, or infected.

(Added 2021, No. 110 (Adj. Sess.), § 1, eff. May 11, 2022.)

§ 4922 Retrieval of covered wild animals

A person shall not intentionally or knowingly kill a covered wild animal and intentionally or knowingly fail to make a reasonable effort to retrieve the covered wild animal and use the covered wild animal as provided under this subchapter.

(Added 2021, No. 110 (Adj. Sess.), § 1, eff. May 11, 2022.)

§ 4923 Use of covered wild animal

(a) A person who retrieves a lawfully taken covered wild animal, or a person to whom the lawfully taken covered wild animal is transferred, shall retain the animal in the person’s possession until it is processed as food; processed for its fur, hide, or feathers; or used for taxidermy. The inedible or unusable parts or portions of a covered wild animal produced from processing of the covered wild animal shall be disposed of pursuant to the requirements of this subchapter.

(b) The requirements of subsection (a) of this section shall not apply:

(1) when a covered wild animal is unfit for consumption or use; or

(2) to coyote taken by a lawful means other than trapping provided that the coyote is retrieved and disposed of pursuant to the requirements of this subchapter.

(Added 2021, No. 110 (Adj. Sess.), § 1, eff. May 11, 2022.)

§ 4924 Exceptions

The requirements of sections 4922 and 4923 of this title shall not apply:

(1) when the failure to retrieve, the failure to salvage, or the failure to retain the covered wild animal is beyond the control of the person due to:

(A) theft of the covered wild animal by another person;

(B) unavoidable loss in the field to a wild animal;

(C) lack of legal access to property where a wounded or dead covered wild animal is located, including when signage on the property would lead a reasonable person to believe that hunting is prohibited on the land; or

(D) other circumstances that prevent salvage, retrieval, or retention;

(2) in order to defend a person or property, including defense of property authorized under this part or rules adopted under this part;

(3) when the covered wild animal is sick or diseased;

(4) to a State, federal, or municipal law enforcement officer or employee when the law enforcement officer or employee is acting within the course of the officer’s or employee’s employment; or

(5) when following generally accepted hunting or trapping practices for retrieval of a covered wild animal when a practice is:

(A) set forth under this part or rules adopted under this part; or

(B) approved as a best practice by the Commissioner of Fish and Wildlife.

(Added 2021, No. 110 (Adj. Sess.), § 1, eff. May 11, 2022.)

§ 4925 Disposal

A person shall not place, leave, dump, or abandon the carcass or parts of a covered wild animal:

(1) along or upon a public right-of-way or highway;

(2) upon a private property posted in accordance with section 4710 or 5201 of this title without permission of the owner or the owner’s agent; or

(3) where prohibited by State or municipal law.

(Added 2021, No. 110 (Adj. Sess.), § 1, eff. May 11, 2022.)

Chapter 115 Hunting Dogs

§ 5001 Hunting dogs; field training

(a) While accompanying the dog, a person may train a hunting dog to hunt and pursue:

(1) bear during the period from June 1 to September 15 and then only from sunrise to sunset;

(2) rabbits and game birds during the period from June 1 to the last Saturday in September and then only from sunrise to sunset;

(3) raccoon during the period from June 1 through any time of day or night on the day before the opening day of raccoon hunting season; and

(4) bobcat and fox during the period June 1 to March 15, except during regular deer season as prescribed in section 4741 of this title.

(b) The Commissioner may permit a person to train and condition a hunting dog between the second Monday in March and June 1. The Board may adopt rules as it considers necessary to control the training and conditioning of hunting dogs.

(c) A person training a hunting dog under this section may possess a handgun while training the hunting dog, provided that the person shall not take game by any method while training the hunting dog. As used in this section, “handgun” means a pistol or revolver that will expel a projectile by the action of an explosive.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1965, No. 48, eff. May 7, 1965; 1973, No. 178 (Adj. Sess.), § 6; 1977, No. 137 (Adj. Sess.); 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1991, No. 230 (Adj. Sess.), § 28; 2013, No. 78, § 19; 2013, No. 116 (Adj. Sess.), § 15, eff. May 5, 2014.)

§ 5002 Hunting dogs; field trials; fee

The Commissioner may issue permits to organized groups to hold field trials for hunting dogs. Persons seeking a permit shall submit an application to the Commissioner as prescribed by the Commissioner and shall pay a fee of $50.00.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 157 (Adj. Sess.), § 1, eff. April 13, 1984; 1997, No. 155 (Adj. Sess.), § 48, eff. Jan. 1, 1999.)

§ 5003 Retrieving dogs; field trials

The Commissioner may issue a license to any responsible person or field trial group to hold a field trial for retrieving dogs, or bird dogs, with game birds that have been propagated or legally acquired and released on the day of the trial on premises owned or controlled by the individual or group conducting the same, and shot for such purposes during daylight hours. Such trials shall be held under the supervision of the Department of Fish and Wildlife.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984.)

§ 5004 Retriever field trials; fee

The Commissioner may issue permits which shall authorize a holder or authorized designee to take all of the birds released by the holder of the permit or designee on the day the trial is in progress. Persons seeking a permit shall submit an application to the Commissioner as prescribed by the Commissioner, and shall pay a fee of $50.00.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 157 (Adj. Sess.), § 2, eff. April 13, 1984; 1997, No. 155 (Adj. Sess.), § 49, eff. Jan. 1, 1999.)

§ 5005 Repealed

[Repealed]

1983, No. 157 (Adj. Sess.), § 5.

§ 5006 Exemption; hunting license

Any person who participates in a trial under the provisions of sections 5002-5004 of this title shall not be required to have a hunting license.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 157 (Adj. Sess.), § 3, eff. April 13, 1984.)

§ 5007 Hunting black bear with dogs

(a) No person shall pursue black bear with the aid of dogs, either for training or taking purposes, without a permit issued by the Commissioner. The number of permits issued to nonresidents in any given year shall not exceed 10 percent of the number of permits issued to residents in the preceding year. The Commissioner shall establish a process for determining which nonresidents are to receive a permit if there are more nonresident applicants than nonresident permits. A nonresident may train dogs to hunt bear only while training season is in effect in the nonresident’s home state and subject to the laws and regulations of this State.

(b) Permits will be issued to residents for a fee of $50.00.

(c) Application fees for nonresidents shall be $10.00 with a permit fee of $200.00 for successful applicants.

(Added 1989, No. 184 (Adj. Sess.); amended 1997, No. 155 (Adj. Sess.), § 50, eff. Jan. 1, 1999.)

§ 5008 Hunting coyote with aid of dogs; permit

(a) No person shall pursue coyote with the aid of dogs, either for training or taking purposes, without a permit issued by the Commissioner.

(1) The Commissioner may deny any permit at the Commissioner’s discretion. The Commissioner shall not issue more than 100 permits annually.

(2) The number of permits that the Commissioner issues to nonresidents in any given year shall not exceed 10 percent of the number of permits issued to residents in the preceding year. The Commissioner shall establish a process and standards for determining which nonresidents are to receive a permit, including who will receive a permit if there are more nonresident applicants than nonresident permits.

(3) A nonresident may train dogs to pursue coyote only while the training season is in effect in the nonresident’s home state and subject to the requirements of this part and rules adopted under this part.

(b)(1) The Commissioner shall issue permits under this section to a resident for a fee of $50.00.

(2) The application fee for a nonresident permit issued under this section shall be $10.00, and the fee for a nonresident permit issued under this section shall be $200.00 for a successful applicant.

(Added 2021, No. 165 (Adj. Sess.), § 1, eff. January 1, 2024.)

§ 5009 Pursuing coyote with aid of dogs; landowner permission

(a) A person shall not release a dog onto land posted in accordance with section 5201 of this title for the purpose of pursuing coyote with the aid of dogs unless the dog owner or handler of the hunting dog has obtained a courtesy permission card from the landowner or landowner’s agent allowing the pursuit of coyote with the aid of dogs on the land.

(b) A person shall not release onto land a dog for the purpose of pursuing coyote with the aid of dogs if in the previous 365 days a dog had been previously found on the land, and the dog owner, a handler of the dog, or a person participating in the hunt has been personally informed by law enforcement that hunting dogs are not permitted on the property.

(c)(1) For a first offense, a person who violates this section shall have committed a minor fish and wildlife violation and shall be assessed a five-point violation under subdivision 4502(b)(1) of this title.

(2) For a second or subsequent violation of this section, a person shall be assessed a 10-point violation under subdivision 4502(b)(2) of this title and shall be fined under section 4515 of this title.

(Added 2021, No. 165 (Adj. Sess.), § 1, eff. January 1, 2024.)

Chapter 117 Transportation

§ 5101 Fish and wildlife; restrictions

(a) A person shall not:

(1) Transport fish or wildlife taken by another except in the presence of the person who took that fish or wildlife.

(2) Transport fish or wildlife during the closed season for the taking of that fish or wildlife.

(3) Transport in one day more than the number or limit of fish or wildlife that may legally be taken in a day. However, a person traveling on land between a temporary abode and the person’s domicile may transport in one day the number or limit of fish and wildlife that may legally be taken in two days. While on the waters of the State, a person may, in no case, transport more than the limit of fish that may be taken in one day unless the fish is frozen, processed, and packaged for storage.

(b) Quadrupeds lawfully taken in the protection of property may be transported at any time subject to the provisions of this chapter.

(c) Deer and bear may be transported during the first 20 days following the open season therefor, subject to the provisions of this chapter.

(d) Fish that have been sold at wholesale or retail may be transported at any time by any person.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1973, No. 178 (Adj. Sess.), § 7; 1989, No. 177 (Adj. Sess.).)

§ 5102 Common carrier

A person while engaged in the business of a common carrier shall not transport as owner fish or game, or receive for transportation or transport fish or game protected by law unless accompanied by the owner thereof and tagged or marked as provided by law, except as otherwise provided.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5103 Marking for transportation

Fish, wildlife, and fur-bearing animals, or a package containing the same, if placed in the custody of a common carrier, shall have affixed thereto a tag plainly marked with the name of the consignor and consignee, the kind and number of such game and fur-bearing animals and the kind and weight of such fish, the name of the station whence the shipment is made, and its destination, except as otherwise provided.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5104 Carcass of deer; fish and game imported from without United States or raised on propagation farms

(a) The carcass of a deer taken by a resident or by a person as provided in sections 5201 and 5202 of this title, when open to view, may be transported during the time specified in section 5101 of this title by a common carrier without being tagged as provided in section 5102 of this title when accompanied by the owner thereof or, if so tagged, may be transported unaccompanied by the owner thereof.

(b) Fish and wildlife imported from without the United States, or raised on propagation farms as provided in this part, when so tagged, may be transported unaccompanied by the owner thereof in any number and quantity. Fish and wildlife for propagation purposes and the head, hide, feet, and fur of quadrupeds and the plumage and skins of game birds legally taken and possessed may be transported without being so tagged when accompanied by the owner thereof.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5105 Conditions precedent to acceptance for transportation

A person required to have a license, as provided in section 4251 of this title, who takes fish or wild animals under such a license, if he or she places such fish or wild animals in the custody of a person acting as a common carrier, shall exhibit to such person such license and thereupon such person shall permit the transportation of such fish and wild animals as follows but not otherwise: a resident combination or hunting license, of as many wild animals as the holder may lawfully take in one season; a resident combination or fishing license, of as much fish as the holder thereof may lawfully take in two days; a nonresident combination license, of as much fish and as many wild animals as the holder thereof may lawfully take in one legal day; a nonresident fishing license, of as much fish as the holder thereof may lawfully take in one legal day; a nonresident hunting license, of as many wild animals as the holder thereof may lawfully take in one legal day.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5106 Duties of carriers

(a) A person acting as a common carrier so receiving fish or wild animals for shipment shall indorse in ink on the back of the license under which same is to be shipped the name of the station from which the shipment is made, the destination, and the number of each kind of wild animal or the weight of each kind of fish. Such fish and wild animals shall have affixed thereto a tag plainly marked with the license number of the shipper thereof, and the kind and number of such game and the kind and weight of such fish.

(b) Such game and animals shall be open to view.

(c) If the license that is presented with consignment of fish or wild animals for transportation has an endorsement thereon showing that the number of such game or the weight of such fish, which may be lawfully taken by a nonresident in one legal day, or by a resident in two legal days, as the case may be, has already been shipped on such license, the person to whom the consignment is offered shall not accept it.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

Chapter 119 Private Preserves, Propagation Farms, Private Ponds, Refuges, and Shooting Grounds

§ 5201 Notices; posting

(a)(1) An owner, or a person having the exclusive right to take game upon land or the waters thereon, who desires to protect his or her land or private pond or propagation farm over which he or she has exclusive control may maintain notices stating that:

(A) the shooting, trapping, or taking of game or wild animals is prohibited or is by permission only;

(B) fishing or the taking of fish is prohibited or is by permission only;

(C) fishing, hunting, trapping, or taking of game is prohibited or is by permission only.

(2) “Permission only signs” authorized under this section shall contain the owner’s name and a method by which to contact the property owner or a person authorized to provide permission to hunt, fish, or trap on the property.

(b) Notices prohibiting the taking of game shall be erected upon or near the boundaries of lands to be affected with notices at each corner and not over 400 feet apart along the boundaries thereof. Legible signs must be maintained at all times and shall be dated each year. These signs shall be of a standard size and design as the Commissioner shall specify.

(c) The owner or person posting the lands shall record this posting annually in the town clerk’s office of the town in which the land is located. The recording form shall be furnished by the Commissioner and shall be filled out in triplicate, one copy to be retained by the town clerk, one copy to the Commissioner, and one copy to be retained by the person having the right to post the lands. The forms shall contain the information as to the approximate number of acres posted, location in town, date of posting, and signature of person so posting the lands. The town clerk shall file the record, and it shall be open to public inspection. The town clerk shall retain a fee of $5.00 for this recording.

(d) Land posted as provided in subsection (b) of this section shall be enclosed land for the purposes herein.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1967, No. 302 (Adj. Sess.), § 1, eff. March 20, 1968; 1979, No. 161 (Adj. Sess.), § 11; 2013, No. 78, § 20; 2015, No. 145 (Adj. Sess.), § 16.)

§ 5202 Private ponds, stocking

The Commissioner may, at his or her discretion, stock a private pond that allows some charitable or nonprofit organizations to use the area at no charge. In that case, the owner may prohibit the taking of fish or game by the general public under section 5201 of this title.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1989, No. 223 (Adj. Sess.), § 1; 1991, No. 14; 2015, No. 145 (Adj. Sess.), § 17.)

§ 5203 Repealed

[Repealed]

1989, No. 223 (Adj. Sess.), § 2.

§ 5204 Poaching; private preserves

(a) A person who, without the written consent of the owner or person having the exclusive right to take fish or wild animals, takes fish, game, or other animals or carries or possesses a firearm, bow and arrow, or wild animal trap in private preserve as posted under section 5201 of this title or mutilates or defaces the notice called for in subsection 5201(b) of this title shall be fined not less than $25.00 nor more than $100.00.

(b) The owner or person in control of such private preserve may recover the actual damages sustained by him or her in a civil action on this statute.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1967, No. 302 (Adj. Sess.), § 2, eff. March 20, 1968; 1969, No. 16, § 3, eff. March 11, 1969.)

§ 5205 Injuring notice

A person shall not damage or remove a notice maintained under the provisions of section 5201 of this title.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5206 Maintaining notice one year

A person shall not maintain a notice prohibiting fishing for more than one year after such waters were last stocked.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5207 Propagation farms

(a) The Commissioner may issue a license to propagate fish and wild animals and shall make and publish regulations governing such industry. The application for such a breeder’s license shall be in writing, addressed to the Commissioner, shall be signed by the applicant, and shall describe the land or waters owned or leased by such breeder to be used for such purpose and shall contain such other facts as may be required by the Commissioner. When it appears that the application is made in good faith, the Commissioner may issue such a license, which shall continue in force for one year, upon the payment of a fee of $50.00 for a new application and $10.00 for a renewal of an application. Fees collected under this section shall be deposited into the Fish and Wildlife Fund.

(b) All health testing of cultured trout shall be provided to commercial trout farms through an aquaculture inspection program conducted jointly by the Agency of Agriculture, Food and Markets and the Department of Fish and Wildlife as provided by 6 V.S.A. § 1154a and part 4 of this title.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 161 (Adj. Sess.), § 1; 1993, No. 202 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003.)

§ 5208 Repealed

[Repealed]

2015, No. 97 (Adj. Sess.), § 87(5).

§ 5209 Special penalty

A breeder selling game procured from lands other than lands covered by a license under section 5207 of this title, or who violates a provision of this part or a regulation issued under the provisions of sections 5207 and 5208 of this title, shall be fined not more than $100.00 and in addition thereto shall be punished as provided for such particular violation.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 13, § 6.)

§ 5210 Private ponds

A person owning a natural pond of not more than 20 acres or an artificial pond entirely upon his or her premises, stocked at his or her own expense with fish artificially hatched or reared, may take fish from such pond at any time for the purpose of propagation or consumption as food on his or her premises, provided that the sources of water supply for such pond are entirely upon his or her premises or that fish do not have access to such pond from waters not under his or her control or from waters stocked at the expense of the State.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5211 Poaching; propagation farms; injury; penalties

A person shall not, without permission, enter upon the premises of a propagation farm and take fish, or wild animals, or upon a pond as defined in section 5210 of this title and take fish, or foul the waters of such farm or pond with a substance injurious to the life or growth of fish or break or destroy a dam, reservoir, or embankment, or divert the water, or wilfully damage such farm or pond. Such person shall be liable to the owner of such premises for damages in a civil action on this section.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5212 Repealed

[Repealed]

1997, No. 110 (Adj. Sess.), § 3.

§ 5213 Mansfield State Forest; game refuge

(a) A person shall not hunt, trap, take, or kill wild animals on that part of the Mansfield State Forest bounded by the Smugglers’ Notch road on the east, the road to the summit of Mt. Mansfield on the south and west, the summit of Mt. Mansfield on the west, and the present boundary of the State Forest on the north.

(b) The Commissioner may include in such game refuge private lands within the bounds mentioned in subsection (a) of this section as a part of such game refuge.

(c) The boundaries of such game refuge shall be marked by a suitable sign every one-half mile at conspicuous places along the roads and by cloth notices nailed on trees every 40 rods along the northerly boundary.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5214 Vermin destruction

Permits for the control and destruction of vermin upon a game refuge may be granted by the Commissioner to such person and at such times as he or she shall deem advisable.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5215 Game refuges; how created; regulations

(a) For a specified period of years, the Commissioner may prohibit or regulate the taking of wild animals upon public lands set aside with the approval of the Governor or upon private lands set aside with the consent of the owner thereof for game refuges. At least 30 days before such a prohibition or regulation takes effect, he or she shall file a copy of the same in the office of the town clerk of the town in which such lands lie. Notices reading “State Game Refuge; hunting is unlawful” shall be placed at conspicuous places on the boundaries of refuges.

(b) Upon receipt of a fee of $50.00, the Commissioner may issue a permit to a person, organization, or group for the purpose of rehabilitating sick or injured wild animals. For the purposes of this subsection, rehabilitation means treating the sick or injured wild animal back to a sufficient state of health so that the animal may be returned to the wild. The Commissioner shall adopt rules to implement this subsection.

(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 209 (Adj. Sess.), § 2, eff. June 2, 1986; 1997, No. 155 (Adj. Sess.), § 51, eff. Jan. 1, 1999.)

§ 5216 Migratory bird reservations; consent of State; jurisdiction

Consent of the State of Vermont is given to the acquisition by the United States by purchase, gift, devise, or lease of such land or water, or of land and water in Vermont, as the United States may deem necessary for the establishment of migratory bird reservations in accordance with the act of Congress, approved February 18, 1929, entitled, “Act to more effectively meet the obligations of the United States under the migratory bird treaty with Great Britain by lessening the dangers threatening migratory game birds from drainage and other causes by the acquisition of areas of land and of water to furnish perpetuity reservations for the adequate protection of such birds; and authorizing appropriations for the establishment of such areas, their maintenance and improvement and for other purposes,” reserving, however, to the State of Vermont full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of the act of Congress.

(Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5217 Permits to operate regulated shooting ground

Upon receipt of a fee of $100.00, the Commissioner of Fish and Wildlife may issue a shooting grounds permit to operate a shooting ground upon which to propagate and release small game under regulations approved by the Commissioner and upon which to release small game when regularly propagated or purchased for shooting and other purposes.

(Added 1961, No. 251, § 1; amended 1963, No. 131, § 1; 1983, No. 245 (Adj. Sess.), § 1; 1997, No. 72 (Adj. Sess.), § 1; 1997, No. 155 (Adj. Sess.), § 52, eff. Jan. 1, 1999.)

§ 5218 Boundaries

The boundary of the licensed premises shall be posted with printed notices not more than 100 yards apart and containing such words as the Commissioner may prescribe.

(Added 1961, No. 251, § 2; amended 1985, No. 209 (Adj. Sess.), § 3, eff. June 2, 1986.)

§ 5219 Shooting regulations on regulated grounds

Such permit shall entitle the holder or holders thereof, and their guests, to kill or take, by shooting or falconry, the small game propagated or purchased and released on the premises.

(Added 1961, No. 251, § 3; amended 1983, No. 245 (Adj. Sess.), § 2; 1995, No. 104 (Adj. Sess.), § 3; 1997, No. 72 (Adj. Sess.), § 2.)

§ 5220 Small game released

All small game released on said regulated shooting grounds shall be fully able to care for themselves in a wild state.

(Added 1961, No. 251, § 4; amended 1983, No. 245 (Adj. Sess.), § 6; 1997, No. 72 (Adj. Sess.), § 3.)

§ 5221 Period of taking released animals

Such propagated or released small game may be taken without regard to sex, age, or bag limits. The period for taking small game on regulated shooting grounds shall be fixed by the Commissioner.

(Added 1961, No. 251, § 5; amended 1983, No. 245 (Adj. Sess.), § 3; 1997, No. 72 (Adj. Sess.), § 4.)

§ 5222 Other game

All species of game, other than those specified or approved by the Commissioner for propagation and release found on the premises governed by such permit, may be taken on such premises only under the general provisions of the law governing the taking and possession of the same.

(Added 1961, No. 251, § 6.)

§ 5223 Hunting license

(a) Every person hunting on such regulated shooting grounds shall:

(1) be the holder of a resident or nonresident hunter’s license for the current year; or

(2) be the holder of a one-day shooting ground license issued by the owner of the shooting ground on forms prescribed by the Commissioner of Fish and Wildlife. Such shooting ground license shall be valid only on the shooting ground where issued and only for taking the small game designated by the Commissioner in the permit for that shooting ground.

(b) The fee for a one-day regulated shooting ground license shall be $5.00. At the end of each calendar quarter, the owner of a shooting ground shall forward to the Commissioner of Fish and Wildlife all revenues from one-day license sales and such records of sales as may be required by the Commissioner.

(Added 1961, No. 251, § 7; amended 1983, No. 245 (Adj. Sess.), § 4; 1997, No. 72 (Adj. Sess.), § 5.)

§ 5224 Repealed

[Repealed]

1983, No. 245 (Adj. Sess.), § 7.

§ 5225 Purpose

The purpose of sections 5217-5225 of this title is to permit the orderly operation of regulated shooting grounds and to provide an additional option for sportsmen and sportswomen. Licensees shall furnish to the Commissioner whatever pertinent information he or she may request.

(Added 1961, No. 251, § 9; amended 1963, No. 131, § 2; 1983, No. 245 (Adj. Sess.), § 5.)

§ 5226 Bomoseen State Game Refuge

(a) A person shall not hunt, trap, take, or kill wild animals on the Bomoseen State Game Refuge.

(b) Notwithstanding the provisions of section 5215 of this title, the boundaries of the Refuge shall be conspicuously marked by paint or notices, or both, so as to give reasonable notice. The notices shall read “State Game Refuge: Hunting, Trapping, or Shooting Prohibited.”

(c) A person who enters this refuge to hunt, trap, take, or kill wild animals or carries or possesses a firearm, bow and arrow, or animal trap or who mutilates or defaces the notices marking the boundaries of the refuge shall be fined not less than $25.00 nor more than $100.00.

(d) This section shall not restrict the possession or use of firearms by a game warden or other law enforcement officer in the performance of his or her duties.

(Added 1985, No. 209 (Adj. Sess.), § 1, eff. June 2, 1986.)

§ 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.

(e)(1) In the event that the owner, operator, or user of a range is not afforded the protection set forth in subsection (b) or (c) of this section, this subsection shall apply. A nuisance claim against a range may only be brought by an owner of property abutting the range. The range shall have a rebuttable presumption that the range does not constitute any form of nuisance if the range meets the following conditions:

(A) the range was established prior to the acquisition of the property owned by the person bringing the nuisance claim; and

(B) the frequency of the shooting or other alleged nuisance activity at the range has not significantly increased since acquisition of the property owned by the person bringing the nuisance claim.

(2) The presumption that the range does not constitute a nuisance may be rebutted only by an abutting property owner showing that the activity has a noxious and significant interference with the use and enjoyment of the abutting property.

(f) Prior to use of a sport shooting range after dark for purposes of training conducted by a federal, state, county, or municipal law enforcement agency, the sport shooting range shall notify those homeowners and businesses with property abutting the range that have requested such notice from the range.

(g) If any subsection of this section is held invalid, the invalidity does not affect the other subsections of this section that can be given effect without the invalid subsection, and for this purpose, the subsections of this section are severable.

(Added 1991, No. 20; amended 2001, No. 61, § 71, eff. June 16, 2001; 2005, No. 173 (Adj. Sess.), § 1, eff. May 22, 2006.)

§ 5227a Sport shooting range alternative dispute resolution

Upon request of a homeowner or business that owns property abutting a sport shooting range, a range shall, at least once, attempt to resolve through mediation an issue or dispute that the homeowner or business has concerning operation of the range. The parties to such mediation may agree upon the use of a mediator to assist in the resolution of the agreed upon issue or dispute, and the parties shall share the cost of the mediator. If the parties to the mediation are unable to resolve the relevant issue or dispute through mediation, the parties may agree to submit the issue or dispute to binding arbitration pursuant to 12 V.S.A. chapter 192 and shall share the cost of the arbitration.

(Added 2005, No. 173 (Adj. Sess.), § 2, eff. May 22, 2006.)

§ 5228 A fee fishing business; permit

(a) The Commissioner may issue a permit to operate a fee fishing business that shall entitle the holder and the holder’s clients to take fish from the holder’s private pond. The Commissioner may issue a permit that shall continue for one year upon the payment of a fee of $50.00. The permit may be renewed annually for $50.00 per year.

(b) Fish in the private pond shall come from a propagation farm permitted under section 5207 of this title or shall have been imported under a permit obtained pursuant to section 4605 of this title. No live fish shall be taken from the fee fishing premises.

(c) Fish taken under this section may be taken without regard to creel limits.

(d) A person fishing under the permit issued under this section is not required to hold a fishing license pursuant to chapter 105 of this title. The Commissioner may, in consultation with the industry, conduct surveys to assess the impact on fishing license sales. A person holding a permit issued under this section shall respond to questions asked in a survey conducted pursuant to this subsection.

(e) The Commissioner shall adopt rules governing operation of fee fishing businesses that are necessary to ensure that operators, growers, and fishery resources of the State are protected. The rules may include mandatory testing of fish health and imposition of a prohibition on the moving or harvesting of any fish from a fee fishing business found to contain fish that carry an infectious disease.

(Added 1993, No. 63, § 1; amended 2005, No. 42, § 3.)

Chapter 121 Bounty on Noxious Animals

§§ 5301-5304 Repealed

[Repealed]

1971, No. 2, § 1.

Chapter 123 Protection of Endangered Species

§ 5401 Definitions

As used in this chapter:

(1) “Accepted silvicultural practices” means the accepted silvicultural practices defined by the Commissioner of Forests, Parks and Recreation, including the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont adopted by the Commissioner of Forests, Parks and Recreation.

(2) “Agency” means the Agency of Natural Resources.

(3) “Conserve,” “conserving,” and “conservation” mean to use and the use of all methods and procedures for maintaining or increasing:

(A) the number of individuals within a population of a species;

(B) the number of populations of a species; and

(C) populations of wildlife or wild plants to the optimum carrying capacity of the habitat.

(4) “Critical habitat” for a threatened species or endangered species means:

(A) a delineated location within the geographical area occupied by the species that:

(i) has the physical or biological features that are identifiable, concentrated, and decisive to the survival of a population of the species; and

(ii) is necessary for the conservation or recovery of the species; and

(iii) may require special management considerations or protection; or

(B) a delineated location outside the geographical area occupied by a species at the time it is listed under section 5402 of this title that:

(i)(I) was historically occupied by a species; or

(II) contains habitat that is hydrologically connected or directly adjacent to occupied habitat; and

(ii) contains habitat that is identifiable, concentrated, and decisive to the continued survival of a population of the species; and

(iii) is necessary for the conservation or recovery of the species.

(5) “Destroy or adversely impact” means, with respect to critical habitat, a direct or indirect activity that negatively affects the value of critical habitat for the survival, conservation, or recovery of a listed threatened or endangered species.

(6) “Endangered species” means a species listed as endangered under this chapter or under the federal Endangered Species Act.

(7) “Endangered Species Act” and “federal Endangered Species Act” means the Endangered Species Act of 1973, Public Law 93-205, as amended.

(8) “Farming” shall have the same meaning as used in subdivision 6001(22) of this title.

(9) “Forestry operations” means activities related to the management of forests, including a timber harvest; pruning; planting; reforestation; pest, disease, and invasive species control; wildlife habitat management; and fertilization. “Forestry operations” include the primary processing of forest products of commercial value on a parcel where the timber harvest occurs.

(10) “Habitat” means the physical and biological environment in which a particular species of plant or animal lives.

(11) “Harming,” as used in the definition of “take” or “taking” under subdivision (14) of this section, means:

(A) an act that kills or injures a threatened or endangered species; or

(B) the destruction or imperilment of habitat that kills or injures a threatened or endangered species by significantly impairing continued survival or essential behavioral patterns, including reproduction, feeding, or sheltering.

(12) “Methods” and “procedures” means all activities associated with natural resources management, including scientific research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplanting. The terms also include the periodic or continuous protection of species or populations, where appropriate, and the regulated taking of individuals of the species or population in extraordinary cases where population pressures within a habitat cannot be otherwise relieved.

(13) “Optimum carrying capacity” for a species means a population level of that species that, in that habitat, can sustainably coexist with healthy populations of all wildlife and wild plant species normally present.

(14) “Plant” means any member of the plant kingdom, including seeds, roots, and other parts thereof. As used in this chapter, plants shall include fungi.

(15) “Possession” means holding, controlling, exporting, importing, processing, selling, offering to sell, delivering, carrying, transporting, or shipping by any means a member of a species.

(16) “Secretary” means the Secretary of Natural Resources.

(17) “Species” means wildlife or wild plants and any subspecies or other group of wildlife or wild plants of the same species, the members of which may interbreed when mature.

(18) “Take” or “taking”:

(A) With respect to wildlife designated a threatened or endangered species, means:

(i) pursuing, shooting, hunting, killing, capturing, trapping, harming, snaring, or netting wildlife;

(ii) an act that creates a risk of injury to wildlife, whether or not the injury occurs, including harassing, wounding, or placing, setting, drawing, or using any net or other device used to take animals; or

(iii) attempting to engage in or assisting another to engage in an act set forth under subdivision (i) or (ii) of this subdivision (18)(A).

(B) With respect to a wild plant designated a threatened or endangered species, means uprooting, transplanting, gathering seeds or fruit, cutting, injuring, harming, or killing or any attempt to do the same or assisting another who is doing or is attempting to do the same.

(19) “Threatened species” means a species listed as a threatened species under this chapter or determined to be a “threatened species” under the federal Endangered Species Act.

(20) “Wildlife” means any member of a nondomesticated species of the animal kingdom, whether reared in captivity or not, including any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate and also including any part, product, egg, offspring, dead body, or part of the dead body of any such wildlife.

(Added 1981, No. 188 (Adj. Sess.), § 2; amended 1985, No. 192 (Adj. Sess.), § 1; 1987, No. 76, § 18; 2015, No. 145 (Adj. Sess.), § 19.)

§ 5402 Endangered and threatened species lists

(a) The Secretary shall adopt by rule a State endangered species list and a State threatened species list. The listing for any species may apply to the whole State or to any part of the State and shall identify the species by its most recently accepted genus and species names and, if available, the common name.

(b) The Secretary shall determine a species to be endangered if it normally occurs in the State and its continued existence as a sustainable component of the State’s wildlife or wild plants is in jeopardy.

(c) The Secretary shall determine a species to be threatened if:

(1) it is a sustainable component of the State’s wildlife or wild plants;

(2) it is reasonable to conclude based on available information that its numbers are declining; and

(3) unless protected, it will become an endangered species.

(d) In determining whether a species is threatened or endangered, the Secretary shall consider:

(1) the present or threatened destruction, degradation, fragmentation, modification, or curtailment of the range or habitat of the species;

(2) any killing, harming, or over-utilization of the species for commercial, sporting, scientific, educational, or other purposes;

(3) disease or predation affecting the species;

(4) the adequacy of existing regulation;

(5) actions relating to the species carried out or about to be carried out by any governmental agency or any other person who may affect the species;

(6) competition with other species, including nonnative invasive species;

(7) the decline in the population;

(8) cumulative impacts; and

(9) other natural or human-made factors affecting the continued existence of the species.

(e) In determining whether a species is threatened or endangered or whether to delist a species, the Secretary shall:

(1) use the best scientific, commercial, and other data available;

(2) at least 30 days prior to commencement of rulemaking, notify and consult with appropriate officials in Canada, appropriate State and federal agencies, other states having a common interest in the species, affected landowners, and any interested persons; and

(3) notify the appropriate officials and agencies of Quebec or any state contiguous to Vermont in which the species affected is known to occur.

(Added 1981, No. 188 (Adj. Sess.), § 2; amended 2015, No. 145 (Adj. Sess.), § 20.)

§ 5402a Critical habitat; listing

(a) Except as provided for under subsection (f) of this section, the Secretary may, after the consultation required under subsection 5408(e) of this section, adopt or amend by rule a critical habitat designation list for threatened or endangered species. Critical habitat may be designated in any part of the State. The Secretary shall not be required to designate critical habitat for every State-listed threatened or endangered species. When the Secretary designates critical habitat, the Secretary shall identify the species for which the designation is made, including its most recently accepted genus and species names and, if available, its common name.

(b) The Secretary shall designate only critical habitat that meets the definition of “critical habitat” under this chapter. In determining whether and where to designate critical habitat for a State-listed threatened or endangered species, the Secretary shall, after consultation with and consideration of recommendations of the Secretary of Agriculture, Food and Markets, the Secretary of Transportation, the Secretary of Commerce and Community Development, and the Commissioner of Forests, Parks and Recreation, consider the following:

(1) the current or historic use of the habitat by the listed species;

(2) the extent to which the habitat is decisive to the survival and recovery of the listed species at any stage of its life cycle;

(3) the space necessary for individual and population growth of the listed species;

(4) food, water, air, light, minerals, or other nutritional or physiological requirements of the listed species;

(5) cover or shelter for the listed species;

(6) sites for breeding, reproduction, rearing of offspring, germination, or seed dispersal; migration corridors; and overwintering;

(7) the present or threatened destruction, degradation, fragmentation, modification, or curtailment of the range or habitat of the listed species;

(8) the adequacy of existing regulation;

(9) actions relating to the listed species carried out or about to be carried out by any governmental agency or any other person that may affect the listed species;

(10) cumulative impacts; and

(11) natural or human-made factors affecting the continued existence of the listed species.

(c) In determining whether to designate critical habitat for a State-listed threatened or endangered species, the Secretary shall:

(1) use the best scientific, commercial, and other data available;

(2) notify and consult with appropriate officials in Canada, appropriate State and federal agencies, other states having a common interest in the species, affected landowners, any municipality where the proposed designation is located, and any interested persons at least 60 days prior to commencement of rulemaking;

(3) notify the appropriate officials and agencies of Quebec and any state contiguous to Vermont in which the species affected is known to occur; and

(4) if a critical habitat designation is proposed in a growth center, new town center, or neighborhood development area designated under 24 V.S.A. chapter 76A, notify the Secretary of Commerce and Community Development and any municipality in which the designation is proposed.

(d) Prior to initiating rulemaking under this section to designate critical habitat, the Secretary shall notify the owner of record of any land on which critical habitat is proposed for designation. The Secretary shall make all reasonable efforts to work cooperatively with affected landowners.

(e) Where appropriate, the Secretary shall include well-established mitigation practices and best management practices in the critical habitat designation rule.

(f) The Secretary shall not designate critical habitat in a designated downtown or village center, designated under 24 V.S.A. chapter 76A.

(Added 2015, No. 145 (Adj. Sess.), § 21.)

§ 5403 Protection of endangered and threatened species

(a) Except as authorized under this chapter, a person shall not:

(1) take, possess, or transport wildlife or wild plants that are members of a threatened or endangered species;

(2) destroy or adversely impact critical habitat;

(3) sell or offer for sale in intrastate commerce a threatened or endangered species;

(4) deliver, receive, carry, transport, or ship a threatened or endangered species in intrastate commerce; or

(5) import a threatened or endangered species into or export a threatened or endangered species from Vermont.

(b) Any person who takes a threatened or endangered species shall report the taking to the Secretary.

(c) The Secretary may, with advice of the Endangered Species Committee and after the consultation required under subsection 5408(e) of this section, adopt rules for the protection, conservation, or recovery of endangered and threatened species. The rules may establish application requirements for an individual permit or general permits issued under this section, including requirements that differ from the requirements of subsection 5408(h) of this title.

(d) The Secretary may bring an environmental enforcement action against any person who violates subsection (a) or (b) of this section or rules adopted under this chapter in accordance with chapters 201 and 211 of this title.

(e) Instead of bringing an environmental enforcement action for a violation of this chapter or rules adopted under this chapter, the Secretary may refer violations of this chapter to the Commissioner of Fish and Wildlife for criminal enforcement.

(f) In a criminal enforcement action, a person who knowingly violates a requirement of this chapter or a rule of the Secretary adopted under subsection (c) of this section related to taking, possessing, transporting, buying, or selling a threatened or endangered species shall be fined in accordance with section 4518 of this title, and the person shall pay restitution under section 4514 of this title.

(g) Any person who violates subsection (a) or (b) of this section by knowingly injuring a member of a threatened or endangered species or knowingly destroying or adversely impacting critical habitat and who is subject to criminal prosecution may be required by the court to pay restitution for:

(1) actual costs and related expenses incurred in treating and caring for the injured plant or animal to the person incurring these expenses, including the costs of veterinarian services and Agency of Natural Resources staff time; or

(2) reasonable mitigation and restoration costs such as species restoration plans; habitat protection; and enhancement, transplanting, cultivation, and propagation.

(Added 1981, No. 188 (Adj. Sess.), § 2; amended 1985, No. 192 (Adj. Sess.), § 2; 1987, No. 216 (Adj. Sess.); 2015, No. 61, § 8, eff. June 17, 2015; 2015, No. 145 (Adj. Sess.), § 22; 2025, No. 47, § 16, eff. July 1, 2025.)

§ 5404 Endangered Species Committee

(a) A committee on endangered species is created to be known as the Endangered Species Committee and shall consist of nine members, including the Secretary of Agriculture, Food and Markets, the Commissioner of Fish and Wildlife, the Commissioner of Forests, Parks and Recreation, and six members appointed by the Governor from the public at large. Of the six public members, two shall be actively engaged in agricultural or silvicultural activities, two shall be knowledgeable concerning flora, and two shall be knowledgeable concerning fauna. Members appointed by the Governor shall be entitled to reimbursement for expenses incurred in the attendance of meetings, as approved by the Chair. The Chair of the Committee shall be elected from among and by the members each year. Members who are not employees of the State shall serve terms of three years, except that the Governor may make appointments for a lesser term in order to prevent more than two terms from expiring in any year.

(b) The Endangered Species Committee shall advise the Secretary on all matters relating to endangered and threatened species, including whether to alter the lists of endangered and threatened species, how to protect those species, and whether and where to designate critical habitat.

(c) The Agency of Natural Resources shall provide the Endangered Species Committee with necessary staff services.

(Added 1981, No. 188 (Adj. Sess.), § 2; amended 1987, No. 76, § 18; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 145 (Adj. Sess.), § 23.)

§ 5405 Conservation programs

The Secretary, with the advice of the Endangered Species Committee, may establish conservation programs and establish recovery plans for the conservation or recovery of threatened or endangered species of wildlife or plants or for the conservation or recovery of critical habitat. The programs may include the purchase of land or aquatic habitat and the formation of contracts for the purpose of management of wildlife or wild plant refuge areas or for other purposes.

(Added 1981, No. 188 (Adj. Sess.), § 2; amended 2015, No. 145 (Adj. Sess.), § 24.)

§ 5406 Cooperation by other agencies

All agencies of this State shall review programs administered by them that may relate to this chapter and shall, in consultation with the Secretary, utilize their authorities only in a manner that does not jeopardize the threatened or endangered species, critical habitat, or the outcomes of conservation or recovery programs established by this chapter or by the Secretary under his or her authority.

(Added 1981, No. 188 (Adj. Sess.), § 2; amended 2015, No. 145 (Adj. Sess.), § 25.)

§ 5407 Authority to seize threatened or endangered species

In addition to other methods of enforcement authorized by law, the Secretary may direct under this section that wildlife or wild plants that were seized because of violation of this chapter be rehabilitated, released, replanted, or transferred to a zoological, botanical, educational, or scientific institution, and that the costs of the transfer and staff time related to a violation may be charged to the violator. The Secretary, with the advice of the Endangered Species Committee, may adopt rules for the implementation of this section.

(Added 1981, No. 188 (Adj. Sess.), § 2; amended 2015, No. 145 (Adj. Sess.), § 26.)

§ 5408 Authorized takings; incidental takings; destruction of critical habitat

(a) Authorized taking. Notwithstanding any provision of this chapter, after obtaining the advice of the Endangered Species Committee, the Secretary may permit, under such terms and conditions as the Secretary may require as necessary to carry out the purposes of this chapter, the taking of a threatened or endangered species, the destruction of or adverse impact on critical habitat, or any act otherwise prohibited by this chapter if done for any of the following purposes:

(1) scientific purposes;

(2) to enhance the propagation or survival of a threatened or endangered species;

(3) zoological exhibition;

(4) educational purposes;

(5) noncommercial cultural or ceremonial purposes; or

(6) special purposes consistent with the purposes of the federal Endangered Species Act.

(b) Incidental taking. After obtaining the advice of the Endangered Species Committee, the Secretary may permit, under such terms and conditions as necessary to carry out the purposes of this chapter, the incidental taking of a threatened or endangered species or the destruction of or adverse impact on critical habitat if:

(1) the taking is necessary to conduct an otherwise lawful activity;

(2) the taking is attendant or secondary to, and not the purpose of, the lawful activity;

(3) the impact of the permitted incidental take is minimized; and

(4) the incidental taking will not impair the conservation or recovery of any endangered species or threatened species.

(c) Transport through State. Nothing in this chapter shall prevent a person who holds a proper permit from the federal government or any other state from transporting a member of a threatened or endangered species from a point outside this State through the State.

(d) Possession. Nothing in this chapter shall prevent a person from possessing in this State wildlife or wild plants that are not determined to be “endangered” or “threatened” under the federal Endangered Species Act where the possessor is able to produce substantial evidence that the wildlife or wild plant was first taken or obtained in a place without violating the law of that place, provided that an importation permit may be required under section 4714 of this title or the rules of the Department of Fish and Wildlife.

(e) Interference with agricultural or silvicultural practices. No rule adopted under this chapter shall cause undue interference with farming, forestry operations, or accepted silvicultural practices. This section shall not be construed to exempt any person from the provisions of the requirements of this chapter. The Secretary shall not adopt rules that affect farming, forestry operations, or accepted silvicultural practices without first consulting the Secretary of Agriculture, Food and Markets and the Commissioner of Forests, Parks and Recreation.

(f) Consistency with State law. Nothing in this chapter shall be interpreted to limit or amend the definitions and applications of necessary habitat in chapter 151 of this title or in 30 V.S.A. chapter 5.

(g) Effect on federal law. Nothing in this section permits a person to violate any provision of federal law concerning federally protected threatened or endangered species.

(h) Permit application. An applicant for a permit under this section shall submit an application to the Secretary that includes the following information:

(1) a description of the activities that could lead to a taking of a listed threatened or endangered species or the destruction of or adverse impact on critical habitat;

(2) the steps that the applicant has or will take to avoid, minimize, and mitigate the impact to the relevant threatened or endangered species or critical habitat;

(3) a plan for ensuring that funding is available to conduct any required monitoring and mitigation, if applicable;

(4) a summary of the alternative actions to the taking or destruction of critical habitat that the applicant considered and the reasons that these alternatives were not selected, if applicable;

(5) the name or names and obligations and responsibilities of the person or persons that will be involved in the proposed taking or destruction of critical habitat; and

(6) any additional information that the Secretary may require.

(i) Permit fees.

(1) Fees to be charged to a person applying to take a threatened or endangered species under this section shall be:

(A) to take for scientific purposes, to enhance the propagation or survival of the species, noncommercial cultural or ceremonial purposes, or for educational purposes or special purposes consistent with the federal Endangered Species Act, $50.00;

(B) to take for a zoological or botanical exhibition, $250.00 for each listed wildlife or wild plant taken up to a maximum of $25,000.00; and

(C) for an incidental taking, $250.00 for each listed wildlife or wild plant taken up to a maximum of $25,000.00.

(2) The Secretary may require the implementation of mitigation strategies and may collect mitigation funds, in addition to the permit fees, in order to mitigate the impacts of a taking or the destruction of or adverse impact on critical habitat. Mitigation may include:

(A) a requirement to rectify the taking or adverse impact or to reduce the adverse impact over time;

(B) a requirement to manage or restore land within the area of the proposed activity or in an area outside the proposed area as habitat for the threatened or endangered species; or

(C) compensation, including payment into the Threatened and Endangered Species Fund for the uses of that Fund, provided that any payment is commensurate with the taking or adverse impact proposed.

(3) Fees and mitigation payments collected under this subsection and interest on fees and mitigation payments shall be deposited in the Threatened and Endangered Species Fund and shall be used solely for expenditures of the Department of Fish and Wildlife related to threatened and endangered species. Expenditures may be made for monitoring, restoration, conservation, recovery, and the acquisition of property interests and other purposes consistent with this chapter. Where practical, the fees collected for takings shall be devoted to the conservation or recovery of the taken species or its habitat. Interest accrued on the Fund shall be credited to the Fund.

(j) Permit term. A permit issued under this section shall be valid for the period of time specified in the permit, not to exceed five years. A permit issued under this section may be renewed upon application to the Secretary.

(k) Public notice. Except for threatened and endangered species listed by the Secretary in accordance with subsection 5410(b) of this title, prior to issuing a permit for an incidental taking and prior to the initial issuance or amendment of a general permit under this section, the Secretary shall provide for public notice of not fewer than 30 days opportunity for written comment and opportunity to request a public informational hearing. Except for threatened and endangered species listed by the Secretary in accordance with subsection 5410(b) of this title, the Secretary shall post permit applications, permit decisions, and the initial or amended general permits on the website of the Agency of Natural Resources. Except for threatened and endangered species listed by the Secretary in accordance with subsection 5410(b) of this title, the Secretary also shall provide notice to interested persons who request notice of permit applications, permit decisions, and proposed general permits or proposed amendments to general permits.

(l) General permits.

(1) The Secretary may issue general permits for activities that will not affect the continued survival or recovery of a threatened or endangered species.

(2) A general permit issued under this chapter shall contain those terms and conditions necessary to ensure compliance with the provisions of this statute.

(3) These terms and conditions may include the implementation of best management practices and the adoption of specific mitigation measures and required surveying, monitoring, and reporting.

(4) The Secretary may issue a general permit to take a threatened or endangered species or destroy or adversely impact critical habitat only if an activity or class of activities satisfies one or more of the following criteria:

(A) the taking of a threatened or endangered species or the destruction of or adverse impact on critical habitat is necessary to address an imminent risk to human health;

(B) a proposed taking of a threatened or endangered species or the destruction of or adverse impact on critical habitat would enhance the overall long-term survival of the species; or

(C) the Secretary has approved best management practices that are designed, when applied, to minimize to the greatest extent possible the taking of a threatened or endangered species or the destruction of or adverse impact on critical habitat.

(5) On or before September 1, 2017, the Secretary shall issue a general permit for vegetation management and operational and maintenance activities conducted by a utility. The general permit shall have a five-year term. A one-time application for coverage by a utility shall be made for activities authorized by the general permit, and coverage under the general permit shall be for the term of the general permit. Until the general permit has been issued, no critical habitat designation for wild plants shall be made in a utility right-of-way. As used in this subdivision (5), “utility” means an electric company, telecommunication company, pipeline operator, or railroad company.

(6) Except for threatened and endangered species listed by the Secretary in accordance with subsection 5410(b) of this title, prior to issuing an initial or amended general permit under this subsection, the Secretary shall:

(A) post a draft of the general permit on the Agency website;

(B) provide public notice of at least 30 days; and

(C) provide for written comments or a public hearing, or both.

(7) For applications for coverage under the terms of an issued general permit, the applicant shall provide notice on a form provided by the Secretary. Except for threatened and endangered species listed by the Secretary in accordance with subsection 5410(b) of this title, the Secretary shall post notice of the application on the Agency website and shall provide an opportunity for written comment, regarding whether the application complies with the terms and conditions of the general permit, for 10 days following receipt of the application.

(8) The Secretary may require any applicant for coverage under a general permit to submit additional information that the Secretary considers necessary and may refuse to approve coverage under the terms of a general permit until the information is furnished and evaluated.

(9) The Secretary may require any applicant for coverage under a general permit to seek an individual permit under this section if the applicant does not qualify for coverage.

(10) The Secretary may require a person operating under a general permit issued under this section to obtain an individual permit under this section if the person proposes to destroy or adversely impact critical habitat that was designated under section 5402a of this title after issuance of the general permit, unless existing best management practices approved under the general permit adequately protect the critical habitat or have been amended to do so prior to the critical habitat designation pursuant to section 5402a of this title.

(Added 1981, No. 188 (Adj. Sess.), § 2; amended 1985, No. 192 (Adj. Sess.), §§ 3, 4; 2003, No. 163 (Adj. Sess.), § 17; 2011, No. 128 (Adj. Sess.), § 35; 2013, No. 116 (Adj. Sess.), § 12; 2015, No. 145 (Adj. Sess.), § 27; 2025, No. 47, § 17, eff. July 1, 2025.)

§ 5409 Repealed

[Repealed]

1985, No. 192 (Adj. Sess.), § 5.

§ 5410 Location confidential

(a) The Secretary shall not disclose information regarding the specific location of threatened or endangered species sites or habitats except:

(1) to the owner of land upon which the species is located;

(2) to a potential buyer of land upon which the species is located who has a bona fide contract to buy the land and applies to the Secretary for disclosure of threatened or endangered species information;

(3) to qualified individuals or organizations, public agencies, and nonprofit organizations for scientific research or for preservation and planning purposes when the Secretary determines that the preservation of the species is not further endangered by the disclosure; or

(4) during regulatory processes with the exception of threatened or endangered species listed under subsection (b) of this section.

(b) The Secretary shall maintain a subset list of threatened and endangered species whose specific names shall not be included in regulatory planning. The subset list shall include threatened or endangered species for which the species names and locations shall not be disclosed because of the risk that the species will be significantly harmed by unauthorized take, such as illegal collection, commercial trade, human-caused mortality, or destruction of habitat. The list shall be based on the rarity of the species, known collection and commercial trade activities in Vermont and other states or countries, incidents of human-caused mortality or destruction of habitat, and other factors that present a threat to the continued existence of the species.

(c) When the Secretary issues a permit under this chapter to take a threatened or endangered species or destroy or adversely impact critical habitat and when the Secretary designates critical habitat by rule under section 5402a of this title, the Secretary shall disclose only the municipality and general location where the threatened or endangered species or designated critical habitat is located. When the Secretary designates critical habitat under section 5402a of this title, the Secretary shall notify the municipality in which the critical habitat is located and shall disclose the general location of the designated critical habitat.

(Added 1995, No. 159 (Adj. Sess.), § 3; amended 2015, No. 145 (Adj. Sess.), § 28; 2025, No. 47, § 18, eff. July 1, 2025.)

Chapter 124 Trade in Covered Animal Parts or Products

§ 5501 Definitions

As used in this chapter:

(1) “Bona fide educational or scientific institution” means an institution that establishes through documentation that it is a tax-exempt institution under the Internal Revenue Service’s educational or scientific tax exemption.

(2) “Covered animal” means any species of:

(A) Cheetah (Acinonyx jubatus);

(B) Elephant (family Elephantidae);

(C) Giraffe (Giraffa camelopardalis);

(D) Hippopotamus (family Hippopotamidae);

(E) Jaguar (Panthera onca);

(F) Leopard (Panthera pardus);

(G) Lion (Panthera leo);

(H) Mammoth (genus Mammuthus);

(I) Mastodon (genus Mammut);

(J) Pangolin (family Manidae);

(K) Endangered ray, as listed by the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

(L) Rhinoceros (family Rhinocerotidae);

(M) Sea turtle (family Chelonioidea);

(N) Endangered shark, as listed by the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

(O) Tiger (Panthera tigris);

(P) Whale (families Balaenidae, Balaenopteridae, Cetotheriidae, Eschrichtiidae, Monodontidae, Physeteridae, Kogiidae, and Ziphiidae); or

(Q) The following primates: gorillas, bonobos, orangutans, gibbons, or chimpanzees.

(3) “Commissioner” means the Commissioner of Fish and Wildlife.

(4) “Covered animal part or product” means any item that contains, or is wholly or partially made from, a covered animal, including the meat or flesh of a covered animal sold as food.

(5) “Firearm” has the same meaning as in 13 V.S.A. § 4016(a)(3).

(6) “Sale” or “sell” means any act of selling, trading, or bartering for monetary or nonmonetary consideration and includes any transfer of ownership that occurs in the course of a commercial transaction. “Sale” or “sell” shall not include a nonmonetary transfer of ownership by way of gift, donation, or bequest.

(7) “Secretary” means the Secretary of Natural Resources.

(8) “Total value” means either the fair market value or the actual price paid for a covered animal part or product, whichever is greater.

(Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)

§ 5502 Prohibition

Except as provided in this chapter, notwithstanding any other provision of law to the contrary, a person shall not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal part or product.

(Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)

§ 5503 Exceptions

(a) The prohibition on the purchase, sale, offer for sale, or possession with intent to sell set forth in section 5502 of this title shall not apply:

(1) to employees or agents of the federal or State government undertaking any law enforcement activities pursuant to federal or State law or any mandatory duties required by federal or State law;

(2) when the activity is expressly authorized by federal law;

(3) when the covered animal part or product is a fixed component of an antique that is not made wholly or partially from the covered animal part or product, provided that:

(A) the antique status is established by the owner or seller of the covered animal part or product with documentation providing evidence of the provenance of the covered animal part or product and showing the covered animal part or product to be not less than 100 years old; and

(B) the total weight of the covered animal part or product is less than 200 grams;

(4) when the covered animal part or product is a fixed component of a firearm; knife; or musical instrument, including string instruments and bows, wind and percussion instruments, and pianos, provided that the covered animal part or product was legally acquired and provided that the total weight of the covered animal part or product is less than 200 grams; or

(5) the activity is authorized under section 5504 of this title.

(b) Documentation evidencing reasonable provenance or the age of a covered animal part or product that may be purchased, sold, offered for sale, or possessed under subsection (a) of this section may include receipts of purchase, invoices, bills of sale, prior appraisals, auction catalogues, museum or art gallery exhibit catalogues, and the signed certification of an antique appraiser to the age of the covered animal part. The issuance of a false or fraudulent certification of the age of a covered animal part or product shall be subject to penalty under section 5506 of this title.

(Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)

§ 5504 Educational or scientific use

The Secretary may permit, under terms and conditions as the Secretary may require, the purchase, sale, offer for sale, or possession with intent to sell of any covered animal part or product for educational or scientific purposes by a bona fide educational or scientific institution, unless the activity is prohibited by federal law and provided that the covered animal part or product was legally acquired.

(Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)

§ 5505 Presumption of possession with intent to sell

There shall be a rebuttable presumption that a person possesses a covered animal part or product with intent to sell when the part or product is possessed by a retail or wholesale establishment or other forum engaged in the business of buying or selling similar items. This rebuttable presumption shall not preclude a court from finding intent to sell a covered animal part or product based on any other evidence that may serve to independently establish intent.

(Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)

§ 5506 Administrative penalties; referral for criminal enforcement

(a) The Secretary may assess the following administrative penalties for a violation of a provision of this chapter:

(1) For a first offense, a person shall be assessed an administrative penalty of not more than $1,000.00 nor less than $400.00.

(2) For a second offense or subsequent offense, a person shall be assessed an administrative penalty of not more than $4,000.00 nor less than $2,000.00.

(b) Instead of bringing an environmental enforcement action for a violation of this chapter or rules adopted under this chapter, the Secretary may refer a violation of this chapter to the Commissioner of Fish and Wildlife for criminal enforcement under section 4518 of this title.

(Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)

§ 5507 Seizure

A person convicted of violating a provision of this chapter shall forfeit to the Secretary the covered animal part or product that is the subject of the violation. The Secretary may:

(1) authorize that the covered animal part or product be maintained for educational or training purposes;

(2) authorize that the covered animal part or product be donated to a bona fide educational or scientific institution; or

(3) require that the covered animal part or product be destroyed.

(Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)

§ 5508 Rules

The Secretary may adopt rules necessary to implement the requirements of this chapter.

(Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)

Chapter 151 State Land Use and Development Plans

Subchapter 1 General Provisions

§ 6000 Purpose; construction

The purposes of this chapter are to protect and conserve the environment of the State and to support the achievement of the goals of the Capability and Development Plan, of 24 V.S.A. § 4302(c), and of the conservation vision and goals for the State established in section 2802 of this title, while supporting equitable access to infrastructure, including housing.

(Added 2023, No. 181 (Adj. Sess.), § 1, eff. June 17, 2024.)

§ 6001 Definitions

As used in this chapter:

(1) “Board” means the Land Use Review Board.

(2) “Capability and Development Plan” means the Plan prepared pursuant to section 6042 of this title.

(3)(A) “Development” means each of the following:

(i) The construction of improvements on a tract or tracts of land, owned or controlled by a person, involving more than 10 acres of land within a radius of five miles of any point on any involved land, for commercial or industrial purposes in a municipality that has adopted permanent zoning and subdivision bylaws.

(ii) The construction of improvements on a tract or tracts of land, owned or controlled by a person, involving more than one acre of land within a radius of five miles of any point on any involved land, for commercial or industrial purposes in a municipality that has not adopted permanent zoning and subdivision bylaws.

(iii) The construction of improvements for commercial or industrial purposes on a tract or tracts of land, owned or controlled by a person, involving more than one acre of land within a municipality that has adopted permanent zoning and subdivision bylaws, if the municipality in which the proposed project is located has elected by ordinance, adopted under 24 V.S.A. chapter 59, to have this jurisdiction apply.

(iv) The construction of housing projects such as cooperatives, condominiums, or dwellings, or construction or maintenance of mobile homes or mobile home parks, with 10 or more units, constructed or maintained on a tract or tracts of land, owned or controlled by a person, within a radius of five miles of any point on any involved land and within any continuous period of five years. However:

(I) A priority housing project shall constitute a development under this subdivision (iv) only if the number of housing units in the project is:

(aa) [Repealed.]

(bb) [Repealed.]

(cc) 75 or more, in a municipality with a population of 6,000 or more but less than 10,000.

(dd) 50 or more, in a municipality with a population of less than 6,000.

(ee) [Repealed.]

(ff) Notwithstanding subdivisions (cc) through (ee) of this subdivision (3)(A)(iv)(I), 10 or more if the construction involves the demolition of one or more buildings that are listed on or eligible to be listed on the State or National Register of Historic Places. However, demolition shall not be considered to create jurisdiction under this subdivision (ff) if the Division for Historic Preservation has determined that the proposed demolition will have no adverse effect, will have no adverse effect if specified conditions are met, or will have an adverse effect that will be adequately mitigated. Any imposed conditions shall be enforceable through a grant condition, deed covenant, or other legally binding document.

(II) The determination of jurisdiction over a priority housing project shall count only the housing units included in that discrete project.

(III) Housing units in a priority housing project shall not count toward determining jurisdiction over any other project.

(v) The construction of improvements on a tract of land involving more than 10 acres that is to be used for municipal, county, or State purposes. In computing the amount of land involved, land shall be included that is incident to the use, such as lawns, parking areas, roadways, leaching fields, and accessory buildings.

[Subdivision (3)(A)(vi) effective until December 31, 2026; see also subdivision (3)(A)(vi) effective December 31, 2026 set out below.]

(vi) The construction of improvements for commercial, industrial or residential use above the elevation of 2,500 feet.

[Subdivision (3)(A)(vi) effective December 31, 2026; see also subdivision (3)(A)(vi) effective until December 31, 2026 set out above.]

(vi) The construction of improvements for commercial, industrial, or residential use at or above the elevation of 2,500 feet.

(vii) Exploration for fissionable source materials beyond the reconnaissance phase or the extraction or processing of fissionable source material.

(viii) The drilling of an oil and gas well.

(ix) Any support structure proposed for construction that is primarily for communication or broadcast purposes and that will extend vertically 20 feet or more above the highest point of an attached existing structure, or 50 feet or more above ground level in the case of a proposed new support structure, in order to transmit or receive communication signals for commercial, industrial, municipal, county, or State purposes, independently of the acreage involved.

(I) Under this subdivision (ix):

(aa) the word “development” shall also include the construction of improvements ancillary to the support structure, including buildings, broadcast or communication equipment, foundation pads, cables, wires, antennas or hardware, and all means of ingress and egress to the support structure; and

(bb) the word “development” shall not include future improvements that are not ancillary to the support structure and do not involve an additional support structure, unless they would otherwise be considered a development under this subdivision (3).

(II) The criteria and procedures for obtaining a permit for a development under this subdivision (ix) shall be the same as for any other development;

(x) Any withdrawal of more than 340,000 gallons of groundwater per day from any well or spring on a single tract of land or at a place of business, independently of the acreage of the tract of land or place of business, if the withdrawal requires a permit under section 1418 of this title or is by a bottled water facility regulated under chapter 56 of this title.

(xi) [Repealed.]

[Subdivision (3)(A)(xii) effective July 1, 2026.]

(xii) The construction of a road or roads and any associated driveways to provide access to or within a tract of land owned or controlled by a person. For the purposes of determining jurisdiction under this subdivision, any new development or subdivision on a parcel of land that will be provided access by the road and associated driveways is land involved in the construction of the road.

(I) Jurisdiction under this subdivision shall not apply unless the length of any single road is greater than 800 feet, or the length of all roads and any associated driveways in combination is greater than 2,000 feet.

(II) As used in this subdivision (xii), “roads” include any new road or improvement to a class 4 town highway by a person other than a municipality, including roads that will be transferred to or maintained by a municipality after their construction or improvement. Routine maintenance and minor repairs of a Class 4 highway shall not constitute an “improvement.” Routine maintenance shall include replacing a culvert or ditch, applying new stone, grading, or making repairs after adverse weather. Routine maintenance shall not include changing the size of the road, changing the location or layout of the road, or adding pavement.

(III) For the purpose of determining the length of any road and associated driveways, the length of all other roads and driveways within the tract of land constructed after July 1, 2026 shall be included.

(IV) This subdivision (xii) shall not apply to:

(aa) a State or municipal road, a utility corridor of an electric transmission or distribution company, or a road used primarily for farming or forestry purposes;

(bb) development within a Tier 1A area established in accordance with section 6034 of this title or a Tier 1B area established in accordance with section 6033 of this title; and

(cc) improvements underway when this section takes effect to a Class 4 highway that will be transferred to the municipality.

(V) The conversion of a road used for farming or forestry purposes that also meets the requirements of this subdivision (xii) shall constitute development.

(VI) The intent of this subdivision (xii) is to encourage the design of clustered subdivisions and development that does not fragment Tier 2 areas or Tier 3 areas.

[Subdivision (3)(A)(xiii) effective December 31, 2026.]

(xiii) The construction of improvements for commercial, industrial, or residential purposes in a Tier 3 area as determined by rules adopted by the Board.

(B) [Repealed.]

(C) For the purposes of determining jurisdiction under subdivision (3)(A) of this section, the following shall apply:

(i)-(iii) [Repealed.]

(iv) In the case of a project undertaken by a railroad, no portion of a railroad line or railroad right-of-way that will not be physically altered as part of the project shall be included in computing the amount of land involved. In the case of a project undertaken by a person to construct a rail line or rail siding to connect to a railroad’s line or right-of-way, only the land used for the rail line or rail siding that will be physically altered as part of the project shall be included in computing the amount of land involved.

(v) Notwithstanding subdivisions (3)(A)(iv) and (19) of this section, jurisdiction shall be determined exclusively by counting affordable housing units, as defined by this section, that are subject to housing subsidy covenants as defined in 27 V.S.A. § 610 that preserve their affordability for a period of 99 years or longer, provided the affordable housing units are located in a discrete project on a single tract or multiple contiguous tracts of land, regardless of whether located within an area designated under 24 V.S.A. chapter 76A.

(D) The word “development” does not include:

(i) The construction of improvements for farming, logging, or forestry purposes below the elevation of 2,500 feet.

(ii) The construction of improvements for an electric generation, energy storage, or transmission facility that requires a certificate of public good under 30 V.S.A. § 248 or is subject to regulation under 30 V.S.A. § 8011; a natural gas facility as defined in 30 V.S.A. § 248(a)(3); or a telecommunications facility issued a certificate of public good under 30 V.S.A. § 248a.

(iii) [Repealed.]

(iv) The construction of improvements for agricultural fairs that are registered with the Agency of Agriculture, Food and Markets and that are open to the public for 60 days per year or fewer, provided that, if the improvement is a building, the building was constructed prior to January 1, 2011 and is used solely for the purposes of the agricultural fair.

(v) The construction of improvements for the exhibition or showing of equines at events that are open to the public for 60 days per year or fewer, provided that any improvements constructed do not include one or more buildings.

(vi) The construction of improvements for any one of the actions or abatements authorized in subdivision (I) of this subdivision (vi):

(I)(aa) a remedial or removal action for which the Secretary of Natural Resources has authorized disbursement under section 1283 of this title;

(bb) abating a release or threatened release, as directed by the Secretary of Natural Resources under section 6615 of this title;

(cc) a remedial or removal action directed by the Secretary of Natural Resources under section 6615 of this title;

(dd) a corrective action authorized in a corrective action plan approved by the Secretary of Natural Resources under section 6615b of this title;

(ee) a corrective action authorized in a corrective action plan approved by the Secretary of Natural Resources under chapter 159, subchapter 3 of this title;

(ff) the management of “development soils,” as that term is defined in 10 V.S.A. § 6602(39), under a plan approved by the Secretary of Natural Resources under section 6604c of this title.

(II) The exemption provided by this subdivision (3)(D)(vi) shall not apply to subsequent development.

(vii) The construction of improvements below the elevation of 2,500 feet for the on-site storage, preparation, and sale of compost, provided that one of the following applies:

(I) The compost is produced from no more than 100 cubic yards of material per year.

(II) The compost is principally produced from inputs grown or produced on the farm.

(III) The compost is principally used on the farm where it was produced.

(IV) The compost is produced on a farm primarily used for the raising, feeding, or management of livestock, only from:

(aa) manure produced on the farm; and

(bb) unlimited clean, dry, high-carbon bulking agents from any source.

(V) The compost is produced on a farm primarily used for the raising, feeding, or management of livestock, only from:

(aa) manure produced on the farm;

(bb) up to 2,000 cubic yards per year of organic inputs allowed under the Agency of Natural Resources’ acceptable management practices, including food residuals or manure from off the farm, or both; and

(cc) unlimited clean, dry, high-carbon bulking agents from any source.

(VI) The compost is produced on a farm primarily used for the cultivation or growing of food, fiber, horticultural, or orchard crops, that complies with the Agency of Natural Resources’ solid waste management rules, only from up to 5,000 cubic yards per year of total organic inputs allowed under the Agency of Natural Resources’ acceptable management practices, including up to 2,000 cubic yards per year of food residuals.

(viii)(I) The construction of a priority housing project in a municipality with a population of 10,000 or more.

(II) If the construction of a priority housing project in this subdivision (3)(D)(viii) involves demolition of one or more buildings that are listed or eligible to be listed on the State or National Register of Historic Places, this exemption shall not apply unless the Division for Historic Preservation has made the determination described in subdivision (A)(iv)(I)(ff) of this subdivision (3) and any imposed conditions are enforceable in the manner set forth in that subdivision.

(III) Notwithstanding any other provision of law to the contrary, until January 1, 2027, the construction of a priority housing project located entirely within areas of a designated downtown development district, designated neighborhood development area, or a designated growth center or within one-half mile around such designated center with permanent zoning and subdivision bylaws served by public sewer or water services or soils that are adequate for wastewater disposal. For purposes of this subdivision (III), in order for a parcel to qualify for the exemption, at least 51 percent of the parcel shall be located within one-half mile of the designated center boundary. If the one-half mile around the designated center extends into an adjacent municipality, the legislative body of the adjacent municipal may inform the Board that it does not want the exemption to extend into that area.

(E) When development is proposed to occur on a parcel or tract of land that is devoted to farming activity as defined in subdivision (22) of this section, only those portions of the parcel or the tract that support the development shall be subject to regulation under this chapter. Permits issued under this chapter shall not impose conditions on other portions of the parcel or tract of land that do not support the development and that restrict or conflict with required agricultural practices adopted by the Secretary of Agriculture, Food and Markets. Any portion of the tract that is used to produce compost ingredients for a composting facility located elsewhere on the tract shall not constitute land that supports the development unless it is also used for some other purpose that supports the development.

(4) “District Commission” means the District Environmental Commission.

(5) “Endangered species” means those species the taking of which is prohibited under rules adopted under chapter 123 of this title.

(6) “Flood hazard area” has the same meaning as under section 752 of this title.

(7) “River corridor” has the same meaning as under section 752 of this title.

(8) “Productive forest soils” means those soils that are not primary agricultural soils but that have a reasonable potential for commercial forestry and that have not been developed. In order to qualify as productive forest soils, the land containing such soils shall be of a size and location, relative to adjoining land uses, natural condition, and ownership patterns, so that those soils will be capable of supporting or contributing to a commercial forestry operation. Land use on those soils may include commercial timber harvesting and specialized forest uses, such as maple sugar or Christmas tree production.

(9) “Historic site” means any site, structure, district, or archeological landmark that has been officially included in the National Register of Historic Places or the State Register of Historic Places, or both, or that is established by testimony of the Vermont Advisory Council on Historic Preservation as being historically significant.

(10) “Land use plan” means the plan prepared pursuant to section 6043 of this title.

(11) “Lot” means any undivided interest in land, whether freehold or leasehold, including interests created by trusts, partnerships, corporations, cotenancies, and contracts.

(12) “Necessary wildlife habitat” means concentrated habitat that is identifiable and is demonstrated as being decisive to the survival of a species of wildlife at any period in its life, including breeding and migratory periods.

(13) “Plat” means a map or chart of a subdivision with surveyed lot lines and dimensions.

(14)(A) “Person”:

(i) shall mean an individual, partnership, corporation, association, unincorporated organization, trust, or other legal or commercial entity, including a joint venture or affiliated ownership;

(ii) means a municipality or State agency;

(iii) includes individuals and entities affiliated with each other for profit, consideration, or any other beneficial interest derived from the partition or division of land;

(iv) includes an individual’s parents and children, natural and adoptive, and spouse, unless the individual establishes that he or she will derive no profit or consideration, or acquire any other beneficial interest from the partition or division of land by the parent, child, or spouse.

(B) The following individuals and entities shall be presumed not to be affiliated for the purpose of profit, consideration, or other beneficial interest within the meaning of this chapter, unless there is substantial evidence of an intent to evade the purposes of this chapter:

(i) a stockholder in a corporation shall be presumed not to be affiliated with others, solely on the basis of being a stockholder, if the stockholder and the stockholder’s spouse, and natural or adoptive parents, children, and siblings own, control, or have a beneficial interest in less than five percent of the outstanding shares in the corporation;

(ii) an individual shall be presumed not to be affiliated with others, solely for actions taken as an agent of another within the normal scope of duties of a court-appointed guardian, a licensed attorney, real estate broker or salesperson, engineer, or land surveyor, unless the compensation received or beneficial interest obtained as a result of these duties indicates more than an agency relationship;

(iii) a seller or chartered lending institution shall be presumed not to be affiliated with others, solely for financing all or a portion of the purchase price at rates not substantially higher than prevailing lending rates in the community, and subsequently granting a partial release of the security when the buyer partitions or divides the land.

(15) “Primary agricultural soils” means each of the following:

(A) An important farmland soils map unit that the Natural Resources Conservation Service of the U.S. Department of Agriculture (NRCS) has identified and determined to have a rating of prime, statewide, or local importance, unless the District Commission determines that the soils within the unit have lost their agricultural potential. In determining that soils within an important farmland soils map unit have lost their agricultural potential, the Commission shall consider:

(i) impacts to the soils relevant to the agricultural potential of the soil from previously constructed improvements;

(ii) the presence on the soils of a Class I or Class II wetland under chapter 37 of this title;

(iii) the existence of topographic or physical barriers that reduce the accessibility of the rated soils so as to cause their isolation and that cannot reasonably be overcome; and

(iv) other factors relevant to the agricultural potential of the soils, on a site-specific basis, as found by the Commission after considering the recommendation, if any, of the Secretary of Agriculture, Food and Markets.

(B) Soils on the project tract that the District Commission finds to be of agricultural importance, due to their present or recent use for agricultural activities and that have not been identified by the NRCS as important farmland soil map units.

(16)(A) “Existing settlement” means an area that constitutes one of the following:

(i) a designated center; or

(ii) an existing center that is compact in form and size; that contains a mixture of uses that include a substantial residential component and that are within walking distance of each other; that has significantly higher densities than densities that occur outside the center; and that is typically served by municipal infrastructure such as water, wastewater, sidewalks, paths, transit, parking areas, and public parks or greens.

(B) Strip development outside an area described in subdivision (A)(i) or (ii) of this subdivision (16) shall not constitute an existing settlement.

(17) “Shoreline” means the land adjacent to the waters of lakes, ponds, reservoirs, and rivers. Shorelines shall include the land between the mean high water mark and the mean low water mark of such surface waters.

(18) “Stream” means a current of water that is above an elevation of 1,500 feet above sea level or that flows at any time at a rate of less than 1.5 cubic feet per second.

(19)(A) “Subdivision” means each of the following:

(i) A tract or tracts of land, owned or controlled by a person, that the person has partitioned or divided for the purpose of resale into 10 or more lots within a radius of five miles of any point on any lot, or within the jurisdictional area of the same District Commission, within any continuous period of five years. In determining the number of lots, a lot shall be counted if any portion is within five miles or within the jurisdictional area of the same District Commission.

(ii) A tract or tracts of land, owned or controlled by a person, that the person has partitioned or divided for the purpose of resale into six or more lots, within a continuous period of five years, in a municipality that does not have duly adopted permanent zoning and subdivision bylaws.

(iii) A tract or tracts of land, owned or controlled by a person, that have been partitioned or divided for the purpose of resale into five or more separate parcels of any size within a radius of five miles of any point on any such parcel, and within any period of ten years, by public auction.

(I) In this subdivision (iii), “public auction” means any auction advertised or publicized in any manner or to which more than ten persons have been invited.

(II) If sales described under this subdivision (iii) are of interests that, when sold by means other than public auction, are exempt from the provisions of this chapter under the provisions of subsection 6081(b) of this title, the fact that these interests are sold by means of a public auction shall not, in itself, create a requirement for a permit under this chapter.

(B) The word “subdivision” shall not include each of the following:

(i) a lot or lots created for the purpose of conveyance to the State or to a qualified organization, as defined under section 6301a of this title, if the land to be transferred includes and will preserve a segment of the Long Trail;

(ii) a lot or lots created for the purpose of conveyance to the State or to a “qualified holder” of “conservation rights and interest,” as defined in section 821 of this title.

(20) “Fissionable source material” means mineral ore that:

(A) is extracted or processed with the intention of permitting the product to become or to be further processed into fuel for nuclear fission reactors or weapons; or

(B) contains uranium or thorium in concentrations that might reasonably be expected to permit economically profitable conversion or processing into fuel for nuclear reactors or weapons.

(21) “Reconnaissance” means:

(A) a geologic and mineral resource appraisal of a region by searching and analyzing published literature, aerial photography, and geologic maps; or

(B) use of geophysical, geochemical, and remote sensing techniques that do not involve road building, land clearing, the use of explosives, or the introduction of chemicals to a land or water area; or

(C) surface geologic, topographic, or other mapping and property surveying; or

(D) sample collections that do not involve excavation or drilling equipment, the use of explosives, or the introduction of chemicals to the land or water area.

(22) “Farming” means:

(A) the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops; or

(B) the raising, feeding, or management of livestock, poultry, fish, or bees; or

(C) the operation of greenhouses; or

(D) the production of maple syrup; or

(E) the on-site storage, preparation, and sale of agricultural products principally produced on the farm; or

(F) the on-site storage, preparation, production, and sale of fuel or power from agricultural products or wastes principally produced on the farm; or

(G) the raising, feeding, or management of four or more equines owned or boarded by the farmer, including training, showing, and providing instruction and lessons in riding, training, and the management of equines; or

(H) the importation of 2,000 cubic yards per year or less of food residuals or food processing residuals onto a farm for the production of compost, provided that:

(i) the compost is principally used on the farm where it is produced; or

(ii) the compost is produced on a small farm that raises or manages poultry.

(23) “Adjoining property owner” means a person who owns land in fee simple, if that land:

(A) shares a property boundary with a tract of land where a proposed or actual development or subdivision is located; or

(B) is adjacent to a tract of land where a proposed or actual development or subdivision is located and the two properties are separated only by a river, stream, or public highway.

(24) “Solid waste management district” means a solid waste management district formed pursuant to 24 V.S.A. § 2202a and chapter 121, or by charter adopted by the General Assembly.

(25) “Slate quarry” means a quarry pit or hole from which slate has been extracted or removed for the purpose of commercial production of building material, roofing, tile, or other dimensional stone products. “Dimensional stone” refers to slate that is processed into regularly shaped blocks, according to specifications. The words “slate quarry” shall not include pits or holes from which slate is extracted primarily for purposes of crushed stone products, unless, as of June 1, 1970, slate had been extracted from those pits or holes primarily for those purposes.

(26) “Telecommunications facility” means a support structure that is primarily for communication or broadcast purposes and that will extend vertically 20 feet or more above the highest point of an attached existing structure, or 50 feet or more above ground level in the case of a proposed new support structure, in order to transmit or receive communication signals for commercial, industrial, municipal, county, or State purposes.

(27) “Mixed income housing” means a housing project in which the following apply:

(A) At least 20 percent of the housing units meet the requirements of affordable owner-occupied housing under subdivision (29)(A) of this section, adjusted for the number of bedrooms, as established and published annually by the Vermont Housing Finance Agency.

(B) For not less than 15 years following the date that rental housing is initially placed in service, at least 20 percent of the housing units meet the requirements of affordable rental housing under subdivision (29)(B) of this section, adjusted for the number of bedrooms, as established and published annually by the Vermont Housing Finance Agency.

(28) “Mixed use” means construction of both mixed income housing and construction of space for any combination of retail, office, services, artisan, and recreational and community facilities, provided at least 40 percent of the gross floor area of the buildings involved is mixed income housing. “Mixed use” does not include industrial use.

(29) “Affordable housing” means either of the following:

(A) Owner-occupied housing for which the total annual cost of ownership, including principal, interest, taxes, insurance, and condominium association fees, does not exceed 30 percent of the gross annual income of a household at 120 percent of the highest of the following:

(i) the county median income, as defined by the U.S. Department of Housing and Urban Development;

(ii) the standard metropolitan statistical area median income if the municipality is located in such an area, as defined by the U.S. Department of Housing and Urban Development; or

(iii) the statewide median income, as defined by the U.S. Department of Housing and Urban Development.

(B) Rental housing for which the total annual cost of renting, including rent, utilities, and condominium association fees, does not exceed 30 percent of the gross annual income of a household at 80 percent of the highest of the following:

(i) the county median income, as defined by the U.S. Department of Housing and Urban Development;

(ii) the standard metropolitan statistical area median income if the municipality is located in such an area, as defined by the U.S. Department of Housing and Urban Development; or

(iii) the statewide median income, as defined by the U.S. Department of Housing and Urban Development.

(30) “Designated center” means a downtown development district, village center, new town center, growth center, Vermont neighborhood, or neighborhood development area designated under 24 V.S.A. chapter 76A.

(31) “Farm,” for purposes of subdivisions (3)(D)(vii)(V) and (VI) of this section, means a parcel of land devoted primarily to farming, as farming is defined in subdivision (22)(A) or (B) of this section, and:

(A) from which parcel, annual gross income from farming, as defined in subdivision (22) of this section, exceeds the annual gross income from a composting operation on that parcel. For purposes of this subdivision, a federal, State, or municipal highway or road shall not be determined to divide tracts of land that are otherwise physically contiguous;

(B) for purposes of subdivision (3)(D)(vii)(V) of this section, uses no more than 10 acres or 10 percent of the parcel, whichever is smaller, for commercial compost management, not including land used for liquid nutrients management;

(C) for purposes of subdivision (3)(D)(vii)(VI) of this section, uses no more than four acres or 10 percent of the parcel, whichever is smaller, for commercial compost management, not including land used for liquid nutrients management.

(32) “Livestock” means cattle, sheep, goats, equines, fallow deer, red deer, American bison, swine, water buffalo, poultry, pheasant, chukar partridge, courtnix quail, camelids, ratites (ostriches, rheas, and emus), llamas, alpacas, yaks, rabbits, cultured trout propagated by commercial trout farmers, or other animal types designated by the Secretary of Agriculture, Food and Markets by procedure.

(33) “Compost” means a stable humus-like material produced by the controlled biological decomposition of organic matter through active management, but shall not mean sewage, septage, or materials derived from sewage or septage.

(34) “Agricultural fair” means an event or activity that is intended to promote farming by:

(A) exhibiting a variety of livestock and agricultural products;

(B) exhibiting arts, equipment, and implements related to farming; or

(C) conducting contests, displays, and demonstrations designed to advance farming, advance the local food economy, or train or educate farmers, youth, or the public regarding agriculture.

(35) “Priority housing project” means a discrete project located on a single tract or multiple contiguous tracts of land that consists exclusively of mixed income housing or mixed use, or any combination thereof, and is located entirely within a designated downtown development district, designated new town center, designated growth center, or designated neighborhood development area under 24 V.S.A. chapter 76A.

(36) “Strip development” means linear commercial development along a public highway that includes three or more of the following characteristics: broad road frontage, predominance of single-story buildings, limited reliance on shared highway access, lack of connection to any existing settlement except by highway, lack of connection to surrounding land uses except by highway, lack of coordination with surrounding land uses, and limited accessibility for pedestrians. In determining whether a proposed development or subdivision constitutes strip development, the District Commission shall consider the topographic constraints in the area in which the development or subdivision is to be located.

(37) “Industrial park” means an area of land permitted under this chapter that is planned, designed, and zoned as a location for one or more industrial buildings; that includes adequate access roads, utilities, water, sewer, and other services necessary for the uses of the industrial buildings; and includes no retail use except that which is incidental to an industrial use and no office use except that which is incidental or secondary to an industrial use.

(38) “Farm” means, for the purposes of subdivision (22)(H) of this section, a parcel or parcels of land owned, leased, or managed by a person and devoted primarily to farming that meets the threshold criteria as established under the Required Agricultural Practices.

(39) “Food processing residuals” means the remaining organic material from a food processing plant and may include whey and other dairy, cheese making, and ice cream residuals or residuals from any food manufacturing process excluding livestock or poultry slaughtering and rendering operations. “Food processing residuals” does not include food residuals from markets, groceries, or restaurants.

(40) “Food residuals” has the same meaning as in section 6602 of this title.

(41) “Principally used” means, for the purposes of subdivisions (3)(D)(vii)(III) and (22)(H) of this section, that more than 50 percent, either by volume or weight, of the compost produced on the farm is physically and permanently incorporated into the native soils on the farm as a soil enhancement and is not removed or sold at any time thereafter.

(42) “Small farm” has the same meaning as in 6 V.S.A. § 4871 and also means a small farm that is subject to the Required Agricultural Practices Rule (RAPs) and is not required to certify as a small farm under Section 4 of the RAPs, is not required to operate as a Medium Farm Operation under 6 V.S.A. § 4858, and is not required to operate as a Large Farm Operation under 6 V.S.A. § 4851.

(43) “Wood product” means logs, pulpwood, veneer wood, bolt wood, wood chips, stud wood, poles, pilings, biomass, fuel wood, maple sap, and bark.

(44) “Wood products manufacturer” means a manufacturer that aggregates wood products from forestry operations and adds value through processing or marketing in the wood products supply chain or directly to consumers through retail sales. “Wood products manufacturer” includes sawmills; veneer mills; pulp mills; pellet mills; producers of firewood, woodchips, mulch, and fuel wood; and log and pulp concentration yards. “Wood products manufacturer” does not include facilities that purchase, market, and resell finished goods, such as wood furniture, wood pellets, and milled lumber, without first receiving wood products from forestry operations.

[Subdivisions (45) through (49) effective December 31, 2026.]

(45) “Tier 2” means an area that is not a Tier 1 area or a Tier 3 area.

(46) “Tier 3” means an area consisting of critical natural resources defined by the rules of the Board. The Board’s rules shall at a minimum determine whether and how to protect river corridors, headwater streams, habitat connectors of statewide significance, riparian areas, class A waters, natural communities, and other critical natural resources.

(47) “Habitat connector” means land or water, or both, that links patches of habitat within a landscape, allowing the movement, migration, and dispersal of wildlife and plants and the functioning of ecological processes. A habitat connector may include features including recreational trails and improvements constructed for farming, logging, or forestry purposes.

(48) “Forest block” means a contiguous area of forest in any stage of succession and not currently developed for nonforest use. A forest block may include features including recreational trails, wetlands, or other natural features that do not themselves possess tree cover and improvements constructed for farming, logging, or forestry purposes.

(49) “Habitat” means the physical and biological environment in which a particular species of plant or wildlife lives.

(50) “Accessory dwelling unit” means a distinct unit that is clearly subordinate to a single-family dwelling, located on an owner-occupied lot and has facilities and provisions for independent living, including sleeping, food preparation and sanitation, provided there is compliance with all of the following:

(A) the unit does not exceed 30 percent of the habitable floor area of the single-family dwelling or 900 square feet, whichever is greater; and

(B) the unit is located within or appurtenant to a single-family dwelling, whether the dwelling is existing or new construction.

(51) “Transit route” means a set route or network of routes on which a public transit service as defined in 24 V.S.A. § 5088 operates a regular schedule.

(Added 1969, No. 250 (Adj. Sess.), § 2, eff. April 4, 1970; amended 1973, No. 85, § 8; 1979, No. 123 (Adj. Sess.), §§ 1-3, eff. April 14, 1980; 1981, No. 240 (Adj. Sess.), § 6, eff. April 28, 1982; 1983, No. 114 (Adj. Sess.), § 1; 1985, No. 64; 1987, No. 64, § 2; 1987, No. 273 (Adj. Sess.), § 2, eff. June 21, 1988; 1989, No. 154 (Adj. Sess.); 1989, No. 231 (Adj. Sess.), § 1, eff. July 1, 1991; 1989, No. 234 (Adj. Sess.), § 4; 1993, No. 200 (Adj. Sess.), § 1; 1993, No. 232 (Adj. Sess.), § 24, eff. March 15, 1995; 1995, No. 10, § 1; 1995, No. 30, § 1, eff. April 13, 1995; 1997, No. 48, § 1; 1997, No. 94 (Adj. Sess.), § 5, eff. April 15, 1998; 2001, No. 40, § 1; 2001, No. 114 (Adj. Sess.), §§ 6, 7, eff. May 28, 2002; 2003, No. 66, § 217c; 2003, No. 115 (Adj. Sess.), § 46, eff. Jan. 31, 2005; 2003, No. 121 (Adj. Sess.), §§ 75, 76, eff. June 8, 2004; 2005, No. 183 (Adj. Sess.), § 6; 2007, No. 79, § 13, eff. June 9, 2007; 2007, No. 92 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), §§ 6, 7; 2009, No. 54, § 52, eff. June 1, 2009; 2009, No. 141 (Adj. Sess.), §§ 1a-3, eff. June 1, 2010; 2011, No. 18, §§ 1, 2, eff. May 11, 2011; 2013, No. 11, § 1; 2013, No. 59, § 11; 2013, No. 147 (Adj. Sess.), § 1, eff. June 1, 2014; 2013, No. 159 (Adj. Sess.), § 16b; 2013, No. 199 (Adj. Sess.), § 37; 2015, No. 52, § 4, eff. June 5, 2015; 2015, No. 64, § 13; 2017, No. 69, § H.3, eff. June 28, 2017; 2021, No. 41, § 1, eff. May 20, 2021; 2021, No. 54, § 3; 2021, No. 174 (Adj. Sess.), § 11, eff. July 1, 2022; 2021, No. 182 (Adj. Sess.), §§ 30, 35, 38, eff. July 1, 2022; 2023, No. 47, § 16, eff. July 1, 2023; 2023, No. 181 (Adj. Sess.), § 12, § 21, eff. December 31, 2026; 2023, No. 181 (Adj. Sess.), § 19, eff. July 1, 2026; 2023, No. 181 (Adj. Sess.), §§ 23, 24, 32, eff. June 17, 2024.)

§§ 6001a-6001d Repealed

[Repealed]

2013, No. 11, § 2.

§ 6001e Commercial composting facility; circumvention

Notwithstanding subdivisions 6001(3)(D)(vii)(I)-(VI) of this title, a permit under this chapter may be required for the construction of improvements below the elevation of 2,500 feet for the onsite storage, preparation, and sale of compost if the Chair of the District Commission, based on the information available to the Chair, determines that action has been taken to circumvent the requirements of this chapter.

(Added 2009, No. 141 (Adj. Sess.), § 1b, eff. June 1, 2010.)

§ 6002 Procedures

The provisions of 3 V.S.A. chapter 25 shall apply unless otherwise specifically stated.

(Added 1969, No. 250 (Adj. Sess.), § 26, eff. April 4, 1970.)

§ 6003 Penalties

A violation of any provision of this chapter or the rules adopted under this chapter is punishable by a fine of not more than $500.00 for each day of the violation or imprisonment for not more than two years, or both. A person who completely transfers ownership and control of property that is the subject of a permit under this chapter shall not be liable for later violations of that permit by another person.

(Added 1969, No. 250 (Adj. Sess.), § 28, eff. April 4, 1970; amended 2001, No. 40, § 2; 2015, No. 97 (Adj. Sess.), § 28.)

§§ 6004-6006 Repealed

[Repealed]

1989, No. 98, § 4(b).

§ 6007 Act 250 Disclosure Statement; jurisdictional determination

(a) Prior to the division or partition of land, the seller or other person dividing or partitioning the land shall prepare an “Act 250 Disclosure Statement.” A person who is dividing or partitioning land, but is not selling it, shall file a copy of the statement with the town clerk, who shall record it in the land records. The seller who is dividing or partitioning land as part of the sale shall provide the buyer with the statement within 14 days of entering into a purchase and sale agreement for the sale or exchange of land, or at the time of transfer of title if no purchase and sales agreement was executed, and shall file a copy of the statement with the town clerk, who shall record it in the land records. Failure to provide the statement as required shall, at the buyer’s option, render the purchase and sales agreement unenforceable. If the disclosure statement establishes that the transfer is or may be subject to chapter 151 of this title, and that information had not been disclosed previously, then at the buyer’s option the contract may be rendered unenforceable. The statement shall include the following, on forms determined jointly by the Board and the Commissioner of Taxes:

(1) The name and tax identification number of the seller’s or divider’s or partitioner’s spouse, and parents and children, natural or adoptive, and whether or not any of the individuals named will derive profit or consideration, or acquire any other beneficial interest from the partition or division of the land in question. However, this information will be required only to the extent that:

(A) the individuals in question have been sellers or buyers of record with respect to the partition or division of other land within the previous five years; and

(B) that other land is located within five miles of any part of the land currently being divided or partitioned or is located within the jurisdictional area of the same District Environmental Commission.

(2) The name and tax identification number of all individuals and entities affiliated with the seller or divider or partitioner for the purpose of deriving profit or consideration, or acquiring any other beneficial interest from the partition or division of the land, as that affiliation is conditioned and limited according to the definition of “person” in subdivision 6001(14) of this title.

(3) A statement identifying any partition or division of land that has been completed:

(A) within the preceding five years;

(B) by any of the entities or individuals identified under subdivision (1) or (2) of this subsection (a) as deriving profit or consideration or acquiring any other beneficial interest from the partition or division of the land; and

(C) within five miles of any part of the land being divided or partitioned, or within the jurisdictional area of the district environmental commission in which the land is located.

(4) Notice that a permit may be required under this chapter.

(b) If, before the transfer of title, facts contained in the disclosure statement change, the seller shall provide the buyer with an amended statement in a timely manner.

(c) With respect to the partition or division of land, or with respect to an activity that might or might not constitute development, any person may submit to the district coordinator an “Act 250 Disclosure Statement” and other information required by the rules of the Board and may request a jurisdictional opinion from the district coordinator concerning the applicability of this chapter. If a requestor wishes a final determination to be rendered on the question, the district coordinator, at the expense of the requestor and in accordance with rules of the Board, shall publish notice of the issuance of the opinion in a local newspaper generally circulating in the area where the land that is the subject of the opinion is located and shall serve the opinion on all persons listed in subdivisions 6085(c)(1)(A) through (D) of this title. In addition, the requestor who is seeking a final determination shall consult with the district coordinator and obtain approval of a subdivision 6085(c)(1)(E) list of persons who shall be notified by the district coordinator because they are adjoining property owners or other persons who would be likely to be able to demonstrate a particularized interest protected by this chapter that may be affected by an act or decision by a District Commission.

(d) [Repealed.]

(Added 1987, No. 64, § 3; amended 1991, No. 111, § 3, eff. June 28, 1991; 1991, No. 111, § 7, eff. Oct. 1, 1991; 1993, No. 232 (Adj. Sess.), § 25, eff. March 15, 1995; 1999, No. 49, § 155; 2003, No. 115 (Adj. Sess.), § 47, eff. Jan. 31, 2005; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 11, § 8; 2015, No. 150 (Adj. Sess.), § 33, eff. May 31, 2016; 2021, No. 170 (Adj. Sess.), § 18, eff. July 1, 2022.)

Subchapter 2 Administration

§ 6021 Board; vacancy; removal

(a) Board established. The Land Use Review Board is created.

(1) The Board shall consist of five members appointed by the Governor after review and approval by the Land Use Review Board Nominating Committee in accordance with subdivision (2) of this subsection and confirmed with the advice and consent of the Senate, so that one appointment expires in each year. The Chair and the other four members shall be full-time positions. In making these appointments, the Governor and the Senate shall give consideration to candidates who have experience, expertise, or skills relating to one or more of the following areas: environmental science; land use law, policy, planning, and development; and community planning. All candidates shall have a commitment to environmental justice.

(A) The Governor shall appoint a chair of the Board, a position that shall be a full-time position. The Governor shall ensure Board membership reflects, to the extent possible, the racial, ethnic, gender, and geographic diversity of the State. The Board shall not contain two members who reside in the same county.

(B) Following initial appointments, the members shall be appointed for terms of five years. All terms shall begin on July 1 and expire on June 30. A member may continue serving until a successor is appointed. The initial appointments shall be for staggered terms of one year, two years, three years, four years, and five years.

(2)(A) The Land Use Review Board Nominating Committee shall advertise the position when a vacancy will occur on the Land Use Review Board.

(B) The Nominating Committee shall review the applicants to determine which are well qualified for appointment to the Board and shall recommend those candidates to the Governor. The names of candidates shall be confidential.

(C) The Governor shall appoint, with the advice and consent of the Senate, a chair and four members of the Board from the list of well-qualified candidates sent to the Governor by the Committee.

(b) Terms; vacancy; succession. The term of each appointment subsequent to the initial appointments described in subsection (a) of this section shall be five years. Any appointment to fill a vacancy shall be for the unexpired portion of the term vacated. A member may seek reappointment by informing the Governor. If the Governor decides not to reappoint the member, the Nominating Committee shall advertise the vacancy.

(c) Removal. Notwithstanding the provisions of 3 V.S.A. § 2004, members shall only be removable for cause by the remaining members of the Board. The Board shall adopt rules pursuant to 3 V.S.A. chapter 25 to define the basis and process for removal.

(d) Disqualified members. The Chair of the Board, upon request of the Chair of a District Commission, may appoint and assign former Commission members to sit on specific Commission cases when some or all of the regular members and alternates of the District Commission are disqualified or otherwise unable to serve. If necessary to achieve a quorum, the Chair of the Board may appoint a member of a District Commission who has not worked on the case to sit on a specific case before the Board.

(e) Retirement from office. When a Board member who hears all or a substantial part of a case retires from office before the case is completed, the member may remain a member of the Board, at the member’s discretion, for the purpose of concluding and deciding that case and signing the findings and judgments involved. A retiring chair shall also remain a member for the purpose of certifying questions of law if a party appeals to the Supreme Court. For the service, the member shall receive a reasonable compensation to be fixed by the remaining members of the Board and necessary expenses while on official business.

(Added 1969, No. 250 (Adj. Sess.), § 3, eff. April 4, 1970; amended 1989, No. 234 (Adj. Sess.), § 2; 1991. No. 111, § 1, eff. June 28, 1991; 1993, No. 82, § 1; 1993, No. 232 (Adj. Sess.), § 26, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 48, eff. Jan. 31, 2005; 2013, No. 11, § 9; 2023, No. 181 (Adj. Sess.), § 2, eff. June 17, 2024.)

§ 6022 Personnel

(a) Regular personnel. The Board may appoint legal counsel, scientists, engineers, experts, investigators, temporary employees, and administrative personnel as it finds necessary in carrying out its duties in providing personnel to assist the District Commissions and in investigating matters within its jurisdiction.

(b) Executive Director. The Board shall appoint an Executive Director. The Director shall be a full-time State employee, shall be exempt from the State classified system, and shall serve at the pleasure of the Board. The Director shall be responsible for:

(1) supervising and administering the operation and implementation of this chapter and the rules adopted by the Board as directed by the Board;

(2) assisting the Board in its duties and administering the requirements of this chapter; and

(3) employing any staff as may be required to carry out the functions of the Board.

(Added 1969, No. 250 (Adj. Sess.), § 4, eff. April 4, 1970; amended 1993, No. 82, § 2; 2023, No. 181 (Adj. Sess.), § 6, eff. June 17, 2024.)

§ 6023 Grants

The Board may apply for and receive grants from the federal government and from other sources.

(Added 1969, No. 250 (Adj. Sess.), § 4, eff. April 4, 1970.)

§ 6024 Intragovernmental cooperation

Other departments and agencies of State government shall cooperate with the Board and make available to it data, facilities, and personnel as may be needed to assist the Board in carrying out its duties and functions. There shall be established a regular schedule of project review that shall assure that all affected departments and agencies recognize and pursue their respective responsibilities. State employees whose job is to assist applicants in the permitting process established under this chapter shall endeavor to assist all applicants regardless of the size and value of the projects involved.

(Added 1969, No. 250 (Adj. Sess.), § 4, eff. April 4, 1970; amended 2001, No. 40, § 3.)

§ 6025 Rules

(a) The Board may adopt rules of procedure for itself and the District Commissions. The Board’s procedure for approving regional plans and regional plan maps, which may be adopted as rules or issued as guidance, shall ensure that the maps are consistent with legislative intent as expressed in section 2802 of this title and 24 V.S.A. §§ 4302 and 4348a.

(b) The Board may adopt substantive rules, in accordance with the provisions of 3 V.S.A. chapter 25, that interpret and carry out the provisions of this chapter. These rules shall include provisions that establish criteria under which applications for permits under this chapter may be classified in terms of complexity and significance of impact under the standards of subsection 6086(a) of this chapter. In accordance with that classification, the rules may:

(1) provide for simplified or less stringent procedures than are otherwise required under sections 6083, 6084, and 6085 of this chapter;

(2) provide for the filing of notices instead of applications for the permits that would otherwise be required under section 6081 of this chapter; and

(3) provide a procedure by which a District Commission may authorize a district coordinator to issue a permit that the District Commission has determined under Land Use Review Board rules is a minor application with no undue adverse impact.

(c)(1) This subsection shall apply to lots within a subdivision:

(A) that were created as part of a subdivision owned or controlled by a person who may have been required to obtain a permit under this chapter; and

(B) with respect to which a determination has been made that a permit was needed under this chapter; and

(C) that were sold to a purchaser prior to January 1, 1991 without a required permit.

(2) The rules shall provide for a modified process by which the sole purchaser, or the group of purchasers, of one or more lots to which this subsection applies may apply for and obtain a permit under this chapter that shall be issued in light of the existing improvements, facts, and circumstances that pertain to the lots; provided, however, that the requirements of this chapter shall be modified only to the extent needed to issue those permits. For purposes of these rules, a purchaser eligible for relief under this subsection must not have been involved in creating the lots; must not be a person who owned or controlled the land when it was divided or partitioned, as a person is defined in this chapter; and must not have known at the time of purchase that the transfer was subject to a permit requirement that had not been met.

(3) [Repealed.]

(d), (e) [Repealed.]

(Added 1969, No. 250 (Adj. Sess.), § 25, eff. April 4, 1970; amended 1973, No. 85, § 2; 1979, No. 123 (Adj. Sess.), § 4, eff. April 14, 1980; 1985, No. 52, § 3, eff. May 15, 1985; 1987, No. 186 (Adj. Sess.), eff. May 5, 1988; 1991, No. 111, § 5, eff. June 28, 1991; 2003, No. 115 (Adj. Sess.), § 49, eff. Jan. 31, 2005; 2009, No. 31, § 7; 2011, No. 138 (Adj. Sess.), § 24, eff. May 14, 2012; 2013, No. 11, §§ 10, 25; 2023, No. 181 (Adj. Sess.), § 4, eff. June 17, 2024.)

§ 6026 District Commissioners

(a) For the purposes of the administration of this chapter, the State is divided into nine districts.

(1) District No. 1, comprising administrative district 1 as provided in 3 V.S.A. § 4001.

(2) District No. 2, comprising administrative district 2 as provided in 3 V.S.A. § 4001.

(3) District No. 3, comprising administrative district 3 as provided in 3 V.S.A. § 4001.

(4) District No. 4, comprising administrative district 4 as provided in 3 V.S.A. § 4001, excluding the towns of Addison, Bridport, Bristol, Cornwall, Ferrisburgh, Goshen, Leicester, Lincoln, Middlebury, Monkton, New Haven, Orwell, Panton, Ripton, Salisbury, Shoreham, Starksboro, Vergennes, Waltham, Weybridge, and Whiting.

(5) District No. 5, comprising administrative district 5 as provided in 3 V.S.A. § 4001.

(6) District No. 6, comprising administrative district 6 as provided in 3 V.S.A. § 4001.

(7) District No. 7, comprising administrative district 7 as provided in 3 V.S.A. § 4001.

(8) District No. 8, comprising administrative district 8 as provided in 3 V.S.A. § 4001.

(9) District No. 9, comprising the towns of Addison, Bridport, Bristol, Cornwall, Ferrisburg, Goshen, Leicester, Lincoln, Middlebury, Monkton, New Haven, Orwell, Panton, Ripton, Salisbury, Shoreham, Starksboro, Vergennes, Waltham, Weybridge, and Whiting.

(b) A District Environmental Commission is created for each district. Each District Commission shall consist of three members from that district appointed in the month of February by the Governor so that two appointments expire in each odd-numbered year. Two of the members shall be appointed for a term of four years, and the Chair (third member) of each District shall be appointed for a two-year term. In any district, the Governor may appoint not more than four alternate members from that district whose terms shall not exceed two years, who may hear any case when a regular member is disqualified or otherwise unable to serve.

(c) Members shall be removable for cause only, except the Chair who shall serve at the pleasure of the Governor.

(d) Any vacancy shall be filled by the Governor for the unexpired period of the term.

(Added 1969, No. 250 (Adj. Sess.), § 5, eff. April 4, 1970; amended 1971, No. 74, § 1; 1973, No. 54; 1985, No. 107 (Adj. Sess.), eff. March 14, 1986; 1993, No. 232 (Adj. Sess.), § 27, eff. March 15, 1995.)

§ 6027 Powers

(a) The Board and District Commissions shall have supervisory authority in environmental matters respecting projects within their jurisdiction and shall apply their independent judgment in determining facts and interpreting law. Each shall have the power, with respect to any matter within its jurisdiction, to:

(1) administer oaths, take depositions, subpoena and compel the attendance of witnesses, and require the production of evidence;

(2) allow parties to enter upon lands of other parties for the purposes of inspecting and investigating conditions related to the matter before the Board or Commission;

(3) enter upon lands for the purpose of conducting inspections, investigations, examinations, tests, and site evaluations as it deems necessary to verify information presented in any matter within its jurisdiction; and

(4) apply for and receive grants from the federal government and from other sources.

(b) The powers granted under this chapter are additional to any other powers that may be granted by other legislation.

(c) The Board may designate or establish regional offices as it deems necessary to implement the provisions of this chapter and the rules adopted. The Board may designate or require a regional planning commission to receive applications, provide administrative assistance, perform investigations, and make recommendations.

(d) At the request of a District Commission, if the Board Chair determines that the workload in the requesting district is likely to result in unreasonable delays or that the requesting District Commission is disqualified to hear a case, the Chair may authorize the District Commission of another district to sit in the requesting district to consider one or more applications.

(e) The Board may by rule allow joint hearings to be conducted with specified State agencies or specified municipalities.

(f) The Board may publish online or contract to publish annotations and indices of the decisions of the Environmental Division and the text of those decisions. The published product shall be available at a reasonable rate to the general public and at a reduced rate to libraries and governmental bodies within the State.

(g) The Board shall manage the process by which land use permits are issued under section 6086 of this title, may initiate enforcement on related matters under the provisions of chapters 201 and 211 of this title, and may petition the Environmental Division for revocation of land use permits issued under this chapter. Grounds for revocation are:

(1) noncompliance with this chapter, rules adopted under this chapter, or an order that is issued that relates to this chapter;

(2) noncompliance with any permit or permit condition;

(3) failure to disclose all relevant and material facts in the application or during the permitting process;

(4) misrepresentation of any relevant and material fact at any time;

(5) failure to pay a penalty or other sums owed pursuant to, or other failure to comply with, court order, stipulation agreement, schedule of compliance, or other order issued under Vermont statutes and related to the permit; or

(6) failure to provide certification of construction costs, as required under subsection 6083a(a) of this title, or failure to pay supplemental fees as required under that section.

(h) The Board may hear appeals of fee refund requests under section 6083a of this title.

(i) The Chair, subject to the direction of the Board, shall have general charge of the offices and employees of the Board and the offices and employees of the District Commissions.

(j) The Board may participate as a party in all matters before the Environmental Division that relate to land use permits issued under this chapter.

(k) The Board shall review applications for Tier 1A areas and approve or disapprove based on whether the application demonstrates compliance with the requirements of section 6034 of this title. The Board shall produce guidelines for municipalities seeking to obtain the Tier 1A area status.

(l) A District Commission may reject an application under this chapter that misrepresents any material fact and may after notice and opportunity for hearing award reasonable attorney’s fees and costs to any party or person who may have become a party but for the false or misleading information or who has incurred attorney’s fees or costs in connection with the application.

(m) After notice and opportunity for hearing, a District Commission may withhold a permit or suspend the processing of a permit application for failure of the applicant to pay costs assessed under 3 V.S.A. § 2809 related to the participation of the Agency of Natural Resources in the review of the permit or permit application.

(n) The Board shall review for compliance regional plans and the future land use maps, including proposed Tier 1B areas, developed by the regional planning commissions pursuant to 24 V.S.A. § 4348a.

(Added 1969, No. 250 (Adj. Sess.), § 25, eff. April 4, 1970; amended 1973, No. 85, § 3; 1979, No. 123 (Adj. Sess.), § 8, eff. April 14, 1980; 1991, No. 111, § 6 eff. June 28, 1991; 1993, No. 232 (Adj. Sess.), § 28, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 50, eff. Jan. 31, 2005; 2009, No. 54, § 46, eff. June 1, 2009; 2009, No. 146 (Adj. Sess.), § F20; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 11, §§ 15, 25; 2023, No. 181 (Adj. Sess.), § 5, eff. June 17, 2024.)

§ 6028 Compensation

Members of the Board and District Commissions shall receive per diem pay and all necessary and actual expenses in accordance with 32 V.S.A. § 1010.

(Added 1969, No. 250 (Adj. Sess.), § 31, eff. April 4, 1970; amended 1993, No. 82, § 3.)

§ 6029 Act 250 Permit Fund

There is hereby established a special fund to be known as the Act 250 Permit Fund for the purposes of implementing the provisions of this chapter. Revenues to the fund shall be those fees collected in accordance with section 6083a of this title, gifts, appropriations, and copying and distribution fees. The Board shall be responsible for the Fund and shall account for revenues and expenditures of the Board. At the Commissioner’s discretion, the Commissioner of Finance and Management may anticipate amounts to be collected and may issue warrants based thereon for the purposes of this section. Disbursements from the Fund shall be made through the annual appropriations process to the Board and to the Agency of Natural Resources to support those programs within the Agency that directly or indirectly assist in the review of Act 250 applications. This Fund shall be administered as provided in 32 V.S.A. chapter 7, subchapter 5.

(Added 1989, No. 279 (Adj. Sess.), § 2, eff. June 30, 1990; amended 1993, No. 70, § 1; 1997, No. 59, § 41, eff. June 30, 1997; 2003, No. 115 (Adj. Sess.), § 51; 2003, No. 163 (Adj. Sess.), § 25.)

§ 6030 Map of wireless telecommunications facilities

The Board shall maintain a map that shows the location of all wireless telecommunications facilities in the State.

(Added 1997, No. 94 (Adj. Sess.), § 1, eff. April 15, 1998.)

§ 6031 Ethical standards

(a) The Chair and members of the Board and the Chair and members of each District Commission shall comply with the following ethical standards:

(1) The provisions of 12 V.S.A. § 61 (disqualification for interest).

(2) The Chair and each member shall conduct the affairs of his or her office in such a manner as to instill public trust and confidence and shall take all reasonable steps to avoid any action or circumstance that might result in any one of the following:

(A) undermining his or her independence or impartiality of action;

(B) taking official action on the basis of unfair considerations;

(C) giving preferential treatment to any private interest on the basis of unfair considerations;

(D) giving preferential treatment to any family member or member of his or her household;

(E) using his or her office for the advancement of personal interest or to secure special privileges or exemptions;

(F) adversely affecting the confidence of the public in the integrity of the District Commission.

(b) As soon as practicable after grounds become known, a party may move to disqualify a Board member or District Commissioner from a particular matter before the Board or District Commission.

(1) The motion shall contain a clear statement of the specific grounds for disqualification and when such grounds were first known.

(2) On receipt of the motion, a District Commissioner who is the subject of the motion shall disqualify himself or herself or shall refer the motion to the Chair of the Board.

(A) The Chair of the Board may disqualify the District Commissioner from the matter before the District Commission if, on review of the motion, the Chair determines that such disqualification is necessary to ensure compliance with subsection (a) (ethical standards) of this section.

(B) On disqualification of a District Commissioner under this subsection (b), the Chair of the Board shall assign another District Commissioner to take the place of the disqualified Commissioner. The Chair shall consider making such an assignment from among the members of the same District Commission before assigning a member of another District Commission.

(3) On receipt of the motion, a Board member who is the subject of the motion shall disqualify himself or herself or shall refer the motion to the full Board. The Board may disqualify a member from the matter before the Board if, on review of the motion, the Board determines that such disqualification is necessary to ensure compliance with subsection (a) (ethical standards) of this section. The Board member who is the subject of the motion shall not be eligible to vote on the motion.

(c) For one year after leaving office, a former appointee to the Board or a District Commission shall not, for pecuniary gain:

(1) be an advocate on any matter before the Board or the District Commission to which he or she was appointed; or

(2) be an advocate before any other public body or the General Assembly or its committees regarding any matter in which, while an appointee, he or she exercised any official responsibility or participated personally and substantively.

(Added 2013, No. 11, § 12.)

§ 6032 Land Use Review Board Nominating Committee

(a) Creation. The Land Use Review Board Nominating Committee is created for the purpose of assessing the qualifications of applicants for appointment to the Land Use Review Board in accordance with section 6021 of this title.

(b) Members. The Committee shall consist of six members who shall be appointed by June 30, 2024 as follows:

(1) The Governor shall appoint two members from the Executive Branch, with at least one being an employee of the Department of Human Resources.

(2) The Speaker of the House of Representatives shall appoint two members from the House of Representatives.

(3) The Senate Committee on Committees shall appoint two members from the Senate.

(c) Terms. The members of the Committee shall serve for terms of two years. Members shall serve until their successors are appointed. Members shall serve not more than three consecutive terms. A legislative member who is appointed as a member of the Committee shall retain the position for the term appointed to the Committee even if the member is subsequently not reelected to the General Assembly during the member’s term on the Committee.

(d) Chair. The members shall elect their own chair.

(e) Quorum. A quorum of the Committee shall consist of four members.

(f) Staff and services. The Committee is authorized to use the staff and services of appropriate State Agencies and Departments as necessary to conduct investigations of applicants.

(g) Confidentiality. Except as provided in subsection (h) of this section, proceedings of the Committee, including the names of candidates considered by the Committee and information about any candidate submitted to the Governor, shall be confidential. The provisions of 1 V.S.A. § 317(e) (expiration of Public Records Act exemptions) shall not apply to the exemptions or confidentiality provisions in this subsection.

(h) Public information. The following shall be public:

(1) operating procedures of the Committee;

(2) standard application forms and any other forms used by the Committee, provided they do not contain personal information about a candidate or confidential proceedings;

(3) all proceedings of the Committee prior to the receipt of the first candidate’s completed application; and

(4) at the time the Committee sends the names of the candidates to the Governor, the total number of applicants for the vacancies and the total number of candidates sent to the Governor.

(i) Reimbursement. Legislative members of the Committee shall be entitled to per diem compensation and reimbursement for expenses in accordance with 32 V.S.A. § 1010. Compensation and reimbursement shall be paid from the legislative appropriation.

(j) Duties.

(1) When a vacancy occurs, the Committee shall review applicants to determine which are well qualified for the Board and submit those names to the Governor. The Committee shall submit to the Governor a summary of the qualifications and experience of each candidate whose name is submitted to the Governor together with any further information relevant to the matter.

(2) An applicant for the position of member of the Land Use Review Board shall not be required to be an attorney. If the candidate is admitted to practice law in Vermont or practices a profession requiring licensure, certification, or other professional regulation by the State, the Committee shall submit the candidate’s name to the Court Administrator or the applicable State professional regulatory entity, and that entity shall disclose to the Committee any professional disciplinary action taken or pending concerning the candidate.

(3) Candidates shall be sought who have experience, expertise, or skills relating to one or more of the following areas: environmental science; land use law, policy, planning, and development; and community planning. All candidates shall have a commitment to environmental justice.

(4) The Committee shall ensure a candidate possesses the following attributes:

(A) Integrity. A candidate shall possess a record and reputation for excellent character and integrity.

(B) Impartiality. A candidate shall exhibit an ability to make determinations in a manner free of bias.

(C) Work ethic. A candidate shall demonstrate diligence.

(D) Availability. A candidate shall have adequate time to dedicate to the position.

(5) The Committee shall require candidates to disclose to the Committee their financial interests and potential conflicts of interest.

(Added 2023, No. 181 (Adj. Sess.), § 3, eff. June 17, 2024.)

§ 6033 Regional plan future land use map review

(a) The Board shall review requests from regional planning commissions to approve or disapprove portions of future land use maps for the purposes of changing jurisdictional thresholds under this chapter by identifying areas on future land use maps for Tier 1B area status and to approve designations pursuant to 24 V.S.A. chapter 139. The Board may produce guidelines for regional planning commissions seeking Tier 1B area status. If requested by the regional planning commission, the Board shall complete this review concurrently with regional plan approval. A municipality may have multiple noncontiguous areas receive Tier 1B area status. A request for Tier 1B area status made by a regional planning commission separate from regional plan approval shall follow the process set forth in 24 V.S.A. § 4348.

(b) The Board shall review the portions of future land use maps that include downtowns or village centers, planned growth areas, and village areas to ensure they meet the requirements under 24 V.S.A. §§ 5803 and 5804 for designation as downtown and village centers and neighborhood areas.

(c) To obtain a Tier 1B area status under this section the regional planning commission shall demonstrate to the Board that the municipalities with Tier 1B areas meet the following requirements as included in subdivision 24 V.S.A. § 4348a(a)(12)(C):

(1) The municipality has requested to have the area mapped for Tier 1B.

(2) The municipality has a duly adopted and approved plan and a planning process that is confirmed in accordance with 24 V.S.A. § 4350.

(3) The municipality has adopted permanent zoning and subdivision bylaws in accordance with 24 V.S.A. §§ 4414, 4418, and 4442.

(4) The area excludes identified flood hazard and fluvial erosion areas, except those areas containing preexisting development in areas suitable for infill development as defined in Section 29-201 of the Vermont Flood Hazard Area and River Corridor Rule unless the municipality has adopted flood hazard and river corridor bylaws applicable to the entire municipality that are consistent with the standards established pursuant to subsection 755(b) of this title (flood hazard) and subsection 1428(b) of this title (river corridor).

(5) The municipality has water supply, wastewater infrastructure, or soils that can accommodate a community system for compact housing development in the area proposed for Tier 1B.

(6) The municipality has municipal staff, municipal officials, or contracted capacity adequate to support development review and zoning administration in the Tier 1B area.

(Added 2023, No. 181 (Adj. Sess.), § 27, eff. June 17, 2024.)

§ 6034 Tier 1A area status

(a) Application and approval.

(1) Beginning on January 1, 2026, a municipality, by resolution of its legislative body, may apply to the Land Use Review Board for Tier 1A status for the area of the municipality that is suitable for dense development and meets the requirements of subsection (b) of this section. A municipality may apply for multiple noncontiguous areas to be receive Tier 1A area status. Applications may be submitted at different times.

(2) The Board shall issue an affirmative determination on finding that the municipality meets the requirements of subsection (b) of this section within 45 days after the application is received.

(b) Tier 1A area status requirements.

(1) To obtain a Tier 1A area status under this section, a municipality shall demonstrate to the Board that it has each of the following:

(A) A municipal plan that is approved in accordance with 24 V.S.A. § 4350.

(B) The boundaries are consistent with downtown or village centers and planned growth areas as defined 24 V.S.A. § 4348a(a)(12) in an approved regional plan future land use map with any minor amendments.

(C) The municipality has adopted flood hazard and river corridor bylaws, applicable to the entire municipality, that are consistent with or stronger than the standards established pursuant to subsection 755(b) of this title (flood hazard) and subsection 1428(b) of this title (river corridor) or the proposed Tier 1A area excludes the flood hazard areas and river corridor.

(D) The municipality has adopted permanent zoning and subdivision bylaws that do not include broad exemptions that exclude significant private or public land development from requiring a municipal land use permit.

(E) The municipality has permanent land development regulations for the Tier 1A area that further the smart growth principles of 24 V.S.A. chapter 76A, adequately regulate the physical form and scale of development, provide reasonable provision for a portion of the areas with sewer and water to allow at least four stories, and conform to the guidelines established by the Board.

(F) The Tier 1A area is compatible with the character of adjacent National Register Historic Districts, National or State Register Historic Sites, and other significant cultural and natural resources identified by local or State government.

(G) The municipality has identified and planned for the maintenance of significant natural communities, rare, threatened, and endangered species located in the Tier 1A area or excluded those areas from the Tier 1A area.

(H) Public water and wastewater systems or planned improvements have the capacity to support additional development within the Tier 1A area.

(I) Municipal staff adequate to support coordinated comprehensive and capital planning, development review, and zoning administration in the Tier 1A area.

(2) If any party entitled to notice under subdivision (c)(3)(A) of this section or any resident of the municipality raises concerns about the municipality’s compliance with the requirements, those concerns shall be addressed as part of the municipality’s application.

(c) Process for issuing determinations of Tier 1A area status.

(1) A preapplication meeting shall be held with the Board staff, municipal staff, and staff of the relevant regional planning commission (RPC) to review the requirements of subsection (b) of this section. The meeting shall be held in person or electronically.

(2) An application by the municipality shall include the information and analysis required by the Board’s guidelines on how to meet the requirements of subsection (b) of this section.

(3) After receipt of a complete final application, the Land Use Review Board shall convene a public hearing in the municipality to consider whether to issue a determination of Tier 1A area status under this section.

(A) Notice.

(i) At least 35 days in advance of the Board’s meeting, the regional planning commission shall post notice of the meeting on its website.

(ii) The municipality shall publish notice of the meeting 30 days and 15 days in advance of the Board’s meeting in a newspaper of general circulation in the municipality, and deliver physically or electronically, with proof of receipt or by certified mail, return receipt requested to the Agency of Natural Resources; the Division for Historic Preservation; the Agency of Agriculture, Food and Markets; the Agency of Transportation; the regional planning commission; the regional development corporations; and the entities providing educational, police, and fire services to the municipality.

(iii) The notice shall also be posted by the municipality in or near the municipal clerk’s office and in at least two other designated public places in the municipality, on the websites of the municipality and the regional planning commission, and on any relevant e-mail lists or social media that the municipality uses.

(iv) The municipality shall also certify in writing that the notice required by this subsection (c) has been published, delivered, and posted within the specified time.

(v) Notice of an application for Tier 1A area status shall be delivered physically or electronically with proof of receipt or sent by certified mail, return receipt requested, to each of the following:

(I) the chair of the legislative body of each adjoining municipality;

(II) the executive director of each abutting regional planning commission;

(III) the Department of Housing and Community Development and the Community Investment Board for a formal review and comment; and

(IV) business, conservation, low-income advocacy, and other community or interest groups or organizations that have requested notice in writing prior to the date the hearing is warned.

(B) No defect in the form or substance of any requirements of this subsection (c) shall invalidate the action of the Board where reasonable efforts are made to provide adequate posting and notice. However, the action shall be invalid when the defective posting or notice was materially misleading in content. If an action is ruled to be invalid by the Superior Court or by the Board itself, the municipality shall issue new posting and notice, and the Board shall hold a new hearing and take a new action.

(4) The Board may recess the proceedings on any application pending submission of additional information. The Board shall close the proceedings promptly after all parties have submitted the requested information.

(5) The Board shall issue its determination in writing. The determination shall include explicit findings on each of the requirements in subsection (b) of this section.

(d) Review of status.

(1) Initial determination of status may be made at any time. Thereafter, review of a status shall occur every eight years with a check-in after four years.

(2) The Board, on its motion, may review compliance with the Tier 1A area requirements at more frequent intervals.

(3) If at any time the Board determines that the Tier 1A area no longer meets the standards for the status, it shall take one of the following actions:

(A) require corrective action within a reasonable time frame; or

(B) terminate the status.

(Added 2023, No. 181 (Adj. Sess.), § 28, eff. June 17, 2024.)

Subchapter 3 Use and Development Plans

§ 6041 Omitted.

§ 6042 Capability and Development Plan

The Board shall adopt a Capability and Development Plan consistent with the Interim Land Capability Plan that shall be made with the general purpose of guiding and accomplishing a coordinated, efficient, and economic development of the State, which will, in accordance with present and future needs and resources, best promote the health, safety, order, convenience, prosperity, and welfare of the inhabitants, as well as efficiency and economy in the process of development, including such distribution of population and of the uses of the land for urbanization, trade, industry, habitation, recreation, agriculture, forestry, and other uses as will tend to create conditions favorable to transportation, health, safety, civic activities, and educational and cultural opportunities, reduce the wastes of financial and human resources that result from either excessive congestion or excessive scattering of population and tend toward an efficient and economic utilization of drainage, sanitary, and other facilities and resources and the conservation and production of the supply of food, water, and minerals. In addition, the plan may accomplish the purposes set forth in 24 V.S.A. § 4302.

(Added 1969, No. 250 (Adj. Sess.), § 19, eff. April 4, 1970.)

§ 6043 Repealed

[Repealed]

1983, No. 114 (Adj. Sess.), § 5.

§ 6044 Public hearings

(a) The Board shall hold public hearings for the purpose of collecting information to be used in establishing the Capability and Development Plan and Interim Land Capability Plan. The public hearings may be held in an appropriate area or areas of the State and shall be conducted according to rules to be established and published by the Board.

(b) The Board may, on its own motion or on petition of an interested agency of the State or any regional or local planning commission, hold such other hearings as it may deem necessary from time to time for the purpose of obtaining information necessary or helpful in the determination of its policies, the carrying out of its duties, or the formulation of its rules and regulations.

(c) At least one public hearing shall be held in each district prior to adoption of a Plan pursuant to section 6042 of this title. Notice of a hearing shall be furnished each municipality and municipal and regional planning commission in the district where the hearing is to be held not less than 15 days prior to the hearing.

(d) The provisions of 3 V.S.A. chapter 25 shall not apply to the hearings under this section.

(Added 1969, No. 250 (Adj. Sess.), § 21, eff. April 4, 1970; amended 1983, No. 114 (Adj. Sess.), § 2.)

§ 6045 Repealed

[Repealed]

1983, No. 114 (Adj. Sess.), § 5.

§ 6046 Approval of Governor and Legislature

(a) Upon approval of a Capability and Development or Interim Land Capability Plan by the Board, it shall submit the plan to the Governor for approval. The Governor shall approve the Plan, or disapprove the Plan or any portion of a Plan, within 30 days of receipt. If the Governor fails to act, the plan shall be deemed approved by the Governor. This section shall also apply to any amendment of a Plan.

(b) After approval by the Governor, plans pursuant to section 6042 of this title shall be submitted to the General Assembly when next in session for approval. A Plan shall be considered adopted for the purposes of subdivision 6086(a)(9) of this title when adopted by the act of the General Assembly. No permit shall be issued or denied by a District Commission or Environmental Board that is contrary to or inconsistent with a local plan, capital program, or municipal bylaw governing land use, unless it is shown and specifically found that the proposed use will have a substantial impact or effect on surrounding towns, the region, or an overriding interest of the State and the health, safety, and welfare of the citizens and residents thereof requires otherwise.

(Added 1969, No. 250 (Adj. Sess.), § 23, eff. April 4, 1970; amended 1973, No. 85, § 5; 1983, No. 114 (Adj. Sess.), § 3.)

§ 6047 Changes in the Capability and Development Plan

(a) After final adoption, any department or agency of the State or a municipality, or any property owner or lessee may petition the Board for a change in the Capability and Development Plan.

(b) Within 14 days of receipt, the Board shall forward a copy of the petition to the District Commission and regional planning agency for comments and recommendations. If no regional planning commission exists, the copy shall be sent to the affected municipal planning commissions and municipalities.

(c) After 60 days but within 120 days of the original receipt of a petition, the Board shall advertise a public hearing to be held in the appropriate county. The Board shall notify the persons and agencies that have an interest in the change of the time and place of the hearing, and the procedures established for initial adoption of a Plan shall apply.

(d)-(f) [Repealed.]

(Added 1969, No. 250 (Adj. Sess.), § 24, eff. April 4, 1970; amended 1983, No. 114 (Adj. Sess.), § 4; 2021, No. 170 (Adj. Sess.), § 19, eff. July 1, 2022.)

Subchapter 4 Permits

§ 6081 Permits required; exemptions

(a) No person shall sell or offer for sale any interest in any subdivision located in this State, or commence construction on a subdivision or development, or commence development without a permit. This section shall not prohibit the sale, mortgage, or transfer of all, or an undivided interest in all, of a subdivision unless the sale, mortgage, or transfer is accomplished to circumvent the purposes of this chapter.

(b) Subsection (a) of this section shall not apply to a subdivision exempt under the regulations of the Department of Health in effect on January 21, 1970 or any subdivision which has a permit issued prior to June 1, 1970 under the Board of Health regulations, or has pending a bona fide application for a permit under the regulations of the Board of Health on June 1, 1970, with respect to plats on file as of June 1, 1970 provided such permit is granted prior to August 1, 1970. Subsection (a) of this section shall not apply to development which is not also a subdivision, which has been commenced prior to June 1, 1970, if the construction will be completed by March 1, 1971. Subsection (a) of this section shall not apply to a State highway on which a hearing pursuant to 19 V.S.A. § 222 has been held prior to June 1, 1970. Subsection (a) of this section shall not apply to any telecommunications facility in existence prior to July 1, 1997, unless that facility is a “development” as defined in subdivision 6001(3) of this title. Subsection (a) of this section shall apply to any substantial change in such excepted subdivision or development.

(c) No permit or permit amendment is required for activities at a solid waste management facility authorized by a provisional certification issued under section 6605d of this title; however, development at such a facility that is beyond the scope of that provisional certification is not exempt from the provisions of this chapter.

(d) For purposes of this section, the following construction of improvements to preexisting municipal, county, or State projects shall not be considered to be substantial changes and shall not require a permit as provided under subsection (a) of this section:

(1) municipal, county, or State wastewater treatment facility enhancements that do not expand the capacity of the facility by more than 10 percent, excluding the extension of a wastewater collection system or an expansion of the service-area boundaries of a wastewater treatment facility.

(2) municipal, county, or State water supply enhancements that do not expand the capacity of the facility by more than 10 percent.

(3) public school reconstruction or expansion that does not expand the student capacity of the school by more than 10 percent; and

(4) municipal, county, or State building renovations or reconstruction that does not expand the floor space of the building by more than 10 percent.

(e) For purposes of this section, the replacement of water and sewer lines, as part of a municipality’s regular maintenance or replacement of existing facilities, shall not be considered to be substantial changes and shall not require a permit as provided under subsection (a) of this section, provided that the replacement does not expand the capacity of the relevant facility by more than 10 percent.

(f) A permit application for a development for which a certificate of need pursuant to section 6606a of this title is required shall be accompanied by such certificate.

(g) The owners or operators of earth removal sites associated with a landfill closing, other than the landfill site itself, shall obtain a municipal zoning permit in lieu of a permit under this chapter, unless the municipality chooses to refer the matter to the District Environmental Commission having jurisdiction. At the District Commission level, the matter will be treated as a minor application. If municipal zoning bylaws do not exist, the excavation application shall be subject to the provisions of this chapter as a minor application.

(h) No permit or permit amendment is required for closure operations at an unlined landfill that began disposal operations prior to July 1, 1992 and that has been ordered closed under section 6610a or chapter 201 of this title. Closure and post-closure operations covered by this provision are limited to the following on-site operations: final landfill cover system construction and related maintenance operations, water quality monitoring, landfill gas control systems installation and maintenance, erosion control measures, site remediation, and general maintenance. Prior to issuing a final order for closure for landfills qualifying for this exemption, a public informational meeting shall be noticed and held by the Secretary with public comment accepted on the draft order. The public comment period shall extend not less than 14 days before the public meeting and 14 days after the meeting. Public comment related to the public health, water pollution, air pollution, traffic, noise, litter, erosion, and visual conditions shall be considered. Landfills with permits in effect under this chapter as of July 1, 1994, shall not qualify for an exemption as described under this section.

(i) The repair or replacement of railroad facilities used for transportation purposes, as part of a railroad’s maintenance, shall not be considered to be substantial changes and shall not require a permit as provided under subsection (a) of this section, provided that the replacement or repair does not result in the physical expansion of the railroad’s facilities.

(j) With respect to the extraction of slate from a slate quarry that is included in final slate quarry registration documents, if it were removed from a site prior to June 1, 1970, the site from which slate was actually removed, if lying unused at any time after those operations commenced, shall be deemed to be held in reserve, and shall not be deemed to be abandoned.

(k)(1) With respect to the commercial extraction of slate from a slate quarry, activities that are not ancillary to slate mining operations may constitute substantial changes and be subject to permitting requirements under this chapter. “Ancillary activities” include the following activities that pertain to slate and that take place within a registered parcel that contains a slate quarry: drilling, crushing, grinding, sizing, washing, drying, sawing, and cutting stone; blasting, trimming, punching, splitting, and gauging; and use of buildings and use and construction of equipment exclusively to carry out such activities. Buildings that existed on April 1, 1995, or any replacements to those buildings, shall be considered ancillary.

(2) Activities that are ancillary activities that involve crushing may constitute substantial changes if they may result in significant impact with respect to any of the criteria specified in subdivisions 6086(a)(1) through (10) of this title.

(l)(1) By no later than January 1, 1997, any owner of land or mineral rights or any owner of slate quarry leasehold rights on a parcel of land on which a slate quarry was located as of June 1, 1970, may register the existence of the slate quarry with the District Commission and with the clerk of the municipality in which the slate quarry is located, while also providing each with a map which indicates the boundaries of the parcel which contains the slate quarry.

(2) Slate quarry registration shall state the name and address of the owner of the land, mineral rights, or leasehold rights; whether that person holds mineral rights or leasehold rights or is the owner in fee simple; the physical location of the same; the physical location and size of ancillary buildings; and the book and page of the recorded deed or other instrument by which the owner holds title to the land or rights.

(3) Slate quarry registration documents shall be submitted to the District Commission together with a request, under the provisions of subsection 6007(c) of this title, for a final determination regarding the applicability of this chapter.

(4) The final determination regarding a slate quarry registration under subsection 6007(c) of this title shall be recorded in the municipal land records at the expense of the registrant along with an accurate site plan of the parcel depicting the site specific information contained in the registration documents.

(5) With respect to a slate quarry located on a particular registered parcel of land, ancillary activities on the parcel related to the extraction and processing of slate into products that are primarily other than crushed stone products shall not be deemed to be substantial changes, as long as the activities do not involve the creation of one or more new slate quarry holes that are not related to an existing slate quarry hole.

(m) No permit is required for the replacement of a preexisting telecommunications facility, in existence prior to July 1, 1997, provided the facility is not a development as defined in subdivision 6001(3) of this title, unless the replacement would constitute a substantial change to the telecommunications facility being replaced, or to improvements ancillary to the telecommunications facility, or both. No permit is required for repair or routine maintenance of a preexisting telecommunications facility or of those ancillary improvements associated with the telecommunications facility.

(n) No permit amendment is required for the replacement of a permitted telecommunications facility unless the replacement would constitute a material or substantial change to the permitted telecommunications facility to be replaced, or to improvements ancillary to the telecommunications facility, or both. No permit is required for repair or routine maintenance of a permitted telecommunications facility or of those ancillary improvements associated with the telecommunications facility.

(o) If a designation pursuant to 24 V.S.A. chapter 76A is removed, subsection (a) of this section shall apply to any subsequent substantial change to a priority housing project that was originally exempt pursuant to subdivision 6001(3)(A)(iv)(I) of this title on the basis of that designation.

(p) No permit or permit amendment is required for a priority housing project in a designated center if the project remains below any applicable jurisdictional threshold specified in subdivision 6001(3)(A)(iv)(I) of this title.

(q) For the purposes of reviewing any combination of electrical distribution and communications lines and subsidiary facilities that, standing alone, constitutes a development for purposes of this chapter, the actual and potential impacts considered by the Board or District Commission under subsection 6086(a) of this title shall not include actual or potential impacts of the construction of other improvements to be served by those lines and subsidiary facilities.

(r) In situations in which the construction of improvements for any combination of electrical distribution and communications lines and subsidiary facilities, standing alone, constitutes a development subject to the jurisdiction of the Board or District Commission under this chapter, subsequent construction of improvements for any combination of electrical distribution and communications lines and subsidiary facilities not identified or reasonably identifiable at the time construction commences, standing alone, shall be considered new construction of improvements and shall not be considered a material or substantial change to that previously permitted development.

(s)(1) No permit amendment is required for farming that:

(A) will occur on primary agricultural soils preserved in accordance with section 6093 of this title; or

(B) will not conflict with any permit condition issued pursuant to this chapter.

(2) Permits shall include a statement that farming is permitted on lands exempt from amendment jurisdiction under this subsection.

(t) No permit or permit amendment is required for the construction of improvements for an accessory on-farm business for the storage or sale of qualifying products or the other eligible enumerated products as defined in 24 V.S.A. § 4412(11)(A)(i)(I). No permit or permit amendment is required for the construction of improvements for an accessory on-farm business for the preparation or processing of qualifying products as defined in 24 V.S.A. § 4412(11)(A)(i)(I), provided that more than 50 percent of the total annual sales of the prepared or processed qualifying products come from products produced on the farm where the business is located. This subsection shall not apply to the construction of improvements related to hosting events or farm stays as part of an accessory on-farm business as defined in 24 V.S.A. § 4412(11)(A)(i)(II).

(u) A building constructed prior to January 1, 2011 in accordance with subdivision 6001(3)(D)(iv) of this title shall not be subject to an enforcement action under this chapter for:

(1) construction or any event or activity at the building that occurred prior to January 1, 2011; and

(2) any event or activity at the building on or after January 1, 2011 if the building is used solely for the purpose of an agricultural fair.

(v) A permit or permit amendment shall not be required for a development or subdivision in a designated downtown development district for which the District Commission has issued positive findings and conclusions under section 6086b of this title on all the criteria listed in that section. A person shall obtain new or amended findings and conclusions from the District Commission under section 6086b of this title prior to commencement of a material change, as defined in the rules of the Board, to a development or subdivision for which the District Commission has issued such findings and conclusions. A person may seek a jurisdictional opinion under section 6007 of this title concerning whether such a change is a material change.

(w)(1) A permit or permit amendment shall not be required for a change to a sport shooting range, as defined in section 5227 of this title, if a jurisdictional opinion issued under subsection 6007(c) of this title determines that each of the following applies:

(A) The range was in operation before January 1, 2006 and has been operating since that date.

(B) The range has a lead management plan approved by the Department of Environmental Conservation under chapters 47 and 159 of this title that requires implementation of best management practices to mitigate environmental impacts to soil and water.

(C) The change is for the purpose of one or more of the following:

(i) To improve the safety of range employees, users of the range, or the public.

(ii) To abate noise from activities at the range. A qualified noise abatement professional may certify that a change in a sport shooting range is for this purpose and this certification shall be conclusive evidence that a purpose of the change is to abate noise from activities at the range.

(iii) To remediate, mitigate, or reduce impacts to air or water quality from the range or the deposit or disposal of waste generated by the range or its use.

(2) Obtaining a certification described in subdivision (1)(B)(ii) of this subsection shall be at the option of the range’s owner.

(x)(1) No permit or permit amendment is required for the construction of improvements for any one of the actions or abatements authorized in this subdivision:

(A) a remedial or removal action for which the Secretary of Natural Resources has authorized disbursement under section 1283 of this title;

(B) abating a release or threatened release, as directed by the Secretary of Natural Resources under section 6615 of this title;

(C) a remedial or removal action directed by the Secretary of Natural Resources under section 6615 of this title;

(D) a corrective action authorized in a corrective action plan approved by the Secretary of Natural Resources under section 6615b of this title;

(E) a corrective action authorized in a corrective action plan approved by the Secretary of Natural Resources under chapter 159, subchapter 3 of this title; or

(F) the management of “development soils,” as that term is defined in subdivision 6602(39) of this title, under a plan approved by the Secretary of Natural Resources under section 6604c of this title.

(2) Any development subsequent to the construction of improvements for any one of the actions or abatements authorized in subdivision (1) of this subsection shall not be exempt from the provisions of this chapter.

(y) Until December 31, 2030, no permit or permit amendment is required for a retail electric distribution utility’s rebuilding of existing electrical distribution lines and related facilities to improve reliability and service to existing customers, through overhead or underground lines in an existing corridor, road, or State or town road right-of-way. Nothing in this section shall be interpreted to exempt projects under this subsection from other required permits or the conditions on lands subject to existing permits required by this section.

(z)(1) Notwithstanding any other provision of this chapter to the contrary, no permit or permit amendment is required for any subdivision, development, or change to an existing project that is located entirely within a Tier 1A area under section 6034 of this chapter.

(2) Notwithstanding any other provision of this chapter to the contrary, no permit or permit amendment is required within a Tier 1B area approved by the Board under section 6033 of this chapter for 50 units or fewer of housing on a tract or tracts of land involving 10 acres or less or for mixed-use development with 50 units or fewer of housing on a tract or tracts of land involving 10 acres or less.

(3) Upon receiving notice and a copy of the permit issued by an appropriate municipal panel pursuant to 24 V.S.A. § 4460(g), a previously issued permit for a development or subdivision located in a Tier 1A area shall remain attached to the property. However, neither the Board nor the Agency of Natural Resources shall enforce the permit or assert amendment jurisdiction on the tract or tracts of land unless the designation is revoked or the municipality has not taken any reasonable action to enforce the conditions of the permit.

(aa) No permit amendment is required for the construction of improvements for a hotel or motel converted to permanently affordable housing developments as defined in 24 V.S.A. § 4303(2).

(bb) Until July 1, 2028, no permit or permit amendment is required for the construction of improvements for one accessory dwelling unit constructed within or appurtenant to a single-family dwelling. Units constructed pursuant to this subsection shall not count towards the total units constructed in other projects.

(cc) Until July 1, 2028, no permit amendment is required for the construction of improvements for converting a structure used for a commercial purpose to 29 or fewer housing units.

(dd) Interim housing exemptions.

(1) Notwithstanding any other provision of law to the contrary, until January 1, 2027, no permit or permit amendment is required for the construction of housing projects such as cooperatives, condominiums, dwellings, or mobile homes, with 75 units or fewer, constructed or maintained on a tract or tracts of land, located entirely within the areas of a designated new town center, a designated growth center, or a designated neighborhood development area served by public sewer or water services or soils that are adequate for wastewater disposal. Housing units constructed pursuant to this subdivision shall not count towards the total units constructed in other areas. This exemption shall not apply to areas within mapped river corridors and floodplains except those areas containing preexisting development in areas suitable for infill development as defined in 29-201 of the Vermont Flood Hazard Area and River Corridor Rule.

(2)(A) Notwithstanding any other provision of law to the contrary, until July 1, 2027, no permit or permit amendment is required for the construction of housing projects such as cooperatives, condominiums, dwellings, or mobile homes, with 50 or fewer units, constructed or maintained on a tract or tracts of land of 10 acres or less, located entirely within:

(i) areas of a designated village center and within one-quarter mile of its boundary with permanent zoning and subdivision bylaws and served by public sewer or water services or soils that are adequate for wastewater disposal; or

(ii) areas of a municipality that are within a census-designated urbanized area with over 50,000 residents and within one-quarter mile of a transit route.

(B) Housing units constructed pursuant to this subdivision (2) shall not count towards the total units constructed in other areas. This exemption shall not apply to areas within mapped river corridors and floodplains except those areas containing preexisting development in areas suitable for infill development as defined in 29-201 of the Vermont Flood Hazard Area and River Corridor Rule. For purposes of this subdivision, in order for a parcel to qualify for the exemption, at least 51 percent of the parcel shall be located within one-quarter mile of the designated village center boundary or the center line of the transit route. If the one-quarter mile extends into an adjacent municipality, the legislative body of the adjacent municipal may inform the Board that it does not want the exemption to extend into that area.

(3) Notwithstanding any other provision of law to the contrary, until January 1, 2027, no permit or permit amendment is required for the construction of housing projects such as cooperatives, condominiums, dwellings, or mobile homes, constructed or maintained on a tract or tracts of land, located entirely within a designated downtown development district with permanent zoning and subdivision bylaws served by public sewer or water services or soils that are adequate for wastewater disposal. Housing units constructed pursuant to this subdivision shall not count towards the total units constructed in other areas. This exemption shall not apply to areas within mapped river corridors and floodplains except those areas containing preexisting development in areas suitable for infill development as defined in 29-201 of the Vermont Flood Hazard Area and River Corridor Rule.

(Added 1969, No. 250 (Adj. Sess.), §§ 6, 7, subsec. (a), eff. June 1, 1970, subsec. (b), eff. April 4, 1970; amended 1989, No. 218 (Adj. Sess.), § 2; 1989, No. 276 (Adj. Sess.), §§ 17a, 17b, eff. June 20, 1990; 1989, No. 282 (Adj. Sess.), § 7, eff. June 22, 1990; 1991, No. 256 (Adj. Sess.), § 30, eff. June 9, 1992; 1993, No. 200 (Adj. Sess.), § 2; 1993, No. 208 (Adj. Sess.), § 4; 1995, No. 30, § 2, eff. April 13, 1995; 1999, No. 93 (Adj. Sess.), §§ 1, 2; 2001, No. 114 (Adj. Sess.), § 7c, eff. May 28, 2002; 2003, No. 133 (Adj. Sess.), § 1; 2007, No. 38, § 15, eff. May 21, 2007; 2009, No. 54, § 53; 2009, No. 54, § 54, eff. June 1, 2009; 2011, No. 18, § 3, eff. May 11, 2011; 2011, No. 53, §§ 4, 4a, eff. May 27, 2011; 2013, No. 11, § 25; 2013, No. 147 (Adj. Sess.), § 4, eff. June 1, 2014; 2015, No. 145 (Adj. Sess.), § 31; 2017, No. 69, § H.4, eff. June 28, 2017; 2017, No. 74, § 17; 2017, No. 209 (Adj. Sess.), § 2, eff. May 30, 2018; 2021, No. 170 (Adj. Sess.), § 20, eff. July 1, 2022; 2021, No. 182 (Adj. Sess.), § 31, eff. July 1, 2022; 2023, No. 47, § 19b, eff. July 1, 2023; 2023, No. 53, § 16, eff. June 8, 2023; 2023, No. 78, § C.124, eff. June 20, 2023; 2023, No. 83 (Adj. Sess.), § 1, eff. June 8, 2023; 2023, No. 85 (Adj. Sess.), § 8, eff. July 1, 2024; 2023, No. 181 (Adj. Sess.), § 18, § 26, § 31, eff. June 17, 2024.)

§ 6082 Approval by local governments and State agencies

The permit required under section 6081 of this title shall not supersede or replace the requirements for a permit of any other State agency or municipal government.

(1969, No. 250 (Adj. Sess.), § 27, eff. April 4, 1970.)

§ 6083 Applications

(a) An application for a permit shall be filed with the District Commission as prescribed by the rules of the Board and shall contain at least the following documents and information:

(1) The applicant’s name, address, and the address of each of the applicant’s offices in this State, and, where the applicant is not an individual, municipality, or State agency, the form, date, and place of formation of the applicant.

(2) Four copies of a plan of the proposed development or subdivision showing the intended use of the land, the proposed improvements, the details of the project, and any other information required by this chapter, or the rules adopted under this chapter.

(3) The fee prescribed by section 6083a of this title.

(4) Certification of filing of notice as set forth in 6084 of this title.

(b) An applicant or petitioner shall grant the Board or District Commission, or their agents, permission to enter upon the applicant’s or petitioner’s land for these purposes.

(c) Where an application concerns the extraction or processing of fissionable source material, before the application is considered the District Commission shall obtain the express approval of the General Assembly by act of legislation stating that extraction or processing of fissionable source material will promote the general welfare. The District Commission shall advise the General Assembly of any application for extraction or processing of fissionable source material by delivering written notice to the Speaker of the House of Representatives and to the President of the Senate, and shall make available all relevant material. The procedural requirements and deadlines applicable to permit applications under this chapter shall be suspended until the approval is granted. Approval by the General Assembly under this subsection shall not be construed as approval of any particular application or proposal for development.

(d) The Board and Commissions shall make all practical efforts to process matters before the Board and permits in a prompt manner. The Board shall establish time limits for the processing of land use permits issued under section 6086 of this title as well as procedures and time periods within which to notify applicants whether an application is complete. The Board shall report annually by February 15 to the General Assembly by electronic submission. The annual report shall assess the performance of the Board and Commissions in meeting the limits; identify areas which hinder effective performance; list fees collected for each permit; summarize changes made to improve performance; and describe staffing needs for the coming year. The annual report shall list the number of enforcement actions taken by the Board, the disposition of such cases, and the amount of penalties collected. The provisions of 2 V.S.A. § 20(d)(expiration of required reports) shall not apply to the report to be made under this subsection.

(e) The District Commissions shall give priority to municipal projects that have been mandated by the State through a permit, enforcement order, court order, enforcement settlement agreement, statute, rule, or policy.

(f) In situations where the party seeking to file an application is a State agency, municipality, or solid waste management district empowered to condemn the involved land or an interest in it, the application need only be signed by that party.

(g)(1) A District Commission, pending resolution of noncompliance, may stay the issuance of a permit or amendment if it finds, by clear and convincing evidence, that a person who is an applicant:

(A) is not in compliance with a court order, an administrative order, or an assurance of discontinuance with respect to a violation that is directly related to the activity which is the subject of the application; or

(B) has one or more current violations of this chapter, or any rules, permits, assurances of discontinuance, court order, or administrative orders related to this chapter, which, when viewed together, constitute substantial noncompliance.

(2) Any decision under this subsection to issue a stay may be subject to review by the Environmental Division, as provided by rule of the Supreme Court.

(3) If the same violation is the subject of an enforcement action under chapter 201 of this title, then jurisdiction over the issuance of a stay shall remain with the Environmental Division and shall not reside with the District Commission.

(Added 1969, No. 250 (Adj. Sess.), §§ 8, 15, eff. April 4, 1970; amended 1979, No. 123 (Adj. Sess.), § 6, eff. April 14, 1980; 1987, No. 76, § 10; 1989, No. 276 (Adj. Sess.), § 17, eff. June 20, 1990; 1989, No. 279 (Adj. Sess.), § 3; 1991, No. 109, § 7, eff. June 28, 1991; 1995, No. 186 (Adj. Sess.), § 35, eff. May 22, 1996; 1997, No. 155 (Adj. Sess.), § 26; 2001, No. 40, § 4; 2003, No. 151 (Adj. Sess.), § 1; 2003, No. 115 (Adj. Sess.), § 52, eff. Jan. 31, 2005; 2007, No. 191 (Adj. Sess.), § 11; 2009, No. 146 (Adj. Sess.), § F21; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 139 (Adj. Sess.), § 10, eff. May 14, 2012; 2013, No. 11, §§ 13, 25.)

§ 6083a Act 250 fees

(a) All applicants for a land use permit under section 6086 of this title shall be directly responsible for the costs involved in the publication of notice in a newspaper of general circulation in the area of the proposed development or subdivision and the costs incurred in recording any permit or permit amendment in the land records. In addition, applicants shall be subject to each of the following fees for each individual permit or permit application for the purpose of compensating the State of Vermont for the direct and indirect costs incurred with respect to the administration of the Act 250 program:

(1) For applications for projects involving construction, $6.65 for each $1,000.00 of the first $15,000,000.00 of construction costs, and $3.12 for each $1,000.00 of construction costs above $15,000,000.00. An additional $0.75 for each $1,000.00 of the first $15,000,000.00 of construction costs shall be paid to the Agency of Natural Resources to account for the Agency of Natural Resources’ review of Act 250 applications.

(2) For applications for projects involving the creation of lots, $125.00 for each lot.

(3) For applications for projects involving exploration for or removal of oil, gas, and fissionable source materials, a fee as determined under subdivision (1) of this subsection or $1,000.00 for each day of Commission hearings required for such projects, whichever is greater.

(4) For applications for projects involving the extraction of earth resources, including sand, gravel, peat, topsoil, crushed stone, or quarried material, the greater of: a fee as determined under subdivision (1) of this subsection; or a fee equivalent to the rate of $0.02 per cubic yard of the first million cubic yards of the total volume of earth resources to be extracted over the life of the permit, and $.01 per cubic yard of any such earth resource extraction above one million cubic yards. Extracted material that is not sold or does not otherwise enter the commercial marketplace shall not be subject to the fee. The fee assessed under this subdivision for an amendment to a permit shall be based solely upon any additional volume of earth resources to be extracted under the amendment.

(5) For applications for projects involving the review of a master plan, a fee equivalent to $0.10 per $1,000.00 of total estimated construction costs in current dollars in addition to the fee established in subdivision (1) of this subsection for any portion of the project seeking construction approval.

(b) Notwithstanding the provisions of subsection (a) of this section, there shall be a minimum fee of $187.50 for original applications and $62.50 for amendment applications, in addition to publication and recording costs. These costs shall be in addition to any other fee established by statute, unless otherwise expressly stated. In addition, in no event shall the fee for an individual permit or permit amendment application, including each individual permit or permit amendment application seeking approval for any portion of a project involving a master plan, exceed $165,000.00.

(c) Fees shall not be required for projects undertaken by municipal agencies or by State governmental agencies, except for publication and recording costs.

(d) Neighborhood development area fees. Fees for residential development in a Vermont neighborhood or neighborhood development area designated according to 24 V.S.A. § 2793e shall be no more than 50 percent of the fee otherwise charged under this section. The fee shall be paid within 30 days after the permit is issued or denied.

(e) A written request for an application fee refund shall be submitted to the District Commission to which the fee was paid within 90 days of the withdrawal of the application.

(1) In the event that an application is withdrawn prior to the convening of a hearing, the District Commission shall, upon request of the applicant, refund 50 percent of the fee paid between $100.00 and $5,000.00, and all of that portion of the fee paid in excess of $5,000.00 except that the District Commission may decrease the amount of the refund if the direct and indirect costs incurred by the State of Vermont with respect to the administration of the Act 250 program clearly and unreasonably exceed the fee that would otherwise be retained by the District Commission.

(2) In the event that an application is withdrawn after a hearing, the District Commission shall, upon request of the applicant, refund 25 percent of the fee paid between $100.00 and $10,000.00 and all of that portion of the fee paid in excess of $10,000.00 except that the District Commission may decrease the amount of the refund if the direct and indirect costs incurred by the State of Vermont with respect to the administration of the Act 250 program clearly and unreasonably exceed the fee that would otherwise be retained by the District Commission.

(3) The District Commission shall, upon request of the applicant, increase the amount of the refund if the application of subdivisions (1) and (2) of this subsection clearly would result in a fee that unreasonably exceeds the direct and indirect costs incurred by the State of Vermont with respect to the administration of the Act 250 program.

(4) District Commission decisions regarding application fee refunds may be appealed to the Land Use Review Board in accordance with Board rules.

(5) For the purposes of this section, a “hearing” is a duly warned meeting concerning an application convened by a quorum of the District Commission, at which parties may be present. However, a hearing does not include a prehearing conference.

(6) In no event may an application fee or a portion thereof be refunded after a District Commission has issued a final decision on the merits of an application.

(7) In no event may an application fee refund include the payment of interest on the application fee.

(f) In the event that an application involves a project or project impacts that previously have been reviewed, the applicant may petition the Chair of the District Commission to waive all or part of the application fee. If an application fee was paid previously in accordance with subdivisions (a)(1) through (4) of this section, the Chair may waive all or part of the fee for a new or revised project if the Chair finds that the impacts of the project have been reviewed in an applicable master permit application, or that the project is not significantly altered from a project previously reviewed, or that there will be substantial savings in the review process due to the scope of review of the previous applications.

(g) A Commission or the Land Use Review Board may require any permittee to file a certification of actual construction costs and may direct the payment of a supplemental fee in the event that an application understated a project’s construction costs. Failure to file a certification or to pay a supplemental fee shall be grounds for permit revocation.

(h) The costs of republishing a notice due to a scheduling change requested by a party shall be borne by the party requesting the change.

(i) Any municipality filing an application for a Tier 1A area status shall pay a fee of $295.00.

(j) Any regional planning commission filing a regional plan or future land use map to be reviewed by the Board shall pay a fee of $295.00.

(Added 1997, No. 155 (Adj. Sess.), § 27; amended 2003, No. 163 (Adj. Sess.), § 26; 2003, No. 115 (Adj. Sess.), § 53, eff. Jan. 31, 2005; 2007, No. 176 (Adj. Sess.), § 8; 2009, No. 134 (Adj. Sess.), § 33; 2011, No. 161 (Adj. Sess.), § 8; 2013, No. 11, § 25; 2013, No. 59, § 12; 2015, No. 57, § 18; 2019, No. 131 (Adj. Sess.), § 13; 2023, No. 47, § 18, eff. July 1, 2023; 2023, No. 87 (Adj. Sess.), § 73, eff. March 13, 2024; 2023, No. 181 (Adj. Sess.), § 9, eff. June 17, 2024.)

§ 6084 Notice of application; hearings; commencement of review

(a) Upon the filing of an application with the District Commission, the District Commission shall send, by electronic means, notice of the application to the owner of the land if the applicant is not the owner; the municipality in which the land is located; the municipal and regional planning commissions for the municipality in which the land is located; the Vermont Agency of Natural Resources; and any adjacent Vermont municipality and municipal and regional planning commission if the land is located on a municipal or regional boundary. The District Commission shall send by electronic means a copy of the notice to the town clerk’s office of the town or towns in which the project lies. The town clerk shall post the notice in the town office. The applicant shall also provide a list of adjoining landowners to the District Commission. Upon request and for good cause, the District Commission may authorize the applicant to provide a partial list of adjoining landowners in accordance with Board rules.

(b) Upon an application being ruled complete, the District Commission shall determine whether to process the application as a major application with a required public hearing or process the application as a minor application with the potential for a public hearing in accordance with Board rules.

(1) For major applications, the District Commission shall provide notice not less than 14 days prior to any scheduled hearing or prehearing conference to the applicant; the owner of the land if the applicant is not the owner; the municipality in which the land is located; the municipal and regional planning commissions for the municipality in which the land is located; any adjacent Vermont municipality and municipal and regional planning commission if the land is located on a municipal or regional boundary; adjoining landowners as deemed appropriate by the District Commission pursuant to the rules of the Board; and any other person the District Commission deems appropriate.

(2) For minor applications, the District Commission shall provide notice of the commencement of application review to the persons listed in subdivision (1) of this subsection.

(3) For both major and minor applications, the District Commission shall also provide such notice and a copy of the application to: the Board and any affected State agency; the solid waste management district in which the land is located, if the development or subdivision constitutes a facility pursuant to subdivision 6602(10) of this title; and any other municipality, State agency, or person the District Commission deems appropriate.

(c) Anyone required to receive notice of commencement of minor application review pursuant to subsection (b) of this section may request a hearing by filing a request within the public comment period specified in the notice pursuant to Board rules. The District Commission, on its own motion, may order a hearing within 20 days of notice of commencement of minor application review.

(d) Any hearing or prehearing conference for a major application shall be held within 40 days of receipt of a complete application; or within 20 days of the end of the public comment period specified in the notice of minor application review if the District Commission determines that it is appropriate to hold a hearing for a minor application.

(e) Any notice for a major or minor application, as required by this section, shall also be published by the District Commission in a local newspaper generally circulating in the area where the development or subdivision is located and on the Board’s website not more than 10 days after receipt of a complete application.

(1) Notice of any hearing for a major application shall be published, as required by this section, not less than 14 days before the hearing or prehearing conference.

(2) If the District Commission determines that it is appropriate to hold a hearing for an application that was originally noticed as a minor application, then the application shall be renoticed as a major application in accordance with the requirements of this section and Board rules, except that there shall be no requirement to publish the second notice in a local newspaper. Direct notice of the hearing to all persons listed in subdivisions (b)(1) and (3) of this section shall be deemed sufficient.

(f) The applicant shall post a sign provided by the District Commission on the subject property in a visible location 14 days prior to the hearing on the application and until the permit is issued or denied. The District Commission shall provide the sign that shall include a general description of the project, the date and place of the hearing, the identification number of the application and the internet address, and the contact information for the District Commission. The design of the signs shall be consistent throughout the State and prominently state “This Property has applied for an Act 250 Permit.”

(g) When an application concerns the construction of improvements for one of the following, the application shall be processed as a minor application in accordance with subsections (b) through (e) of this section:

(1) a sawmill that produces three and one-half million board feet or less annually; or

(2) an operation that involves the primary processing of forest products of commercial value and that annually produces:

(A) 3,500 cords or less of firewood or cordwood; or

(B) 10,000 tons or less of bole wood, whole tree chips, or wood pellets.

(Added 1969, No. 250 (Adj. Sess.), § 9, eff. April 4, 1970; amended 1991, No. 109, § 2 eff. June 28, 1991; 1993, No. 232 (Adj. Sess.), § 29, eff. March 15, 1995; 1995, No. 189 (Adj. Sess.), § 10, eff. May 22, 1996; 2003, No. 115 (Adj. Sess.), § 54; 2009, No. 146 (Adj. Sess.), § F22; 2017, No. 69, § H.5, eff. June 28, 2017; 2017, No. 113 (Adj. Sess.), § 45; 2017, No. 194 (Adj. Sess.), § 6, eff. May 30, 2018; 2021, No. 170 (Adj. Sess.), § 21, eff. July 1, 2022; 2021, No. 182 (Adj. Sess.), § 32, eff. July 1, 2022; 2023, No. 181 (Adj. Sess.), § 7, eff. June 17, 2024.)

§ 6085 Hearings; party status

(a), (b) [Repealed.]

(c)(1) Party status. In proceedings before the District Commissions, the following persons shall be entitled to party status:

(A) the applicant;

(B) the landowner, if the applicant is not the landowner;

(C) the municipality in which the project site is located, and the municipal and regional planning commissions for that municipality; if the project site is located on a boundary, any Vermont municipality adjacent to that border and the municipal and regional planning commissions for that municipality; and the solid waste management district in which the land is located, if the development or subdivision constitutes a facility pursuant to subdivision 6602(10) of this title;

(D) any State agency affected by the proposed project;

(E) any adjoining property owner or other person who has a particularized interest protected by this chapter that may be affected by an act or decision by a District Commission.

(2) Content of petitions. All persons seeking to participate in proceedings before the District Commission as parties pursuant to subdivision (c)(1)(E) of this section must petition for party status. Any petition for party status may be made orally or in writing to the District Commission. All petitions must include:

(A) A detailed statement of the petitioner’s interest under the relevant criteria of the proceeding, including, if known, whether the petitioner’s position is in support of or in opposition to the relief sought by the permit applicant, or petitioner.

(B) In the case of an organization, a description of the organization, its purposes, and the nature of its membership.

(C) A statement of the reasons the petitioner believes the District Commission should allow the petitioner party status in the pending proceeding.

(D) In the case of a person seeking party status under subdivision (c)(1)(E) of this section:

(i) If applicable, a description of the location of the petitioner’s property in relation to the proposed project, including a map, if available;

(ii) A description of the potential effect of the proposed project upon the petitioner’s interest with respect to each of the relevant criteria or subcriteria under which party status is being requested.

(3) Timeliness. A petition for party status pursuant to subdivision (c)(1)(E) of this section must be made at or prior to an initial prehearing conference held pursuant to Board rule or at the commencement of the hearing, whichever shall occur first, unless the District Commission directs otherwise. The District Commission may grant an untimely petition if it finds that the petitioner has demonstrated good cause for failure to request party status in a timely fashion, and that the late appearance will not unfairly delay the proceedings or place an unfair burden on the parties.

(4) Conditions. Where a person has been granted party status pursuant to subdivision (c)(1)(E) of this section, the District Commission shall restrict the person’s participation to only those issues in which the person has demonstrated an interest, and may encourage the person to join with other persons with respect to representation, presentation of evidence, or other matters in the interest of promoting judicial efficiency.

(5) Friends of the Commission. The District Commission, on its own motion or by petition, may allow nonparties to participate in any of its proceedings, without being accorded party status. Participation may be limited to the filing of memoranda, proposed findings of fact and conclusions of law, and argument on legal issues. However, if approved by the District Commission, participation may be expanded to include the provision of testimony, the filing of evidence, or the cross examination of witnesses. A petition for leave to participate as a friend of the Commission shall identify the interest of the petitioner and the desired scope of participation and shall state the reasons why the participation of the petitioner will be beneficial to the District Commission. Except where all parties consent or as otherwise ordered by the District Commission or by the Chair of the District Commission, all friends of the Commission shall file their memoranda, testimony, or evidence within the times allowed the parties.

(6) Reexamination of party status. A District Commission shall reexamine party status determinations before the close of hearings and state the results of that reexamination in the District Commission decision. In the reexamination of party status coming before the close of District Commission hearings, persons having attained party status up to that point in the proceedings shall be presumed to retain party status. However, on motion of a party, or on its own motion, a Commission shall consider the extent to which parties continue to qualify for party status. Determinations made before the close of District Commission hearings shall supersede any preliminary determinations of party status.

(d) If no hearing has been requested or ordered within the prescribed period, no hearing need be held by the District Commission. In such an event, a permit shall be granted or denied within 60 days of receipt; otherwise, it shall be deemed approved and a permit shall be issued.

(e) The Land Use Review Board and any District Commission, acting through one or more duly authorized representatives at any prehearing conference or at any other times deemed appropriate by the Natural Resources Board or by the District Commission, shall promote expeditious, informal, and nonadversarial resolution of issues, require the timely exchange of information concerning the application, and encourage participants to settle differences. No District Commissioner who is participating as a decisionmaker in a particular case may act as a duly authorized representative for the purposes of this subsection. These efforts at dispute resolution shall not affect the burden of proof on issues before a Commission or the Environmental Division, nor shall they affect the requirement that a permit may be issued only after the issuance of affirmative findings under the criteria established in section 6086 of this title.

(f) A hearing shall not be closed until a Commission provides an opportunity to all parties to respond to the last permit or evidence submitted. Once a hearing has been closed, a Commission shall conclude deliberations as soon as is reasonably practicable. A decision of a Commission shall be issued within 20 days of the completion of deliberations.

(Added 1969, No. 250 (Adj. Sess.), §§ 10, 11, eff. April 4, 1970; amended 1973, No. 85, § 9; 1989, No. 234 (Adj. Sess.), § 3; 1993, No. 82, § 4; 1993, No. 232 (Adj. Sess.), §§ 30, 31, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 55, eff. Jan. 31, 2005; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 11, § 25.)

§ 6085a Repealed

[Repealed]

§ 6086 Issuance of permit; conditions and criteria.

(a) Before granting a permit, the District Commission shall find that the subdivision or development:

(1) Will not result in undue water or air pollution. In making this determination it shall at least consider: the elevation of land above sea level; and in relation to the flood plains, the nature of soils and subsoils and their ability to adequately support waste disposal; the slope of the land and its effect on effluents; the availability of streams for disposal of effluents; and the applicable Health and Environmental Conservation Department regulations.

(A) Headwaters. A permit will be granted whenever it is demonstrated by the applicant that, in addition to all other applicable criteria, the development or subdivision will meet any applicable Health and Environmental Conservation Department regulation regarding reduction of the quality of the ground or surface waters flowing through or upon lands which are not devoted to intensive development, and which lands are:

(i) headwaters of watersheds characterized by steep slopes and shallow soils; or

(ii) drainage areas of 20 square miles or less; or

(iii) above 1,500 feet elevation; or

(iv) watersheds of public water supplies designated by the Agency of Natural Resources; or

(v) areas supplying significant amounts of recharge waters to aquifers.

(B) Waste disposal. A permit will be granted whenever it is demonstrated by the applicant that, in addition to all other applicable criteria, the development or subdivision will meet any applicable Health and Environmental Conservation Department regulations regarding the disposal of wastes, and will not involve the injection of waste materials or any harmful or toxic substances into ground water or wells.

(C) Water conservation. A permit will be granted whenever it is demonstrated by the applicant that, in addition to all other applicable criteria, the design has considered water conservation, incorporates multiple use or recycling where technically and economically practical, utilizes the best available technology for such applications, and provides for continued efficient operation of these systems.

(D) Flood hazard areas; river corridors. A permit will be granted whenever it is demonstrated by the applicant that, in addition to all other applicable criteria, the development or subdivision of lands within a flood hazard area or river corridor will not restrict or divert the flow of floodwaters; cause or contribute to fluvial erosion; and endanger the health, safety, and welfare of the public or of riparian owners during flooding.

(E) Streams. A permit will be granted whenever it is demonstrated by the applicant that, in addition to all other applicable criteria, the development or subdivision of lands on or adjacent to the banks of a stream will, whenever feasible, maintain the natural condition of the stream, and will not endanger the health, safety, or welfare of the public or of adjoining landowners.

(F) Shorelines. A permit will be granted whenever it is demonstrated by the applicant that, in addition to all other criteria, the development or subdivision of shorelines must of necessity be located on a shoreline in order to fulfill the purpose of the development or subdivision, and the development or subdivision will, insofar as possible and reasonable in light of its purpose:

(i) retain the shoreline and the waters in their natural condition;

(ii) allow continued access to the waters and the recreational opportunities provided by the waters;

(iii) retain or provide vegetation which will screen the development or subdivision from the waters; and

(iv) stabilize the bank from erosion, as necessary, with vegetation cover.

(G) Wetlands. A permit will be granted whenever it is demonstrated by the applicant, in addition to other criteria, that the development or subdivision will not violate the rules of the Secretary of Natural Resources, as adopted under chapter 37 of this title, relating to significant wetlands.

(2) Does have sufficient water available for the reasonably foreseeable needs of the subdivision or development.

(3) Will not cause an unreasonable burden on an existing water supply, if one is to be utilized.

(4) Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result.

(5)(A) Will not cause unreasonable congestion or unsafe conditions with respect to use of the highways, waterways, railways, airports and airways, and other means of transportation existing or proposed.

(B) As appropriate, will incorporate transportation demand management strategies and provide safe access and connections to adjacent lands and facilities and to existing and planned pedestrian, bicycle, and transit networks and services. In determining appropriateness under this subdivision (B), the District Commission shall consider whether such a strategy, access, or connection constitutes a measure that a reasonable person would take given the type, scale, and transportation impacts of the proposed development or subdivision.

(6) Will not cause an unreasonable burden on the ability of a municipality to provide educational services.

(7) Will not place an unreasonable burden on the ability of the local governments to provide municipal or governmental services.

[Subdivision (a)(8) effective until December 31, 2026; see also subdivision (a)(8) effective December 31, 2026 set out below.]

(8) Will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, or rare and irreplaceable natural areas.

(A) Necessary wildlife habitat and endangered species. A permit will not be granted if it is demonstrated by any party opposing the applicant that a development or subdivision will destroy or significantly imperil necessary wildlife habitat or any endangered species; and

(i) the economic, social, cultural, recreational, or other benefit to the public from the development or subdivision will not outweigh the economic, environmental, or recreational loss to the public from the destruction or imperilment of the habitat or species; or

(ii) all feasible and reasonable means of preventing or lessening the destruction, diminution, or imperilment of the habitat or species have not been or will not continue to be applied; or

(iii) a reasonably acceptable alternative site is owned or controlled by the applicant which would allow the development or subdivision to fulfill its intended purpose.

[Subdivision (a)(8) effective December 31, 2026; see also subdivision (a)(8) effective until December 31, 2026 set out above.]

(8) Ecosystem protection; scenic beauty; historic sites.

(A) Scenic beauty, historic sites, and rare and irreplaceable natural areas. Will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, or rare and irreplaceable natural areas.

(B) Necessary wildlife habitat and endangered species. A permit will not be granted if it is demonstrated by any party opposing the applicant that a development or subdivision will destroy or significantly imperil necessary wildlife habitat or any endangered species:

(i) the economic, social, cultural, recreational, or other benefit to the public from the development or subdivision will not outweigh the economic, environmental, or recreational loss to the public from the destruction or imperilment of the habitat or species;

(ii) all feasible and reasonable means of preventing or lessening the destruction, diminution, or imperilment of the habitat or species have not been or will not continue to be applied; or

(iii) a reasonably acceptable alternative site is owned or controlled by the applicant which would allow the development or subdivision to fulfill its intended purpose.

(C) Forest blocks and habitat connectors. A permit will not be granted for a development or subdivision within or partially within a forest block or habitat connector unless the applicant demonstrates that a project will not result in an undue adverse impact on the forest block or habitat connector. If a project as proposed would result in an undue adverse impact, a permit may only be granted if effects are avoided, minimized, or mitigated as allowed in accordance with rules adopted by the Board.

(9) Is in conformance with a duly adopted capability and development plan, and land use plan when adopted. However, the legislative findings of subdivisions 7(a)(1) through (19) of Act 85 of 1973 shall not be used as criteria in the consideration of applications by a District Commission.

(A) Impact of growth. In considering an application, the District Commission shall take into consideration the growth in population experienced by the town and region in question and whether or not the proposed development would significantly affect their existing and potential financial capacity to reasonably accommodate both the total growth and the rate of growth otherwise expected for the town and region and the total growth and rate of growth which would result from the development if approved. After considering anticipated costs for education, highway access and maintenance, sewage disposal, water supply, police and fire services, and other factors relating to the public health, safety, and welfare, the District Commission shall impose conditions which prevent undue burden upon the town and region in accommodating growth caused by the proposed development or subdivision. Notwithstanding section 6088 of this title, the burden of proof that proposed development will significantly affect existing or potential financial capacity of the town and region to accommodate such growth is upon any party opposing an application, excepting however, where the town has a duly adopted capital improvement program the burden shall be on the applicant.

(B) Primary agricultural soils. A permit will be granted for the development or subdivision of primary agricultural soils only when it is demonstrated by the applicant that, in addition to all other applicable criteria, either, the subdivision or development will not result in any reduction in the agricultural potential of the primary agricultural soils; or:

(i) the development or subdivision will not significantly interfere with or jeopardize the continuation of agriculture or forestry on adjoining lands or reduce their agricultural or forestry potential;

(ii) except in the case of an application for a project located in a designated area listed in subdivision 6093(a)(1) of this title, there are no lands other than primary agricultural soils owned or controlled by the applicant which are reasonably suited to the purpose of the development or subdivision;

(iii) except in the case of an application for a project located in a designated area listed in subdivision 6093(a)(1) of this title, the subdivision or development has been planned to minimize the reduction of agricultural potential of the primary agricultural soils through innovative land use design resulting in compact development patterns, so that the remaining primary agricultural soils on the project tract are capable of supporting or contributing to an economic or commercial agricultural operation; and

(iv) suitable mitigation will be provided for any reduction in the agricultural potential of the primary agricultural soils caused by the development or subdivision, in accordance with section 6093 of this title and rules adopted by the Land Use Review Board.

(C) Productive forest soils. A permit will be granted for the development or subdivision of productive forest soils only when it is demonstrated by the applicant that, in addition to all other applicable criteria, either, the subdivision or development will not result in any reduction in the potential of those soils for commercial forestry; or:

(i) the development or subdivision will not significantly interfere with or jeopardize the continuation of agriculture or forestry on adjoining lands or reduce their agricultural or forestry potential; and

(ii) except in the case of an application for a project located in a designated growth center, there are no lands other than productive forest soils owned or controlled by the applicant which are reasonably suited to the purpose of the development or subdivision; and

(iii) except in the case of an application for a project located in a designated growth center, the subdivision or development has been planned to minimize the reduction of the potential of those productive forest soils through innovative land use design resulting in compact development patterns, so that the remaining forest soils on the project tract may contribute to a commercial forestry operation.

(D) Earth resources. A permit will be granted whenever it is demonstrated by the applicant, in addition to all other applicable criteria, that the development or subdivision of lands with high potential for extraction of mineral or earth resources, will not prevent or significantly interfere with the subsequent extraction or processing of the mineral or earth resources.

(E) Extraction of earth resources. A permit will be granted for the extraction or processing of mineral and earth resources, including fissionable source material:

(i) When it is demonstrated by the applicant that, in addition to all other applicable criteria, the extraction or processing operation and the disposal of waste will not have an unduly harmful impact upon the environment or surrounding land uses and development; and

(ii) Upon approval by the District Commission of a site rehabilitation plan that ensures that upon completion of the extracting or processing operation the site will be left by the applicant in a condition suited for an approved alternative use or development. A permit will not be granted for the recovery or extraction of mineral or earth resources from beneath natural water bodies or impoundments within the State, except that gravel, silt, and sediment may be removed pursuant to the rules of the Agency of Natural Resources, and natural gas and oil may be removed pursuant to the rules of the Natural Gas and Oil Resources Board.

(F) Energy conservation. A permit will be granted when it has been demonstrated by the applicant that, in addition to all other applicable criteria, the planning and design of the subdivision or development reflect the principles of energy conservation, including reduction of greenhouse gas emissions from the use of energy, and incorporate the best available technology for efficient use or recovery of energy. An applicant seeking an affirmative finding under this criterion shall provide evidence that the subdivision or development complies with the applicable building energy standards under 30 V.S.A. § 51 or 53.

(G) Private utility services. A permit will be granted for a development or subdivision which relies on privately owned utility services or facilities, including central sewage or water facilities and roads, whenever it is demonstrated by the applicant that, in addition to all other applicable criteria, the privately owned utility services or facilities are in conformity with a capital program or plan of the municipality involved, or adequate surety is provided to the municipality and conditioned to protect the municipality in the event that the municipality is required to assume the responsibility for the services or facilities.

(H) Costs of scattered development. The District Commission will grant a permit for a development or subdivision which is not physically contiguous to an existing settlement whenever it is demonstrated that, in addition to all other applicable criteria, the additional costs of public services and facilities caused directly or indirectly by the proposed development or subdivision do not outweigh the tax revenue and other public benefits of the development or subdivision such as increased employment opportunities or the provision of needed and balanced housing accessible to existing or planned employment centers.

(J) Public utility services. A permit will be granted for a development or subdivision whenever it is demonstrated that, in addition to all other applicable criteria, necessary supportive governmental and public utility facilities and services are available or will be available when the development is completed under a duly adopted capital program or plan, an excessive or uneconomic demand will not be placed on such facilities and services, and the provision of such facilities and services has been planned on the basis of a projection of reasonable population increase and economic growth.

(K) Development affecting public investments. A permit will be granted for the development or subdivision of lands adjacent to governmental and public utility facilities, services, and lands, including highways, airports, waste disposal facilities, office and maintenance buildings, fire and police stations, universities, schools, hospitals, prisons, jails, electric generating and transmission facilities, oil and gas pipe lines, parks, hiking trails and forest and game lands, when it is demonstrated that, in addition to all other applicable criteria, the development or subdivision will not unnecessarily or unreasonably endanger the public or quasi-public investment in the facility, service, or lands, or materially jeopardize or interfere with the function, efficiency, or safety of, or the public’s use or enjoyment of or access to the facility, service, or lands.

(L) Settlement patterns. To promote Vermont’s historic settlement pattern of compact village and urban centers separated by rural countryside, a permit will be granted for a development or subdivision outside an existing settlement when it is demonstrated by the applicant that, in addition to all other applicable criteria, the development or subdivision:

(i) will make efficient use of land, energy, roads, utilities, and other supporting infrastructure; and

(ii)(I) will not contribute to a pattern of strip development along public highways; or

(II) if the development or subdivision will be confined to an area that already constitutes strip development, will incorporate infill as defined in 24 V.S.A. § 2791 and is designed to reasonably minimize the characteristics listed in the definition of strip development under subdivision 6001(36) of this title.

(10) Is in conformance with any duly adopted local or regional plan or capital program under 24 V.S.A. chapter 117. In making this finding, if the District Commission finds applicable provisions of the town plan to be ambiguous, the District Commission, for interpretive purposes, shall consider bylaws, but only to the extent that they implement and are consistent with those provisions, and need not consider any other evidence.

(b) At the request of an applicant, or upon its own motion, the District Commission shall consider whether to review any criterion or group of criteria of subsection (a) of this section before proceeding to or continuing to review other criteria. This request or motion may be made at any time prior to or during the proceedings. The District Commission, in its sole discretion, shall, within 20 days of the completion of deliberations on the criteria that are the subject of the request or motion, either issue its findings and decision thereon, or proceed to a consideration of the remaining criteria.

(c)(1) Permit conditions. A permit may contain such requirements and conditions as are allowable proper exercise of the police power and that are appropriate within the respect to subdivisions (a)(1) through (10) of this section, including those set forth in 24 V.S.A. §§ 4414(4), 4424(a)(2), 4414(1)(D)(i), 4463(b), and 4464, the dedication of lands for public use, and the filing of bonds to ensure compliance. The requirements and conditions incorporated from Title 24 may be applied whether or not a local plan has been adopted. General requirements and conditions may be established by rule of the Land Use Review Board.

(2) Permit conditions on a wood products manufacturer.

(A) When issuing a permit with conditions on wood products manufacturing and delivery, the District Commission shall account for the seasonal, weather-dependent, land-dependent, and varied conditions unique to the industry.

(B) A permit condition that sets hours of operation for a wood products manufacturer shall only be imposed to mitigate an impact under subdivision (a)(1), (5), or (8) of this section. If an adverse impact would result, a permit with conditions shall allow the manufacturer to operate while allowing for flexible timing of deliveries of wood products from forestry operations to the manufacturer outside permitted hours of operation, including nights, weekends, and holidays, for the number of days demonstrated by the manufacturer as necessary to enable deliveries, not to exceed 90 days per year.

(C) Permit with conditions on the delivery of wood heat fuels. A permit with conditions issued to a wood products manufacturer that produces wood chips, pellets, cord wood, or other fuel wood used for heat shall allow for flexible delivery of that fuel wood from the manufacturer to the end user outside permitted hours of operation, including nights, weekends, and holidays, from October 1 through April 30 of each year. Permits with conditions shall mitigate the undue adverse impacts while enabling deliveries by the manufacturer.

(D) Permit amendments. A wood products manufacturer holding a permit may request an amendment to existing permit conditions related to hours of operation and seasonal restrictions to be consistent with subdivisions (B) and (C) of this subsection (c). Requests for condition amendments under this subsection shall not be subject to Act 250 Rule 34(E).

(d) The Land Use Review Board may by rule allow the acceptance of a permit or permits or approval of any State agency with respect to subdivisions (a)(1) through (5) of this section or a permit or permits of a specified municipal government with respect to subdivisions (a)(1) through (7) and (9) and (10) of this section, or a combination of such permits or approvals, in lieu of evidence by the applicant. A District Commission, in accordance with rules adopted by the Board, shall accept determinations issued by a development review board under the provisions of 24 V.S.A. § 4420, with respect to local Act 250 review of municipal impacts. The acceptance of such approval, positive determinations, permit, or permits shall create a presumption that the application is not detrimental to the public health and welfare with respect to the specific requirement for which it is accepted. In the case of approvals and permits issued by the Agency of Natural Resources, technical determinations of the Agency shall be accorded substantial deference by the Commissions. The acceptance of negative determinations issued by a development review board under the provisions of 24 V.S.A. § 4420, with respect to local Act 250 review of municipal impacts, shall create a presumption that the application is detrimental to the public health and welfare with respect to the specific requirement for which it is accepted. Any determinations, positive or negative, under the provisions of 24 V.S.A. § 4420 shall create presumptions only to the extent that the impacts under the criteria are limited to the municipality issuing the decision. Such a rule may be revoked or amended pursuant to the procedures set forth in 3 V.S.A. chapter 25, the Vermont Administrative Procedure Act. The rules adopted by the Board shall not approve the acceptance of a permit or approval of such an agency or a permit of a municipal government unless it satisfies the appropriate requirements of subsection (a) of this section.

(e) This subsection shall apply with respect to a development that consists of the construction of temporary physical improvements for the purpose of producing films, television programs, or advertisements. These improvements shall be considered “temporary improvements” if they remain in place for less than one year, unless otherwise extended by the permit or a permit amendment, and will not cause a long-term adverse impact under any of the 10 criteria after completion of the project. In situations where this subsection applies, jurisdiction under this chapter shall not continue after the improvements are no longer in place and the conditions in the permit have been met, provided there is not a long-term adverse impact under any of the 10 criteria after completion of the project; except, however, if jurisdiction is otherwise established under this chapter, this subsection shall not remove jurisdiction. This termination of jurisdiction in these situations does not represent legislative intent with respect to continuing jurisdiction over other types of development not specified in this subsection.

(f) Prior to any appeal of a permit issued by a District Commission, any aggrieved party may file a request for a stay of construction with the District Commission together with a declaration of intent to appeal the permit. The stay request shall be automatically granted for 14 days upon receipt and notice to all parties and pending a ruling on the merits of the stay request pursuant to Board rules. The automatic stay shall not extend beyond the 30-day appeal period unless a valid appeal has been filed with the Environmental Division. The automatic stay may be granted only once under this subsection during the 30-day appeal period. Following appeal of the District Commission decision, any stay request must be filed with the Environmental Division pursuant to the provisions of chapter 220 of this title. A District Commission shall not stay construction authorized by a permit processed under the Board’s minor application procedures.

(g) If a municipality fails to respond to a request by the applicant within 90 days as to the impacts related to subdivision (a)(6) or (7) of this section, the application will be presumed not to have an unreasonable burden on educational, municipal, or governmental services.

(h) Compliance self-certification. The District Commission may require that a person who receives a permit under this chapter report on a regular schedule to the District Commission on whether or not the person has complied with and is in compliance with the conditions required in that permit. The report shall be made on a form provided by the Board and contain a self-certification to the truth of statements.

(Added 1969, No. 250 (Adj. Sess.), § 12, eff. April 4, 1970; amended 1973, No. 85, § 10; 1973, No. 195 (Adj. Sess.), § 3, eff. April 2, 1974; 1979, No. 123 (Adj. Sess.), § 5, eff. April 14, 1980; 1981, No. 240 (Adj. Sess.), § 7, eff. April 28, 1982; 1985, No. 52, § 4, eff. May 15, 1985; 1985, No. 188 (Adj. Sess.), § 5; 1987, No. 76, § 18; 1989, No. 234 (Adj. Sess.), § 1; 1989, No. 280 (Adj. Sess.), § 13; 1993, No. 232 (Adj. Sess.), § 32, eff. March 15, 1995; 2001, No. 40, §§ 6-9; 2003, No. 115 (Adj. Sess.), § 56, eff. Jan. 31, 2005; 2005, No. 183 (Adj. Sess.), § 7; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 138 (Adj. Sess.), §§ 16, 27, eff. May 14, 2012; 2013, No. 11, § 25; 2013, No. 89, §§ 10, 11; 2013, No. 147 (Adj. Sess.), § 2, eff. June 1, 2014; 2015, No. 51, § F.7; 2021, No. 170 (Adj. Sess.), § 22, eff. July 1, 2022; 2021, No. 182 (Adj. Sess.), §§ 33, 34, 36, eff. July 1, 2022; 2023, No. 181 (Adj. Sess.), § 8, eff. June 17, 2024; 2023, No. 181 (Adj. Sess.), § 13, eff. December 31, 2026.)

§ 6086a Generators of radioactive waste

No land use permit will be issued for a development which generates low-level radioactive waste unless it shows that it will have access to a low-level radioactive waste disposal facility and that the facility is expected to have sufficient capacity for the waste.

(Added 1989, No. 296 (Adj. Sess.), § 7, eff. June 29, 1990.)

§ 6086b Downtown development; findings; master plan permits

(a) Findings and conclusions. Notwithstanding any provision of this chapter to the contrary, each of the following shall apply to a development or subdivision that is completely within a downtown development district designated under 24 V.S.A. chapter 76A and for which a permit or permit amendment would otherwise be required under this chapter:

(1) In lieu of obtaining a permit or permit amendment, a person may request findings and conclusions from the District Commission, which shall approve the request if it finds that the development or subdivision will meet subdivisions 6086(a)(1) (air and water pollution), (2) (sufficient water available), (3) (burden on existing water supply), (4) (soil erosion), (5) (traffic), (8) (aesthetics, historic sites, rare and irreplaceable natural areas), (8)(A) (endangered species; necessary wildlife habitat), (9)(B) (primary agricultural soils), (9)(C) (productive forest soils), (9)(F) (energy conservation), and (9)(K) (public facilities, services, and lands) of this title.

(2) The request shall be complete as to the criteria listed in subdivision (1) of this subsection and need not address other criteria of subsection 6086(a) of this title.

(A) The requestor shall file the request in accordance with the requirements of subsection 6084(a) of this title and the requestor shall provide a copy of the request to each agency and department listed in subdivision (3) of this section.

(B) Within 10 days of the request’s filing, the District Coordinator shall determine whether the request is complete. Within 10 days of the date the District Coordinator determines the request to be complete, the District Commission shall provide notice of the complete request to each person required to receive a copy of the filing under subdivision (2)(A) of this section and to each adjoining property owner and shall post the notice and a copy of the request on the Board’s web page.

(3) Within 30 days of receiving notice of a complete request:

(A) The State Historic Preservation Officer or designee shall submit a written recommendation on whether the improvements will have an undue adverse effect on any historic site.

(B) The Commissioner of Public Service or designee shall submit a written recommendation on whether the improvements will meet or exceed the applicable energy conservation and building energy standards under subdivision 6086(a)(9)(F) of this title.

(C) The Secretary of Transportation or designee shall submit a written recommendation on whether the improvements will have a significant impact on any highway, transportation facility, or other land or structure under the Secretary’s jurisdiction.

(D) The Commissioner of Buildings and General Services or designee shall submit a written recommendation on whether the improvements will have a significant impact on any adjacent land or facilities under the Commissioner’s jurisdiction.

(E) The Secretary of Natural Resources or designee shall submit a written recommendation on whether the improvements will have a significant impact on any land or facilities under its jurisdiction or on any important natural resources, other than primary agricultural soils. In this subdivision (E), “important natural resources” shall have the same meaning as under 24 V.S.A. § 2791.

(F) The Secretary of Agriculture, Food and Markets or designee shall submit a written recommendation on whether the improvements will reduce or convert primary agricultural soils and on whether there will be appropriate mitigation for any reduction in or conversion of those soils.

(4) Any person may submit written comments or ask for a hearing within 30 days of the date on which the District Commission issues notice of a complete request. If the person asks for a hearing, the person shall include a petition for party status in the submission. The petition for party status shall meet the requirements of subdivision 6085(c)(2) of this title.

(5) The District Commission shall not hold a hearing on the request unless it determines that there is a substantial issue under one or more applicable criteria that requires a hearing. The District Commission shall hold any hearing within 20 days of the end of the comment period specified in subdivisions (3) and (4) of this section. Subdivisions 6085(c)(1)-(5) of this title shall govern participation in a hearing under this section.

(6) The District Commission shall issue a decision within 60 days of issuing notice of a complete request under this section or, if it holds a hearing, within 15 days of adjourning the hearing. The District Commission shall send a copy of the decision to each State agency listed in subdivision (3) of this section, to the municipality, to the municipal and regional planning commissions for the municipality, and to each person that submitted a comment, requested a hearing, or participated in the hearing, if any. The decision may include conditions that meet the standards of subsection 6086(c) of this title.

(7) The requestor may waive the time periods required under subdivisions (3), (4), and (6) of this section as to one or more agencies, departments, the District Commission, the District Coordinator, or other persons. Such a waiver shall extend the applicable and subsequent time periods by the amount of time waived. In the absence of a waiver under this subdivision, the failure of a State agency to file a written determination or a person to submit a comment or ask for a hearing within the time periods specified in subdivisions (3) and (4) of this section shall not delay the District Commission’s issuance of a decision on a complete request.

(b) Master plan permits.

(1) Any municipality within which a downtown development district or neighborhood development area has been formally designated pursuant to 24 V.S.A. chapter 76A may apply to the District Commission for a master plan permit for that area or any portion of that area pursuant to the rules of the Board. Municipalities making an application under this subdivision are not required to exercise ownership of or control over the affected property.

(2) Subsequent development of an individual lot within the area of the master plan permit that requires a permit under this chapter shall take the form of a permit amendment.

(3) In neighborhood development areas, subsequent master plan permit amendments shall only be issued for development that is housing.

(4) In approving a master plan permit and amendments, the District Commission may include specific conditions that an applicant for an individual project permit shall be required to meet.

(5) For a master plan permit issued pursuant to this section, an application for an amendment may use the findings issued in the master plan permit as a rebuttable presumption to comply within any applicable criteria under subsection 6086(a) of this title.

(Added 2013, No. 147 (Adj. Sess.), § 3, eff. June 1, 2014; amended 2021, No. 170 (Adj. Sess.), § 23, eff. July 1, 2022; 2023, No. 47, § 17, eff. July 1, 2023.)

§ 6087 Denial of application

(a) No application shall be denied by the District Commission unless it finds the proposed subdivision or development detrimental to the public health, safety, or general welfare.

(b) A permit may not be denied solely for the reasons set forth in subdivisions 6086(a)(5), (6), and (7) of this title. However, reasonable conditions and requirements allowable in subsection 6086(c) of this title may be attached to alleviate the burdens created.

(c) A denial of a permit shall contain the specific reasons for denial. A person may, within six months, apply for reconsideration of his or her permit which application shall include an affidavit to the District Commission and all parties of record that the deficiencies have been corrected. The District Commission shall hold a new hearing upon 25 days’ notice to the parties. The hearing shall be held within 40 days of receipt of the request for reconsideration.

(Added 1969, No. 250 (Adj. Sess.), § 12, eff. April 4, 1970; amended 2003, No. 115 (Adj. Sess.), § 57, eff. Jan. 31, 2005.)

§ 6088 Burden of proof

(a) The burden shall be on the applicant with respect to subdivisions 6086(a)(1), (2), (3), (4), (9), and (10) of this title.

(b) The burden shall be on any party opposing the applicant with respect to subdivisions 6086(a)(5) through (8) of this title to show an unreasonable or adverse effect.

(Added 1969, No. 250 (Adj. Sess.), § 13, eff. April 4, 1970.)

§ 6089 Appeals

Appeals of any act or decision of a District Commission under this chapter or a district coordinator under subsection 6007(c) of this title shall be made to the Environmental Division in accordance with chapter 220 of this title. For the purpose of this section, a decision of the Chair of a District Commission under section 6001e of this title on whether action has been taken to circumvent the requirements of this chapter shall be considered an act or decision of the District Commission.

(Added 1969, No. 250 (Adj. Sess.), § 14, eff. April 4, 1970; amended 1973, No. 85, § 12; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1985, No. 52, § 1, eff. May 15, 1985; 1987, No. 76, § 10a; 1993, No. 232 (Adj. Sess.), § 34, eff. March 15, 1995; 1997, No. 155 (Adj. Sess.), § 28; 2003, No. 115 (Adj. Sess.), § 58, eff. Jan. 31, 2005; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 11, § 14; 2015, No. 150 (Adj. Sess.), § 34, eff. May 31, 2016.)

§ 6090 Recording; duration and revocation of permits

(a) In order to afford adequate notice of the terms and conditions of land use permits, permit amendments and revocations of permits, they shall be recorded in local land records. Recordings under this chapter shall be indexed as though the permittee were the grantor of a deed.

(b)(1) Any permit granted under this chapter for extraction of mineral resources, operation of solid waste disposal facilities, or logging above 2,500 feet shall be for a specified period determined by the Board in accordance with the rules adopted under this chapter as a reasonable projection of the time during which the land will remain suitable for use if developed or subdivided as contemplated in the application and with due regard for the economic considerations attending the proposed development or subdivision. Other permits issued under this chapter shall be for an indefinite term, as long as there is compliance with the conditions of the permit.

(2) Expiration dates contained in permits issued before July 1, 1994 (involving developments that are not for extraction of mineral resources, operation of solid waste disposal facilities, or logging above 2,500 feet) are extended for an indefinite term, as long as there is compliance with the conditions of the permits.

(c) [Repealed.]

(Added 1969, No. 250 (Adj. Sess.), § 16, eff. April 4, 1970; amended 1985, No. 32; 1993, No. 232 (Adj. Sess.), § 35, eff. June 21, 1994; 2003, No. 115 (Adj. Sess.), § 119(b).)

§ 6091 Renewals and nonuse

(a) Renewal. At the expiration of each permit, it may be renewed under the same procedure herein specified for an original application.

(b) Nonuse of permit. Nonuse of a permit for a period of three years following the date of issuance shall constitute an abandonment of the development or subdivision and the permit shall be considered expired. For purposes of this section, for a permit to be considered “used,” construction must have commenced and substantial progress toward completion must have occurred within the three-year period, unless construction is delayed by litigation or proceedings to secure other permits or to secure title through foreclosure, or unless, at the time the permit is issued or in a subsequent proceeding, the District Commission provides that substantial construction may be commenced more than three years from the date the permit is issued.

(c) Extensions. If the application is made for an extension prior to expiration, the District Commission may grant an extension and may waive the necessity of a hearing.

(d) Completion dates for developments and subdivisions. Permits shall include dates by which there shall be full or phased completion. The “Land Use Review Board, by rule, shall establish requirements for review of those portions of developments and subdivisions that fail to meet their completion dates, giving due consideration to fairness to the parties involved, competing land use demands, and cumulative impacts on the resources involved. If completion has been delayed by litigation, proceedings to secure other permits, proceedings to secure title through foreclosure, or because of market conditions, the District Commission shall provide that the completion dates be extended for a reasonable period of time.

(Added 1969, No. 250 (Adj. Sess.), § 17, eff. April 4, 1970; amended 1991, No. 111, § 2 eff. June 28, 1991; 1993, No. 232 (Adj. Sess.), § 36, eff. June 21, 1994; 2003, No. 115 (Adj. Sess.), § 59, eff. January 31, 2005; 2013, No. 11, § 25.)

§ 6092 Construction

In the event that the federal government preempts part of the activity regulated by this chapter, this chapter shall be construed to regulate activity that has not been preempted.

(Added 1979, No. 123 (Adj. Sess.), § 7, eff. April 14, 1980.)

§ 6093 Mitigation of primary agricultural soils

(a) Mitigation for loss of primary agricultural soils. Suitable mitigation for the conversion of primary agricultural soils necessary to satisfy subdivision 6086(a)(9)(B)(iv) of this title shall depend on where the project tract is located.

(1) Project located in certain designated areas. This subdivision applies to projects located in the following areas designated under 24 V.S.A. chapter 76A: a downtown development district, a growth center, a new town center designated on or before January 1, 2014, and a neighborhood development area associated with a designated downtown development district. If the project tract is located in one of these designated areas, an applicant who complies with subdivision 6086(a)(9)(B)(iv) of this title shall deposit an offsite mitigation fee into the Vermont Housing and Conservation Trust Fund established under section 312 of this title for the purpose of preserving primary agricultural soils of equal or greater value with the highest priority given to preserving prime agricultural soils as defined by the U.S. Department of Agriculture. Any required offsite mitigation fee shall be derived by:

(A) Determining the number of acres of primary agricultural soils affected by the proposed development or subdivision.

(B) Multiplying the number of affected acres of primary agricultural soils by a factor resulting in a ratio established as follows:

(i) For development or subdivision within a designated area described in this subdivision (a)(1), the ratio shall be 1:1.

(ii) For residential construction that has a density of at least eight units of housing per acre, of which at least eight units per acre or at least 40 percent of the units, on average, in the entire development or subdivision, whichever is greater, meets the definition of affordable housing established in this chapter, no mitigation shall be required, regardless of location in or outside a designated area described in this subdivision (a)(1). However, all affordable housing units shall be subject to housing subsidy covenants, as defined in 27 V.S.A. § 610, that preserve their affordability for a period of 99 years or longer. As used in this section, housing that is rented shall be considered affordable housing when its inhabitants have a gross annual household income that does not exceed 60 percent of the county median income or 60 percent of the standard metropolitan statistical area income if the municipality is located in such an area.

(C) Multiplying the resulting product by a “price-per-acre” value, which shall be based on the amount that the Secretary of Agriculture, Food and Markets has determined to be the recent, per-acre cost to acquire conservation easements for primary agricultural soils in the same geographic region as the proposed development or subdivision.

(2) Project located outside certain designated areas. If the project tract is not located in a designated area described in subdivision (1) of this subsection, mitigation shall be provided on site in order to preserve primary agricultural soils for present and future agricultural use, with special emphasis on preserving prime agricultural soils. Preservation of primary agricultural soils shall be accomplished through innovative land use design resulting in compact development patterns that will maintain a sufficient acreage of primary agricultural soils on the project tract capable of supporting or contributing to an economic or commercial agricultural operation and shall be enforceable by permit conditions issued by the District Commission. The number of acres of primary agricultural soils to be preserved shall be derived by:

(A) Determining the number of acres of primary agricultural soils affected by the proposed development or subdivision.

(B) Multiplying the number of affected acres of primary agricultural soils by a factor based on the quality of those primary agricultural soils, and other factors as the Secretary of Agriculture, Food and Markets may deem relevant, including the soil’s location; accessibility; tract size; existing agricultural operations; water sources; drainage; slope; the presence of ledge or protected wetlands; the infrastructure of the existing farm or municipality in which the soils are located; and the NRCS rating system for Vermont soils. This factor shall result in a ratio of no less than 2:1, but no more than 3:1, protected acres to acres of impacted primary agricultural soils.

(3) Mitigation flexibility.

(A) Notwithstanding the provisions of subdivision (a)(1) of this section pertaining to a development or subdivision on primary agricultural soils within certain designated areas, the District Commission may, in appropriate circumstances, require on-site mitigation with special emphasis on preserving prime agricultural soils if that action is deemed consistent with the agricultural elements of local and regional plans and the goals of 24 V.S.A. § 4302. In this situation, the approved plans must designate specific soils that shall be preserved inside a designated area described in subdivision (a)(1) of this section. For projects located within such a designated area, all factors used to calculate suitable mitigation acreage or fees, or some combination of these measures, shall be as specified in this subsection, subject to a ratio of 1:1.

(B) Notwithstanding the provisions of subdivision (a)(2) of this section pertaining to a development or subdivision on primary agricultural soils outside a designated area described in subdivision (a)(1) of this section, the District Commission may, in appropriate circumstances, approve off-site mitigation or some combination of on-site and off-site mitigation if that action is deemed consistent with the agricultural elements of local and regional plans and the goals of 24 V.S.A. § 4302. For projects located outside such a designated area, all factors used to calculate suitable mitigation acreage or fees, or some combination of these measures, shall be as specified in this subsection (a), subject to a ratio of no less than 2:1, but no more than 3:1.

(4) Industrial parks.

(A) Notwithstanding any provision of this chapter to the contrary, a conversion of primary agricultural soils located in an industrial park permitted under this chapter and in existence as of January 1, 2006, shall be allowed to pay a mitigation fee computed according to the provisions of subdivision (1) of this subsection (a), except that it shall be entitled to a ratio of 1:1 protected acres to acres of affected primary agricultural soil. If an industrial park is developed to the fullest extent before any expansion, this ratio shall apply to any contiguous expansion of such an industrial park that totals no more than 25 percent of the area of the park or no more than 10 acres, whichever is larger; provided any expansion based on percentage does not exceed 50 acres. Any expansion larger than that described in this subdivision shall be subject to the mitigation provisions of this subsection at ratios that depend upon the location of the expansion.

(B) In any application to a District Commission to amend a permit for an existing industrial park, the most efficient and full use of land shall be allowed consistent with all applicable criteria of subsection 6086(a) of this title. Industrial park expansions and industrial park infill shall not be subject to requirements established in subdivision 6086(a)(9)(B)(iii) or 6086(a)(9)(C)(iii) of this title.

(5) Wood products manufacturers. Notwithstanding any provision of this chapter to the contrary, a conversion of primary agricultural soils by a wood products manufacturing facility shall be allowed to pay a mitigation fee computed according to the provisions of subdivision (1) of this subsection, except that it shall be entitled to a ratio of 1:1 protected acres to acres of affected primary agricultural soil.

(b) Easements required for protected lands. All primary agricultural soils preserved for commercial or economic agricultural use by the Vermont Housing and Conservation Board pursuant to this section shall be protected by permanent conservation easements (grant of development rights and conservation restrictions) conveyed to a qualified holder, as defined in section 821 of this title, with the ability to monitor and enforce easements in perpetuity. Off-site mitigation fees may be used by the Vermont Housing and Conservation Board and shall be used by the Agency of Agriculture, Food and Markets to pay reasonable staff or transaction costs, or both, of the Board and Agency related to the preservation of primary agricultural soils or to the implementation of subdivision 6086(a)(9)(B) or section 6093 of this title.

(Added 2005, No. 183 (Adj. Sess.), § 8; amended 2007, No. 65, § 232a; 2013, No. 159 (Adj. Sess.), § 16a; 2013, No. 199 (Adj. Sess.), § 39; 2015, No. 97 (Adj. Sess.), § 29; 2023, No. 181 (Adj. Sess.), § 16, eff. June 17, 2024.)

Subchapter 5 Transportation Impact Fees

§ 6101 Purpose

The purpose of this subchapter is to provide a mechanism to allocate the costs to mitigate the impacts of land use projects to the transportation system in a manner that is equitable and that supports the planning goals of 24 V.S.A. § 4302.

(Added 2013, No. 145 (Adj. Sess.), § 2.)

§ 6102 Definitions

As used in this subchapter:

(1) “Agency” means the Agency of Transportation.

(2) “Capacity” means each of the following:

(A) the number of vehicles per hour accommodated by transportation infrastructure;

(B) the ability of transportation infrastructure to provide connectivity for pedestrians and cyclists; and

(C) the number of people that can be accommodated by bus at levels of service specified for each mode of travel.

(3) “Capital Transportation Program” means the multiyear transportation program under 19 V.S.A. § 10g as established each year by the General Assembly.

(4) “Capital transportation project” means:

(A) a physical improvement to the State transportation system or to a municipal highway, right-of-way, or transportation facility; and

(B) a study or survey requested or commissioned by a District Commission or the Agency relating to any physical improvement of one or more of the following:

(i) the State transportation system; and

(ii) a municipal highway, right-of-way, or transportation improvement or facility.

(5) “District Commission” shall have the same meaning as under section 6001 of this title except that the term also shall include the Board in exercising its authority to make findings of fact and conclusions of law.

(6) “Land use project” means any activity requiring a permit under this chapter or 19 V.S.A. § 1111.

(7) “Municipality” means a city, town, incorporated village, or unorganized town or gore.

(8) “Pass-by trips” means traffic that is present on a roadway adjacent to a land use project for reasons other than accessing the project and that enters the project.

(9) “Regional planning commission” shall have the same meaning as under 24 V.S.A. § 4303.

(10) “Secretary” means the Secretary of Transportation or designee.

(11) “State transportation system” means the highways, rights-of-way, and transportation facilities under the jurisdiction of the Agency or any other agency of the State and does not include highways, rights-of-way, and transportation facilities under the jurisdiction of a municipality.

(12) “Transportation Demand Management” or “TDM” means measures that reduce vehicle trips or redistribute vehicle trips to non-peak times or other areas. Examples include telecommuting, incentives to carpool or ride public transit, and staggered work shifts.

(13) “Transportation impact fee” means a fee that is assessed to a land use project as a condition of a permit issued under this chapter or a State highway access permit under 19 V.S.A. § 1111 and is used to support any portion of the costs of a completed or planned capital transportation project that will benefit or is attributable to the land use project.

(14) “Transportation Improvement District” or “TID” means a discrete geographic area that includes and will benefit from one or more capital transportation projects included in the Capital Transportation Program and for which the Agency has established a transportation impact fee under this subchapter.

(15) “Vehicle trips” means the number of trips by motorized conveyance generated by a proposed land use project measured at a specific place and for a specific duration. The ownership of and number of persons within the conveyance shall be irrelevant.

(Added 2013, No. 145 (Adj. Sess.), § 2.)

§ 6103 Authority

A District Commission or the Agency may assess a transportation impact fee in accordance with this subchapter.

(Added 2013, No. 145 (Adj. Sess.), § 2.)

§ 6104 Transportation impact fee; District Commission

(a) A District Commission may require payment of a transportation impact fee in accordance with section 6106 of this title to fund, in whole or in part, capital improvements that are necessary to mitigate the transportation impacts of a proposed development or subdivision or that benefit the proposed development or subdivision. The Agency shall review the application and recommend to the District Commission whether to require mitigation of the transportation impacts of the development or subdivision. The District Commission may require an applicant to pay the entire cost of a capital transportation project and may provide for reimbursement of the applicant by developments and subdivisions subsequently receiving permits or amended permits under this chapter that benefit from the capital transportation project. The period for reimbursement shall expire when the associated capital transportation project ceases to provide additional capacity.

(b) A District Commission may require an applicant for a development or subdivision within a TID to pay the transportation impact fee established by the Secretary if the Commission determines that the fee will fund, in whole or in part, improvements to mitigate transportation impacts of the development or subdivision.

(c) This subchapter shall apply to the exercise of authority by a District Commission under any permit condition issued pursuant to subdivision 6086(a)(5) of this title in which the District Commission has reserved the right to conduct proceedings that may result in assessment and collection of impact fees to support transportation improvements.

(d) The authority granted to the District Commissions under this subchapter is in addition to their other authority.

(Added 2013, No. 145 (Adj. Sess.), § 2.)

§ 6105 Transportation Improvement District and fee; Agency of Transportation

(a) The Secretary may establish a TID and transportation impact fee in accordance with this section and section 6106 of this title if one or more capital transportation projects in the most recent Capital Transportation Program will provide capacity that benefits one or more future land use projects within a discrete geographic area or will provide capacity for future land use projects identified by a regional planning commission or municipality within a discrete geographic area.

(b) To establish a TID and transportation impact fee, the Secretary shall cause the Agency to issue a proposed TID and transportation impact fee.

(1) In preparing the proposal, the Agency shall consult with each regional planning commission, municipality, and the public in which the TID will be located on the geographic extent of the TID, the land use assumptions to be used, the performance standards and the consistency of the proposal with each applicable municipal and regional plan.

(2) The Agency shall prepare a transportation infrastructure plan for the capital transportation project that identifies highway, transit, bicycle, and pedestrian infrastructure needs of a proposed TID. The Agency’s proposal shall identify the recommended geographic extent of the TID, the proposed performance standards within the TID, and the proposed transportation impact fee in accordance with section 6106 of this title.

(A) The infrastructure plan shall follow generally accepted planning and engineering standards.

(B) The performance standard for a TID shall be suitable for the area in which the TID is located.

(C) The proposed fee shall reflect a rational nexus between the needs that the transportation infrastructure plan is designed to meet and the benefits that will be provided or the impacts attributable to the proposed land use projects to which the fee will be assessed and shall be roughly proportional to those benefits or impacts.

(3) On issuance of the proposal, the Agency shall provide notice of a public hearing on the proposal before the Secretary. The notice shall include the date and location of the hearing, a description of the TID including the capital transportation project or projects, the TID’s geographic extent, and the proposed transportation impact fee. The Agency shall provide the notice to each property owner within the TID, the municipal legislative body and municipal and regional planning commissions for the area in which the TID is located, and shall publish the notice on its web page and in a newspaper of general circulation in the geographic area of the TID. The date of the public hearing shall be not less than 30 days after issuance and publication of the notice.

(4) The Secretary shall hold a public hearing and take testimony on the Agency’s proposal. The Secretary shall provide an opportunity for members of the public and affected property owners to testify.

(5) After completing the public hearing, the Secretary may approve, approve with revisions, or deny the Agency’s proposal. The Secretary’s approval shall establish the proposed TID and transportation impact fee, with any revisions required by the Secretary.

(c) The Secretary shall consider the following to establish the boundaries of a TID:

(1) the existing and planned pattern of development as set forth in the municipal or regional plans;

(2) the future land use projects to be served by the capital transportation projects that the TID will fund; and

(3) each land use project having transportation impacts that are mitigated by a capital transportation project to serve the TID.

(d) The Agency may assess a transportation impact fee to each land use project within a TID for which a State highway access permit is required under 19 V.S.A. § 1111. This subsection shall not apply to a development or subdivision requiring a permit under section 6081 of this title.

(e) The TID and transportation impact fee shall expire after the Secretary determines that the associated capital transportation project or projects no longer meet the approved performance standards.

(Added 2013, No. 145 (Adj. Sess.), § 2.)

§ 6106 Transportation impact fee; formula

(a) When assessing a transportation impact fee to a land use project, the Secretary shall apply a formula that reflects the performance standards for the TID, and the District Commission shall apply a formula that reflects those performance standards or the mitigation that the Commission determines is required to address the transportation impacts of the development or subdivision. In either case, the formula shall account for each of the following:

(1) the vehicle trips generated by the land use project estimated pursuant to a generally accepted methodology;

(2) the capital costs of highway infrastructure, pedestrian and bicycle facilities, public transportation, and other transportation infrastructure that benefit or mitigate the transportation impacts of the land use project;

(3) conditions not attributable to the transportation impacts of the land use project including forecasted growth in background traffic and existing infrastructure and capacity deficiencies;

(4) the proportional share of the capital costs of transportation infrastructure that provides benefit to or is attributable to the transportation impacts of the land use project and determined pursuant to a reasonably accepted methodology; and

(5) other funding sources available to finance the capital transportation project.

(b) When determining a transportation impact fee under this section for a land use project, the Secretary or the District Commission may adjust the result of the formula to account for one or more of the following:

(1) a traffic allocation, if any, set for the land use project by a prior permit;

(2) the net change in vehicle trip generation of a proposed land use project considering pass-by-trips and the amount of traffic already generated by the tract of land on which the land use project is to be located;

(3) municipal traffic impact fees paid by the applicant to the extent that those fees fund improvements on which the transportation impact fee is based;

(4) the fair market value of dedications of land, interests in land, or transportation infrastructure improvements provided by the developer to mitigate offsite traffic impacts;

(5) TDM programs offered by the applicant that reduce vehicle trips; and

(6) the siting of a proposed land use project in a downtown, village center, new town center, growth center, Vermont neighborhood, or neighborhood development area designated under 24 V.S.A. chapter 76A.

(c) A transportation impact fee for one or more capital transportation projects in a TID shall not exceed the portion of the cost of each capital transportation project that is required to mitigate the transportation impacts of the land use project and shall not include costs attributable to the operation, administration, or maintenance of the capital transportation project.

(d) An applicant may choose to fund the entire cost of a capital transportation project. An applicant for a permit under this chapter who chooses to fund the entire cost of a capital transportation project may request and the District Commission may authorize reimbursement in accordance with subsection 6104(a) of this title.

(e) In assessing a transportation impact fee to an applicant under this subchapter, the Agency or District Commission shall require the applicant to pay the transportation impact fee prior to commencement of construction of the applicant’s land use project and shall not require the applicant to delay commencement of construction of that project until construction of each capital transportation project for which the fee was assessed, unless the Agency or District Commission determines that the capital transportation project must first be built to address a transportation safety issue caused or exacerbated by the land use project. If a land use project is to be constructed in stages, the Agency or District Commission may approve payment of a proportionate amount of the fee prior to commencement of construction on each stage.

(Added 2013, No. 145 (Adj. Sess.), § 2.)

§ 6107 Transportation Improvement District Fund

(a) There is created a special fund within the Transportation Fund known as the Transportation Improvement District Fund. The Agency shall deposit into the District Fund each transportation impact fee it receives under this subchapter. The Agency shall administer the District Fund.

(b) Balances in the District Fund shall be expended only for the purposes authorized in this subchapter and shall not be used for the general obligations of government. All balances in the District Fund at the end of any fiscal year shall be carried forward and remain within the District Fund. Interest earned by the District Fund shall be deposited in the District Fund.

(c) The Agency shall provide to the Treasurer an annual accounting of each TID and associated transportation impact fee for that district showing the source, the amount collected, each project that was funded or that will be funded with the fee, and the amount expended.

(Added 2013, No. 145 (Adj. Sess.), § 2.)

§ 6108 Payment of fees

(a) An applicant shall pay a transportation impact fee assessed under this subchapter to the Agency, except that a District Commission may direct an applicant to pay a transportation impact fee to a municipality if the impacts of the applicant’s development or subdivision are limited to municipal highways and rights-of-way or other municipal transportation facilities.

(b) A municipality receiving a transportation impact fee under this subchapter shall place the fee into a separate account, with balances in the account carried forward from year to year and remaining within the account. Interest earned by the account shall be deposited into the account. The municipality shall provide to the voters an annual accounting of each fee received under this subchapter showing the source, the amount of each fee received, and each project that was funded or will be funded with the fee.

(Added 2013, No. 145 (Adj. Sess.), § 2.)

§ 6109 Unspent fee amounts; refunds

Within 15 years from the date of payment, a fee assessed under this subchapter shall be spent on the capital transportation project or projects in the appropriate TID or on the appropriate capital transportation project for which the fee was paid. If the Agency or municipality to which the fee was paid does not spend all or portion of the fee collected on the appropriate capital transportation project or projects, the applicant or its successors may apply to the Agency or municipality for a refund of the proportionate share of that fee within one year of the date on which the applicant’s right to claim the refund accrued.

(Added 2013, No. 145 (Adj. Sess.), § 2.)

§ 6110 Appeals

(a) A person aggrieved by a decision of the Secretary regarding the establishment of a TID or the transportation impact fee for the TID may appeal to the Civil Division of the Superior Court under Rule 74 of the Vermont Rules of Civil Procedure.

(b) A permit issued by the Agency under 19 V.S.A. § 1111 may be appealed in accordance with 19 V.S.A. § 5.

(c) Appeal of an act or decision of a District Commission under this subchapter shall be pursuant to section 6089 of this title.

(Added 2013, No. 145 (Adj. Sess.), § 2.)

§ 6111 Rulemaking

The Board and the Agency may adopt rules to implement the provisions of this subchapter.

(Added 2013, No. 145 (Adj. Sess.), § 2.)

Chapter 153 Mobile Home Parks

Subchapter 1 General Provisions

§ 6201 Definitions

As used in this chapter:

(1) “Mobile home” means:

(A) a structure or type of manufactured home, including the plumbing, heating, air-conditioning, and electrical systems contained in the structure, that is:

(i) built on a permanent chassis;

(ii) designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities;

(iii) transportable in one or more sections; and

(iv)(I) at least eight feet wide, 40 feet long, or when erected has at least 320 square feet; or

(II) if the structure was constructed prior to June 15, 1976, at least eight feet wide or 32 feet long; or

(B) any structure that meets all the requirements of this subdivision (1) except the size requirements, and for which the manufacturer voluntarily files a certification required by the U.S. Department of Housing and Urban Development and complies with the construction and safety standards established under Title 42 of the U.S. Code.

(C) [Repealed.]

(2) “Mobile home park” means any parcel of land under single or common ownership or control that contains, or is designed, laid out, or adapted to accommodate, more than two mobile homes. “Mobile home park” does not mean premises used solely for storage or display of mobile homes. Mobile home park does not mean any parcel of land under the ownership of an agricultural employer who may provide up to four mobile homes used by full-time workers or employees of the agricultural employer as a benefit or condition of employment or any parcel of land used solely on a seasonal basis for vacation or recreational mobile homes.

(3) “Public highway” means a public highway as defined in 19 V.S.A. § 1 except within the perimeter of a mobile home park.

(4) [Repealed.]

(5) “Leaseholder” means a resident lawfully occupying a mobile home owned by the park owner or the owner of a mobile home sited on a mobile home lot in a mobile home park regardless of whether the leaseholder has actual possession of a written lease.

(6) “Mobile home park resident” or “resident” means an individual, individuals, or family who occupies a mobile home on a permanent or temporary basis in a mobile home park as that term is defined in subdivision (2) of this section.

(7) “Mobile home park owner” or “park owner” means the owners, operators, officers, or managing agents of a mobile home park as well as any person acting through any corporate or other device who has the practical authority to establish rules, policies, or other requirements for the operation of the mobile home park. The term shall not include a stockholder for a corporation owning stock in a mobile home park unless such stockholder has a controlling interest in the corporation and has the practical authority to establish rules, policies, or other requirements for the operation of the mobile home park.

(8) “Department” means the Department of Housing and Community Development.

(9) “Good faith” means honesty in fact and the observance of reasonable standards and fair dealing, such that each party shall respond promptly and fairly to offers from the other party.

(10) “Lot rent” means a charge assessed on a mobile home park resident for the occupancy of a mobile home lot, but does not include charges permitted under section 6238 of this title.

(11) “Commissioner” means the Commissioner of Housing and Community Development.

(12) “Single or common ownership or control” means ownership or control by any person or persons and includes affiliations of individuals or entities, or both, that are formed in order to derive profit, consideration, or any other beneficial interest. The following individuals and entities shall be presumed not to be affiliated for beneficial interest unless there is substantial evidence of an intent to evade the purposes of this chapter:

(A) A stockholder in a corporation, if the stockholder and the stockholder’s spouse, parents, children, and siblings own, control, or have a beneficial interest in less than five percent of the outstanding shares in the corporation.

(B) An individual in the capacity as an agent and within the normal scope of the individual’s duties as a court appointed guardian, attorney, real estate broker or salesperson, engineer, or land surveyor, unless compensation received or beneficial interest obtained as a result of these duties indicates more than an agency relationship.

(C) A seller or chartered lending institution that only provides financing for all or a part of the purchase price at rates not substantially higher than prevailing lending rates in the community and subsequently grants a partial release of the security when the buyer establishes or maintains a mobile home park.

(13) “Flood hazard area” has the same meaning as in section 752 of this title.

(14) “Flood insurance rate map” means, for any mobile home park, the official flood insurance rate map describing that park published by the Federal Emergency Management Agency on its website.

(Added 1969, No. 291 (Adj. Sess.), § 3, eff. date, see note set out below; amended 1973, No. 264 (Adj. Sess.), § 1; 1989, No. 229 (Adj. Sess.), § 3; 1989, No. 235 (Adj. Sess.); 1993, No. 141 (Adj. Sess.), §§ 2, 20, eff. May 6, 1994; 1995, No. 33, §§ 4, 5, eff. June 1, 1995; 1997, No. 103 (Adj. Sess.), § 1, eff. April 23, 1998; 2001, No. 133 (Adj. Sess.), § 14, eff. June 13, 2002; 2003, No. 104 (Adj. Sess.), § 1; 2007, No. 176 (Adj. Sess.), § 53; 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012; 2019, No. 131 (Adj. Sess.), § 14; 2023, No. 181 (Adj. Sess.), § 105, eff. June 17, 2024.)

§ 6202 Repealed

[Repealed]

1995, No. 188 (Adj. Sess.), § 4.

§ 6203 Municipal acquisition of land for mobile home parks

Any municipality, or group of municipalities jointly, may acquire land for the purpose of encouraging the development of suitable mobile home parks under this chapter, and may lease or sell such land to private persons for that purpose, and may impose additional restrictions on the land conforming to the spirit of this chapter and acquired by a municipality under this section.

(Added 1969, No. 291 (Adj. Sess.), § 10, eff. date, see note under § 6201 of this title.)

§ 6204 Application of other laws and rules

(a) A municipality may impose more restrictive requirements on mobile home parks and mobile homes than are contained in this chapter to the extent it is authorized to do so under other legislation.

(b) Other applicable laws and rules that are more restrictive than this chapter shall prevail.

(c) To the extent that they are consistent with this chapter, the provisions of 9 V.S.A. chapter 137 (residential rental agreements) and the provisions of 12 V.S.A. chapter 169, subchapter 3 (eviction) shall apply to the occupancy and rental of a mobile home, and the provisions of 12 V.S.A. chapter 169, subchapter 3 (eviction) shall apply to the rental of a mobile home lot, except the rental of a mobile home lot shall be subject to the provisions of 12 V.S.A. chapter 169, relating to payment of rent into court.

(d) A mobile home occupied on the basis of a lease-purchase or rent-to-own contract, however named, shall be subject to the provisions of 9 V.S.A. § 2602(e).

(e) Notwithstanding any other provision of this section, where a mobile home park is a nonconforming use under local zoning regulations, its status regarding conformance or nonconformance shall apply to the parcel as a whole and not to any individual mobile home lot within the park. The vacancy of any individual mobile home lot shall not be considered a discontinuance or abandonment of the nonconforming use.

(f) This chapter shall not apply to the rental or use of campsites occupied for vacation or recreational purposes by camping units, such as: tents, yurts, tepees, lean-tos, camping cabins, and recreational vehicles, including motor homes, folding camping trailers, conventional travel trailers, fifth wheel travel trailers, truck campers, van campers, and conversion vehicles designed and used for travel, recreation, and camping.

(Added 1969, No. 291 (Adj. Sess.), § 4, eff. date, see note under § 6201 of this title; amended 1987, No. 252 (Adj. Sess.), § 2; 1993, No. 141 (Adj. Sess.), § 3, eff. May 6, 1994; 1999, No. 161 (Adj. Sess.), § 2; 2003, No. 104 (Adj. Sess.), § 5; 2007, No. 176 (Adj. Sess.), §§ 49, 54; 2007, No. 196 (Adj. Sess.), § 2; 2009, No. 140 (Adj. Sess.), § 3, eff. Sept. 1, 2010; 2019, No. 131 (Adj. Sess.), § 15.)

§ 6205 Enforcement; penalties

(a) A mobile home park owner who violates or fails to comply with a provision of this chapter violates 9 V.S.A. § 2453.

(b) If a mobile home park owner violates this chapter, the Department shall have the authority:

(1) to impose an administrative penalty of up to $5,000.00 per violation;

(2) to bring a civil action for damages or injunctive relief, or both, in the Superior Court for the unit in which a violation occurred; and

(3) to refer a violation to the Attorney General or State’s Attorney for enforcement pursuant to subsection (a) of this section.

(c)(1) A leaseholder may bring an action against the park owner for a violation of sections 6236-6243 of this title.

(2) The action shall be filed in the Superior Court for the unit in which the alleged violation occurred.

(3) No action may be commenced by the leaseholder unless the leaseholder has first notified the park owner of the violation by certified mail at least 30 days prior to bringing the action.

(4) During the pendency of an action brought by a leaseholder, the leaseholder shall pay rent in an amount designated in the lease, or as provided by law, which rental amount shall be deposited in an escrow account as directed by the court.

(Added 1969, No. 291 (Adj. Sess.), § 12, eff. date, see note under § 6201 of this title; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1983, No. 235 (Adj. Sess.), § 2; 1989, No. 229 (Adj. Sess.), § 5; 2001, No. 133 (Adj. Sess.), § 4, eff. June 13, 2002; 2007, No. 176 (Adj. Sess.), § 55; 2009, No. 154 (Adj. Sess.), § 62; 2015, No. 8, § 1.)

Subchapter 2 Permits and Rules

§ 6231 Rules

(a) [Repealed.]

(b) The Department may adopt rules to carry out the provisions of this chapter.

(c) A mobile home park that has been closed pursuant to section 6237a of this title and reduced to no more than two occupied leased lots shall be required, if the number of occupied leased lots subsequently is increased to more than two, to obtain all State land use and environmental permits required for a mobile home park that has been established or expanded after May 31, 1970.

(Added 1969, No. 291 (Adj. Sess.), § 7, eff. date, see note under § 6201 of this title; amended 1987, No. 76, § 8; 1987, No. 265 (Adj. Sess.), § 1; 1989, No. 229 (Adj. Sess.), § 6; 1999, No. 161 (Adj. Sess.), § 3; 2001, No. 133 (Adj. Sess.), § 5, eff. June 13, 2002; 2007, No. 176 (Adj. Sess.), § 56; 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012.)

§§ 6232-6235 Repealed

[Repealed]

2001, No. 133 (Adj. Sess.), § 14.

§ 6236 Lease terms; mobile home parks

(a) All terms governing the use and occupancy of a mobile home lot shall be contained in a written lease. Mobile home park owners shall promulgate reasonable and fair lease terms governing the use and occupancy of a mobile home lot and shall furnish an initial copy of the lease to leaseholders. Any lease term that prohibits or in any other manner obstructs the ability of any leaseholder to act in accordance with the provisions of this chapter shall be unenforceable. Any lease term that is not uniformly applied to all leaseholders of the same or a similar category shall be unenforceable, except that a park owner may establish a different lot rent rate for a mobile home park constructed after June 1, 1995 or for new lots in an expanded mobile home park constructed after June 1, 1995. Mobile home park owners shall not restrict access by representatives of the Department to the leaseholders of the park.

(b) A lease term requiring the removal from a mobile home park of a mobile home that is detrimental to the other residents of the park for either health, safety, or aesthetic reasons shall not be considered unreasonable or unfair.

(c) Prospective leaseholders shall be furnished with a copy of the proposed lease prior to any agreement to use or occupy a mobile home lot, and upon acceptance of the lease terms the lease shall be signed by the lessor and lessee. Any provision in a lease governing rental and utility charges shall be effective for a minimum of one year, except in the case of a new leaseholder in a mobile home park in which there is a uniform rent schedule that affects all lots in that park simultaneously. The initial lease for a new leaseholder may include the anticipated increase in the rent and utility charge at the time it occurs for the other lots. A mobile home park owner shall provide leaseholders with a minimum of 60 days’ notice prior to any rent increase. Rent increase notices shall not be given within six months prior to the issuance of a closure notice or at any time during which the closure notice is in effect. All rent increases received by the park owner during the six months prior to the issuance of a closure notice shall be returned to the affected leaseholders within seven days of issuance of the closure notice, except when the Commissioner determines the rent increase is needed to help remedy an emergency situation that affects the resident’s health, safety, or welfare. This subsection shall not apply to proprietary leases in mobile home parks owned by limited equity housing cooperatives established under 11 V.S.A. chapter 14. The rental and utility charge may be increased during a year if the operating expenses of the park increase 20 percent or more during that year as the result of legislative action taken during that year and the increase could not have been anticipated. The rental and utility charge may be increased during a year only to the extent necessary to cover the increase in operating expenses of the park.

(d) No person shall sell, lease, or sublease a mobile home or sublease or assign a lease for a lot in a mobile home park without first obtaining the written approval of the park owner, which shall not be unreasonably withheld. A violation of this subsection shall be grounds for eviction.

(e) All mobile home lot leases shall contain the following:

(1) Rental and utility charges and other reasonable incidental service charges, if any. No charges other than properly disclosed charges for rent, utilities, or other reasonable incidental services may be imposed or collected.

(2) Names and addresses of the park owners.

(3) Notice that the park owner shall not discriminate for reasons of race, religious creed, color, sex, sexual orientation, gender identity, marital status, disability, national origin, or because a person is a recipient of public assistance.

(4) Notice that the park owner shall not discriminate based on age or the presence of one or more minor children in the household, except as permitted under 9 V.S.A. § 4503(b) and (c). If age restrictions exist in all or part of a park, the specific restrictions and geographic sections in which restrictions apply shall be documented in the lease.

(5) The requirement to obtain permission from the park owner prior to leasing or selling a mobile home or assigning or subleasing a lease for a mobile home lot to another person.

(6) The notice required from a leaseholder in order to terminate the lease or occupancy arrangement.

(7) An effective date of the lease.

(8)(A) Notice that the mobile home park is in a flood hazard area if any lot within the mobile home park is wholly or partially located in a flood hazard area according to the flood insurance rate map effective for the mobile home park at the time the proposed lease is furnished to a prospective leaseholder. This notice shall be provided in a clear and conspicuous manner in a separate written document substantially in the form prescribed by the Department of Housing and Community Development pursuant to subdivision (B) of this subdivision (8) and attached as an addendum to the proposed lease.

(B) The Department of Housing and Community Development shall develop a model form for the notice provided under this section that shall include the information required under subdivision (A) of this subdivision (8).

(f) A copy of all new lease terms shall be furnished to all leaseholders at least 30 days prior to the effective date of any amendment, addition, or deletion of the existing lease terms. Upon request, the park owner shall provide to any leaseholder a copy of the current lease for his or her lot.

(Added 1973, No. 264 (Adj. Sess.), § 2; amended 1987, No. 252 (Adj. Sess.), § 3; 1989, No. 229 (Adj. Sess.), § 8; 1993, No. 141 (Adj. Sess.), § 10, eff. May 6, 1994; 1995, No. 33, § 3, eff. June 1, 1995; 1997, No. 103 (Adj. Sess.), § 2, eff. April 23, 1998; 2007, No. 176 (Adj. Sess.), § 57; 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012; 2023, No. 181 (Adj. Sess.), § 104, eff. June 17, 2024.)

§ 6237 Evictions

(a) A leaseholder may be evicted only for nonpayment of rent or for a substantial violation of the lease terms of the mobile home park, or if there is a change in use of the park land or parts thereof or a termination of the mobile home park, and only in accordance with the following procedure:

(1) A leaseholder shall not be evicted by force or any other self-help measure.

(2) Prior to the commencement of any eviction proceeding, the park owner shall notify the leaseholder by certified or registered mail, except as provided in subdivision (3) of this subsection:

(A) of the grounds for an eviction proceeding;

(B) that an eviction proceeding may be commenced if the leaseholder does not pay the overdue rent within 20 days from the date of the mailing of the notice.

(3) A substantial violation of the lease terms of the mobile home park or an additional nonpayment of rent occurring within six months of the giving of the notice referred to in subdivision (2) of this subsection may result in immediate eviction proceedings.

(4) A substantial violation of the lease terms, other than an uncured nonpayment of rent, will be insufficient to support a judgment of eviction unless the proceeding is commenced within 60 days of the last alleged violation. A substantial violation of the lease terms based upon criminal activity will be insufficient to support a judgment of eviction unless the proceeding is commenced no later than 60 days after arraignment.

(5) [Repealed.]

(b) A leaseholder shall not be evicted when there is proof that the lease terms the leaseholder has been accused of violating are not enforced with respect to the other leaseholders or others on the park premises.

(c) A sale or change in the form of ownership of the mobile home park shall not be grounds for eviction.

(d) This section shall apply only to evictions undertaken by the park owner. Evictions of a mobile home resident by a mobile home owner who is not the park owner shall be governed by 9 V.S.A. § 4467.

(e) A judgment order of eviction pursuant to this section shall provide that a leaseholder shall sell a mobile home or remove a mobile home from the mobile home park:

(1) within three months from the date of execution of a writ of possession pursuant to 12 V.S.A. chapter 169; or

(2) within another period ordered by the court in its discretion.

(f) A leaseholder evicted pursuant to this section shall continue to be responsible for lot rent that accrues until the mobile home is sold or removed from the mobile home park.

(g) A park owner shall serve notice of eviction proceedings pursuant to this section and 12 V.S.A. chapter 169 to the leaseholder and to any occupants known to the park owner residing in the mobile home.

(Added 1973, No. 264 (Adj. Sess.), § 2; amended 1987, No. 252 (Adj. Sess.), § 5, eff. Aug. 1, 1988; 1989, No. 229 (Adj. Sess.), § 9; 1993, No. 141 (Adj. Sess.), § 1, eff. May 6, 1994; 2003, No. 104 (Adj. Sess.), § 8; 2007, No. 176 (Adj. Sess.), § 58; 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012; 2015, No. 8, § 3.)

§ 6237a Mobile home park closures

(a) At least 18 months prior to the closure of a mobile home park or any mobile home lot that will result in the eviction of a resident or a leaseholder or removal of a mobile home, a park owner shall give notice of the closure to each affected resident or leaseholder and to the Commissioner by certified mail. Upon request, the Commissioner may waive some or all of the 18-month notice period if the closure is necessary to ensure the health, safety, or welfare of park residents. No evictions may be commenced during the 18-month closure period except for nonpayment of rent or a substantial violation of the lease terms.

(b) Prior to issuing a closure notice pursuant to subsection (a) of this section, a park owner shall first issue a notice of intent to sell in accordance with section 6242 of this title that discloses the potential closure of the park. However, if the park owner sends a notice of closure to the residents and leaseholders without first providing the mobile home owners with a notice of intent to sell under section 6242 that discloses the potential closure of the park, then the park owner shall retain ownership of the land for five years after the date the closure notice was provided. If required, the park owner shall record the notice of the five-year restriction in the land records of the municipality in which the park is located. The park owner may apply to the Commissioner for relief from the notice and holding requirements of this subsection if the Commissioner determines that strict compliance is likely to cause undue hardship to the park owner or the leaseholders, or both. This relief shall not be unreasonably withheld.

(c) When a park owner gives notice of intent to sell pursuant to section 6242 of this title, any previous notice of closure and any evictions commenced pursuant to the closure notice are void.

(d) A park owner who gives notice of intent to sell pursuant to section 6242 of this title shall not give notice of closure until after:

(1) at least 45 days after giving notice of intent to sell; and

(2) if applicable, the Commissioner receives notice from the mobile home owners and the park owner that negotiations have ended following the 120-day negotiation period provided in subdivision 6242(c)(1) of this title.

(e) A park owner who closes a mobile home park within five years of providing closure notice by selling the land on which the park was located without complying with subsection (b) of this section shall be liable to the State in the aggregate amount of $10,000.00 or 50 percent of the gain realized by the park owner from the sale, whichever is greater, unless the Commissioner has granted relief from strict compliance pursuant to subsection (b) of this section.

(f) A park owner may bring an action for possession upon the expiration of the 18-month closure notice. The only defense to an action for possession in the case of a park closure is improper notice.

(Added 2007, No. 176 (Adj. Sess.), § 59; amended 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012; 2015, No. 97 (Adj. Sess.), § 30.)

§ 6238 Charges and fees

(a) A prospective leaseholder or other person may not be charged an entrance fee for the privilege of leasing or occupying a mobile home lot. A reasonable charge for the fair value of services performed in placing a mobile home on a lot shall not be considered an entrance fee.

(b) A qualified park owner may charge the initial lessee or occupant of an eligible site a site improvement fee.

(1) The term “qualified park owner” shall mean:

(A) a limited equity cooperative organized to provide low or moderate income housing as defined in 11 V.S.A. chapter 14; or

(B) a Section 501(c)(3) organization or its wholly owned subsidiary organized to preserve housing for low income families.

(2) The term “eligible site” shall mean a lawfully created mobile home site that becomes available for occupancy by a mobile home for the first time after June 1, 1993 and:

(A) is located in a mobile home park established in conformance with the requirements of this chapter after June 1, 1970; or

(B) is located in a mobile home park established prior to June 1, 1970 that registered with the Vermont Agency of Natural Resources as a preexisting mobile home park prior to July 1, 1989.

(3) A site improvement fee is a charge for the cost of establishing a designated mobile home site located within a mobile home park, including site clearing; grading; construction of a mobile home pad; construction of utility improvements such as those for water supply, sewage disposal, electricity, telephone, cable television, and gas; payment of municipal fees such as school impact fees and sewer connection charges; and payment of other costs associated with improvement of a site. A site improvement fee may not exceed $8,000.00.

(4) A mobile home park owner who has collected a site improvement fee may not terminate the park or change the use of any site that has paid the fee without offering to sell the park to the mobile home owners in accordance with the provisions of section 6242 of this title.

(Added 1973, No. 264 (Adj. Sess.), § 2, eff. April 16, 1974; amended 1993, No. 96, § 1; 2007, No. 176 (Adj. Sess.), § 60.)

§ 6239 Goods and services

A leaseholder shall not be restricted in his or her choice of vendors from whom he or she may purchase goods and services. This section shall not be construed to prohibit a mobile home park owner from contracting with any or all leaseholders for the sale, supply, or distribution of goods and services, but such contract shall not be required as a condition of entrance to the mobile home park.

(Added 1973, No. 264 (Adj. Sess.), § 2, eff. April 16, 1974; amended 2007, No. 176 (Adj. Sess.), § 61.)

§ 6240 Sale of homes located in parks

(a) Prior to selling a mobile home located in a mobile home park, the mobile home owner shall notify the park owner by certified mail of the name and mailing address of the prospective purchaser. The seller may be held liable by the purchaser or prospective purchaser for failure to comply with this section.

(b) A purchaser or prospective purchaser of a mobile home located in a park shall not be refused entrance except for the inability of the purchaser and the purchaser’s household to meet the terms of the proposed lease or to qualify under a valid admission policy of the park. Upon approval for entrance into the mobile home park, the purchaser or prospective purchaser shall be offered a written lease pursuant to section 6236 of this title. If the purchaser or prospective purchaser does not notify the park owner in writing of any objections to the lease terms prior to occupancy of the mobile home park, the purchaser shall be deemed to have accepted the lease, regardless of whether the purchaser signs and returns a copy of the lease to the park owner. The seller’s failure to provide the notice required in subsection (a) of this section shall not be grounds to deny the purchaser or prospective purchaser’s application.

(c) A park owner shall not charge or collect any commission on the sale of a mobile home located in a park unless the park owner contracts to sell the home.

(Added 1973, No. 264 (Adj. Sess.), § 2, eff. April 16, 1974; amended 2007, No. 176 (Adj. Sess.), § 62.)

§ 6241 Access

(a) A park owner may enter a mobile home lot in the park with the resident’s consent, which shall not be unreasonably withheld.

(b) A park owner may also enter a mobile home lot in the park between the hours of 7:00 a.m. and 7:00 p.m. on no less than 12 hours’ notice for any of the following purposes:

(1) to inspect the premises;

(2) to make necessary or agreed repairs, alterations, or improvements;

(3) to supply agreed services;

(4) to show the lot to prospective or actual purchasers, mortgagees, residents, workers, or contractors.

(c) A park owner may enter a mobile home lot without notice or permission if, in the course of performing repairs in the mobile home park, the owner discovers that it is necessary to enter a lot to complete the repairs, provided that the owner could not reasonably have foreseen the necessity to enter the lot at the time the repairs were commenced. A park owner shall attempt to obtain permission from the resident before entering the lot, at a minimum, by attempting to contact the resident at any telephone number the owner has for the resident and in person at the mobile home.

(d) A park owner may enter a mobile home or a mobile home lot in the park without notice or permission when the park owner reasonably believes that there is a likelihood of imminent injury to any person, damage to property, or interruption of utility services.

(Added 1983, No. 235 (Adj. Sess.), § 3; amended 1993, No. 141 (Adj. Sess.), § 5, eff. May 6, 1994; 2007, No. 176 (Adj. Sess.), § 63.)

§ 6242 Mobile home owners’ right to notification prior to park sale

(a) Content of notice. A park owner shall give to each mobile home owner and to the Commissioner of Housing and Community Development notice by certified mail, return receipt requested, of his or her intention to sell the mobile home park. If the notice is refused by a mobile home owner or is otherwise undeliverable, the park owner shall send the notice by first-class mail to the mobile home owner’s last known mailing address. The requirements of this section shall not be construed to restrict the price at which the park owner offers the park for sale. The notice shall state all the following:

(1) that the park owner intends to sell the park;

(2) the price, terms, and conditions under which the park owner offers the park for sale;

(3) a list of the affected mobile home owners and the number of leaseholds held by each;

(4) the status of compliance with applicable statutes, rules, and permits, to the park owner’s best knowledge, and the reasons for any noncompliance; and

(5) that for 45 days following the notice, the park owner shall not make a final unconditional acceptance of an offer to purchase the park and that if within the 45 days the park owner receives notice pursuant to subsection (c) of this section that a majority of the mobile home owners intend to consider purchase of the park, the park owner shall not make a final unconditional acceptance of an offer to purchase the park for an additional 120 days, starting from the 46th day following notice, except one from a group representing a majority of the mobile home owners or from a nonprofit corporation approved by a majority of the mobile home owners.

(b) Resident intent to negotiate; timetable. The mobile home owners shall have 45 days following notice under subsection (a) of this section in which to determine whether they intend to consider purchase of the park through a group representing a majority of the mobile home owners or a nonprofit corporation approved by a majority of the mobile home owners. A majority of the mobile home owners shall be determined by one vote per leasehold and no mobile home owner shall have more than three votes or 30 percent of the aggregate park vote, whichever is less. During this 45-day period, the park owner shall not accept a final unconditional offer to purchase the park.

(c) Response to notice; required action. If the park owner receives no notice from the mobile home owners during the 45-day period or if the mobile home owners notify the park owner that they do not intend to consider purchase of the park, the park owner has no further restrictions regarding sale of the park pursuant to this section. If, during the 45-day period, the park owner receives notice in writing that a majority of the mobile home owners intend to consider purchase of the park, then the park owner shall do all the following:

(1) not accept a final unconditional offer to purchase from a party other than leaseholders for 120 days following the 45-day period, a total of 165 days following the notice from the leaseholders;

(2) negotiate in good faith with the group representing a majority of the mobile home owners or a nonprofit corporation approved by a majority of the mobile home owners concerning purchase of the park; and

(3) consider any offer to purchase from a group representing a majority of the mobile home owners or from a nonprofit corporation approved by a majority of the mobile home owners.

(d) Penalty. A park owner who sells a mobile home park without complying with this section shall be liable to the mobile home owners in the aggregate amount of $10,000.00 or 50 percent of the gain realized by the park owner from the sale, whichever is greater. A sale, an offer to sell, or an attempt to sell a mobile home park without complying with this section shall also be subject to the remedies of section 6205 of this title, including actual and punitive damages.

(e) Exceptions. The provisions of this section do not apply when the sale, transfer, or conveyance of the mobile home park is any one or more of the following:

(1) through a foreclosure sale;

(2) to a member of the park owner’s family or to a trust for the sole benefit of members of the park owner’s family;

(3) among the partners who own the mobile home park;

(4) incidental to financing the park;

(5) between joint tenants or tenants in common;

(6) pursuant to eminent domain;

(7) pursuant to a municipal tax sale.

(f) Requirement for new notice of intent to sell.

(1) Subject to subdivision (2) of this subsection, a notice of intent to sell issued pursuant to subsection (a) of this section shall be valid:

(A) for a period of one year from the expiration of the 45-day period following the date of the notice; or

(B) if the park owner has entered into a binding purchase and sale agreement with a group representing a majority of the mobile home owners or a nonprofit corporation approved by a majority of the mobile home owners within one year from the expiration of the 45-day period following the date of the notice until the completion of the sale of the park under the agreement or the expiration of the agreement, whichever is sooner.

(2) During the period in which a notice of intent to sell is valid, a park owner shall provide a new notice of intent to sell, consistent with the requirements of subsection (a) of this section, prior to making an offer to sell the park or accepting an offer to purchase the park that is either more than five percent below the price for which the park was initially offered for sale or less than five percent above the final written offer from a group representing a majority of the mobile home owners or a nonprofit corporation approved by a majority of the mobile home owners.

(g) “Good faith.” A leaseholders group representing a majority of the mobile home owners or a nonprofit corporation approved by a majority of the mobile home owners shall negotiate in good faith with the park owner for purchase of the park.

(Added 1987, No. 252 (Adj. Sess.), § 6, eff. Aug. 1, 1988; amended 1989, No. 229 (Adj. Sess.), § 10; 1993, No. 141 (Adj. Sess.), §§ 6-8, eff. May 6, 1994; 2007, No. 176 (Adj. Sess.), § 64; 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012; 2019, No. 131 (Adj. Sess.), § 16.)

§ 6243 Repealed

[Repealed]

§ 6244 Security deposits

(a) A security deposit is any advance, deposit, or prepaid rent that is refundable to a leaseholder at the termination or expiration of the occupancy. A security deposit is to secure the leaseholder’s obligation to pay rent and to maintain a rented mobile home or mobile home lot.

(b) The mobile home park owner may retain all or a portion of the security deposit for any of the following reasons:

(1) nonpayment of rent;

(2) damage to property of the park owner, unless the damage is the result of normal wear and tear or the result of actions or events beyond the control of the leaseholder;

(3) nonpayment of utility or other charges that the leaseholder was required to pay directly to the park owner or to a utility; or

(4) expenses for removal of articles abandoned by the leaseholder, including personal property, the mobile home, rubbish, and motor vehicles from the mobile home lot.

(c) A park owner shall return to the leaseholder the security deposit with a written statement itemizing any deductions within 14 days from the date on which the leaseholder:

(1) removes a mobile home from the park and terminates the lease for the lot on which the mobile home was located; or

(2) delivers to the park owner an executed bill of sale transferring ownership of a mobile home that is to remain in the park to an individual who has entered into a lease for the lot with the park owner; or

(3) has been removed from the park pursuant to a writ of possession.

(d) The park owner shall comply with this section by hand-delivering or mailing the statement and any payment required to the last known address of the leaseholder.

(e) If a park owner fails to return the security deposit with a statement within 14 days, the park owner forfeits the right to withhold any portion of the security deposit. If the failure is willful, the park owner shall be liable for double the amount wrongfully withheld, plus reasonable attorney’s fees and costs.

(f) Upon termination of the park owner’s interest in the park, the security deposit shall be transferred to the new park owner. The new park owner shall give the leaseholder actual notice of the new park owner’s name and address with a statement that the security deposit has been transferred to the new park owner.

(g) A municipality may adopt an ordinance governing security deposits on mobile homes or mobile home lots. The ordinance shall be supplemental to and not inconsistent with the minimum protections of the provisions of this section. The ordinance may not limit how a security deposit is held. The ordinance may authorize the payment of interest on a security deposit. The ordinance may provide that a housing board of review constituted pursuant to 24 V.S.A. § 5005 may hear and decide disputes related to security deposits upon request for a hearing by a park owner or leaseholder. The board’s actions shall be reviewable under 24 V.S.A. § 5006.

(Added 1993, No. 141 (Adj. Sess.), § 9, eff. May 6, 1994; amended 2007, No. 176 (Adj. Sess.), § 65; 2019, No. 131 (Adj. Sess.), § 16; 2021, No. 20, § 49.)

§ 6245 Illegal evictions

(a) No park owner may willfully cause, directly or indirectly, the interruption or termination of any utility service to a mobile home except for temporary interruptions for necessary repairs.

(b) No park owner may directly or indirectly deny a leaseholder access to and possession of the leaseholder’s leased premises, except through proper judicial process.

(c) No park owner may directly or indirectly deny a leaseholder access to and possession of the leaseholder’s mobile home and personal property, except through proper judicial process.

(Added 1993, No. 141 (Adj. Sess.), § 9, eff. May 6, 1994; amended 2007, No. 176 (Adj. Sess.), § 66; 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012.)

§ 6246 Remedies for illegal evictions

(a) Any leaseholder who sustains damage or injury as a result of an illegal eviction, as defined in section 6245 of this title, may bring an action for injunctive relief, damages, costs, and reasonable attorney’s fees.

(b) A court may award reasonable attorney’s fees to the park owner if, upon motion and hearing, it is determined that the action was not brought in good faith and that the action was either frivolous or intended solely for harassment.

(Added 1993, No. 141 (Adj. Sess.), § 9, eff. May 6, 1994; amended 2007, No. 176 (Adj. Sess.), § 67.)

§ 6247 Retaliatory conduct prohibited

(a) A park owner may not retaliate by any of the following:

(1) establishing or changing terms of a rental agreement;

(2) bringing or threatening to bring an action against a resident who has done any of the following:

(A) complained in writing to a governmental agency charged with responsibility for enforcement of a building, housing, or health regulation of a violation applicable to the premises materially affecting health and safety;

(B) complained in writing to the park owner of a violation of this chapter;

(C) organized or become a member of a resident’s association or similar organization.

(b) If the park owner acts in violation of this section, the resident is entitled to recover damages and reasonable attorney’s fees and has a defense in any retaliatory action for possession.

(Added 1993, No. 141 (Adj. Sess.), § 9, eff. May 6, 1994; amended 2007, No. 176 (Adj. Sess.), § 68.)

§ 6248 Abandonment of mobile home in mobile home park

(a) A resident or owner of a mobile home in a mobile home park shall be deemed to have abandoned the mobile home if all the following conditions exist:

(1)(A) a reasonable person would believe that the mobile home is not occupied as a residence;

(B) the rent for the lot is at least 30 days delinquent; and

(C) the park owner has attempted to contact the resident or owner at the resident or owner’s home, last known place of employment, and last known mailing address without success; or

(2) the owner of the mobile home has been evicted from the mobile home park pursuant to section 6237 of this title and the owner has failed to remove or sell the mobile home within three months after the execution of a writ of possession pursuant to 12 V.S.A. chapter 169 or as otherwise ordered by the court in the ejectment action.

(b) A mobile home park owner may not commence an action pursuant to section 6249 of this title to sell an abandoned mobile home on which there are delinquent property taxes until 20 days after the date the park owner sends notice of the park owner’s intent to commence the action to the town clerk and the tax collector of the town in which the mobile home is located by certified mail, return receipt requested.

(Added 1993, No. 141 (Adj. Sess.), § 13, eff. May 6, 1994; amended 2015, No. 8, § 4.)

§ 6249 Sale of abandoned mobile home

(a) A park owner may commence an action, which shall be entitled: In re: Abandoned Mobile Home of (name of owner), in the Civil Division of the Superior Court to obtain an order to sell the abandoned mobile home by filing a verified complaint that includes all the following information:

(1) the name of the park owner and name and location of the mobile home park;

(2) the name and last known mailing address of the owner of the mobile home;

(3) the name and the last known mailing address of the last resident of the mobile home;

(4) a description of the mobile home, including make, model, and serial number, if available; its location; and the amount of any security deposit held by the park owner;

(5) the names and addresses of creditors, holders of housing subsidy covenants, or others having an interest in the mobile home based on liens or notices of record in the town offices of the town in which the mobile home is located or the Office of the Secretary of State;

(6) the facts supporting the claim that the mobile home has been abandoned;

(7) the name of a person disinterested in the mobile home or mobile home park who is able to sell the mobile home at a public auction; and

(8) a statement of the amount of rent and other charges due or that will become due to the park owner.

(b) A park owner may request an order approving transfer of a mobile home that is unfit for human habitation to the park owner without a public sale by filing a verified complaint containing the information required in subsection (a) of this section and the facts supporting the claim that the mobile home is unfit for human habitation.

(c) When a verified complaint is filed under this section, the clerk of the Superior Court shall set a hearing on the complaint before a Superior judge. The hearing shall be held at least 15 days but no later than 30 days after the filing of the complaint.

(d) Within five days after filing the verified complaint, the park owner shall post a copy of the verified complaint and order for hearing on the mobile home and send a copy of the verified complaint and order for hearing, by certified mail, return receipt requested, to the mobile home owner’s last known mailing address; to the last resident of the mobile home at the resident’s last known mailing address; to each person identified in the verified complaint; and to the town clerk of the town in which the mobile home is located.

(e) The park owner shall publish the verified complaint and order for hearing in a newspaper of general circulation in the town where the mobile home is located. The notice shall be published no later than five calendar days before the date of hearing.

(f) If prior to or at the hearing any lien holder certifies to the court that the lien holder has paid to the park owner all lot rent due the park owner, and will commence or has commenced proceedings to enforce the lien and will continue to pay rent during the proceedings under this section, the court shall, upon confirmation of the representations of the lien holder, stay the action under this section pending completion of the lien holder’s action.

(g) At the hearing, the park owner shall prove ownership of the mobile home park; ownership of the mobile home; abandonment of the mobile home; the amount of rent and other charges due the park owner; the amount of town taxes, penalties, and interest owed; and the amount of attorney’s fees claimed. The park owner shall also prove compliance with the notice requirements of subsections (d) and (e) of this section.

(h) If the court finds that the park owner has complied with subsection (g) of this section, the court shall enter an order approving the sale of the mobile home at a public auction to be held within 15 days of the date of the order. The mobile home park owner shall send the order by first-class mail to the mobile home owner and all lien holders of record. The order shall require all the following:

(1) That the sale shall be conducted by the person identified in the verified complaint or some other person approved by the court.

(2) That notice of the sale be published in a newspaper of general circulation in the town where the mobile home is located and sent by first-class mail to the mobile home owner, the mobile home park owner, and all lien holders of record. The notice of sale shall be published no later than five calendar days before the date of sale.

(3) That the terms of sale provide for conveyance of the mobile home, together with any security deposit held by the park owner, by uniform mobile home bill of sale executed on behalf of the mobile home owner pursuant to the order of the court by the person authorized by the court, in “as is” condition, free and clear of all liens and other encumbrances of record.

(4) A minimum bid established by the court sufficient to cover the total costs listed in subdivisions (7)(A)-(D) of this subsection. The mobile home shall be sold to the highest bidder over the minimum bid set by the court.

(5) The successful bidder shall make full payment at the auction if the bid does not exceed $2,000.00. If the bid exceeds $2,000.00, the successful bidder shall provide a nonrefundable deposit at the time of the auction of at least $2,000.00 or 25 percent of the bid, whichever is greater, and shall make full payment within three working days after the auction.

(6) A successful bidder, if other than the park owner, shall remove the mobile home from the park within five working days after the auction unless the park owner permits removal of the mobile home at a later date.

(7) The person who conducted the public sale shall report to the court the results of the sale, the proposed distribution of the proceeds of the sale, and the bank in which any excess proceeds are deposited and shall send a copy of the report to the mobile home owner, the park owner, and all lien holders of record by certified mail, return receipt requested, within three working days after the sale. Anyone claiming impropriety in the conduct of the sale may file an objection with the court within seven days after the sale. The filing of an objection shall not invalidate the sale or delay transfer of ownership of the abandoned mobile home. If an objection is filed and if the court finds impropriety in the conduct of the sale, the court may order distribution of the proceeds of the sale as is fair, taking into account the impropriety. If no objection is filed with the court, on the eighth day after the sale, the proceeds shall be distributed as follows:

(A) to the person conducting the sale for costs of the sale;

(B) to the park owner for court costs, publication and mailing costs, and attorney’s fees incurred in connection with the action, in an amount approved by the court;

(C) to the park owner for rent and other charges in an amount approved by the court;

(D) to the town for taxes, penalties, and interest owed in an amount approved by the court; and

(E) the balance to a bank account in the name of the mobile home park owner as trustee, for the benefit of the mobile home owner and lien holders of record, to be distributed pursuant to further order of the court.

(i) If a park owner requests an order approving transfer of a mobile home to the park owner without a public sale, the court shall approve that order if it finds that the park owner has complied with subsection (g) of this section and has proved that the mobile home is unfit for human habitation. In determining whether a mobile home is unfit for human habitation, the court shall consider whether the mobile home:

(1) contains functioning appliances and plumbing fixtures;

(2) contains safe and functioning electrical fixtures and wiring;

(3) contains a safe and functioning heating system;

(4) contains a weather-tight exterior closure;

(5) is structurally sound;

(6) is reasonably free of trash, debris, filth, and pests.

(j) A court order issued pursuant to subsection (i) of this section shall be effective upon issuance and provide for conveyance of the mobile home and any security deposit held by the park owner by uniform mobile home bill of sale executed on behalf of the mobile home owner in “as is” condition, free and clear of all liens and other encumbrances of record.

(Added 1993, No. 141 (Adj. Sess.), § 14, eff. May 6, 1994; amended 2001, No. 101 (Adj. Sess.), §§ 1, 2, eff. May 12, 2002; 2011, No. 137 (Adj. Sess.), § 3, eff. May 14, 2012.)

§ 6250 Repealed

[Repealed]

§ 6251 Mobile home lot rent increase; notice; meeting

(a) A mobile home park owner shall provide written notification on a form provided by the Department to the Commissioner and all the affected mobile home park leaseholders of any lot rent increase no later than 60 days before the effective date of the proposed increase. The notice shall include all the following:

(1) the amount of the proposed lot rent increase, including any amount of the increase that is attributable to a surcharge for any capital improvements of the mobile home park pursuant to subsection (b) of this section, the estimated cost of the capital improvements, and the proposed duration of the surcharge prorated in 12-month increments sufficient to recover the estimated cost of the capital improvements;

(2) the effective date of the increase;

(3) a copy of the mobile home park leaseholder’s rights pursuant to this section and sections 6252 and 6253 of this title; and

(4) the percentage of increase from the current base lot rent.

(b) If the mobile home park owner requests a lot rent increase that includes a surcharge for any capital improvements, which, for the purposes of this section, include replacement or repair of any major infrastructure systems that exceed $2,500.00, the mobile home park owner shall submit to the Commissioner an affidavit stating the estimated costs of the improvements, the expected date of completion of the improvements, and the time frame required for the surcharge to provide for recovery of the cost of the improvements. The lot rent surcharge shall terminate when the park owner has recovered the cost of the capital improvements. A lot rent surcharge for capital improvements shall be implemented to minimize the financial burden on the mobile home park leaseholders.

(c) If the mobile home park owner fails to notify either the mobile home park leaseholders or the Commissioner of a lot rent increase as required by subsection (a) of this section, the proposed lot rent increase shall be ineffective and unenforceable.

(Added 1995, No. 33, § 2, eff. June 1, 1995; amended 1997, No. 103 (Adj. Sess.), § 3, eff. April 23, 1998; 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012.)

§ 6252 Lot rent increase dispute; mediation

(a) If the percentage of a proposed lot rent increase is more than one percentage point above the U.S. Consumer Price Index for all Urban Consumers, Housing Component, published by the U.S. Bureau of Labor Statistics in the periodical “Monthly Labor Review and Handbook of Labor Statistics” as established annually by the Department, and if, within 15 business days after receipt by the Commissioner of the notice required pursuant to subsection 6251(a) of this title, a majority of the affected leaseholders files with the Commissioner and the park owner a written petition that includes the name of the person who will act as the representative of the leaseholders, and a statement that they dispute the proposed lot rent increase, the Commissioner shall send a list of qualified professional mediators compiled by the Department in cooperation with park owners and leaseholders to the park owner and to the leaseholders’ representative. Within five business days of receipt of the list, the park owner and the leaseholders’ representative shall agree on a mediator from the list provided by the Commissioner and notify the Commissioner of the name, address, and telephone number of the mediator selected, accompanied by the mediator’s agreement to conduct the mediation. If the Commissioner has not been notified of a mediator as required by this subsection, the Commissioner shall appoint a mediator from the Department’s list. The mediator may not have any interest, direct or indirect, in the mobile home park at issue and shall disclose to the park owner, the leaseholders, and the Commissioner any experience as a mobile home park owner, resident, or leaseholder, or any other circumstance that may create a real or perceived conflict of interest. The Department shall pay the reasonable fees for professional mediation services based on a schedule established by rule of the Department.

(b) The mediator shall conduct one or more mediation sessions within the period that ends 10 days prior to the effective date of the proposed lot rent increase. The mediation shall include the mobile home park owner and the leaseholders, or their respective representatives, and shall attempt to resolve the dispute. No later than five days before the initial mediation session, the mobile home park owner shall provide to the mediator and the leaseholders’ representative all documents and information that the park owner considers relevant to support the proposed lot rent increase. The mobile home park owner shall have the burden of providing information to show that the proposed lot rent increase is reasonable. The mediator may also request any additional documents or information for the purposes of the mediation process. Any resolution of the dispute shall include an agreement regarding the amount of lot rent increase and the effective date. If the dispute is resolved, the mobile home park owner shall not be required to provide any additional notice in order for the lot rent increase to take effect pursuant to the resolution.

(c) The mediator shall issue to the parties and the Commissioner a report signed by the mediator and the parties regarding the outcome of the mediation. The report shall not be admitted into evidence and the mediator shall not be competent to testify in any subsequent action regarding the proposed lot rent increase.

(Added 1995, No. 33, § 2, eff. June 1, 1995; amended 1997, No. 103 (Adj. Sess.), § 4, eff. April 23, 1998; 2007, No. 176 (Adj. Sess.), § 69.)

§ 6253 Lot rent increase abatement; civil action

(a) If the parties are unable to resolve the disputed proposed lot rent increase pursuant to the process provided in section 6252 of this title, an action for abatement of some or all of the proposed lot rent increase based on a claim that the increase is clearly excessive may be initiated by a majority of the affected mobile home park leaseholders by filing a complaint in the Superior Court in the county in which the mobile home park is located within 30 days after the effective date of the proposed lot rent increase.

(b) Upon filing the complaint, the leaseholders shall pay the lot rent, including the proposed lot rent increase, to the park owner. The park owner shall pay the disputed portion of the proposed lot rent increase into court pending an order by the court.

(c) For the purposes of this section, a clearly excessive lot rent increase is an increase that is unreasonable based upon the park owner’s total reasonable or documented expenses, including consideration of debt service and a reasonable return to the mobile home park owner on investment with consideration being given to comparable investments.

(d) The court may grant a protective order for financial records to any party to this action.

(e) If the court finds that the proposed lot rent increase is clearly excessive, the court may order abatement of the proposed lot rent increase in full or in part.

(f) A lot rent increase shall be exempt from this section if it is an increase:

(1) that resulted from a completed sale of a mobile home park; and

(2) that was a condition of a bona fide purchase and sales agreement; and

(3) for which notice was given at least six months before the effective date of lot rent increase.

(g) The Commissioner may provide for legal representation for mobile home park leaseholders who pursue an action under this section pursuant to rules adopted by the Commissioner.

(Added 1995, No. 33, § 2, eff. June 1, 1995; amended 1997, No. 103 (Adj. Sess.), § 5, eff. April 23, 1998; 2007, No. 176 (Adj. Sess.), § 70.)

§ 6254 Registration of mobile home parks; report

(a) No later than September 1 each year, each park owner shall register with the Department on a form provided by the Department. The form shall include the following information:

(1) the name and address of the owner or owners of the mobile home park;

(2) the name and address of any corporation and principals of the corporation with an interest in the mobile home park;

(3) the name and address of any park manager;

(4) the name and address and location of the mobile home park;

(5) the duration of ownership of the park by the present owner;

(6) the date the mobile home park was established;

(7) the number of lots, including the number of vacant and occupied lots, in the park;

(8) the lot rent to be charged for each lot as scheduled for October 1 of that year, and the effective date of that lot rent charge;

(9) the services provided to the mobile home park leaseholders for payment of lot rent;

(10) additional charges for services paid by leaseholders in addition to lot rent;

(11) whether the mobile home park has a requirement that a mobile home must be purchased from a dealer designated by the mobile home park owner in order to be located in the park;

(12) the number of mobile homes moved into and out of the park during the previous year ending July 1; and

(13) any other relevant information requested on the form or by the Department.

(b) The Department shall:

(1) verify the information provided pursuant to subsection (a) of this section on a random basis;

(2) maintain a data base of the information provided; and

(3) report the resulting statistics and findings to the House Committee on General and Housing and the Senate Committee on Economic Development, Housing and General Affairs no later than February 1, 1996 and every three years thereafter on February 1.

(c) The Department may charge a mobile home park owner an annual fee of no more than $12.00 for each occupied leased lot in the park on September 1 of each year. The park owner may charge this fee to the affected mobile home park leaseholders. The fee shall be submitted to the Department with the registration form required in subsection (a) of this section. If a mobile home park owner charges the fee under this subsection, the fee shall not be deemed to be a lot rent increase and shall not be included in any calculation of a lot rent increase pursuant to section 6251 of this title. A mobile home park owner shall not be charged the fee under this subsection for any mobile home park in which all the mobile homes are owned by the mobile home park owner. The Commissioner may enforce filing of the registration form and payment of the fee under subsection 6205(a) of this title. A special fund shall be created for these fees to be used by the Department for its expenses in administering the laws regarding mobile home parks and to pay any fees required in the mediation process pursuant to section 6252 of this title and for legal representation for leaseholders pursuant to section 6253 of this title. This special fund shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5.

(Added 1995, No. 33, § 2, eff. June 1, 1995; amended 1995, No. 178 (Adj. Sess.), § 391, eff. May 22, 1996; 1997, No. 103 (Adj. Sess.), § 6, eff. April 23, 1998; 2007, No. 176 (Adj. Sess.), § 71; 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012; 2013, No. 191 (Adj. Sess.), § 5.)

§ 6255 Repealed

[Repealed]

2001, No. 133 (Adj. Sess.), § 14.

Subchapter 3 Habitability

§ 6261 Resident obligations; use and maintenance of premises

(a) The resident shall not create or contribute to the noncompliance of the premises with applicable provisions of building, environmental, or housing and health rules. As used in this subchapter, the term “premises” means a mobile home lot and any part of a mobile home park.

(b) The resident shall conduct himself or herself and require other persons on the premises with the resident’s consent to conduct themselves in a manner that will not disturb other residents’ peaceful enjoyment of the premises.

(c) The resident shall not deliberately or negligently destroy, deface, damage, or remove any part of the premises or its fixtures, mechanical or utility systems, or furnishings or deliberately or negligently permit any person to do so.

(d) Unless inconsistent with a written rental agreement or otherwise provided by law, a resident may terminate a tenancy by actual notice given to the park owner at least one rental payment period prior to the termination date specified in the notice.

(e) If a resident acts in violation of this section, the park owner is entitled to recover damages, costs, and reasonable attorney’s fees, and the violation shall be grounds for termination under section 6237 of this title.

(Added 1993, No. 141 (Adj. Sess.), § 11, eff. May 6, 1994; amended 2019, No. 131 (Adj. Sess.), § 17.)

§ 6262 Park owner obligations; warranty of habitability; rules

(a) In any lot rental agreement, the park owner shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean, and fit for human habitation. This warranty requires the park owner to provide adequate and reliable utility services, including safe electrical service, potable water, and sewage disposal to a location on each lot from which these utilities can be connected to the mobile home. The warranty also requires the park owner to ensure that the roads, common areas, and facilities within the mobile home park are safe and fit for the purpose for which they were reasonably intended.

(b) The Department, in cooperation with the Agency of Natural Resources, the Department of Public Safety, and the Department of Health, shall, by rule, adopt standards for safety, cleanliness, and fitness for human habitation regarding the rental of a mobile home lot within a mobile home park.

(c) No rental agreement shall contain any provision by which the leaseholder waives the protections of the implied warranty of habitability. Any such waiver shall be deemed contrary to public policy and shall be unenforceable and void.

(Added 1993, No. 141 (Adj. Sess.), § 11a, eff. May 6, 1994; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2007, No. 176 (Adj. Sess.), § 72; 2015, No. 8, § 2.)

§ 6263 Habitability; leaseholder remedies

(a)(1) If the mobile home park owner fails to comply with the obligation of habitability, the park owner shall be deemed to have notice of the noncompliance if the park owner receives actual notice of the noncompliance from the leaseholder, a governmental entity, or a qualified independent inspector.

(2) If the park owner has received notice from any of those sources and fails to make repairs within a reasonable time and the noncompliance materially affects health and safety, the leaseholder may pursue any of the following remedies:

(A) withhold payment of lot rent during the period of the noncompliance;

(B) obtain injunctive relief;

(C) recover damages, costs, and reasonable attorney’s fees; or

(D) terminate the rental agreement on reasonable notice.

(b)(1) For purposes of subdivision (a)(2) of this section, a mobile home park owner’s failure to maintain the roads within a mobile home park in a condition that reasonably ensures access by emergency vehicles shall be deemed noncompliance that materially affects health and safety.

(2) This subsection does not require a mobile home park owner to create a new road or other improvement, or to modify an existing road or other improvement, within an existing mobile home park.

(c) The remedies under this section are not available to a leaseholder if the noncompliance was caused by the negligent or deliberate act or omission of the leaseholder or of a person on the premises with the leaseholder’s consent.

(Added 1993, No. 141 (Adj. Sess.), § 11, eff. May 6, 1994; amended 2007, No. 176 (Adj. Sess.), § 73; 2015, No. 8, § 2.)

§ 6264 Minor defects; repair and deduct

(a)(1) If the park owner fails to repair a minor defect or noncompliance with this chapter or noncompliance with a material provision of the rental agreement within 30 days of receipt of written notice, the leaseholder may repair the defect or noncompliance and deduct from the rent the actual and reasonable cost, not to exceed one-half of one month’s lot rent.

(2) No major work on water, sewer, or electrical systems may be performed under this section.

(3) The leaseholder shall provide the owner with written notice of the cost of the repair or service when the cost is deducted from the rent.

(4) The leaseholder shall be responsible for any damage caused by the repair or attempts to repair.

(b) The remedies under this section are not available to a leaseholder if the noncompliance was caused by the negligent or deliberate act or omission of the leaseholder or a person on the premises with the leaseholder’s consent.

(Added 1993, No. 141 (Adj. Sess.), § 11, eff. May 6, 1994; amended 2007, No. 176 (Adj. Sess.), § 74; 2015, No. 8, § 2.)

§ 6265 Condemnation and relocation of residents

(a) The owner of a lot or rented mobile home that is condemned by a governmental agency due to the willful failure or refusal of the owner to comply with any obligations imposed by law shall provide for reasonable relocation costs of affected leaseholders and residents, except when the owner can demonstrate that he or she has no financial capacity to comply. The affected leaseholders and residents shall have the right to recover the reasonable costs of relocation, including court costs and reasonable attorney fees. The Agency of Natural Resources shall grant to the owner in a timely fashion all permits necessary to correct violations under this subchapter.

(b) The Commissioner may require a park owner who commences a closure of a mobile home park pursuant to section 6237a of this title within one year of receiving from a State or municipal enforcement official a notice of a violation of health, safety, or environmental laws or of section 6262 of this title to pay reasonable relocation costs not to exceed $3,500.00 to each affected leaseholder, except when the park owner can demonstrate that he or she has no financial capacity to comply.

(Added 1993, No. 141 (Adj. Sess.), § 11, eff. May 6, 1994; amended 2007, No. 176 (Adj. Sess.), § 75.)

§ 6266 Sale of mobile home park; health and safety compliance

(a) The State, a political subdivision of the State, or any local governmental entity that has lawfully issued and served on the owner of a mobile home park an order that is based on a finding that the premises of the mobile home park are in violation of any State, or local health, safety, or environmental law or regulation and requires the owner to bring the park into compliance shall record in the land records of any municipality in which the mobile home park is located, the following:

(1) the order;

(2) the health, safety, or environmental laws or regulations that are the basis of the order;

(3) the manner in which the park is in violation; and

(4) the name, address, and telephone number of a person who can provide additional information about the order and the noncompliance of the mobile home park.

(b) An order issued pursuant to subsection (a) of this section shall include the notice to the owner of the mobile home park that the order will be recorded in the land records of any municipality in which the park is located.

(c) If an order has been recorded pursuant to subsection (a) of this section, the issuing authority, after determining that the mobile home park is in compliance with the order, shall record a notice of compliance in any land records in which the order was recorded.

(d) Prior to any transfer of the mobile home park, the owner shall disclose to the transferee the following:

(1) the results of the most recent sanitary survey conducted by the Agency of Natural Resources and all drinking water tests required to be performed on the mobile home park within the previous 36 months;

(2) all State and local governmental permits relating to the operation of the mobile home park, including its water and sewage systems.

(Added 1995, No. 127 (Adj. Sess.), § 1.)

Chapter 155 Acquisition of Interests in Land by Public Agencies

§ 6301 Purpose

It is the purpose of this chapter to encourage and assist the maintenance of the present uses of Vermont’s agricultural, forest, and other undeveloped land and to prevent the accelerated residential and commercial development thereof; to preserve and to enhance Vermont’s scenic natural resources; to strengthen the base of the recreation industry and to increase employment, income, business, and investment; to enable the citizens of Vermont to plan its orderly growth in the face of increasing development pressures in the interests of the public health, safety, and welfare; and to encourage the use of conservation and preservation tools to support farm, forest, and related enterprises, thereby strengthening Vermont’s economy to improve the quality of life for Vermonters and to maintain the historic settlement pattern of compact village and urban centers separated by rural countryside.

(Added 1969, No. 229 (Adj. Sess.), § 2; amended 2011, No. 118 (Adj. Sess.), § 2.)

§ 6301a Definitions

As used in this chapter:

(1) “State agency” means the Agency of Natural Resources or any of its departments, Agency of Transportation, Agency of Agriculture, Food and Markets, or Vermont Housing and Conservation Board.

(2) “Qualified organization” means:

(A) an organization qualifying under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which is not a private foundation as defined in Section 509(a) of the Internal Revenue Code, and which has been certified by the Commissioner of Taxes as being principally engaged in the preservation of undeveloped land for the purposes expressed in section 6301 of this title.

(B) an organization qualifying under Section 501(c)(2) of the Internal Revenue Code of 1986, as amended, provided such organization is controlled exclusively by an organization or organizations described in subdivision (2)(A) of this section.

(3) “Taxation” and “tax” means ad valorem taxes levied by the State and its municipalities.

(Added 1987, No. 200 (Adj. Sess.), § 42; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)

§ 6302 Power to acquire

(a) In order to carry out the purposes set forth in section 6301 of this title, any owner of real property located within this State or of any right or interest in real property located within this State may sell, donate, devise, exchange, or transfer that real property or any right or interest in real property located within this State to a municipality of this State, a State agency, or a qualified organization. A municipality of this State by the action of its legislative body or a State agency may acquire such real property or any right and interest in real property located within this State by purchase with any authorized funds, or by donation, devise, exchange, or transfer, all as herein provided.

(b) For the purposes of this chapter, “real property” includes (without limitation) areas covered by water, areas beneath the surface of the ground, air space, and any buildings, other structures, and other improvements, and “real estate” as the same is defined in 1 V.S.A. § 132.

(c) The General Assembly hereby declares that the acquisition of real property or any right and interest in real property located within this State, for the purposes expressed in section 6301 of this title, constitutes a public use and a public purpose for which public funds may be expended or advanced.

(d) Prior to the acquisition of any right or interest in real property by a State agency, the State agency shall submit a report thereon to the legislative body of the municipality concerned, setting forth the location of the real property, the characteristics of the right or interest to be acquired, and the consideration to be given therefor.

(Added 1969, No. 229 (Adj. Sess.), § 3; amended 1983, No. 71, § 1; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 76, § 18; 1987, No. 200 (Adj. Sess.), § 43; 2019, No. 131 (Adj. Sess.), § 18.)

§ 6303 Interests that may be acquired

(a) The rights and interests in real property that may be acquired, used, encumbered, and conveyed by a municipality, State agency, or qualified organization shall include the following:

(1) Fee simple.

(2) Fee simple subject to right of occupancy and use, which may be defined as full and complete title subject only to a right of occupancy and use of the subject real property or part thereof by the grantor for residential or agricultural purposes, subject to the provisions of section 6304 of this title and to such other terms as the legislative body of the municipality, the qualified organization, or the State agency may fix.

(3) Fee simple and resale of rights and interests, which may be defined as the acquisition of real property in fee simple and the subsequent reconveyance of rights and interests in such property to the former owner or to others, subject to the provisions of section 6304 of this title and to specified covenants, restrictions, conditions, or affirmative requirements fixed by the legislative body of the municipality, the qualified organization, or the State agency in its discretion and designed to accomplish the purposes set forth in section 6301 of this title.

(4) Fee simple and lease back, which may be defined as the acquisition of real property in fee simple and the lease for the life of a person or for a term of years of rights and interests in the real property, subject to the provisions of section 6304 of this title and to specified covenants, restrictions, conditions, or affirmative requirements fixed by the legislative body of the municipality, the qualified organization, or the State agency in its discretion and designed to accomplish the purposes set forth in section 6301 of this title.

(5) Less than fee simple. The acquisition and retention of any rights and interests in real property less than fee simple.

(6) Lease. The lease of land or rights and interests in land for a term, with or without an option to purchase.

(7) Preemptive rights and options to purchase. The acquisition of preemptive rights such as a right of first refusal or an option to purchase land or rights and interests in the land.

(b) The legislative body of a municipality, a State agency, or a qualified organization, as the case may be, shall determine the types of rights and interests in real property to be acquired, including licenses, equitable servitudes, profits, rights under covenants, easements, development rights, or any other rights and interests in real property of whatever character.

(c) Where less than fee simple ownership is acquired or retained, such right and interest may, in the discretion of the legislative body of the municipality, the State agency, or the qualified organization, include a right to enter in order to accomplish the purposes of section 6301 of this title.

(Added 1969, No. 229 (Adj. Sess.), § 4; amended 1987, No. 200 (Adj. Sess.), § 44; 2011, No. 118 (Adj. Sess.), § 7; 2019, No. 131 (Adj. Sess.), § 19.)

§ 6304 Sales of land

In any case where rights and interests in real property have been reconveyed or leased back to a person by a municipality or a department, the use of land subject in the reconveyance or lease back shall not be changed, and no residential, industrial, or commercial construction except for the use of the owner or his or her family shall be undertaken, except with the consent of the legislative body of the municipality or the department or except as specifically provided in the instrument evidencing the reconveyance or lease. In the event of the termination of any rights or interests of such person, the legislative body of the municipality or the department shall pay to such person an amount equal to the fair market value of that portion of such right that remained unexpired on the date of such termination, unless such termination is caused by the breach by such person of a term of the instrument by which he or she acquired such right or interest. In any case of acquisition subject to a right of occupancy and use, or acquisition and reconveyance, or acquisition and lease, under subsection 6303(a) of this title, the legislative body or department shall give priority to the grantor thereof in selecting the grantee or lessee, as the case may be.

(Added 1969, No. 229 (Adj. Sess.), § 5; amended 2019, No. 131 (Adj. Sess.), § 20.)

§ 6305 Exchanges of land

In exercising its authority to acquire property by exchange, a department may accept real property and rights and interests in the real property, and may convey to the grantor of such real property or rights and interests in the real property any State-owned property under the jurisdiction of the department, but only with the favorable advice and recommendation of the Interagency Committee on Natural Resources. In effecting such exchanges, the department may also utilize for exchange purposes any privately owned land and rights and interests in the land donated or made available to it for such purpose of an exchange. The land and rights and interests thus exchanged shall be approximately equal in fair market value, provided that the department may accept cash from or pay cash to the grantor in such an exchange, in order to equalize the value of the property and rights and interests in the property being exchanged. Notwithstanding any other provisions of law and with the approval of the Interagency Committee on Natural Resources, State real property and rights and interests in the property may, with the authorization of the department or other agency having custody thereof, be transferred without consideration to the jurisdiction of a department designated under section 6302 of this title for use in carrying out the provisions of this chapter.

(Added 1969, No. 229 (Adj. Sess.), § 6; amended 2019, No. 131 (Adj. Sess.), § 21.)

§ 6306 Exemption from taxation

(a) The rights and interests in real property acquired by a municipality or State agency under the authority of this chapter shall be considered as municipal or State-owned land, as the case may be, with respect to taxation and State reimbursement in lieu of taxes.

(b)(1) The Commissioner of Taxes may certify that real property acquired by a qualified organization under this chapter is being held and maintained for the purposes expressed in section 6301 of this title. As a condition of that certification, the Commissioner may require that the qualified organization provide adequate assurances that the property is being so held and maintained, including written agreements with the Department of Taxes, deeds, covenants, or other conveyances. Property that is so certified:

(A) if in the nature of an interest in fee simple, shall be assessed on the basis of its actual use or may be enrolled by the qualifying organization in a current use program under 32 V.S.A. chapter 124; or

(B) shall be exempt from assessment and taxation, if in the nature of an interest other than fee simple.

(2) For purposes of this section, where a qualified organization holds a lease in the property for a term greater than ten years, including renewal terms, or holds such other interests as the Commissioner shall determine to be substantially equivalent to an interest in fee simple, the organization shall be deemed to hold an interest in fee simple.

(3) A certification granted to a qualified agency shall first affect the April 1 grand list following the date that all information deemed necessary by the Commissioner has been provided by the qualified organization.

(c) After acquisition by a municipality, State agency, or qualified organization of a right or interest in real property under the authority of this chapter, the owner of any remaining right or interest in the real property not so acquired shall be taxed, under the applicable provisions of 32 V.S.A. chapter 123, only upon the value of those remaining rights or interests to which he or she retains title. The State agency or qualified organization, and the Department of Taxes, shall cooperate with that owner and with the town assessing such tax in the determination of the fair market value of any such remaining right or interest.

(d) Property held by a qualified organization and taxed or exempted under subsection (b) of this section shall be subject to a conversion tax if the Commissioner determines that it is no longer being held and maintained for the purposes expressed in section 6301 of this title. The amount of the conversion tax shall be five times the amount of the taxes avoided by reason of the exemption in the most recent year. The conversion tax shall be paid to the municipality in which the property is located.

(Added 1969, No. 229 (Adj. Sess.), § 7; amended 1987, No. 200 (Adj. Sess.), § 45; 1997, No. 60, § 68c; 2013, No. 73, § 26, eff. June 5, 2013; 2019, No. 131 (Adj. Sess.), § 22.)

§ 6307 Enforcement

(a) Injunction. In any case where rights and interests in real property are held by a municipality, State agency, or qualified organization under the authority of this chapter, the legislative body of the municipality, the State agency, or the qualified organization may institute injunction proceedings to enforce the rights of the municipality, State agency, or qualified organization, in accordance with the provisions of this chapter, and may take all other proceedings as are available to an owner of real property under the laws of this State to protect and conserve its right or interest.

(b) Liquidated damages. Any contract or deed establishing or relating to the sale or transfer of rights or interests in real property under the authority of this chapter may provide for specified liquidated damages, actual damages, costs, and reasonable attorney’s fees in the event of a violation of the rights of the municipality, State agency, or qualified organization under the municipality or State agency.

(c) Conservation rights. The holder of conservation rights and interests may seek injunctive relief and damages against any person who damages the holder’s rights and interests, irrespective of whether the owner of the land is a party to the proceeding. This subsection shall not affect any right of the owner of the land to join or intervene in any proceeding.

(Added 1969, No. 229 (Adj. Sess.), § 8; amended 1987, No. 200 (Adj. Sess.), § 46; 2011, No. 118 (Adj. Sess.), § 3; 2019, No. 131 (Adj. Sess.), § 23.)

§ 6308 Rights in perpetuity unless limited

(a) If the legislative body of a municipality in the case of municipal rights or interests, or a State agency in the case of State-owned rights or interests, finds that the retention of the rights or interests is no longer needed to carry out the purposes of this chapter, the rights or interests may be released and conveyed to the co-owner, to another public agency, to another party holding other rights or interests in the land, or to a third party. Where the conveyance is to a party other than another public agency or qualified organization, the municipality or State agency shall receive adequate compensation from that party for the conveyance of the rights or interests.

(b) The conveyance of rights or interests in real property less than fee simple made under the authority of this chapter shall be perpetual, except if the conveyance is limited by its terms to a specific period.

(Added 1969, No. 229 (Adj. Sess.), § 9; amended 1975, No. 186 (Adj. Sess.); 1987, No. 200 (Adj. Sess.), § 47; 2011, No. 118 (Adj. Sess.), § 4.)

§ 6309 Agency of Agriculture, Food and Markets; leases

In the event that real property acquired by the Agency of Agriculture, Food and Markets is leased to a lessee other than a governmental entity of the State of Vermont, the lessee shall be taxed on the fair market value or the use value under the provisions of 32 V.S.A. chapter 124 of the property by the municipality in which it is located.

(Added 1983, No. 71, § 2; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)

§ 6310 Conservation easement holder; nonmerger

If a holder of a conservation easement is or becomes the owner in fee simple of property subject to the easement, the easement shall continue in effect and shall not be extinguished.

(Added 2015, No. 51, § F.8.)

§ 6311 Conservation rights and interests; tax liens

A tax lien shall not affect conservation rights and interests if the tax lien attaches to the subject property under 32 V.S.A. § 5061 subsequent to the recording of the conservation rights and interests in the municipal land records.

(Added 2015, No. 84 (Adj. Sess.), § 1.)

Chapter 156 Champion Land Transaction Citizen Advisory Council

§§ 6407-6409 Repealed

[Repealed]

2021, No. 52, § 8, effective June 3, 2021.

Chapter 157 Storage of Radioactive Material

Subchapter 1 Radioactive Waste Facility Siting

§ 6501 Storage of radioactive material

(a) No facility for deposit, storage, reprocessing, or disposal of spent nuclear fuel elements or radioactive waste material shall be constructed or established in the State of Vermont unless the General Assembly first finds that it promotes the general good of the State and approves, through either bill or joint resolution, a petition for approval of the facility. No facility for the incineration of low-level radioactive waste, as defined in subdivision 7001(7) of this title, shall be constructed or established without a similar finding and approval.

(b) The construction or establishment after July 1, 1980 of a low-level, temporary storage facility is exempted from subsection (a) of this section. For the purposes of this subsection, the term “low-level, temporary storage” means storage of material:

(1) that is produced by research, educational, industrial, or medical uses not involving a fission reactor; and

(2) that has an overall radioactivity level, before any dilution, of less than one curie per cubic foot; and

(3) that either:

(A) is awaiting transfer to a commercial disposal site; or

(B) is of a material that spontaneously decreases its radioactivity level by one-half in 90 days or less.

(Added 1977, No. 77, § 1, eff. April 26, 1977; amended 1979, No. 191 (Adj. Sess.), § 1; 1989, No. 296 (Adj. Sess.), § 8, eff. June 29, 1990.)

§ 6502 Petition procedure

(a) A petition for approval by the General Assembly of a facility under section 6501 of this title shall be submitted to the Speaker of the House and the President of the Senate. The petition shall be referred forthwith to the Joint Energy Committee.

(b) The Committee shall hold a public hearing on each petition for approval. Notice of the public hearing shall be published two weeks successively in a newspaper of general circulation in the county in which the proposed facility is to be located, the last publication to be at least 12 days before the day appointed for the hearing. Any agency or person may submit recommendations relating to the proposed facility to the Committee. The Committee shall be authorized to examine all records and information relevant to the petition in the possession of the petitioner or any State agency.

(c) Upon receipt of the petition, notice shall be given by the Committee to the Chair of the Public Utility Commission, the Commissioner of Health, the Secretary of Natural Resources, and the Attorney General. Each public official so notified shall, prior to the public hearing under subsection (b) of this section, submit to the Committee his or her agency’s evaluation of the impact of the facility on the State and any other information deemed relevant to the petition.

(d) Notice, by certified mail, shall be given to the chair or director of the municipal and regional planning commissions and the selectboard for each town in which the proposed facility is to be located and each contiguous town not less than 30 days prior to the public hearing under subsection (b) of this section.

(Added 1977, No. 77, § 1, eff. April 26, 1977; amended 1979, No. 191 (Adj. Sess.), § 2; 1987, No. 76, § 18; 2013, No. 161 (Adj. Sess.), § 72.)

§ 6503 Legislative approval

(a) The Committee shall report to the General Assembly its recommendation to approve or not to approve the petition for the facility together with such additional information and comment it deems appropriate.

(b) Any bill or joint resolution approving a facility under section 6501 of this title shall include findings that the proposed facility:

(1) will promote the general welfare and will not have an undue adverse effect on health, safety, aesthetics, historic sites, air and water purity, the natural environment, and the economy; and

(2) will not unduly interfere with the orderly development of the region with due consideration having been given to the recommendations of the municipal and regional planning commissions and the municipal legislative bodies.

(c) Unless the proposed facility is approved by the General Assembly, no State officer, agency, or department shall undertake to approve or license the proposed facility or undertake to cause or obtain the approval or licensing from any other state or federal governmental agency or board. The appropriate State officers and agencies shall use every proper and available legal means to prevent siting and licensing of such facility until the approval of the General Assembly is obtained.

(d) No temporary storage facility that is a part of a nuclear fission plant approved by the General Assembly pursuant to 30 V.S.A. § 248(e) shall be required to obtain the additional approval required by this section.

(Added 1977, No. 77, § 1, eff. April 26, 1977; amended 2013, No. 142 (Adj. Sess.), § 23; 2015, No. 131 (Adj. Sess.), § 22.)

§ 6504 Repealed

[Repealed]

1979, No. 191 (Adj. Sess.), § 5.

§ 6505 Exemption

This subchapter does not apply to any temporary storage by Vermont Yankee Nuclear Power Corporation of spent nuclear fuel elements or other radioactive waste at its present site.

(Added 1979, No. 191 (Adj. Sess.), § 3; amended 1985, No. 195 (Adj. Sess.), § 3, eff. May 14, 1986.)

§ 6506 Definitions

As used in this chapter, “radioactive waste” means waste material:

(1) technologically enhanced for the purpose of increasing the concentration of radioactive elements; or

(2) contaminated with such technologically enhanced material to a radioactive level above background.

(Added 1979, No. 191 (Adj. Sess.), § 4.)

§ 6507 Scope of State regulation of radioactive materials and waste

(a) This section applies to:

(1) waste or material, generated within the United States, with respect to which all of the following apply:

(A) it is radioactive waste or radioactive materials classified as radioactive waste by the U.S. Nuclear Regulatory Commission (NRC) as of January 1, 1989;

(B)(i) it is radioactive waste or radioactive materials that were not eligible and approved for special disposal provisions under the NRC regulations in effect as of January 1, 1989; or

(ii) it is radioactive waste or radioactive materials that have not been determined to be approvable for special disposal under NRC regulations in effect as of January 1, 1989, even though the determination is made after that date; and

(C) it was generated or utilized by any government agency or pursuant to a government contract or license;

(2) waste or material generated outside the United States with respect to which all of the following apply:

(A) it is radioactive waste or radioactive materials that would have been classified as radioactive waste or radioactive materials by the NRC as of January 1, 1989, if it had been generated within the United States;

(B)(i) it is radioactive waste or radioactive materials that would not have been eligible and approved for special disposal provisions under NRC regulations in effect as of January 1, 1989, if it had been generated within the United States; or

(ii) it is radioactive waste or radioactive materials that have not been determined to be approvable for special disposal under those regulations in effect as of January 1, 1989, had it been generated within the United States, even though the determination is made after that date.

(b) Waste or materials covered by subsection (a) of this section shall not be treated, recycled, stored, or disposed of except at a facility with a specific license, whether or not that radioactive waste or those materials, since January 1, 1989, have been deregulated or declared exempt from regulatory control by the NRC or other federal agencies.

(Added 1989, No. 242 (Adj. Sess.), § 1.)

§§ 6508, 6509 [Reserved for future use.]

§§ 6510-6512 Repealed

[Repealed]

1989, No. 296 (Adj. Sess.), § 4, eff. June 29, 1990.

Subchapter 2 Dry Cask Storage Authorization of 2005

§ 6521 Findings

The General Assembly finds:

(1) The Vermont Yankee nuclear power station (Vermont Yankee) in Vernon provides a very large fraction of the State’s power supply and is by far the largest power plant operating in the State.

(2) Whether the plant runs to the end of its current license, is relicensed by the federal government, or is required to shut down on short notice, that large fraction of the State’s supply will need to be replaced.

(3) The State’s future power supply should be diverse, reliable, economically sound, and environmentally sustainable.

(4) In order to make a smooth transition to the future, the State needs to accelerate Vermont’s investment in electricity resources that are economically and environmentally sound and that can be acquired in modest increments.

(5) In making this transition, there is a great value in investing in renewable energy sources; efficient, combined heat and power facilities; and energy efficiency.

(6) In support of these objectives, the General Assembly and Public Service Board have:

(A) Created the Statewide Energy Efficiency Fund and authorized significant ratepayer charges to support cost-effective investments in end-use energy efficiency resources.

(B) Provided significant support for renewable resources through the creation of a statewide purchasing pool with long-term contracts for qualifying facilities, and a renewable portfolio standard, and are creating a related program to accelerate investments in new renewable and combined-heat and power projects.

(C) Assured that these resources are supported financially by Vermont’s utilities and ratepayers, including the former owners of Vermont Yankee.

(7) In addition to these existing mechanisms, there is a need for a Clean Energy Development Fund to support investment in clean energy resources in order to permit adequate power supply diversity.

(Added 2005, No. 74, § 2.)

§ 6522 Public Utility Commission review of proposals for new storage facilities for spent nuclear fuel

(a) Neither the owners of Vermont Yankee nor their successors and assigns shall commence construction or establishment of any new storage facility for spent nuclear fuel before receiving a certificate of public good from the Public Utility Commission pursuant to 30 V.S.A. § 248. Standards generally applicable to substantial modification of facilities with certificates of public good under 30 V.S.A. § 248 shall apply to any future alterations of any permitted facility.

(b) In addition to all other applicable criteria of 30 V.S.A. § 248, before granting a certificate of public good for a new or altered spent nuclear fuel facility, the Public Utility Commission shall find that:

(1) Adequate financial assurance exists for the management of spent fuel at Vermont Yankee for a time period reasonably expected to be necessary, including through decommissioning, and for as long as it is located in the State.

(2) The applicant has made commitments to remove all spent fuel from Vermont to a federally certified long-term storage facility in a timely manner, consistent with applicable federal standards.

(3) The applicant has developed and will implement a spent fuel management plan that will facilitate the eventual removal of those wastes in an efficient manner.

(4) The applicant is in substantial compliance with any memoranda of understanding entered between the State and the applicant.

(c) In addition, the following limiting conditions shall apply:

(1) Any certificate of public good issued by the Commission shall permit storage only of spent fuel that is derived from the operation of Vermont Yankee and not from any other source.

(2) Any certificate of public good issued by the Commission shall limit the cumulative total amount of spent fuel stored at Vermont Yankee to the amount derived from the operation of the facility up to, but not beyond, March 21, 2012, the end of the current operating license. Authorized capacity may include on-site storage capacity to accommodate full core offload or any order or requirement of the Nuclear Regulatory Commission with respect to the fuel derived from these operations.

(3) The requirement to obtain a certificate of public good from the Commission for this purpose applies to Vermont Yankee, regardless of who owns the facility, and the conditions of the certificate of public good and the requirements of this subchapter will apply to any future owner.

(4) Compliance with the provisions of this subchapter shall constitute compliance with the provisions of this chapter that require that approval be obtained from the General Assembly before construction or establishment of a facility for the deposit or storage of spent nuclear fuel, but only to the extent specified in this subchapter or authorized under this subchapter. The Public Utility Commission is authorized to hear and issue a certificate of public good for such a facility under 30 V.S.A. § 248 to the extent specified or authorized in this subchapter. Other agencies of the State also may receive and act on applications related to the construction or establishment of such a facility, provided that any approval for such a facility applies only to the extent specified or authorized in this subchapter. Storage of spent fuel derived from the operation of Vermont Yankee after March 21, 2012 shall require the approval of the General Assembly under this chapter.

(5) Compliance with the provisions of this subchapter shall not confer any expectation or entitlement to continued operation of Vermont Yankee following the expiration of its current operating license on March 21, 2012. Before the owners of the generation facility may operate the generation facility beyond that date, they must first obtain a certificate of public good from the Public Utility Commission under Title 30.

(Added 2005, No. 74, § 2.)

§§ 6523, 6524 Recodified. 2011, No. 47, § 20m. [Repealed]

Chapter 158 Fragile Areas Registry

§ 6551 Definitions

As used in this chapter:

(1) “Fragile area” means an area of land or water that has unusual or significant flora, fauna, geological, or similar features of scientific, ecological, or educational interest.

(2) “Register” means the fragile areas register that lists those fragile areas designated by the Secretary.

(3) “Secretary” means the Secretary of the Agency of Natural Resources.

(4) “Adjacent” means those lands and waters directly abutting a site on the register, including lands and waters separated from the site by highways or bodies of water where such separated lands and waters are an integral part of the site’s ecosystem.

(5) “Registry” means the act of voluntary agreement between the owner of a fragile area and the Secretary for designation of the fragile area and its placement on the register of fragile areas.

(6) “Register of fragile areas” means the listing of fragile areas that are being managed by the owner of the fragile area according to guidelines adopted by the Secretary.

(Added 1977, No. 129 (Adj. Sess.), § 1; amended 1987, No. 76, § 18; 1989, No. 207 (Adj. Sess.), § 1.)

§ 6552 Fragile areas

(a) The Secretary shall consider for designation on a register of fragile areas only a site that:

(1) is a significant statewide scientific, ecological, or educational value; or

(2) is exemplary for the purposes of education or research in the natural sciences; or

(3) has rare, remnant, or other unusual plants or animals or contains endangered species as determined by the Secretary under chapter 123 of this title; or

(4) contains a necessary habitat as that term is defined in section 5401 of this title.

(b) To assist in the designation, the Secretary shall seek the advice of a fragile areas committee comprising five members, one from each of the following disciplines: zoology, botany, plant community ecology, geology, and wildlife.

(c) Prior to designating a fragile area on the register, the Secretary shall:

(1) document the technical and scientific basis for the designation;

(2) contact each owner of the fragile area to inform the owner of the significance of the fragile area and to achieve voluntary agreement from the owner to protect and manage the fragile area according to stewardship guidelines adopted by the Secretary;

(3) provide information and assistance to each owner of the fragile area concerning the identification, protection, and management of the fragile area.

(Added 1977, No. 129 (Adj. Sess.), § 1; amended 1989, No. 207 (Adj. Sess.), § 2.)

§ 6553 Powers of the Secretary

(a) The Secretary shall:

(1) establish and maintain a register of fragile areas, including status, current ownership, and size of each area; and

(2) adopt stewardship guidelines for maintenance and protection of registered fragile areas on private and State-owned lands.

(b) Actions by the Secretary shall be made pursuant to 3 V.S.A. chapter 25.

(Added 1977, No. 129 (Adj. Sess.), § 1; amended 1989, No. 207 (Adj. Sess.), § 3.)

§ 6554 Impact statement

A State agency, municipality, or organization, before making a capital improvement, which is funded in whole or in part by federal or State money, within or adjacent to a fragile area on public land shall, in compliance with rules adopted pursuant to 42 U.S.C. § 3334, attach to the notice of intent for the State clearinghouse a statement of the impact of the proposed action on the fragile area.

(Added 1977, No. 129 (Adj. Sess.), § 1; amended 1989, No. 207 (Adj. Sess.), § 4; 2015, No. 97 (Adj. Sess.), § 31.)

§ 6555 Cooperation of agencies

State agencies shall:

(1) notify the Secretary before altering or transferring any publicly owned property that is listed in the register; and

(2) provide for the maintenance or protection of State-owned properties listed in the register.

(Added 1977, No. 129 (Adj. Sess.), § 1; amended 1989, No. 207 (Adj. Sess.), § 6.)

§ 6556 Terms of fragile areas registry

(a) If the owner agrees to register a tract of land, and the Secretary so designates the tract a fragile area, the owner shall receive a certificate and stewardship guidelines to protect and manage the area.

(b) The agreement may be terminated by either party by written notice to the other. The owner, upon termination, shall surrender the certificate.

(c) The agreement shall be terminated when the owner of a registered fragile area sells, conveys, or otherwise transfers ownership or interest in the land containing the fragile area to another party, unless the new owner requests to remain on the register.

(d) The name, location, and other information relating to the fragile area will be kept confidential if the owner so desires.

(Added 1989, No. 207 (Adj. Sess.), § 5.)

Chapter 159 Waste Management

Subchapter 1 General Provisions

§ 6601 Declaration of policy and purpose

(a) The developed world continues to pollute the environment and add to the depletion of the world’s resources by burning and burying resources as waste. Furthermore, inefficient and improper methods of managing solid and hazardous waste result in scenic blights, hazards to the public health, cause pollution of air and water resources, increase the numbers of rodents and vectors of disease, have an adverse effect on land values, create public nuisances, and otherwise interfere with proper community life and development.

(b) The overall problems of solid waste management have become a matter statewide in scope and in concern and necessitate State action through planning, financial, and technical assistance and regulation to reduce the amount of waste generated and to promote environmentally acceptable and economical means of waste management.

(c) The generators of waste should pay disposal costs that reflect the real costs to society of waste management and disposal.

(d) [Repealed.]

(e) It is the purpose of this chapter that the State provide technical and financial leadership to municipalities for the siting of solid waste management facilities and the implementation of a program for the management and reduction of wastes that over the long term is sustainable, environmentally sound, and economically beneficial and that encourages innovation and individual responsibility. The Program should give priority to reducing the waste stream through recycling and through the reduction of nonbiodegradable and hazardous ingredients.

(Added 1977, No. 106, § 1; amended 1987, No. 78, § 1.)

§ 6602 Definitions

As used in this chapter:

(1) “Secretary” means the Secretary of Natural Resources or his or her duly authorized representative.

(2) “Solid waste” means any discarded garbage; refuse; septage; sludge from a waste treatment plant, water supply plant, or pollution control facility; and other discarded material, including solid, liquid, semi-solid, or contained gaseous materials resulting from industrial, commercial, mining, or agricultural operations and from community activities but does not include animal manure and absorbent bedding used for soil enrichment; high carbon bulking agents used in composting; or solid or dissolved materials in industrial discharges that are point sources subject to permits under the Water Pollution Control Act, chapter 47 of this title.

(3) “Generator” means any person, by site, whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation.

(4) “Hazardous waste” means any waste or combination of wastes of a solid, liquid, contained gaseous, or semi-solid form, including those that are toxic, corrosive, ignitable, reactive, strong sensitizers, or that generate pressure through decomposition, heat, or other means, that in the judgment of the Secretary may cause or contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, taking into account the toxicity of such waste, its persistence and degradability in nature, and its potential for assimilation, or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other living organisms, or any matter that may have an unusually destructive effect on water quality if discharged to ground or surface waters of the State. All special nuclear, source, or by-product material, as defined by the Atomic Energy Act of 1954 as subsequently amended and codified in 42 U.S.C. § 2014, is specifically excluded from this definition.

(5) “Hazardous waste management” means the systematic and comprehensive management of the generation; storage; transport; treatment, including recycling and recovery; or disposal of hazardous waste materials.

(6) “Person” means any individual; partnership; company; corporation; association; unincorporated association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; federal agency; or any other legal or commercial entity.

(7) “Storage” means the actual or intended containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes.

(8) “Transport” or “transportation” means the movement of wastes by air, rail, highway, or water.

(9) “Treatment” means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous or solid waste, so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste safer for transport, amenable for recovery, amenable for storage, or reduced in volume, or for hazardous wastes, so as to render such waste nonhazardous.

(10) “Facility” means all contiguous land, structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of waste. A facility may consist of several treatment, storage, or disposal operational units.

(11) “Sanitary landfill” means a land disposal site employing an engineered method of disposing of solid waste on land in a manner that minimizes environmental hazards by spreading the solid waste in thin layers, compacting the solid waste to the smallest practical volume, and applying and compacting cover material at the end of each operating day.

(12) “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any ground or surface waters.

(13) “Waste” means a material that is discarded or is being accumulated, stored, or physically, chemically, or biologically treated prior to being discarded or has served its original intended use and is normally discarded or is a manufacturing or mining by-product and is normally discarded.

(14) “Economic poison” means:

(A) any substance produced, distributed, or used as a plant regulator, defoliant, or desiccant; and

(B) any substance produced, distributed, or used for preventing, destroying, or repelling any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living human or other animals, which the Commissioner shall declare to be a pest.

(15) [Repealed.]

(16)(A) “Hazardous material” means all petroleum and toxic, corrosive, or other chemicals and related sludge included in any of the following:

(i) any substance defined in section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980;

(ii) petroleum, including crude oil or any fraction thereof;

(iii) hazardous wastes, as determined under subdivision (4) of this section; or

(iv) a chemical or substance that, when released, poses a risk to human health or other living organisms and that is listed by the Secretary by rule.

(B) “Hazardous material” does not include herbicides and pesticides when applied consistent with good practice conducted in conformity with federal, State, and local laws, rules, and regulations and according to manufacturer’s instructions. Nothing in this subdivision shall affect the authority granted and the limitations imposed by section 6608a of this title.

(17) “Release” means any intentional or unintentional action or omission resulting in the spilling, leaking, pumping, pouring, emitting, emptying, dumping, or disposing of hazardous materials into the surface or groundwaters, or onto the lands in the State, or into waters outside the jurisdiction of the State when damage may result to the public health, lands, waters, or natural resources within the jurisdiction of the State. “Release” also means the intentional or unintentional action or omission resulting in the spilling, leaking, emission, or disposal of polychlorinated biphenyls (PCBs) from building materials in public schools and approved and recognized independent schools, as those terms are defined in 16 V.S.A. § 11, that were constructed or renovated before 1980.

(18) “Administrative costs” mean those additional costs incurred by an applicant to directly manage the specific planning or implementation project approved in the assistance application.

(19) “Implementation plan” means that plan that is adopted to be consistent with the State solid waste management plan. This plan must include all the elements required for consistency with the State plan and an applicable regional plan and shall be approved by the Secretary. This implementation plan is the basis for State certification of facilities under subsection 6605(c) of this title.

(20) “Regional plan” means that plan that is prepared and adopted in accordance with the provisions of 24 V.S.A. § 4348.

(21) “Municipal plan” means that plan that is prepared and adopted in accordance with the provisions of 24 V.S.A. § 4385.

(22) [Repealed.]

(23) “Secured lender” means a person who holds indicia of ownership in a facility, furnished by the owner or person in lawful possession, primarily to ensure the repayment of a financial obligation. Such indicia include interests in real or personal property that are held as security or collateral for repayment of a financial obligation, such as a mortgage, lien, security interest, assignment, pledge, surety bond, or guarantee, and include participation rights, held by a financial institution solely for legitimate commercial purposes, in making or servicing loans. The term “secured lender” includes a person who acquires indicia of ownership by assignment from another secured lender.

(24) “Municipal solid waste” means combined household, commercial, and industrial waste materials generated in a given area.

(25) “Compost” means a stable humus-like material produced by the controlled biological decomposition of organic matter through active management but shall not mean sewage, septage, or materials derived from sewage or septage.

(26) “Household hazardous waste” means any waste from households that would be subject to regulation as hazardous wastes if it were not from households.

(27) “Closed-loop recycling” means a system in which a product made from one type of material is reclaimed and reused in the production process or the manufacturing of a new or separate product.

(28) “Commercial hauler” means any person that transports:

(A) regulated quantities of hazardous waste; or

(B) solid waste for compensation in a motor vehicle.

(29) “Mandated recyclable” means the following source-separated materials: aluminum and steel cans, aluminum foil and aluminum pie plates, glass bottles and jars from foods and beverages, polyethylene terephthalate (PET) plastic bottles or jugs, high density polyethylene (HDPE) plastic bottles and jugs, corrugated cardboard, white and colored paper, newspaper, magazines, catalogues, paper mail and envelopes, boxboard, and paper bags.

(30) “Leaf and yard residual” means source-separated, compostable untreated vegetative matter, including grass clippings, leaves, kraft paper bags, and brush, that is free from noncompostable materials. It does not include such materials as pre- and postconsumer food residuals, food processing residuals, or soiled paper.

(31) “Food residual” means source-separated and uncontaminated material that is derived from processing or discarding of food and that is recyclable, in a manner consistent with section 6605k of this title. Food residual may include preconsumer and postconsumer food scraps. “Food residual” does not mean meat and meat-related products when the food residuals are composted by a resident on site.

(32) “Source-separated” or “source separation” means the separation of compostable and recyclable materials from noncompostable, nonrecyclable materials at the point of generation.

(33) “Wood waste” means trees, untreated wood, and other natural woody debris, including tree stumps, brush and limbs, root mats, and logs.

(34) “Participation in management” means, for the purpose of subsection 6615(g) of this title, a secured lender’s or fiduciary’s actual participation in the management or operational affairs of a facility. It does not mean a secured lender’s or fiduciary’s mere capacity to influence, or unexercised right to control, facility operations. A secured lender or fiduciary shall be considered to have participated in management if the secured lender or fiduciary:

(A) exercises decision-making control over environmental compliance related to the facility, such that the secured lender or fiduciary has undertaken responsibility for hazardous materials handling or disposal practices related to the facility; or

(B) exercises control at a level comparable to that of a manager of the facility, such that the secured lender or fiduciary has assumed or manifested responsibility:

(i) for the overall management of the facility encompassing day-to-day decision making with respect to environmental compliance; or

(ii) over all or substantially all of the operational functions, as distinguished from financial or administrative functions, of the facility other than the function of environmental compliance.

(35) “Regional development corporation” means a nonprofit corporation organized in this State whose principal purpose is to promote, organize, or accomplish economic development, including providing planning and resource development services to local communities, supporting existing industry, assisting the growth and development of new and existing small businesses, and attracting industry or commerce to a particular economic region of the State.

(36) “Regional planning commission” means a planning commission created for a region established under 24 V.S.A. chapter 117, subchapter 3.

(37) “Background concentration level” means the concentration level of PAHs, arsenic, or lead in soils, expressed in units of mass per mass, that is attributable to site contamination caused by atmospheric deposition or is naturally occurring and determined to be representative of statewide or regional concentrations through a scientifically valid means as determined by the Secretary.

(38) “Commencement of construction” means the construction of the first improvement on the land or to any structure or facility located on the land. “Commencement of construction” shall not mean soil testing or other work necessary for assessment of the environmental conditions of the land and subsurface of the land.

(39) “Development soils” means unconsolidated mineral and organic matter overlying bedrock that contains PAHs, arsenic, or lead in concentrations that:

(A) exceed the relevant soil screening level for residential soil;

(B) when managed in compliance with section 6604c, 6605, or 6605c of this title:

(i) pose no greater risk than the Agency-established soil screening value for the intended reuse of the property; and

(ii) pose no unreasonable risk to human health through a dermal, inhalation, or ingestion exposure pathway;

(C) do not leach compounds at concentrations that exceed groundwater enforcement standards; and

(D) do not result in an exceedance of Vermont groundwater enforcement standards.

(40) “Development soils concentration level” means those levels of PAHs, arsenic, or lead expressed in units of mass per mass, contained in the development soils.

(41) “Downtown development district” shall have the meaning stated in 24 V.S.A. § 2791(4).

(42) “Growth center” shall have the meaning stated in 24 V.S.A. § 2793c.

(43) “Neighborhood development area” shall have the meaning stated in 24 V.S.A. § 2793e.

(44) “Origin site” means a location where development soils originate.

(45) “PAHs” means polycyclic aromatic hydrocarbons.

(46) “Receiving site” means a location where development soils are deposited.

(47) “Receiving site concentration level” means those levels of PAHs, arsenic, or lead, expressed in units of mass per mass, that exist in soils at a receiving site.

(48) “TIF district” means a Tax Increment Financing District created by a municipality pursuant to 24 V.S.A. § 1892.

(49) “Village center” shall have the meaning stated in 24 V.S.A. § 2791(10).

(Added 1977, No. 106, § 1; amended 1979, No. 195 (Adj. Sess.), § 3, eff. May 6, 1980; 1981, No. 102, § 2; 1983, No. 148 (Adj. Sess.), § 1; 1985, No. 70, § 3, eff. May 20, 1985; 1985, No. 231 (Adj. Sess.), § 3; 1987, No. 76, § 18; 1989, No. 30, § 1, eff. April 27, 1989; 1989, No. 281 (Adj. Sess.), § 1, eff. June 22, 1990; 1989, No. 282 (Adj. Sess.), § 9, eff. June 22, 1990; 1993, No. 29, § 2, eff. May 26, 1993; 2003, No. 115 (Adj. Sess.), § 60, eff. Jan. 31, 2005; 2005, No. 65, § 2; 2007, No. 130 (Adj. Sess.), § 9, eff. May 12, 2008; 2009, No. 41, § 1; 2009, No. 146 (Adj. Sess.), § F10; 2011, No. 148 (Adj. Sess.), § 1; 2013, No. 55, § 11; 2015, No. 52, § 2, eff. June 5, 2015; 2017, No. 55, §§ 3, 4, eff. June 2, 2017; 2017, No. 113 (Adj. Sess.), § 46; 2019, No. 131 (Adj. Sess.), § 24; 2021, No. 74, § E.709.3; 2021, No. 185 (Adj. Sess.), § E.709.1, eff. July 1, 2021; 2021, No. 170 (Adj. Sess.), § 6, eff. July 1, 2022; 2023, No. 6, § 81, eff. July 1, 2023.)

§ 6603 Secretary; powers

In addition to any other powers conferred on him or her by law, the Secretary shall have the power to:

(1) Adopt, amend, and repeal rules pursuant to 3 V.S.A. chapter 25 implementing the provisions of this chapter.

(2) Issue compliance orders as may be necessary to effectuate the purposes of this chapter and enforce the same by all appropriate administrative and judicial proceedings.

(3) Encourage local units of government to manage solid waste problems within their respective jurisdictions or by contract on a cooperative regional or interstate basis.

(4) Provide technical assistance to municipalities.

(5) Contract in the name of the State for the service of independent contractors under bond, or with an agency or department of the State, or a municipality, to perform services or to provide facilities necessary for the implementation of the State plan, including the transportation and disposition of solid waste.

(6) Accept, receive, and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose of carrying out any of the functions of this chapter. This would include the ability to convey such grants or other funds to municipalities or other instruments of State or local government.

(7) Prepare a report that proposes methods and programs for the collection and disposal of household quantities of hazardous waste. The report shall compare the advantages and disadvantages of alternate programs and their costs. The Secretary shall undertake a voluntary pilot project to determine the feasibility and effectiveness of such a program when in the Secretary’s opinion such can be undertaken without undue risk to the public health and welfare. Such pilot program may address one or more forms of hazardous waste.

(8) Provide financial assistance to municipalities.

(9) Manage the hazardous wastes generated, transported, treated, stored, or disposed in the State by administering a regulatory and management program that, at a minimum, meets the requirements of subtitle C of the Resource Conservation and Recovery Act of 1976 and amendments thereto, codified as 42 U.S.C. Chapter 82, subchapter 3, and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

(10) Require a facility permitted under section 6605 of this title or a transporter permitted under section 6607 of this title to explain its rate structure for different categories of waste to ensure that the rate structure is transparent to residential consumers.

(Added 1977, No. 106, § 1; amended 1983, No. 148 (Adj. Sess.), § 2; 1989, No. 30, § 2, eff. April 27, 1989; 2011, No. 148 (Adj. Sess.), § 3.)

§ 6603a Repealed

[Repealed]

1989, No. 30, § 3.

§ 6603b Repealed

[Repealed]

1993, No. 59, § 24; No. 81, § 7(a), eff. Dec. 31, 1993.

§ 6603c Implementation grants and loans for waste management

(a)(1) The Secretary may issue grants to a municipality or a group of municipalities organized as a solid waste management district or acting through or as a regional planning commission for up to 40 percent of the cost of construction of facilities proposed in or equipment required:

(A) to implement a utility and facility element, as defined in 24 V.S.A. § 4348a, for waste stream reduction facilities that precede refuse disposal, which the Secretary finds is consistent with the State Waste Management Plan; or

(B) to implement a solid waste management plan that the Secretary has determined is consistent with the provisions of the State Waste Management Plan, is in conformance with any regional or adopted municipal plan, and is consistent with the requirements of this chapter.

(2) Grants shall not be available under this section for sanitary landfills or incineration facilities.

(3) Effective January 1, 1994, the costs of design for eligible projects shall be eligible for grants under this section.

(b)(1) A municipality or group of municipalities organized as a solid waste management district or acting through or as a regional planning commission may apply to the Secretary for grants under this section. The Secretary may review and award grants, according to the priorities established in this section, to the extent that funds are available. Grants awarded under subdivision (c)(2) of this section shall be made on a quarterly basis to the extent funds are available. The application shall be in a form prescribed by the Secretary and shall include:

(A) a complete description of the project and its purpose;

(B) an explanation of the role of the project in the regional, district, or municipal solid waste management plan and how and when the plan will be implemented;

(C) the cost of the project and the amount of the grant requested;

(D) evidence that all funding required for implementation of the plan, beyond that provided by this chapter, has been obtained or will be available through user fees or other sources; and

(E) evidence that private alternatives have been considered.

(2) In making grants to projects eligible under this section, the Secretary shall give priority to proposals that are certified by the Commissioner of Health as being necessary to eliminate a hazard to human health and to those that are determined by the Secretary as being able effectively to accomplish the priorities set forth in subdivision 6604(a)(1) of this chapter.

(3) No grant awards shall be made by the Secretary until all permits or other authority for the proposed project have been obtained.

(c) When making grants, the Secretary shall require cost accounting procedures and other fiscal elements necessary for proper administration of the grant.

(1) Upon selection of a recipient, award of the grant, and initiation of construction, the Secretary may make periodic grant payments based on certification by the grantee showing that costs for which reimbursement is requested have been incurred and paid by the grantee. The recipient shall provide supporting evidence of payment upon the request of the Department. Partial payments shall be made not more frequently than monthly. Interest costs incurred in local short-term borrowing of the grant amount shall be reimbursed as part of the grant. After the project has been completed, the applicant has taken other necessary action, and the costs have been audited by the Secretary or an independent auditor, the Secretary shall certify the remainder of the award to the Commissioner of Finance and Management who shall issue a warrant for payment.

(2) The Secretary shall make grants under this section according to the following priorities:

(A) Any project that as of July 1, 1993 has received a positive bond vote or similar approval receives highest priority.

(B) Any project that is included in an adopted solid waste implementation plan approved by the Agency by July 1, 1993, which meets all the requirements for implementation grant funding by December 31, 1993, receives high priority. However, if a district does not come into existence until after July 1, 1993, it shall be eligible for funds under this section, if within 24 months from the date of its existence it adopts an implementation plan and obtains approval of that plan.

(C) Any project that does not meet the criterion of subdivision (2)(A) or (B) of this subsection (c) must be included in an approved solid waste implementation plan and is subject to the following priority list in descending order:

(i) projects to manage toxic material, unregulated hazardous waste, and hazardous household waste;

(ii) projects eligible for grants under subsection 6622(d) of this title to manage other materials not appropriate for landfilling or incineration;

(iii) other projects to manage other materials not appropriate for landfilling or incineration.

(3) The Secretary may adopt rules consistent with this chapter that are necessary for proper administration of this section.

(d) The Secretary may authorize low-interest loans from the Vermont Solid Waste Revolving Fund, as provided in 24 V.S.A. chapter 120, for the construction of facilities proposed in, or equipment required to implement a utility and facility element, as defined in 24 V.S.A. § 4348a, for refuse disposal, which the Secretary finds is consistent with the State Waste Management Plan, or to implement a plan approved by the Agency of Natural Resources.

(Added 1987, No. 78, § 6; amended 1989, No. 30, § 5, eff. April 27, 1989; 1989, No. 276 (Adj. Sess.), § 35, eff. June 20, 1990; 1993, No. 81, § 1; 1995, No. 62, § 45, eff. April 26, 1995; 1995, No. 185 (Adj. Sess.), § 54, eff. May 22, 1996; 2015, No. 97 (Adj. Sess.), § 32; 2019, No. 131 (Adj. Sess.), § 25; 2021, No. 20, § 50.)

§ 6603d User fee implementation assistance

(a) The Secretary shall issue a grant to a municipality or a group of municipalities organized as a solid waste management district to develop and implement a system of user fees for municipally operated solid waste management facilities. Priority consideration shall be given to a municipality or a group of municipalities organized as a solid waste district that use privately owned or operated facilities for disposal of their solid waste. Within the amounts appropriated for this purpose, grants may be made for up to 100 percent of the costs of implementing a system of user fees.

(b) After July 1, 1988, each municipality or solid waste district that pays a tax pursuant to 32 V.S.A. § 5952 shall be entitled to retain five percent of the amount due in order to defray costs of tax administration.

(Added 1987, No. 78, § 7; amended 1989, No. 30, § 6, eff. April 27, 1989; 2019, No. 131 (Adj. Sess.), § 26.)

§ 6603e Repealed

[Repealed]

1995, No. 189 (Adj. Sess.), § 8.

§ 6603f Repealed

[Repealed]

1993, No. 59, § 24; No. 81, § 7(b).

§ 6603g Hazardous Waste Facility Grant Program

The Secretary shall administer a grant program under this section for any municipality that has received a notice of intent to construct a hazardous waste management facility under section 6606a of this title. The grant, not to exceed $75,000.00 and not to exceed 75 percent of the accepted estimated costs, may be used by the proposed host municipality to provide technical assistance and to otherwise assist the community to effectively assess the impacts of an existing application for a local permit for a hazardous waste treatment or disposal facility.

(Added 1989, No. 282 (Adj. Sess.), § 10, eff. June 22, 1990.)

§ 6603h Host community fee

A municipality in which a facility certified under this chapter is located may negotiate a compensatory host payment from a solid waste district, a regional planning commission, the owner of the facility, or any combination of these.

(Added 1991, No. 60, § 1.)

§ 6603i Landfill closure grants

(a) The Secretary is authorized to award grants to municipalities and solid waste management districts for the portion of the cost of closure of unlined landfills receiving municipal solid waste located within the municipality or district. These grants shall be available to assist in the closure of any existing unlined landfills accepting solid waste as of June 9, 1992.

(b) The amount of any grants made under this section shall not exceed the actual costs of closure of the facility, minus an amount equal to the total tonnage of waste disposed at the facility between July 1, 1989 and the last date of acceptance of solid waste for disposal at the facility, multiplied by $24.00 per ton. Eligible closure costs shall include all necessary construction costs, a reasonable cost for engineering oversight, and an amount, not to exceed five percent or $50,000.00, whichever is less, of the construction costs, to cover the legal, administrative, and fiscal costs.

(Added 1991, No. 256 (Adj. Sess.), § 29, eff. June 9, 1992; amended 2005, No. 215 (Adj. Sess.), § 214; 2019, No. 131 (Adj. Sess.), § 27.)

§ 6603j Curbside collection of waste oil

(a) Municipalities that have more than 4,000 residents or that have mandatory curbside collection of recyclables shall be eligible for State grants under this section if they implement a program for the curbside collection of used oil by July 1, 1996. A private hauler that, by July 1, 1996, implements or participates in a program for the curbside collection of used oil shall be eligible if the private hauler serves a community or group of communities with a population of more than 4,000 or serves a community with mandatory curbside collection of recyclables. Eligibility in all cases shall depend upon the municipality’s or the hauler’s compliance with all State program requirements and upon the taking of all necessary precautions to minimize contamination while collecting used oil.

(b) Municipalities that provide curbside collection services as specified in subsection (a) of this section and private haulers that provide such services may apply to the Secretary for grants under this subsection. Financial assistance may be provided in the form of grants to compensate up to 60 percent of the costs incurred:

(1) to retrofit collection vehicles to collect used oil at the curb (in an amount not to exceed $360.00 per truck); and

(2) to purchase pumps necessary to transfer oil from collection vehicles to the larger aggregation container (in an amount not to exceed $300.00 per pump) as part of the operations of a used oil collection program that is part of the State program.

(c) Funding for this program shall come from the Petroleum Cleanup Fund, from which funds may be disbursed for this purpose in addition to those purposes authorized under 10 V.S.A. § 1941. The Secretary shall allocate grants under this section in amounts totaling not more than $20,000.00 per year after consulting with the technical advisory committee on solid waste and after establishing equitable limits on the number of grants that may be awarded, under this section, to particular areas of the State.

(d) Recipients of grants under this section, for a period of three years from the date of receipt of the grant, shall be required to provide to their customers, on a quarterly basis, information that encourages those customers to participate in the curbside used oil collection program.

(e) The Secretary may adopt rules establishing criteria for eligible collection programs and rules to manage grant allocation under this section.

(Added 1993, No. 220 (Adj. Sess.), § 1.)

§ 6604 Solid waste management plan

(a) No later than November 1, 2013, the Secretary shall adopt, after notice and public hearing pursuant to 3 V.S.A. chapter 25, a solid waste management plan that sets forth a comprehensive statewide strategy for the management of waste.

(1) The plan shall promote the following priorities, as found appropriate for certain waste streams, based on data obtained by the Secretary as part of the analysis and assessment required under subdivision (2) of this subsection:

(A) the greatest feasible reduction in the amount of waste generated;

(B) materials management, which furthers the development of products that will generate less waste;

(C) the reuse and closed-loop recycling of waste to reduce to the greatest extent feasible the volume remaining for processing and disposal;

(D) the reduction of the State’s reliance on waste disposal to the greatest extent feasible;

(E) the creation of an integrated waste management system that promotes energy conservation, reduces greenhouse gases, and limits adverse environmental impacts; and

(F) waste processing to reduce the volume or toxicity of the waste stream necessary for disposal.

(2) The plan shall be revised at least once every five years and shall include:

(A) An analysis of the volume and nature of wastes generated in the State, the source of the waste, and the current fate or disposition of the waste. Such an analysis shall include a waste composition study conducted in accordance with generally accepted practices for such a study.

(B) An assessment of the feasibility and cost of diverting each waste category from disposal, including, to the extent the information is available to the Agency, the cost to stakeholders, such as municipalities, manufacturers, and customers. As used in this subdivision (a)(2), “waste category” means:

(i) marketable recyclables;

(ii) leaf and yard residuals;

(iii) food residuals;

(iv) construction and demolition residuals;

(v) household hazardous waste; and

(vi) additional categories or subcategories of waste that the Secretary identifies that may be diverted to meet the priorities set forth under subdivision (a)(1) of this section.

(C) A survey of existing and potential markets for each waste category that can be diverted from disposal.

(D) Measurable goals and targets for waste diversion for each waste category.

(E) Methods to reduce and remove material from the waste stream, including commercially generated and other organic wastes, used clothing, and construction and demolition debris, and to separate, collect, and recycle, treat, or dispose of specific waste materials that create environmental, health, safety, or management problems, including tires, batteries, obsolete electronic equipment, and unregulated hazardous wastes. These portions of the plans shall include strategies to ensure recycling in the State and to prevent the incineration or other disposal of marketable recyclables.

(F) A coordinated education and outreach component that advances the objectives of the plan, including the source separation requirements, generator requirements to remove food residuals, and the landfill disposal bans contained within this chapter.

(G) Performance and accountability measures to ensure that implementation plans are effective in meeting the requirements of this section.

(H) An assessment of facilities and programs necessary at the State, regional, or local level to achieve the priorities identified in subdivision (a)(1) of this section and the goals established in the plan. These portions of the plan shall be based, in part, on an assessment of the status, capacity, and life expectancy of existing solid waste facilities, and they shall include siting criteria for waste management facilities and shall establish requirements for full public involvement.

(b) The Secretary shall hold public hearings, conduct analyses, and make recommendations to the House Committee on Environment and the Senate Committee on Natural Resources and Energy regarding the volume, amount, and toxicity of the waste stream. In this process, the Secretary shall consult with manufacturers of commercial products and of packaging used with commercial products, retail sales enterprises, health and environmental advocates, waste management specialists, the general public, and State agencies. The goal of the process is to ensure that packaging used and products sold in the State are not an undue burden to the State’s ability to manage its waste. The Secretary shall seek voluntary changes on the part of the industrial and commercial sector in both their practices and the products they sell, so as to serve the purposes of this section. In this process, the Secretary may obtain voluntary compliance schedules from the appropriate industry or commercial enterprise and shall entertain recommendations for alternative approaches. The Secretary shall report at the beginning of each biennium to the House Committee on Environment and the Senate Committee on Natural Resources and Energy with any recommendations or options for legislative consideration. At least 45 days prior to submitting the report, the Secretary shall post any recommendations within the report to the Agency’s website for notice and comment.

(1) In carrying out the provisions of this subsection, the Secretary first shall consider ways to keep hazardous material; toxic substances, as that term is defined in subdivision 6624(7) of this title; and nonrecyclable, nonbiodegradable material out of the waste stream, as soon as possible. In this process, immediate consideration shall be given to the following:

(A) evaluation of products and packaging that contain large concentrations of chlorides, such as packaging made with polyvinyl chloride (PVC);

(B) evaluation of polystyrene packaging, particularly that used to package fast food on the premises where the food is sold;

(C) evaluation of products and packaging that bring heavy metals into the waste stream, such as disposable batteries, paint and paint products and containers, and newspaper supplements and similar paper products; and

(D) identification of unnecessary packaging, which is nonrecyclable and nonbiodegradable.

(2) With respect to the items listed in subdivision (1) of this subsection, the Secretary shall consider the following:

(A) product and packaging bans, products or packaging that ought to be exempt from such bans, the existence of less burdensome alternatives, and alternative ways that a ban may be imposed;

(B) tax incentives, including the following options:

(i) product taxes, based on a sliding scale, according to the degree of undue harm caused by the product, the existence of less harmful alternatives, and other relevant factors; and

(ii) taxes on all nonrecyclable, nonbiodegradable products or packaging; and

(C) deposit and return legislation for certain products.

(c) A portion of the State’s Solid Waste Management Plan shall set forth a comprehensive statewide program for the collection, treatment, beneficial use, and disposal of septage and sludge. The Secretary shall work cooperatively with the Department of Health and the Agency of Agriculture, Food and Markets in developing this portion of the Plan and the rules to carry it out, both of which shall be consistent with or more stringent than that prescribed by section 405 of the Clean Water Act (33 U.S.C. § 1251 et seq.). In addition, the Secretary shall consult with local governmental units and the interested public in the development of the plans. The sludge management plan and the septage management plan shall be developed and adopted by January 15, 1987. In the development of these portions of the plan, consideration shall be given to, but shall not be limited to, the following:

(1) the varying characteristics of septage and sludge;

(2) its value as a soil amendment;

(3) the need for licensing or other regulation of septage and sludge handlers;

(4) the need for seasonal storage capability;

(5) the most appropriate burdens to be borne by individuals, municipalities, and industrial and commercial enterprises;

(6) disposal site permitting procedures;

(7) appropriate monitoring and reporting requirements;

(8) actions that can be taken through existing State programs to facilitate beneficial use of septage and sludge;

(9) the need for regional septage facilities;

(10) an appropriate public information program; and

(11) the need for and proposed nature and cost of appropriate pilot projects.

(d) Although the plan adopted under this section and any amendments to the plan shall be adopted by means of a public process that is similar to the process involved in the adoption of administrative rules, the plan, as initially adopted or as amended, shall not be a rule.

(Added 1977, No. 106, § 1; amended 1985, No. 190 (Adj. Sess.), § 1, eff. May 14, 1986; 1987, No. 78, § 2; 1987, No. 246 (Adj. Sess.), § 3, eff. June 13, 1988; 1989, No. 218 (Adj. Sess.), § 7, eff. Oct. 1, 1990; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991, No. 282 (Adj. Sess.), § 11, eff. June 22, 1990; 2003, No. 42, § 2, eff. May 27, 2003; 2007, No. 209 (Adj. Sess.), § 6; 2011, No. 148 (Adj. Sess.), § 2; 2015, No. 97 (Adj. Sess.), § 33; 2017, No. 113 (Adj. Sess.), § 47; 2023, No. 85 (Adj. Sess.), § 9, eff. July 1, 2024.)

§ 6604a Contaminated soils

(a) The Secretary of the Agency of Natural Resources, in consultation with the Commissioner of the Department of Health and the Secretary of the Agency of Agriculture, Food and Markets, shall develop a plan for the receipt, treatment, and disposal, at one or more sites owned by the State, of soils contaminated within the State by petroleum products or other contaminants that require a comparable treatment technology, as may be determined by the Secretary. The plan shall be submitted to the General Assembly on or before January 15, 1989. In developing the plan, the Secretary shall:

(1) estimate the volumes of such contaminated soils expected to require disposal;

(2) define the characteristics of the wastes to be received;

(3) recommend the treatment process or processes to be used;

(4) establish the health and environmental standards to be applied to the operation;

(5) describe the monitoring and recording requirements for the operation;

(6) recommend ways to assure public access to the results of monitoring and to all records of the operation;

(7) define the characteristics of sites suitable for this purpose and identify one or more sites in public or private ownership that appear to meet the criteria;

(8) project the environmental and economic advantage to the State as well as to affected private parties in providing this treatment and disposal capability;

(9) analyze the feasibility and advisability of using lands currently owned by the State, compared to acquiring new lands;

(10) estimate the costs of developing and operating a site for this purpose;

(11) compare the advantages and disadvantages of State or private operation;

(12) consider the advisability of amending chapter 151 of this title to require that any site developed for the purposes of this section be subject to review under that chapter;

(13) propose fees to be charged for this service to offset all or a part of the costs to the State, including the costs of appropriate financial assurances;

(14) provide other relevant information to carry out the purpose of this section; and

(15) evaluate the feasibility of using certain contaminated soils in the manufacture of asphalt or other road construction material.

(b) The Secretary is authorized, for three years commencing on May 14, 1986, to permit a limited number of small on-site treatment and disposal operations for petroleum fuels, commensurate with the intent of this section, when in the Secretary’s opinion the public health and safety will not be adversely affected. All pertinent information gathered regarding permits granted and the surveillance, monitoring, and operation of these test sites shall be public information. On-site treatment and disposal operations together with necessary associated transportation of contaminated soils are not required to comply with sections 6606 and 6607 of this chapter.

(Added 1985, No. 189 (Adj. Sess.), § 1, eff. May 14, 1986; amended 1987, No. 76, § 18; 1987, No. 85, § 3, eff. June 9, 1987; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)

§ 6604b Testing of solid wastes prior to beneficial use on land or distribution and marketing

(a) The Secretary of Natural Resources, in consultation with the Secretary of Agriculture, Food and Markets and with the Commissioner of Health, shall adopt rules to establish a testing program for all sewage sludge, or similar liquid wastes, prior to their beneficial use on land or prior to distribution and marketing of those wastes in liquid or solid form. The testing program shall establish a process for the determination of minimum testing frequencies and specific parameters for which analysis must be completed and shall detail procedures by which samples are collected, stored, and tested.

(b) In establishing the process for the determination of test parameters and frequency, the rules shall take into account the size and complexity of the facility, the nature of the service area or collection system, including industrial contributions, the frequency of sewage sludge use on the land, and any existing data that is pertinent to the facility.

(c) Rules regarding the application of waste to fields shall take into consideration the characteristics of the specific waste involved and shall calculate the heavy metal or micronutrient soil holding capacity based on a pH of 5.5 for the soil type at the application site, as appropriate.

(d) A person subject to this section shall make all analytical results derived from the testing program provided for in this section available to the public upon request.

(Added 1991, No. 157, § 1, eff. May 5, 1992; amended 2003, No. 42, § 2, eff. May 27, 2003.)

§ 6604c Management of development soils

(a) Management of development soils. Notwithstanding any other requirements of this chapter to the contrary, development soils may be managed at a location permitted pursuant to an insignificant waste event approval authorization issued pursuant to the Solid Waste Management Rules that contains, at a minimum, the following:

(1) the development soils are generated from a hazardous materials site managed pursuant to a corrective action plan or a soil management plan approved by the Secretary;

(2) the development soils have been tested for arsenic, lead, and polyaromatic hydrocarbons pursuant to a monitoring plan approved by the Secretary that ensures that the soils do not leach above groundwater enforcement standards;

(3) the location where the soils are managed is appropriate for the amount and type of material being managed;

(4) the soils are capped in a manner approved by the Secretary;

(5) any activity that may disturb the development soils at the permitted location shall be conducted pursuant to a soil management plan approved by the Secretary; and

(6) the permittee files a record notice of where the soils are managed in the land records.

(b), (c) [Repealed.]

(d) On or before July 1, 2017, the Secretary shall adopt rules that allow for the management of excavated soils requiring disposal that contain PAHs, arsenic, or lead in a manner that ensures protection of human health and the environment and promotes Vermont’s traditional settlement patterns in compact village or city centers. At a minimum, the rules shall:

(1) include statewide or regional background concentration levels for PAHs, arsenic, and lead that are representative of typical soil concentrations and found throughout existing development areas;

(2) specify that development soils with concentration levels equal to or lower than the background concentration levels established by the Secretary shall not be defined as or required to be treated as solid waste;

(3) include criteria for determining site-specific maximum development soil concentration levels for PAHs, arsenic, and lead;

(4) in addition to disposal at a certified waste facility, adopt a process for the management or disposal of development soils that have concentration levels that exceed residential soil screening levels, but are below the site-specific maximum development soils concentration levels;

(5) adopt a process to preapprove sites to receive development soils from multiple developments; and

(6) be designed to provide that the criteria established under subdivision (3) of this subsection and the process developed under subdivision (4) of this subsection shall be no less protective of human health and the environment than the standard for development soils and the process established under subsection (b) of this section.

(e) At any time, the Secretary may adopt by rule background and maximum concentration levels for other potentially hazardous material in soils such that the development soils containing these other materials would be categorized and treated according to the rules adopted by the Secretary under subsection (d) of this section.

(Added 2015, No. 52, § 3, eff. June 5, 2015; amended 2015, No. 150 (Adj. Sess.), § 37a, eff. May 31, 2016; 2019, No. 131 (Adj. Sess.), § 28; 2025, No. 69, § 15, eff. July 1, 2025.)

§ 6605 Solid waste management facility certification

(a)(1) No person shall construct, substantially alter, or operate any solid waste management facility without first obtaining certification from the Secretary for such facility, site, or activity, except for sludge or septage treatment or storage facilities located within the fenced area of a domestic wastewater treatment plant permitted under chapter 47 of this title. This exemption for sludge or septage treatment or storage facilities shall exist only if:

(A) the treatment facility does not use a process to reduce pathogens further in order to qualify for marketing and distribution; and

(B) the facility is not a drying bed, lagoon, or nonconcrete bunker; and

(C) the owner of the facility has submitted a sludge and septage management plan to the Secretary and the Secretary has approved the plan. Noncompliance with an approved sludge and septage management plan shall constitute a violation of the terms of this chapter, as well as a violation under chapters 201 and 211 of this title.

(2) Certification shall be valid for a period not to exceed 10 years.

(b) Certification for a solid waste management facility, where appropriate, shall:

(1) Specify the location of the facility, including limits on its development.

(2) Require proper operation and development of the facility in accordance with the engineering plans approved under the certificate.

(3)(A) Specify the projected amount and types of waste material to be disposed of at the facility, which, in case of landfills and incinerators, shall include the following:

(i) if the waste is being delivered from a municipality that has an approved implementation plan, hazardous materials and recyclables shall be removed from the waste according to the terms of that implementation plan;

(ii) except as provided in subdivision (B) of this subdivision (3), if the waste is being delivered from a municipality that does not have an approved implementation plan, leaf and yard residuals shall be removed from the waste stream, and 100 percent of each of the following shall be removed from the waste stream: mandated recyclables, hazardous waste from households, and hazardous waste from small quantity generators.

(B) If waste delivered to the facility is process residuals from a material recovery facility, the facility receiving the waste shall not be required to remove 100 percent of mandated recyclables from the process residuals if the facility receiving the waste has a plan approved by the Secretary to remove mandated recyclables from the process residuals to the maximum extent practicable.

(4) Specify the type and numbers of suitable pieces of equipment that will operate the facility properly.

(5) Contain provisions for air, groundwater, and surface water monitoring throughout the life of the facility and provisions for erosion control, capping, landscaping, drainage systems, and monitoring systems for leachate and gas control.

(6) Contain such additional conditions, requirements, and restrictions as the Secretary may deem necessary to preserve and protect the public health and the air, groundwater, and surface water quality. This may include requirements concerning reporting, recording, and inspections of the operation of the site.

(c) The Secretary shall not issue a certification for a new facility or renewal for an existing facility, except for a sludge or septage land application project, unless it is included in an implementation plan adopted pursuant to 24 V.S.A. § 2202a, for the area in which the facility is located.

(d) New landfills placed in operation after July 1987 shall be lined and shall collect and treat leachate. Except as provided in section 6614 of this title, or if, pursuant to information obtained through the pilot projects completed under subsection 6604(b) of this title or from other sources, the Secretary identifies particular waste components that will not be the source of leachate harmful to health or the environment, the Secretary may waive the requirements for liners in landfills or portions of landfills designated solely to receive these wastes. Solid waste shall be included among these waste components that will not be the source of harmful leachate, in situations where all of the following apply:

(1) material to be landfilled has been subjected to a hazardous waste collection, diversion, and inspection program that removes at least 90 percent of the hazardous and toxic waste, including that classified as hazardous household waste and including that generated by small quantity generators;

(2) material to be landfilled has had at least 90 percent of the compostable material and marketable recyclables removed by source separation or by a combination of source separation and mechanical separation;

(3) the municipality in which the landfill or any portion of the landfill exists has permission of the facility operator to monitor landfill operations during operating hours, by means of a person appointed or hired by town officials or elected by the voters of the municipality.

(e) Ash from waste incineration facilities shall be disposed of only in lined facilities, unless recycled in a manner approved by the Secretary.

(f) When an application for a certification is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(g)(1) Notwithstanding any contrary provision of this section, the Secretary may authorize the land disposal or management of sludge or septage by an applicant at any certified site or facility with available capacity, provided the Secretary finds:

(A) that the applicant needs to dispose of accumulated sludge or septage promptly, and that delay would likely cause public health, or environmental damage, or nuisance conditions, or would result in excessive and unnecessary cost to the public, and that the applicant has lost authority to use previously certified sites through no act or omission of the applicant; and

(B) that at the certified site or facility to be used:

(i) the certificate holder agrees in writing to allow use of the site or facility by the applicant;

(ii) management of the applicant’s sludge or septage is compatible with the site or facility certificate;

(iii) all terms and conditions of the original certification will continue to be met with addition of the applicant’s sludge or septage; and

(iv) beginning January 1, 2013, any sludge or septage applied to land shall be applied according to a nutrient management plan approved by the Secretary.

(2) Issuance of an approval under this subsection shall comply with section 7716 of this title.

(h) The Secretary shall not issue a certification to a new nonmunicipal facility, or recertify an existing nonmunicipal facility, without first determining that the applicant meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title.

(i) In lieu of obtaining a certification for the long-term maintenance and postclosure care of the facility, the Secretary shall adopt rules to ensure the proper maintenance and postclosure care of facilities that disposed of municipal solid waste and any other waste stream designated by the Secretary. These rules shall require that the facility owner and operator maintain financial responsibility as required under section 6611 of this title for the period of time determined necessary to protect public health and the environment. These rules may include requirements for monitoring at a facility, monitoring requirements for surface water or groundwater in the vicinity of the facility, monitoring of leachate and gas control, physical maintenance of the facility, and corrective action for any release of a solid waste from the facility.

(j) A facility certified under this section that offers the collection of municipal solid waste shall:

(1) Beginning on July 1, 2014, collect mandated recyclables separate from other solid waste and deliver mandated recyclables to a facility maintained and operated for the management and recycling of mandated recyclables. A facility shall not be required to accept mandated recyclables from a commercial hauler.

(2) Beginning on July 1, 2015, collect leaf and yard residuals between April 1 and December 15 separate from other solid waste and deliver leaf and yard residuals to a location that manages leaf and yard residuals in a manner consistent with the priority uses established under subdivisions 6605k(a)(3)-(5) of this title.

(3) Beginning on July 1, 2017, collect food residuals separate from other solid waste and deliver food residuals to a location that manages food residuals in a manner consistent with the priority uses established under subdivisions 6605k(a)(2)-(5) of this title.

(k) The Secretary may, by rule, adopt exemptions to the requirements of subsection (j) of this section, provided that the exemption is consistent with the purposes of this chapter and the objective of the State plan.

(l) A facility certified under this section may incorporate the cost of the collection of mandated recyclables into the cost of the collection of municipal solid waste and may adjust the charge for the collection of municipal solid waste. A facility certified under this section may charge a separate fee for the collection of mandated recyclables, leaf and yard residuals, or food residuals.

(m) Mandated recyclables, leaf and yard residuals, or food residuals collected as part of a litter collection event operated or administered by a nonprofit organization or municipality shall be exempt from the requirements of subdivision (b)(3)(B) and subsection (j) of this section.

(n) A farm producing compost under subdivision 6001(22)(H) of this title is exempt from the requirements of this section.

(Added 1977, No. 106, § 1; amended 1979, No. 195 (Adj. Sess.), § 6, eff. May 6, 1980; 1987, No. 78, § 8; 1989, No. 281 (Adj. Sess.), § 4, eff. June 22, 1990; 1991, No. 157 (Adj. Sess.), § 2, eff. May 5, 1992; 1991, No. 202 (Adj. Sess.), § 1, eff. May 27, 1992; 1993, No. 81, § 2; 1993, No. 157 (Adj. Sess.), § 2, eff. June 7, 1994; 1993, No. 233 (Adj. Sess.), § 61, eff. June 21, 1994; 1997, No. 51, § 3; 2001, No. 149 (Adj. Sess.), § 87, eff. June 27, 2002; 2009, No. 146 (Adj. Sess.), § F11; 2011, No. 138 (Adj. Sess.), § 31, eff. May 14, 2012; 2011, No. 148 (Adj. Sess.), § 4; 2013, No. 175 (Adj. Sess.), § 4; 2015, No. 95 (Adj. Sess.), § 1, eff. May 10, 2016; 2015, No. 150 (Adj. Sess.), § 25, eff. Jan. 1, 2018; 2017, No. 208 (Adj. Sess.), § 1, eff. May 30, 2018; 2021, No. 41, § 4, eff. May 20, 2021.)

§ 6605a Review of existing landfills

(a) By July 1, 1990, the Secretary of Natural Resources shall complete a review of each landfill that is operating or certified as of July 1, 1987, to determine whether it should be closed or continue to operate and whether remedial action is necessary. The review shall assess:

(1) The impact of the landfill on groundwater, surface water, and air quality.

(2) The operating history and compliance status of the landfill.

(3) The potential of the landfill to affect the public health taking into account:

(A) the proximity of drinking water supplies or buildings in regular use;

(B) the nature and extent of actual or expected air and water contamination;

(C) the ownership and use of surrounding land; and

(D) the size, age, capacity, and use of the landfill.

(b) Within 120 days after the review is completed, the Secretary shall propose to certify the landfill or to grant an interim certification pursuant to section 6605b of this title to close or upgrade the landfill. A landfill shall be closed or remedial action shall be required if the Secretary finds that it has caused or is likely to cause a significant risk to public health or the environment.

(c) No later than July 1, 1991 the operating portion of each landfill shall be lined, if required under the provisions of subsection 6605(d) of this title, except that those in operation as of July 1, 1987 that are certified to receive or actually receive less than 1,000 tons of municipal waste per year may be exempted from this requirement according to the provisions of subsection (d) of this section, or if, considering the factors established in subdivision (a)(3) of this section, the Secretary finds that they will not create a significant risk to public health and that they will not cause irreparable harm to the environment. Violations of secondary safe drinking water standards, standing alone, will not be construed under this subsection or under subsection 6605(b) of this title to constitute significant risks to public health or to cause irreparable harm to the environment. Where the Secretary has determined, by clear and convincing evidence, that the operation of a solid waste landfill, or the existence of a solid waste landfill closed after July 1, 1987, has increased the level of any secondary drinking water quality contaminant, in the downgradient groundwater, so that the resulting water quality exceeds the secondary drinking water standards, the Secretary shall require the operator of the landfill facility to institute remedial activities. These remedial activities may include the installation of water treatment systems to remove secondary contaminants from the affected drinking water supplies, or the replacement of the contaminated drinking water source or sources.

(d) The Secretary may authorize continued operation of a municipally owned unlined landfill that is in operation on July 1, 1992 and that will receive less than 1,000 tons per year of waste for disposal, if the legislative body of the municipality has voted to continue to operate the landfill and if the Secretary has approved a plan submitted by the municipality that shall be implemented by October 1, 1992, which demonstrates how approximately 90 percent of yard waste and hazardous waste from households and small quantity generators, along with a substantial portion of marketable recyclables, will be removed from the waste stream before disposal. Approval under this section shall exempt the landfill from compliance with those provisions of the solid waste rules that require a minimum vertical separation to bedrock of 10 feet, that require a minimum of six feet vertical separation from the high seasonal water table, and that require a minimum distance of 300 feet to the waters of the State. Violations of secondary safe drinking water standards, standing alone, will not be construed under this subsection or under subsection 6605(b) of this title to allow or require the Secretary to deny approval of landfills regulated under this subsection. Where the Secretary has determined, by clear and convincing evidence, that the operation of a solid waste landfill, or the existence of a solid waste landfill closed after July 1, 1987, has increased the level of any secondary drinking water quality contaminant in the downgradient groundwater so that the resulting water quality exceeds the secondary drinking water standards, the Secretary shall require the operator of the landfill facility to institute remedial activities. These remedial activities may include the installation of water treatment systems to remove secondary contaminants from the affected drinking water supplies, or the replacement of the contaminated drinking water source or sources.

(Added 1987, No. 78, § 9; amended 1991, No. 202 (Adj. Sess.), § 11, eff. May 27, 1992; 1993, No. 232 (Adj. Sess.), § 43, eff. March 15, 1995.)

§ 6605b Interim certification

(a) A person who does not qualify for a solid waste management facility certification under section 6605 of this title may be issued an interim certification. The Secretary may require the applicant to submit any additional information that the Secretary considers necessary, and may refuse to grant the interim certification until the information is furnished and evaluated.

(b) The Secretary shall not issue an interim certification without affirmatively finding:

(1) that the operation of the solid waste management facility is necessary and will result in some public benefit;

(2) that there is no present, reasonable, alternative means for waste disposal;

(3) that the applicant needs to operate the facility for a period of time necessary to complete research, planning, construction, installation, or operation of an approved facility or to close the existing facility;

(4) that the operation of the facility will not create an unreasonable risk to the public health nor be unreasonably destructive to the environment;

(5) that the operation of the facility is consistent with an approved plan, for the area in which the facility is located, or the State Solid Waste Management Plan; and

(6) that the applicant, if other than a municipality, meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title.

(c) Any interim certificate issued shall:

(1) specify the location of the facility, including limits on its development;

(2) require proper operation of the facility;

(3) specify the amounts and types of waste material to be disposed of at the facility, which, in case of landfills and incinerators, shall include the following;

(A) if the waste is being delivered from a municipality that has an approved implementation plan, hazardous materials and recyclables shall be removed from the waste according to the terms of that implementation plan,

(B) if the waste is being delivered from a municipality that does not have an approved implementation plan, yard waste shall be removed from the waste stream, as shall a minimum of approximately 75 percent of each of the following: marketable recyclables, hazardous waste from households, and hazardous waste from small quantity generators;

(4) specify the type and numbers of suitable pieces of equipment that will operate the facility properly;

(5) contain provisions for air, groundwater, and surface water monitoring;

(6) specify a schedule by which an applicant shall meet all requirements for full certification or proper closure;

(7) be valid only for the period of time, not to exceed two years, necessary for an applicant to meet the requirements of full certification or closure, and shall not be renewed more than once; and

(8) contain such additional conditions, requirements, and restrictions as the Secretary may deem necessary to preserve and protect the public health and the environment.

(Added 1987, No. 78, § 10; amended 1991, No. 202 (Adj. Sess.), § 2, eff. May 27, 1992; 1993, No. 81, § 3; 1993, No. 157 (Adj. Sess.), § 3.)

§ 6605c Solid waste categorical certifications

(a) Notwithstanding sections 6605, 6605f, and 6611 of this title, no person may construct, substantially alter, or operate any categorical solid waste facility without first obtaining a certificate from the Secretary. Certificates shall be valid for a period not to exceed 10 years.

(b) The Secretary may, by rule, list certain solid waste categories as eligible for certification pursuant to this section:

(1) Solid waste categories to be deposited in a disposal facility shall not be a source of leachate harmful to human health or the environment.

(2) Solid waste categories to be managed in a composting facility shall not present an undue threat to human health or the environment.

(3) Recyclable materials either recycled or prepared for recycling at a recycling facility.

(c) Certifications for a solid waste management facility pursuant to this section where appropriate shall:

(1) Specify the location of the facility, including limitations on its development.

(2) Require proper operation and development of the facility in accordance with facility management plans approved under the certificate.

(3) Specify the projected amount and types of waste to be managed or disposed at the facility.

(4) Contain additional conditions, requirements, and restrictions, as the Secretary may deem necessary to preserve and protect the public health and the air, groundwater, and surface water quality. This may include requirements concerning recording, reporting, and inspection of the operation of the facility.

(d) When an application for a certification is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(e) This section shall not apply to the storage, treatment, or disposal of:

(1) Municipal solid waste.

(2) Sludge.

(3) Septage.

(4) Mineral processing waste. For purposes of this section, mineral processing waste means solid waste from an industrial or manufacturing facility that processes materials from a mining activity and where chemicals, as defined by the Secretary by rule, are intentionally added as a part of that processing.

(Added 1989, No. 61, § 3, eff. May 22, 1989; amended 1989, No. 286 (Adj. Sess.), § 7; 2005, No. 65, § 3; 2011, No. 148 (Adj. Sess.), § 5; 2013, No. 175 (Adj. Sess.), § 5; 2015, No. 150 (Adj. Sess.), § 26, eff. Jan. 1, 2018.)

§ 6605d Provisional certification

(a) Notwithstanding the requirements of sections 6605, 6605a, and 6605b of this title, a provisional certification may be issued under this section for a solid waste landfill. A provisional certification may modify a landfill certification or other authorization. The Secretary shall inform interested persons as to where disposal capacity exists and shall encourage development of provisional certification applications that are logical, considering transportation requirements, the needs of the solid waste management districts and the municipalities that are not district members, and other relevant factors.

(b) The Secretary shall not issue a provisional certification without affirmatively finding that:

(1) The solid waste management facility is an existing unlined landfill and that solid waste has been disposed of at the facility prior to January 1, 1990 in the cell or area for which provisional certification is proposed.

(2) There is a compelling public need for the proposed provisional certification because it will:

(A) provide disposal capacity required by other specified municipalities; and

(B) provide additional funds necessary for proper operation and closure; and

(C) produce contours as specified in an approved closure plan.

(3) Measures will be taken to prevent or reduce any undue adverse impacts on the criteria specified in subdivision (c)(5) of this section.

(c) A provisional certification shall:

(1) Not approve, or otherwise allow, any horizontal expansion into, or use of, unused unlined cells or areas of the landfill.

(2) Contain conditions, requirements, or restrictions as set out in subsection 6605(b) of this title, for any aspect of the management of the facility affected by the provisional certification, except that a provisional certification shall not include the recycling requirements established in subdivision 6605(b)(3)(B) of this title. The hazardous waste requirements established in subdivision 6605(b)(3)(B) shall be satisfied if the certification prohibits disposal of the following: automobile lead-acid batteries, nickel cadmium batteries, waste oil and oil filters, electric fluorescent light ballasts and capacitors containing PCBs, oil-based and latex paint, paint thinner and remover, stains and varnishes, other household hazardous waste, and all regulated and unregulated nonresidential hazardous waste.

(3) Contain a requirement that the facility is operated in a manner that assures adequate compaction rates for the additional waste and a requirement that the facility submit a plan for recycling. The Secretary shall ensure that the recycling plan provides for a maximum amount of recycling, as soon as is practical, considering the time constraints inherent in provisional certification.

(4) Contain a requirement, if the facility is purchased by a solid waste management district after July 1, 1990, or is owned by a private entity, that a surcharge of two dollars per ton be imposed on all additional waste allowed by the provisional certification. The surcharge shall be collected by the owner or operator of the facility and remitted quarterly to the city, town, or gore in which the facility is located.

(5) Contain conditions, requirements, or restrictions to prevent or reduce any adverse impacts on the public health or the environment caused by the additional waste, as well as measures regarding water pollution, air pollution, traffic, noise, litter, soil erosion, and visual screening as defined by the relevant criteria in subsection 6086(a) of this title.

(6) Contain such additional conditions, requirements, or restrictions as are necessary to preserve and protect the public health and the air, groundwater, and surface water quality, and that shall include requirements for reporting, record keeping, and inspections, and, where practical, shall include requirements with respect to hazardous waste generated by small quantity generators of hazardous waste.

(7) Contain a reasonable schedule for compliance with the financial responsibility requirements of section 6611 of this title.

(8) Contain a requirement that the unlined landfill cease accepting waste as of July 1, 1992 or earlier, pursuant to an approved closure plan.

(9) Notwithstanding the provisions of subdivision (8) of this subsection, any person operating a facility under a provisional certification may apply to the Secretary for a six-month extension of the landfill closure deadline, provided that application is received by July 1, 1991. In order to qualify for an extension, the applicant must demonstrate the inability to contract for sufficient capacity sharing to complete closure by the July 1, 1992 deadline, and good faith efforts to share sufficient capacity to ensure closure by July 1, 1992. The Secretary shall evaluate requests for extension on a case by case basis, but in no event shall the Secretary extend the closure deadline for any landfill beyond December 31, 1992.

(10) Notwithstanding the provisions of subdivisions (8) and (9) of this subsection, a provisional certification for an unlined landfill owned and operated by a solid waste district as of April 1, 1990 may be issued for no longer than the time period necessary to complete closure and the siting of a new facility. To qualify under this provision an applicant must provide a plan, including an estimated closure date, that will enable the environmentally sound closure of an existing landfill and the timely siting of a new facility. The applicant shall demonstrate through negotiated contracts that at least 150,000 cubic yards of capacity will be shared with other Vermont communities to complete the closure of the existing landfill by that date. On request of a municipality to participate in the shared capacity to be provided by the applicant, the applicant shall share that capacity on the same terms as those negotiated with other municipalities, provided that the Secretary determines that inclusion of the requesting municipality is a logical result, considering transportation requirements, the needs of solid waste management districts and municipalities that are not district members, and other relevant factors.

(d) The owner and operator of a facility seeking provisional certification shall submit an application on a form provided by the Secretary. Except for applicants receiving certification under subdivision (c)(10) of this section, the Secretary shall require the applicant to submit negotiated contracts that demonstrate sufficient capacity sharing to complete closure by July 1, 1992 or earlier. The Secretary may require an applicant for provisional certification to submit whatever information the Secretary considers necessary to evaluate the application. If the information is not provided as requested, the certification may be denied or it may be delayed until the information is furnished and evaluated.

(e) When an application for a provisional certification is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(f) Any provisional certification may be issued immediately after the end of the public comment period, but its effective date may not be less than five calendar days after the end of the public comment period.

(g) [Repealed.]

(h) If the Secretary finds that emergency action is required for the disposal of solid waste in Vermont facilities, the Secretary may issue an emergency provisional certification. Notwithstanding any contrary requirement of chapter 170 of this title, notice of a proposed emergency provisional certification shall be published at least seven calendar days prior to the meeting and the public comment period shall end no sooner than three calendar days after the meeting. An emergency provisional certification granted in accordance with this subsection shall be issued no more than once and shall terminate 60 days after issuance, unless the Secretary reissues the certification under this section as a provisional certification. Except as otherwise required by this subsection, an emergency provisional certification shall be subject to requirements that apply to provisional certification.

(i) No person shall substantially alter the operation, use, construction, management, or geographic service area of a solid waste management facility without first obtaining a certification approving that alteration, under this section or section 6605 or 6605b of this title, as appropriate. A service area established in a provisional certification issued under this section, upon request of the operator of the facility, shall be amended to allow the facility to accept solid waste, including construction and demolition debris originating from any source, if necessary to achieve appropriate closure grade by October, 1995.

(j) [Repealed.]

(Added 1989, No. 218 (Adj. Sess.), § 1; amended 1993, No. 208 (Adj. Sess.), § 6; 2015, No. 150 (Adj. Sess.), § 27, eff. Jan. 1, 2018.)

§ 6605e Closure extension orders

(a) Notwithstanding other provisions of this chapter, the Secretary, until December 31, 1992, may issue landfill closure extension orders pursuant to section 8008a of this title for the purpose of extending the July 1, 1992 landfill closure date for existing, operating, unlined landfills receiving waste as of January 1, 1992. This extension may run until October 9, 1993. An owner or operator making a request for this extension must file an application containing information supporting findings required by this section, prior to July 1, 1992. This extension may be granted:

(1) in order to bring the level of disposed waste up to the minimum acceptable closure grade, as established by rule, or

(2) where the solid waste management district, or municipality that is not a member of a district, from which the waste originates has adopted a solid waste implementation plan or an interim management plan for management of solid waste generated within that planning entity’s area. The plan shall identify a proposed lined landfill disposal facility or a proposed combination of lined and inert landfill capability, the latter created according to the provisions of subsection 6605(d) of this title, and shall include a realistic schedule for the use, by no later than October 9, 1993, of this new facility by this planning entity.

(b) The Secretary may issue an order under subsection (a) of this section, upon finding:

(1) that the continued use of the unlined facility is necessary. Before finding that continued use of an unlined facility is necessary, with respect to a facility qualifying for an exemption under subdivision (a)(2) of this section, the Secretary shall first find that the planning entity lacks a lined landfill alternative that is reasonably available;

(2) that continued use of unlined capacity will not result in any horizontal expansion of waste disposal beyond areas where waste disposal has taken place legally, prior to July 1, 1992;

(3) that the existing landfill does not currently create significant environmental harm nor will the proposed continued use of the landfill for the period of the extension be likely to create significant environmental harm;

(4) that the facility is not causing any present contamination of an existing water supply and it is reasonable to expect that the facility will not cause such contamination during the period of the closure order. For the purposes of this subdivision, contamination is defined as exceeding any primary safe drinking water standard that has been promulgated by the U.S. Environmental Protection Agency;

(5) that the continued use of the unlined facility will not create undue adverse effects related to water pollution, air pollution, traffic, noise, litter, soil erosion, and visual conditions, as defined by the relevant criteria in subsection 6086(a) of this title;

(6) that any vertical expansion will not result in final grades in excess of those allowed under the solid waste management rules;

(7) that the owner and operator have demonstrated compliance with the financial responsibility requirements of the solid waste management rules, which in the case of municipalities shall mean having secured the local cost of closure by affirmative bond vote, reserve fund, or escrow account; and

(8) that the owner or operator has demonstrated that adequate, accessible, source separation opportunities exist for recycling and for management of unregulated hazardous waste within the municipalities that will use the facility. Any transfer station that serves the facility shall have source separation opportunities for recycling, unless the area is served by a curbside collection program for source separated recyclables.

(c) Owners and operators who, by July 1, 1992, have filed an application for an extension under the provisions of subsection (a) of this section, may remain open until December 31, 1992, unless they receive a closure order before that time from the Secretary. The Secretary may issue an order to close if the applicant is not likely to meet the criteria in this section.

(d) Any actions required to be performed at the landfill site pursuant to an order issued under this section and section 8008a of this title shall be exempt from certification and permit provisions of this chapter and from the requirement to obtain a permit or permit amendment under chapter 151 of this title. This section shall not exempt from jurisdiction under chapter 151 of this title any actions relating to closure of a landfill authorized pursuant to a certification issued under section 6605 or 6605b of this title, if those actions otherwise would be subject to jurisdiction under chapter 151.

(e) Orders under this section may be issued only if the landfill owner and operator produce a letter from the district in which the facility is located, indicating that receiving the waste is consistent with the district planning process. If the facility is not located within a district, these orders may be issued only on receipt of a letter from the municipality in which the facility is located, indicating that receiving the waste is consistent with the municipality’s solid waste planning process.

(Added 1991, No. 202 (Adj. Sess.), § 3, eff. May 27, 1992.)

§ 6605f Waste management personnel background review

(a) Disqualifying criteria. Any nongovernmental entity or person applying for a certification under section 6605, 6605a, or 6606 of this title, for interim certification under section 6605b of this title, shall be denied certification or other authorization if the Secretary finds:

(1) that the applicant or any person required to be listed on the disclosure statement pursuant to subdivision (b)(1) of this section has been convicted of any of the following disqualifying offenses in this or any other jurisdiction within the 10 years preceding the date of the application:

(A) murder;

(B) kidnapping as defined in 13 V.S.A. § 2405;

(C) gambling as defined in 13 V.S.A. § 2135;

(D) robbery as defined in 13 V.S.A. § 608;

(E) bribery as defined in 13 V.S.A. chapter 21;

(F) extortion as defined in 13 V.S.A. § 1701;

(G) arson as defined in 13 V.S.A. chapter 11;

(H) burglary as defined in 13 V.S.A. § 1201;

(I) larceny and embezzlement as defined in 13 V.S.A. chapter 57;

(J) forgery and fraud as defined in 13 V.S.A. chapters 43, 47, and 49 and 9 V.S.A. chapters 63, 67, 71, 105, and 131;

(K) possession and control of drugs and related offenses as defined in 18 V.S.A. chapter 84;

(L) unlawfully selling, bartering, possessing, furnishing, or transporting alcohol pursuant to 7 V.S.A. § 561;

(M) the federal Racketeer Influenced and Corrupt Organizations Act as defined in 18 U.S.C. § 1961 et seq.;

(N) the criminal provisions of federal antitrust laws for activities related to solid waste;

(O) the criminal provisions of any federal or state environmental protection laws or rules relating to solid waste;

(P) obstruction of justice as defined in 13 V.S.A. chapter 67;

(Q) fraud in the offering, sale, or purchase of securities under 9 V.S.A. § 5508 and in the U.S. Code;

(R) alteration of motor vehicle identification numbers as defined in 23 V.S.A. § 1703;

(S) unlawful manufacture, purchase, use, or transfer of firearms as defined in 13 V.S.A. chapter 85 and in the U.S. Code; or

(T) perjury as defined in 13 V.S.A. chapter 65; or

(2) that the applicant or any person required to be listed on the disclosure statement pursuant to subdivision (b)(1) of this section, alone or taken together, have committed more than one violation of environmental statutes, rules, orders, certifications, or permits, issued by any jurisdiction, which have the potential to significantly harm the public health, public safety, or the environment, giving due consideration to the size and scope of the applicant’s business operations.

(b) Disclosure statement. The disclosure statement shall include the following:

(1) Disclosure of equity and debt ownership. The full name, business address, and Social Security number or its foreign equivalent of the applicant or, if the applicant is a business concern, of the officers, directors, partners, or key employees of that business concern; and a listing of all persons or business concerns that hold any equity in or debt liability of the applicant business concern, or, if the applicant business concern is a publicly traded corporation, of all persons or business concerns holding more than five percent of the equity in or debt liability of that business concern. The Secretary and the Commissioner of Public Safety shall have the right, but not the obligation, to require the applicant to submit disclosure statements for the officers, directors, partners, and key employees of any business concern that holds any equity in or debt liability of the applicant business concern.

(2) Disclosure of equity and debt ownership in related business concerns. The full name, business address, and Social Security number of all persons or business concerns holding any equity in or debt liability of any business concern disclosed in this subsection. The Secretary and the Commissioner of Public Safety shall have the right, but not the obligation, to require the applicant to submit disclosure statements for the officers, directors, partners, and key employees of any business concern that holds any equity in or debt liability of the applicant business concern.

(3) Disclosure of record of convictions. The record of convictions identified in subsection (a) of this section by any person identified in this section for the 10 years prior to the date of the application.

(4) Disclosure of civil and administrative penalties. A list of all civil and administrative penalties issued against the applicant by any state or federal authority, in the five years immediately preceding the filing of the application, that resulted from a finding of violation or assurance of discontinuance, relating to the collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste by the applicant, or if the applicant is a business concern, by any key employee, officer, director, or partner of that business concern.

(c) Investigation. The Secretary shall refer the completed application to the Department of Public Safety for the purpose of verifying the information in the application and conducting an investigation. In connection with its investigation, the Department of Public Safety may request and receive criminal history information from any federal or state law enforcement agency or organization and may transmit that information to the Secretary. Unless the Secretary’s determination or decision is contested, the information contained in the investigative report shall remain confidential and shall only be used by the cooperating agencies.

(d) Definition of key employee. As used in this section, “key employee” means any individual employed by a business concern in a management capacity or who is empowered to make discretionary decisions of a financially material nature with respect to the solid or hazardous waste operations of the business concern.

(e) Change in ownership. In the event of any change in ownership, the certificate or permit holder under this section shall file a disclosure statement, as required of an applicant under this section. This filing shall be made at least 90 days before the proposed change in ownership. A proposed change of ownership shall be processed in the same manner as an application under subsection (a) of this section, and if it would result in the denial of an application, transfer of the permit to the proposed new owner shall be denied.

(f) Rehabilitation. Notwithstanding the provisions of this section, no applicant under this section shall be denied certification, or licensure on the basis of disqualifying criteria with respect to any individual required to be listed in the disclosure statement or shown through investigation to have a beneficial interest in the business of the applicant other than an equity interest or debt liability, if the person has demonstrated the person’s rehabilitation, as determined by the Secretary.

(g) Revocation of certification. The Secretary shall revoke any certification or permit subject to this section, or appoint a receiver and order that the receiver conduct the business in question, if the Secretary determines:

(1) that any of the grounds for denial under subsection (a) of this section either existed at the time of application or have arisen since that time; or

(2) that the holder of the certification or permit, or the applicant for the certification or permit, knowingly omitted or falsified information required to be disclosed under this section.

(h) Agency coordination. The Secretary of Natural Resources, the Attorney General, the State’s Attorneys, and the Commissioner of Public Safety shall coordinate efforts to enforce solid waste laws and to investigate for violations of those laws.

(i) Decision by Secretary. Any denial by the Secretary under subsection (a) of this section shall be made within 90 days of receiving a completed application, except that when the Secretary or the Commissioner of Public Safety requests additional information pursuant to subdivision (b)(1) or (2) of this section, the 90-day period shall not run from the date of that request until the date upon which the Secretary or Commissioner receives the information requested. If the Secretary does not issue a denial within 90 days of receiving a completed application or the additional language requested, the applicant shall be deemed to have complied with the requirements of this section, subject to the Secretary’s right to seek revocation under subsection (g) of this section.

(j) Private entities that contract with governmental entities. If a governmental entity is an applicant for a certification, interim certification, or waste transportation permit listed in subsection (a) of this section, and contracts with a nongovernmental entity to conduct any part of its operation that is subject to the certificate or permit, such nongovernmental entity shall comply with the requirements of this section.

(k) Exemption.

(1) Except to the extent that other activities create jurisdiction under this section, a person shall be exempt from the provisions of this section, if that person:

(A) applies for certification under this chapter for on-site storage or treatment of solid or hazardous waste:

(i) that is generated solely on-site; or

(ii) that is generated off-site by:

(I) any person under the same ownership or control as is the person applying; or

(II) any person who is a joint venturer with, or partner of, the person applying; and

(B) does not accept any other solid or hazardous waste for storage or treatment.

(2) Any person who applies for a certification under this chapter to perform corrective action or closure or post-closure activities shall be exempt from the provisions of this section, except to the extent that other activities create jurisdiction under this section.

(l) Continuing jurisdiction. After a certification or permit has been issued, the Secretary and the Commissioner of Public Safety shall retain the right to require the permittee to submit additional information concerning all persons holding equity in or debt liability of the permittee, if the Secretary or Commissioner has received reliable information, that was not available at the time the certification or permit was issued, indicating that additional investigation is warranted. Upon request by the Secretary or the Commissioner for the submission of additional information, the permittee shall exercise all due diligence to comply completely and in a timely manner with the request.

(m) Annual statement. Any person subject to this section who has received a waste transporter permit under section 6607a of this title shall file a statement annually within 30 days prior to the month and day of issuance of that permit disclosing any changes in facts that would render the disclosure statement filed in connection with that permit inaccurate in any way, or stating that no such changes have occurred in the period of time covered by the annual statement. The annual statement shall be under oath or affirmation.

(Added 1993, No. 157 (Adj. Sess.), § 1; amended 1995, No. 56, § 1, eff. April 20, 1995; 1995, No. 141 (Adj. Sess.), §§ 1-5, eff. April 30, 1996; 2017, No. 83, § 144; 2019, No. 131 (Adj. Sess.), § 29; 2023, No. 79, § 14, eff. July 1, 2023.)

§ 6605g Incineration emissions

(a) Findings. The General Assembly finds that given the regional nature of weather patterns, the incineration of solid waste, whether from incinerators located inside the State or outside its borders, causes negative effects on the health and welfare of the people of the State, and on the State’s natural resources. Accordingly, it is in the public interest to require the use of the best required technology in incinerators, wherever located, if they are to receive solid waste from the State of Vermont, pursuant to new contracts or contract renewal for the disposal of solid waste.

(b) Best required technology requirement. To the extent consistent with federal law, no person shall enter a new contract or renew an existing contract for the incineration of solid waste produced within the State’s borders, at an incinerator, regardless of location, that fails to use the best technology currently required by federal law of any solid waste incinerator in the country, in reducing hazardous emissions from the incinerator.

(Added 1997, No. 151 (Adj. Sess.), § 5.)

§ 6605h Composting registration

Notwithstanding sections 6605, 6605f, and 6611 of this title, the Secretary may, by rule, authorize a person engaged in the production or management of compost at a small scale composting facility to register with the Secretary instead of obtaining a facility certification under section 6605 or 6605c of this title. This section shall not apply to a farm producing compost under subdivision 6001(22)(H) of this title.

(Added 2009, No. 41, § 2; amended 2021, No. 41, § 5, eff. May 20, 2021.)

§ 6605i [Reserved for future use.]

§ 6605j Accepted composting practices

(a) The Secretary, in consultation with the Secretary of Agriculture, Food and Markets, shall adopt by rule, pursuant to 3 V.S.A. chapter 25, and shall implement and enforce accepted composting practices for the management of composting in the State. These accepted composting practices shall address:

(1) standards for the construction, alteration, or operation of a composting facility;

(2) standards for facility operation, including acceptable quantities of product or inputs, vector management, odors, noise, traffic, litter control, contaminant management, operator training and qualifications, recordkeeping, and reporting;

(3) standards for siting of composting facilities, including siting and operation of compost storage areas, compost bagging areas, and roads and parking areas;

(4) standards for the composting process, including rotation, management of compost piles, compost pile size, and monitoring of compost operations;

(5) standards for management of runoff from compost facilities, including liquids management from the feedstock area, active composting areas, curing area, and compost storage area; the use of swales or stormwater management around or within a compost facility; vegetative buffer requirements; and run-off management from tipping areas;

(6) specified areas of the State unsuitable for the siting of commercial composting that utilizes post-consumer food residuals or animal mortalities, such as designated downtowns, village centers, village growth areas, or areas of existing residential density; and

(7) definitions of “small-scale composting facility,” “medium-scale composting facility,” and “de minimis composting exempt from regulation.”

(b) A person operating a small scale composting facility who follows the accepted composting practices shall not be required to obtain a discharge permit under section 1263 or 1264 of this title, a solid waste facility certification under chapter 159 of this title, or an air emissions permit under chapter 23 of this title unless a permit is required by federal law or the Secretary of Natural Resources determines that a permit is necessary to protect public health or the environment.

(c) [Repealed.]

(d) The Secretary shall not regulate under this section a farm producing compost under subdivision 6001(22)(H) of this title.

(Added 2009, No. 41, § 3; amended 2021, No. 41, § 6, eff. May 20, 2021.)

§ 6605k Food residuals; management hierarchy

(a) It is the policy of the State that food residuals collected under the requirements of this chapter shall be managed according to the following order of priority uses:

(1) reduction of the amount generated at the source;

(2) diversion for food consumption by humans;

(3) diversion for agricultural use, including consumption by animals;

(4) composting, land application, and digestion; and

(5) energy recovery.

(b) A person who produces more than an amount identified under subsection (c) of this section in food residuals shall:

(1) separate food residuals from other solid waste, provided that a de minimis amount of food residuals may be disposed of in solid waste when a person has established a program to separate food residuals and the program includes a component for the education of program users regarding the need to separate food residuals; and

(2) arrange for the transfer of food residuals to a location that manages food residuals in a manner consistent with the priority uses established under subdivisions (a)(2)-(5) of this section or shall manage food residuals on site.

(c) The following persons shall be subject to the requirements of subsection (b) of this section:

(1) beginning July 1, 2014, a person whose acts or processes produce more than 104 tons per year of food residuals;

(2) beginning July 1, 2015, a person whose acts or processes produce more than 52 tons per year of food residuals;

(3) beginning July 1, 2016, a person whose acts or processes produce more than 26 tons per year of food residuals;

(4) beginning July 1, 2017, a person whose acts or processes produce more than 18 tons per year of food residuals; and

(5) beginning July 1, 2020, any person who generates any amount of food residuals.

(Added 2011, No. 148 (Adj. Sess.), § 6; amended 2017, No. 208 (Adj. Sess.), § 4, eff. July 1, 2020.)

§ 6605l Public collection containers for solid waste

(a) As used in this section:

(1) “Public building” means a State, county, or municipal building; airport terminal; bus station; railroad station; school building; or school.

(2) “Public land” means all land that is owned or controlled by a municipal or State governmental body.

(b) Beginning July 1, 2015, when a container or containers in a public building or on public land are provided to the public for use for solid waste destined for disposal, an equal number of containers shall be provided for the collection of mandated recyclables. The containers shall be labeled to clearly show the containers are for recyclables and shall be placed as close to each other as possible in order to provide equally convenient access to users. Bathrooms in public buildings and on public land shall be exempt from the requirement of this section to provide an equal number of containers for the collection of mandated recyclables.

(Added 2011, No. 148 (Adj. Sess.), § 7.)

§ 6605m Architectural waste recycling

(a) Definitions. In addition to the definitions in section 6602 of this chapter, as used in this section:

(1) “Architectural waste” means discarded drywall, metal, asphalt shingles, clean wood, and plywood, and oriented strand board derived from the construction or demolition of buildings or structures.

(2) “Commercial project” means construction, renovation, or demolition of a commercial building or of a residential building with two or more residential units.

(b) Materials recovery requirement. Beginning on or after January 1, 2015, if a person produces 40 cubic yards or more of architectural waste at a commercial project located within 20 miles of a solid waste facility that recycles architectural waste, the person shall:

(1) arrange for the transfer of architectural waste from the project to a certified solid waste facility, which shall be required to recycle the architectural waste or arrange for its reuse unless the facility demonstrates to the Secretary a lack of a market for recycling or reuse and a plan for reentering the market when it is reestablished; or

(2) arrange for a method of disposition of the architectural waste that the Secretary of Natural Resources deems appropriate as an end use, including transfer of the architectural waste to an out-of-state facility that recycles architectural waste and similar materials.

(c) Transition; application. The requirements of this section shall not apply to a commercial project subject to a contract entered into on or before January 1, 2015 for the disposal or recycling of architectural waste from the project.

(d) Guidance on separation of hazardous materials. The Secretary of Natural Resources shall publish informational material regarding the need for a solid waste facility that recycles architectural waste to manage properly and provide for the disposition of hazardous waste and hazardous material in architectural waste delivered to a facility.

(Added 2013, No. 175 (Adj. Sess.), § 2.)

§ 6606 Hazardous waste certification

(a) No person shall store, treat, or dispose of any hazardous waste without first obtaining certification from the Secretary for such facility, site or activity. Certification shall be valid for a period not to exceed 10 years.

(b) Certification of all hazardous waste facilities shall include:

(1) Identification of all hazardous waste to be handled at the facility, including the expected amounts of each type of waste and the form in which it will be accepted.

(2) Detailed descriptions of all processes and technologies to be utilized by the facility and provisions to ensure that the operation of the facility is carried out in accordance with approved design and operation plans.

(3) [Repealed.]

(4) Evidence of liability insurance in amounts as the Secretary may determine to be necessary for the protection of human health and safety and the environment.

(5) Evidence of financial responsibility in such form and amount as the Secretary may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the facility or site, all appropriate measures are taken to prevent present and future damage to public health and safety and the environment, including full and proper closure of the facility and, in the case of land treatment or disposal facilities, post-closure care of the facility for a period of time to be determined by the Secretary.

(6) Evidence that the personnel employed at the hazardous waste treatment or disposal facility or site have met such qualifications as to education and training as the Secretary may determine to be necessary to ensure the safe and adequate operation of the facility or site.

(7) A description of the location, design, and construction of such hazardous waste treatment, disposal, or storage facility.

(8) Contingency plans for effective action to minimize unanticipated damage from any treatment, storage, or disposal of any such hazardous waste.

(9) Such additional conditions, requirements, and restrictions as the Secretary may deem necessary to preserve and protect the ground and surface water. This may include requirements concerning reporting, recording, and inspections of the operation of the facility. Guidelines for the establishment of conditions, requirements, and restrictions shall be adopted by the Secretary according to procedures established in 3 V.S.A. chapter 25, the Vermont Administrative Procedure Act.

(c) The Secretary shall not issue a certification to a new nonmunicipal facility, or recertify an existing nonmunicipal facility, without first ascertaining that the applicant meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title.

(Added 1977, No. 106, § 1; amended 1981, No. 102, § 3; 1983, No. 148 (Adj. Sess.), § 3; 1993, No. 157 (Adj. Sess.), § 4; 1995, No. 141 (Adj. Sess.), § 6, eff. April 30, 1996; 2009, No. 146 (Adj. Sess.), § F12; 2019, No. 131 (Adj. Sess.), § 30.)

§ 6606a Certificate of need

(a) No person may begin site preparation for or construction of a hazardous waste management facility for the purpose of treatment or disposal of hazardous waste within the State, unless the Secretary first issues a certificate of need for the facility under this section. This section shall not apply to:

(1) The replacement of existing facility with an equivalent facility in the usual course of business.

(2) A hazardous waste management facility that is operated only by or on behalf of the owner of the facility for the treatment or disposal of hazardous waste materials generated in Vermont by the owner of the facility. Such facility shall be located on a site of generation.

(b) Petition for certificate of need.

(1) A person shall submit a completed petition for a certificate of need in accordance with the rules adopted by the Secretary and a copy of any agreement reached in negotiations between the proposed host municipality and the applicant.

(2) At least 30 days prior to the date of filing the petition with the Secretary, the person shall file a notice of intent to construct a hazardous waste management facility with the proposed host municipality, abutting municipalities, and the Secretary. The notice of intent shall include:

(A) a detailed description of the proposed facility and location, including architectural drawings;

(B) a description of the treatment or disposal processes to be employed;

(C) the amount and types of hazardous wastes to be handled;

(D) alternative sites and technologies that were considered;

(E) reasons for choosing the proposed location and technologies, including planned negotiations with the proposed host municipality; and

(F) the conformance of the proposed facility with any applicable provisions of the hazardous waste management plan adopted by the Secretary of Natural Resources.

(c) The Secretary shall make all practical efforts to process petitions in a prompt manner, including the establishment of time limits for petition processing and procedures and time periods within which to notify petitioners whether a petition is complete. After determining that a petition is complete, the Secretary shall promptly hold one or more public hearings on the petition for a certificate of need in the proposed host municipality.

(1) Not less than 30 days before the hearing, notice shall be given to the Department of Health, Historic Preservation Division, State Planning Office, and Agency of Transportation. Similar notice shall also be given by certified mail to adjoining landowners, the legislative body of the proposed host municipality, and the chairs or directors of the municipal and regional planning commissions.

(2) Notice of the public hearing shall be published in a newspaper of general circulation in the county in which the proposed facility will be located two weeks successively, the last publication to be at least 12 days before the day appointed for the hearing.

(d) The Secretary shall, with approval of the Governor, only issue a certificate of need if the Secretary concludes the proposed facility is needed for the general good of the State, upon written findings that:

(1) The proposed facility use is consistent with any applicable provisions of the hazardous waste management plan adopted by the Secretary.

(2) The proposed facility location:

(A) is suitable for the type and amount of hazardous waste intended for treatment or disposal at the facility;

(B) is accessible by transportation routes that minimize the threat to the public health and safety and to the environment;

(C) reasonably accommodates the plans and preferences of the proposed host municipality, as expressed by local government entities.

(3) The need for the facility is demonstrated by the need to ensure the environmentally sound treatment or disposal of hazardous waste generated within Vermont, recognizing the effects of any state hazardous materials management plan, and:

(A) the further need to meet Vermont’s obligations under an interstate agreement or regional compact; or

(B) the lack of adequate current or projected treatment or disposal capacity within the region to handle the hazardous waste generated by Vermont businesses that is proposed for the facility.

(e) The Secretary shall establish conditions in the certificate of need:

(1) limiting the capacity of the hazardous waste facility to the reasonably anticipated needs and interstate commitments of the State for hazardous waste management. However, upon application of the holder of the certificate, the conditions may later be adjusted by the Secretary if the limits on capacity are found to prevent profitable operation of the facility;

(2) restricting the facility from accepting hazardous wastes from generators who have not demonstrated an effective hazardous waste source reduction program.

(f), (g) [Repealed.]

(h) Neither local plans nor solid waste district plans nor regional plans shall exclude hazardous waste facilities for which a certificate of need has been obtained.

(i), (j) [Repealed.]

(Added 1989, No. 282 (Adj. Sess.), § 13, eff. June 22, 1990; amended 1995, No. 189 (Adj. Sess.), §§ 6, 8; 1997, No. 155 (Adj. Sess.), § 37; 2003, No. 115 (Adj. Sess.), § 61, eff. Jan. 31, 2005.)

§ 6606b Permits issued by the Secretary related to hazardous waste facilities

The Secretary shall coordinate and administer the programs under the jurisdiction of the Agency of Natural Resources so that, to the extent possible, there is concurrent review, concurrent public participation, and concurrent permit issuances for hazardous waste management facilities. The Secretary shall assign a permit manager to handle all applications related to a particular waste management facility.

(Added 1989, No. 282 (Adj. Sess.), § 14, eff. June 22, 1990; amended 1993, No. 92, § 13; 2003, No. 115 (Adj. Sess.), § 62, eff. Jan. 31, 2005.)

§ 6606c Management of unregulated hazardous waste

(a) By January 1, 1993, the owner of a solid waste management facility that receives mixed solid waste must institute the unregulated hazardous waste diversion program element of its regional plan or its solid waste implementation plan, to remove unregulated hazardous waste from the mixed solid waste entering the facility.

(b) By January 1, 1993, the Agency of Natural Resources shall have developed a program plan for the random sampling of mixed solid waste entering solid waste management facilities in the State in order to determine compliance with the regional or solid waste implementation plan programs instituted by facilities to remove unregulated hazardous waste from the mixed solid waste stream.

(c) By January 31, 1993, the Agency of Natural Resources shall implement the random sampling process developed in subsection (b) of this section.

(Added 1991, No. 100, § 11.)

§ 6607 Transportation of hazardous wastes

(a) In accordance with the Administrative Procedure Act, the Agency of Transportation, in consultation with the Secretary, shall issue rules for the transportation of hazardous wastes. Such rules shall be consistent with applicable rules issued by the U.S. Department of Transportation, and consistent with any rules and standards of this chapter.

(b) The provisions of this section shall apply equally to those persons transporting hazardous wastes generated by others and to those transporting hazardous wastes they have generated themselves, or combinations thereof, as well as persons transporting hazardous wastes through the State of Vermont.

(c) For purposes of their transportation, the following, in waste or usable form, shall not be considered hazardous wastes, but shall be handled as solid waste: mercury-added consumer products, pesticides, paint (whether water based or oil based), paint thinner, paint remover, stains, and varnishes. This exclusion shall not apply with respect to hazardous wastes that are regulated under federal law.

(Added 1977, No. 106, § 1; amended 1991, No. 75, § 1; 1991, No. 210 (Adj. Sess.), § 3; 1993, No. 157 (Adj. Sess.), § 5; 1995, No. 141 (Adj. Sess.), § 7, eff. April 30, 1996; 1997, No. 151 (Adj. Sess.), § 1.)

§ 6607a Waste transportation; commercial hauler permit requirement

(a) A commercial hauler desiring to transport waste within the State shall apply to the Secretary for a permit to do so by submitting an application on a form prepared for this purpose by the Secretary and by submitting the disclosure statement described in section 6605f of this title. These permits shall have a duration of five years and shall be renewed annually. The application shall indicate the nature of the waste to be hauled. The Secretary may specify conditions that the Secretary deems necessary to ensure compliance with State law.

(b) As used in this section:

(1) “Commercial hauler” means:

(A) any person that transports regulated quantities of hazardous waste; and

(B) any person that transports solid waste for compensation in a motor vehicle.

(2) The commercial hauler required to obtain a permit under this section is the legal or commercial entity that is transporting the waste, rather than the individual employees and subcontractors of the legal or commercial entity. In the case of a sole proprietorship, the sole proprietor is the commercial entity.

(3) The Secretary shall not require a commercial hauler to obtain a permit under this section, comply with the disclosure requirements of this section, comply with the reporting and registration requirements of section 6608 of this title, or pay the fee specified in 3 V.S.A. § 2822, if:

(A) the commercial hauler does not transport more than four cubic yards of solid waste at any time; and

(B) the solid waste transportation services performed are incidental to other nonwaste services performed by the commercial hauler.

(c) Wastes shall be subject to inspection, by an agent of the Secretary or any duly authorized law enforcement officer, during transportation or upon delivery to a facility, for compliance with the requirements of State law.

(d) It shall be unlawful for any person to operate a motor vehicle subject to the provisions of this section upon any public highway in the State without first obtaining the permit from the Secretary, or to so operate without having in the vehicle a permit issued under this section.

(e) A violation of this section shall be considered a traffic violation within the meaning of 23 V.S.A. chapter 24.

(f) Any person who violates any provision of this section shall be subject to a penalty of not more than $200.00 for a traffic violation. The penalties imposed by this subsection shall be in addition to other penalties imposed by this chapter.

(g)(1) Except as set forth in subdivisions (2), (3), and (4) of this subsection, a commercial hauler that offers the collection of municipal solid waste:

(A) Beginning on July 1, 2015, shall offer to collect mandated recyclables separate from other solid waste and deliver mandated recyclables to a facility maintained and operated for the management and recycling of mandated recyclables.

(B) Beginning on July 1, 2020, shall offer to nonresidential customers and apartment buildings with four or more residential units collection of food residuals separate from other solid waste and deliver to a location that manages food residuals in a manner consistent with the priority uses established under subdivisions 6605k(a)(2)-(5) of this title. Commercial haulers shall not be required to offer collection of food residuals if another commercial hauler provides collection services for food residuals in the same area and has sufficient capacity to provide service to all customers.

(2) In a municipality that has adopted a solid waste management ordinance addressing the collection of mandated recyclables or food residuals, a commercial hauler in that municipality is not required to comply with the requirements of subdivision (1) of this subsection and subsection (h) of this section for the material addressed by the ordinance if the ordinance:

(A) is applicable to all residents of the municipality;

(B) prohibits a resident from opting out of municipally provided solid waste services; and

(C) does not apply a variable rate for the collection for the material addressed by the ordinance.

(3) A commercial hauler is not required to comply with the requirements of subdivision (1)(A) or (B) of this subsection in a specified area within a municipality if:

(A) the Secretary has approved a solid waste implementation plan for the municipality;

(B) for purposes of waiver of the requirements of subdivision (1)(A) of this subsection (g), the Secretary determines that under the approved plan:

(i) the municipality is achieving the per capita disposal rate in the State Solid Waste Plan; and

(ii) the municipality demonstrates that its progress toward meeting the diversion goal in the State Solid Waste Plan is substantially equivalent to that of municipalities complying with the requirements of subdivision (1)(A) of this subsection (g);

(C) the approved plan delineates an area where solid waste management services required by subdivision (1)(A) or (B) of this subsection (g) are not required; and

(D) in the delineated area, alternatives to the services, including on-site management, required under subdivision (1)(A) or (B) of this subsection (g), are offered, the alternative services have capacity to serve the needs of all residents in the delineated area, and the alternative services are convenient to residents of the delineated area.

(4) A commercial hauler is not required to comply with the requirements of subdivision (1)(A) or (B) of this subsection for mandated recyclables or food residuals collected as part of a litter collection.

(h) A commercial hauler certified under this section that offers the collection of municipal solid waste may not charge a separate line item fee on a bill to a residential customer for the collection of mandated recyclables, provided that a commercial hauler may charge a fee for all service calls, stops, or collections at a residential property and a commercial hauler may charge a tiered or variable fee based on the size of the collection container provided to a residential customer or the amount of waste collected from a residential customer. A commercial hauler certified under this section may incorporate the cost of the collection of mandated recyclables into the cost of the collection of solid waste and may adjust the charge for the collection of solid waste. A commercial hauler certified under this section that offers the collection of solid waste may charge a separate fee for the collection of food residuals from a residential customer.

(i) A commercial hauler that operates a bag-drop or fast-trash site at a fixed location to collect municipal solid waste shall offer at the site all collection services required under 10 V.S.A. § 6605(j).

(Added 1987, No. 78, § 11; amended 1987, No. 246 (Adj. Sess.), § 4, eff. June 13, 1988; 1993, No. 81, § 4; 1993, No. 157 (Adj. Sess.), § 6; 1995, No. 141 (Adj. Sess.), § 8, eff. April 30, 1996; 2011, No. 148 (Adj. Sess.), § 8; 2013, No. 175 (Adj. Sess.), § 6; 2015, No. 57, § 23; 2015, No. 95 (Adj. Sess.), § 2, eff. May 10, 2016; 2017, No. 47, § 3b, eff. May 23, 2017; 2017, No. 208 (Adj. Sess.), § 2, eff. May 30, 2018; 2019, No. 83, § 17, eff. July 1, 2020; 2021, No. 170 (Adj. Sess.), § 7, eff. July 1, 2022.)

§ 6608 Records; reports; monitoring

(a) For purposes of implementation of this chapter, the Secretary shall adopt, and revise as appropriate, rules that prescribe:

(1) the establishment and maintenance of such records;

(2) the making of such reports;

(3) the taking of such samples, and the performing of such tests or analyses;

(4) the installing, calibrating, using, and maintaining of such monitoring equipment or methods; and

(5) the providing of such other information as may be necessary.

(b) Six months after adoption of the rules relating to hazardous waste, it shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without reporting such activity to the Secretary according to the procedures described in said rules.

(c) Information obtained by the Secretary under this section shall be available to the public, unless the Secretary certifies such information as being proprietary. The Secretary may make such certification where any person shows, to the satisfaction of the Secretary, that the information, or parts thereof, would divulge methods or processes entitled to protection as trade secrets. Nothing in this section shall be construed as limiting the disclosure of information by the Secretary to office employees as authorized representatives of the State concerned with implementing the provisions of this chapter or to the Department of Taxes for purposes of enforcing the solid waste tax imposed by 32 V.S.A. chapter 151, subchapter 13.

(d) Where the Secretary has determined that the disposal of a hazardous waste at an uncontrolled hazardous waste site presents a hazard to health or the environment, the Secretary shall provide notice to a town of the location of that uncontrolled site which has been found to exist in the town and to be regulated under this chapter. The notice shall identify the location of the site, the wastes involved, the actions proposed to be taken by the Secretary under this chapter and the location where the records on the site are being maintained by State government. The Secretary shall also notify the town when conditions noticed under this subsection are no longer a hazard. These notices shall be recorded in accord with 24 V.S.A. § 1154.

(e) When necessary to carry out the purposes of this chapter, the Secretary may require the owner or operator of a solid waste facility to provide the Secretary with information concerning the revenues and costs of its operation and management, and the revenues and costs necessary for its future compliance with State and federal laws pertaining to those facilities. Disclosure of information generated pursuant to this subsection is prohibited, except to a licensed attorney representing the Secretary, or to the Secretary’s designee, if that designee is directly responsible for solid waste planning at any level and has furnished the Secretary a written assurance of compliance with the prohibition contained in this subsection.

(f) All generators of regulated hazardous waste shall register with the Secretary, renew the registration annually, and pay the fee specified in 3 V.S.A. § 2822.

(Added 1977, No. 106, § 1; amended 1983, No. 148 (Adj. Sess.), § 12; 1987, No. 246 (Adj. Sess.), § 1, eff. June 13, 1988; 2001, No. 65, § 31; 2013, No. 34, § 7; 2015, No. 57, § 37, eff. June 11, 2015; 2015, No. 97 (Adj. Sess.), § 34; 2017, No. 74, § 18.)

§ 6608a Economic poisons

(a) The Secretary of Agriculture, Food and Markets shall be responsible for and have the authority to implement and enforce those statutes enacted by the General Assembly, including sections 6610a and 6612 of this title, and those rules concerning the generation, transportation, treatment, storage, and disposal of economic poisons that are adopted by the Secretary of Natural Resources in order to operate a hazardous waste management program that is equivalent to the federal program under Subtitle C of the Resource Conservation and Recovery Act of 1976 as subsequently amended and codified in 42 U.S.C. chapter 82, subchapter 3. Procedures and funding for the interdepartmental implementation of a waste economic poison management program shall be established between the Secretary of Natural Resources and the Secretary of Agriculture, Food and Markets.

(b) The Secretary of Natural Resources shall not adopt rules concerning the management of waste economic poisons that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976 without the concurrence of the Secretary of Agriculture, Food and Markets.

(c) Nothing in this section is intended to interfere with the Secretary of Agriculture, Food and Markets’ authority relating to insecticides, fungicides, and rodenticides under 6 V.S.A. chapter 81 and relating to pesticides under 6 V.S.A. chapter 87 or shall prohibit the Secretary of Agriculture, Food and Markets from adopting rules concerning the management of waste economic poisons that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976. Nothing in this section is intended to interfere with the Agency of Transportation’s authority under section 6607 of this title.

(Added 1977, No. 106, § 1; amended 1983, No. 148 (Adj. Sess.), § 4; 2015, No. 23, § 100; 2015, No. 97 (Adj. Sess.), § 35; 2017, No. 113 (Adj. Sess.), § 47a.)

§ 6608b Radioactive wastes mixed with hazardous wastes

(a) The Commissioner of Health shall be responsible for and have the authority to implement and enforce those statutes enacted by the General Assembly, including sections 6610a and 6612 of this title, and those rules concerning the generation, transportation, treatment, storage, and disposal of radioactive wastes mixed with hazardous wastes that are adopted by the Secretary in order to operate a hazardous waste management program that is equivalent to the federal program under Subtitle C of the Resource Conservation and Recovery Act of 1976 as subsequently amended and codified in 42 U.S.C. chapter 82, subchapter 3. Procedures and funding for the interdepartmental implementation of a mixed radioactive waste management program shall be established between the Secretary and the Commissioner of Health.

(b) The Secretary shall not adopt rules concerning the management of radioactive wastes mixed with hazardous wastes that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976 without the concurrence of the Commissioner of Health.

(c) Nothing in this section is intended to interfere with the authority of the Commissioner of Health relating to general powers under 18 V.S.A. chapter 3, relating to appointing health officers for unorganized towns or gores under 18 V.S.A. chapter 11, and relating to radiation control under 18 V.S.A. chapter 32, nor shall prohibit the Secretary of Human Services from adopting rules concerning the management of radioactive wastes mixed with hazardous wastes that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976. Nothing in this section is intended to interfere with the Agency of Transportation’s authority under section 6607 of this chapter.

(d) This section does not modify or otherwise affect the requirements of chapter 157 of this title, relating to storage of radioactive material.

(Added 1983, No. 148 (Adj. Sess.), § 5; amended 1987, No. 282 (Adj. Sess.), § 15; 2015, No. 23, § 101; 2015, No. 97 (Adj. Sess.), § 36; 2017, No. 113 (Adj. Sess.), § 48.)

§ 6609 Inspections; right of entry

For the purposes of developing or enforcing any rule or regulation authorized by this chapter, any duly authorized representative of the Secretary may upon presentation of appropriate credentials at any reasonable time:

(1) enter any place where wastes are generated, stored, treated, or disposed of;

(2) inspect and obtain samples from any person storing, treating, or disposing of any waste, including hazardous waste samples from any vehicle in which wastes are being transported;

(3) inspect and copy any records, reports, information, or test results relating to the purposes of this chapter;

(4) inspect any portion of a facility where wastes are generated, stored, treated, or disposed of including any equipment or other appurtenances contained in the facility;

(5) upon any refusal of entry, inspection, sampling, or copying pursuant to this section, the Secretary or the duly authorized representative of the Secretary may apply for and obtain a warrant or subpoena to allow such entry, inspection, sampling, or copying in the manner established by the Vermont Rules of Criminal Procedure.

(Added 1977, No. 106, § 1; amended 1987, No. 282 (Adj. Sess.), § 16.)

§ 6610 Repealed

[Repealed]

1987, No. 78, § 12.

§ 6610a Enforcement

(a) Notwithstanding any other provision of this chapter, the Secretary, upon receipt of information that the storage, transportation, treatment, or disposal of any solid waste or hazardous waste may present a hazard to the health of persons or to the environment or may be in violation of any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order or certification issued under this chapter, may take such action as the Secretary determines to be necessary. The action the Secretary may take includes:

(1) After notice and opportunity for hearing, issuing an order directing any person to take such steps as are necessary to prevent the act, correct the condition, or eliminate the practice that constitutes such hazard or violation. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation.

(2) Requesting that the Attorney General or appropriate State’s Attorney commence an action for injunctive relief, or for the imposition of penalties and fines as provided in section 6612 of this title and other relief as appropriate. The court may issue a temporary injunction or order in any such proceedings and may exercise all the plenary powers available to it in addition to the power to:

(A) enjoin future activities;

(B) order the design, construction, installation, or operation of abatement of facilities or alternate disposal systems;

(C) order removal of all wastes and restoration of the environment and health;

(D) fix and order compensation for any public property destroyed, damaged, or injured;

(E) assess and award punitive damages; and

(F) order reimbursement to any agency of federal, state, or local government from any person whose act caused governmental expenditures under section 1283 of this title.

(3) Other enforcement action authorized under chapter 201 or 211 of this title.

(b) The hearing by the Secretary under subdivision (a)(1) of this section shall be conducted as a contested case. The Secretary may issue an emergency order without a prior hearing when an ongoing violation presents an immediate threat of substantial harm to the environment or an immediate threat to the public health. An emergency order shall be effective upon actual notice to the person against whom the order is issued. Any person to whom an emergency order is issued shall be given the opportunity for a hearing within five business days of the date the order is issued.

(c) This subsection shall apply only to facilities subject to exemption from the provisions of chapter 151 of this title, as provided by the provisions of subsection 6081(h) of this title. With respect to facilities subject to this subsection, notwithstanding any other provision of this chapter, the Secretary may take such action as the Secretary determines to be necessary, upon receipt of information that the storage, transportation, treatment, or disposal of any solid waste or hazardous waste may present a hazard to the health of persons or to the environment or may be in violation of any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order or certification issued under this chapter, or upon receipt of information that a solid waste disposal facility has failed to perform closure and post-closure operations as deemed necessary by the Secretary to preserve and protect the air, groundwater, surface water, public health, and the environment. The action the Secretary may take includes:

(1) After notice and opportunity for hearing, issuing an order directing any person to take such steps as are necessary to prevent the act, correct the condition, or eliminate the practice that constitutes such hazard or violation. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation.

(2) Requesting that the Attorney General or appropriate State’s Attorney commence an action for injunctive relief, or for the imposition of penalties and fines as provided in section 6612 of this title and other relief as appropriate. The court may issue a temporary injunction or order in any such proceedings and may exercise all the plenary powers available to it in addition to the power to:

(A) enjoin future activities;

(B) order the design, construction, installation, or operation of abatement facilities or alternate disposal systems, final cover systems and lining measures, monitoring, reporting and evaluation, remediation measures, financial responsibility and capability mechanisms, and other requirements deemed necessary and no less stringent than minimum program requirements by the Secretary;

(C) order removal of all wastes and restoration of the environment and health;

(D) fix and order compensation for any public property destroyed, damaged, or injured;

(E) assess and award punitive damages; and

(F) order reimbursement to any agency of federal, state, or local government from any person whose act caused governmental expenditures under section 1283 of this title.

(Added 1983, No. 148 (Adj. Sess.), § 7; amended 1987, No. 78, § 13; 1987, No. 282 (Adj. Sess.), § 19; 1993, No. 208 (Adj. Sess.), § 5; 2015, No. 97 (Adj. Sess.), § 37; 2017, No. 113 (Adj. Sess.), § 49; 2019, No. 131 (Adj. Sess.), § 31.)

§ 6611 Financial responsibility

(a) Any person who operates a facility approved under this chapter shall provide evidence of an escrow account or other form of financial responsibility in such form and amount as the Secretary may determine to ensure that, upon abandonment, cessation, or interruption of the operation of the facility, adequate funds are available to undertake all appropriate measures to prevent present and future damage to the public health and safety and to the environment. Any such financial plan shall include provisions for the equitable distribution of any excess in the escrow account or other financial security to communities whose residents made substantial payments into the escrow account or for that security.

(b) A solid waste management district, by contract, may require that a facility owner or operator that serves the district, establish an escrow account in a reasonable amount in order to provide funds for timely compliance with the provisions of this chapter. Expenditures from the escrow account shall be for those capital improvements required to be made by the owner by the certification, interim certification, or order issued or otherwise required in accordance with this chapter.

(c) A facility owner or operator, upon an initial showing of financial responsibility, shall report to the Secretary with respect to funds set aside by that date for those purposes.

(Added 1977, No. 106, § 1; amended 1987, No. 78, § 14; 1987, No. 246 (Adj. Sess.), § 5a, eff. June 13, 1988; 1989, No. 61, § 2, eff. May 22, 1989; 2019, No. 131 (Adj. Sess.), § 32.)

§ 6612 Penalties

(a) Any person who violates any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order of certification granted by the Secretary shall be subject to a criminal penalty not to exceed $25,000.00 or imprisonment for not more than six months, or both.

(b) Any person who violates any provision of this chapter relating to solid or hazardous waste management, the rules adopted under this chapter, or the terms or conditions of any order relating to solid or hazardous waste management or terms and conditions of any solid or hazardous waste facility certification shall be subject to a civil penalty not to exceed $10,000.00.

(c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day’s continuance thereof may be deemed a separate and distinct offense.

(d) Any person who commits any of the following in violation of any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order or certification under this title shall be subject to a criminal penalty not to exceed $250,000.00 or imprisonment for not more than five years, or both:

(1) the knowing or reckless transport, treatment, storage, or disposal of any hazardous waste;

(2) the knowing or reckless transport, treatment, storage, or disposal of more than one cubic yard of solid waste or more than 275 pounds of solid waste;

(3) the knowing or reckless release of any hazardous material.

(Added 1977, No. 106, § 1; amended 1981, No. 102, § 1; 1983, No. 148 (Adj. Sess.), § 8; 1987, No. 78, § 15; 1989, No. 286 (Adj. Sess.), § 5; 2015, No. 97 (Adj. Sess.), § 38.)

§ 6613 Variances

(a) A person who owns or is in control of any plant, building, structure, process, or equipment may apply to the Secretary for a variance from the rules adopted under this chapter. The Secretary may grant a variance if he or she finds that:

(1) The variance proposed does not endanger or tend to endanger human health or safety.

(2) Compliance with the rules from which variance is sought would produce serious hardship without equal or greater benefits to the public.

(3) The variance granted does not enable the applicant to generate, transport, treat, store, or dispose of hazardous waste in a manner which is less stringent than that required by the provisions of Subtitle C of the Resource Conservation and Recovery Act of 1976, and amendments thereto, codified in 42 U.S.C. Chapter 82, subchapter 3, and regulations promulgated under such subtitle.

(b) A person who owns or is in control of any facility may apply to the Secretary for a variance from the requirements of subdivision 6605(j)(2) or (3) of this title if the applicant demonstrates alternative services, including on-site management, are available in the area served by the facility, the alternative services have capacity to serve the needs of all persons served by the facility requesting the variance, and the alternative services are convenient to persons served by the facility requesting the variance.

(c) No variance shall be granted pursuant to this section except after public notice and an opportunity for a public meeting and until the Secretary has considered the relative interests of the applicant, other owners of property likely to be affected, and the general public.

(d) Any variance or renewal thereof shall be granted within the requirements of subsection (a) of this section and for time periods and under conditions consistent with the reasons therefor, and within the following limitations:

(1) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, abatement, or control of the air and water pollution involved, it shall be only until the necessary practicable means for prevention, abatement, or control become known and available, and subject to the taking of any substitute or alternate measures that the Secretary may prescribe.

(2) If the variance is granted on the ground that compliance with the particular requirement or requirements from which variance is sought will necessitate the taking of measures that, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the Secretary, is requisite for the taking of the necessary measures. A variance granted on the ground specified under this section shall contain a time schedule for the taking of action in an expeditious manner and shall be conditioned on adherence to the time schedule.

(3) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in subdivisions (1) and (2) of this subsection, it shall be for not more than one year, except that in the case of a variance from the siting requirements for a solid waste management facility, the variance may be for as long as the Secretary determines necessary, including a permanent variance.

(e) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods that would be appropriate on initial granting of a variance. If a complaint is made to the Secretary on account of the variance, no renewal thereof shall be granted unless, following public notice and an opportunity for a public meeting on the complaint, the Secretary finds that renewal is justified. No renewal shall be granted except on application therefore. The application shall be made at least 60 days prior to the expiration of the variance. Immediately upon receipt of an application for renewal, the Secretary shall give public notice of the application.

(f) A variance or renewal shall not be a right of the applicant or holder thereof but shall be in the discretion of the Secretary.

(g) This section does not limit the authority of the Secretary under section 6610 of this title concerning imminent hazards from solid waste, nor under section 6610a of this title concerning hazards from hazardous waste and violations of statutes, rules, or orders relating to hazardous waste.

(Added 1979, No. 197 (Adj. Sess.), § 4, eff. May 6, 1980; amended 1983, No. 148 (Adj. Sess.), §§ 9, 10; 1987, No. 76, § 18; 1997, No. 161 (Adj. Sess.), § 10, eff. Jan. 1, 1998; 1999, No. 148 (Adj. Sess.), § 84, eff. May 24, 2000; 2003, No. 115 (Adj. Sess.), § 63, eff. Jan. 31, 2005; 2011, No. 148 (Adj. Sess.), § 9; 2019, No. 131 (Adj. Sess.), § 33.)

§ 6614 Waiver

The Secretary may waive the requirements of subsection 6605(d) of this title and the technical and siting requirements of the solid waste management rules adopted pursuant to subdivision 6603(1) of this title, provided the following conditions are met:

(1) The Secretary intends to perform a removal or remedial action, pursuant to chapter 159 of this title, or the President of the United States intends to perform a response action, as defined in 42 U.S.C. § 9601(25), in response to a release or threatened release of hazardous substances; and

(2) The Secretary makes a prior written determination that:

(A) the proposed response action will not adversely affect the public health, safety, or the environment; and

(B) the technical and siting requirements will be complied with to the extent practical in light of the overall objectives of the response.

(Added 2001, No. 149 (Adj. Sess.), § 88, eff. June 27, 2002.)

§ 6615 Liability

(a) Subject only to the defenses set forth in subsections (d) and (e) of this section, the following persons shall be liable for abating a release or threatened release of hazardous material and the costs of investigation, removal, and remedial actions incurred by the State that are necessary to protect the public health or the environment:

(1) the owner or operator of a facility, or both;

(2) any person who at the time of release or threatened release of any hazardous material owned or operated any facility at which such hazardous materials were disposed of;

(3) any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous materials owned or possessed by such person, by any other person or entity, at any facility owned or operated by another person or entity and containing such hazardous materials;

(4) any person who accepts or accepted any hazardous materials for transport to disposal or treatment facilities selected by such persons, from which there is a release or a threatened release of hazardous materials; and

(5) any person who manufactured for commercial sale a hazardous material and who knew or should have known that the material presented a threat of harm to human health or the natural environment.

(b) In the event that the responsible person or persons fails to act in a timely manner to take the necessary removal and remedial actions, the Secretary may take such actions, order the responsible person or persons to act, or seek a court order requiring such actions. Any responsible person who fails to comply with such a court order shall be liable in an amount equal to three times the cost of such removal. Funds recovered under this section shall be deposited in the Environmental Contingency Fund established under section 1283 of this title.

(c) In any suit to enforce claims of the State under this section, it is not necessary for the State to plead or prove negligence in any form or manner on the part of the person specified in subsection (a) of this section. The State need only plead and prove the fact of the release or threatened release and that the person in question was as specified in subsection (a) of this section, or that the release or threatened release occurred at or involved any real property, structure, equipment, or conveyance under the control of that person. Any person who has released hazardous material as specified under subsection (a) of this section or is in any way responsible for any hazardous materials that the Agency of Natural Resources has removed or is removing pursuant to subsection 1283(b) of this title shall be strictly liable, jointly and severally, without regard to fault, for all cleanup, removal, and remedial costs. Where hazardous materials released by one person are or may be mixed with those released by another, the strict liability established under this section shall be with respect to the cleanup, removal, and remedial costs of all the materials involved; provided, however, it shall be a defense to joint and several liability under this section if the responsible person establishes by a preponderance of the evidence that he or she is responsible for only a certain portion of the costs of the cleanup, removal, and remedial action, considering such factors as the volume and toxicity of the material contributed by the person to the release, then that person’s liability shall be limited to the amount so established. Operators of municipal landfills or persons operating landfills on behalf of municipalities shall not be jointly and severally liable under this section to the extent that they are acting as landfill operator. Generators of household waste, as defined by rule of the Secretary, shall not be liable under this section.

(d)(1) There shall be no liability under this section for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of hazardous material and the resulting damages were caused solely by any of the following:

(A) An act of God.

(B) An act of war.

(C) An act or omission of a third party other than an employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant. If the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail, for purposes of this section, there shall be considered to be no contractual relationship at all. This subdivision (d)(1)(C) shall only serve as a defense if the defendant establishes by a preponderance of the evidence:

(i) that the defendant exercised due care with respect to the hazardous material concerned, taking into consideration the characteristics of that hazardous material, in light of all relevant facts and circumstances; and

(ii) that the defendant took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from those acts or omissions.

(D) Any combination of subdivisions (A)-(C) of this subdivision (1).

(2) There shall be no liability under subdivision (a)(1) of this section, regarding a particular facility, for a person otherwise liable who can establish all of the following by a preponderance of the evidence:

(A) the release or threat of release of hazardous material on, under, or from that person’s property and the resulting damages were caused solely by the migration of a release of hazardous materials that did not originate on that person’s property;

(B) the release or threat of release of hazardous material and the resulting damages were caused solely by a third party who is not an employee or agent of the person and whose action was not associated with a contractual relationship with the person;

(C) the hazardous substance was not deposited, intentionally contained, or disposed of on a facility while the facility was owned or operated by the person;

(D) the person, at the time of any transfer of the property from the person, disclosed any knowledge or information the person had concerning the nature and extent of any such release;

(E) the person has not caused or contributed to a release, such as through activities that knowingly exacerbated the existing contamination, and has not knowingly affected the release in such a way as to require additional remediation; and

(F) the owner or operator of the facility provides access for, and does not interfere with, remediation activities.

(3) A municipality shall not be liable under subdivision (a)(1) of this section as an owner, provided that the municipality can show all the following:

(A) [Repealed.]

(B) The municipality did not cause, contribute to, or worsen a release or threatened release of a hazardous material at the property.

(C)(i) The municipality has entered into an agreement with the Secretary, prior to the acquisition of the property, requiring the municipality to conduct a site investigation with respect to any release or threatened release of a hazardous material and an agreement for the municipality’s marketing of the property acquired.

(ii) The Secretary shall consult with the Secretary of Commerce and Community Development on the plan related to the marketing of the property.

(iii) The municipality may assert a defense to liability only after implementing a site investigation at the property acquired and taking reasonable steps defined by the agreement with the Secretary to market the property.

(iv) In developing an agreement regarding site investigation, the Secretary shall consider the degree and extent of the known releases of hazardous materials at the property, the financial ability of the municipality, and the availability of State and federal funding when determining what is required by the agreement for the investigation of the site.

(4) A regional development corporation or regional planning commission shall not be liable under subdivision (a)(1) of this section as an owner, provided that the regional development corporation or regional planning commission can show all the following:

(A) The regional development corporation or regional planning commission did not cause, contribute to, or worsen a release or threat of release at the property.

(B) The regional development corporation received, in the 12 months preceding the acquisition of the property, a performance contract for economic development pursuant to 24 V.S.A. chapter 76. The requirement of this subdivision (d)(4)(B) shall not apply to regional planning commissions.

(C)(i) The regional development corporation or regional planning commission has entered into an agreement with the Secretary, prior to the acquisition of the property, requiring the regional development corporation or regional planning commission to conduct a site investigation with respect to any release or threatened release of a hazardous material and an agreement for the regional development corporation’s or regional planning commission’s marketing of the property acquired.

(ii) The Secretary shall consult with the Secretary of Commerce and Community Development on the plan related to the marketing of the property.

(iii) The regional development corporation or regional planning commission may assert a defense to liability only after implementing a site investigation at the property acquired and taking reasonable steps defined by the agreement to market the property.

(iv) In developing an agreement regarding site investigation, the Secretary shall consider the degree and extent of the known releases of hazardous materials at the property, the financial ability of the regional development corporation or the regional planning commission, and the availability of State and federal funding when determining what is required by the agreement for the investigation of the site.

(5) A person shall not be liable under subdivision (a)(5) of this section, provided that the person demonstrates that he or she provided an adequate warning of the harm posed by the hazardous material known or that should have been known at the time the hazardous material was manufactured.

(e) Any person who is the owner or operator of a facility where a release or threatened release existed at the time that person became owner or operator shall be liable unless he or she can establish by a preponderance of the evidence, based upon a diligent and appropriate investigation of the facility in conformance with the requirements of section 6615a of this title, that he or she had no knowledge or reason to know that the release or threatened release was located on the facility.

(f) Except insofar as expressly provided in this section, nothing in this chapter shall be deemed to preclude the pursuit of any other civil or injunctive remedy by any person. The remedies in this chapter are in addition to those provided by existing statutory or common law.

(g)(1) A secured lender or a fiduciary, as the term fiduciary is defined in 14 V.S.A. § 204(2), shall not, absent other circumstances resulting in liability under this section, be liable as either an owner or operator under this section merely because of any one or any combination of more than one of the following:

(A) in the case of a secured lender, holding indicia of ownership in a facility primarily to ensure the repayment of a financial obligation;

(B) in the case of a fiduciary, acquiring ownership status when that status arises by law upon appointment or requiring or conducting any activity that is necessary to carry out the fiduciary’s duties and falls within the scope of the fiduciary’s authority;

(C) requiring or conducting financial or environmental assessments of a facility or any portion thereof;

(D) monitoring the operations conducted at a facility;

(E) requiring, through financial documents or otherwise, the management of hazardous materials at a facility in compliance with the requirements of this chapter and the rules adopted under this chapter;

(F) giving advice, information, guidance, or direction concerning the general business and financial aspects of a borrower’s operations;

(G) providing general information concerning federal, State, or local laws governing the transportation, storage, treatment, and disposal of hazardous waste or hazardous materials;

(H) engaging in financial workouts, restructuring, or refinancing of a borrower’s obligations;

(I) extending or denying credit to a person owning or in lawful possession of a facility;

(J) in an emergency, requiring or undertaking activities to prevent exposure of persons to hazardous materials or to contain a release;

(K) requiring or conducting abatement, investigation, remediation, or removal activities in response to a release or threatened release, provided that:

(i) prior notice of intent to do any such activity is given to the Secretary in writing, and, unless previously waived in writing by the Secretary, no such activity is undertaken for 30 days after receipt of such notice by the Secretary;

(ii) a workplan is prepared by a qualified consultant prior to the commencement of any such activity;

(iii) if the Secretary, within 30 days of receiving notice as provided in subdivision (i) of this subdivision (K), elects to undertake a workplan review and gives written notice to the secured lender or fiduciary of such election, no such activity is undertaken without prior workplan approval by the Secretary;

(iv) appropriate investigation is undertaken prior to any abatement, remediation, or removal activity;

(v) regular progress reports and a final report are produced during the course of any such activity;

(vi) all plans, reports, observations, data, and other information related to the activity are preserved for a period of 10 years and, except for privileged materials, produced to the Secretary upon request;

(vii) persons likely to be at or near the facility are not exposed to unacceptable health risk; and

(viii) such activity complies with all rules, procedures, and orders of the Secretary; or

(L) foreclosing on the facility and after foreclosure selling; winding up operations; undertaking an investigation or corrective action under the direction of the State or federal government with respect to the facility; or taking any other measure to preserve, protect, or prepare the facility prior to sale or disposition, provided that:

(i) a secured lender shall be liable as an operator if the secured lender participated in the management of the facility; and

(ii) a secured lender shall be liable as an owner if during the course of any transaction of the property, the secured lender fails to disclose any known release or threat of release.

(2) There shall be no protection from liability for a secured lender or a fiduciary under this subsection if the secured lender or fiduciary causes, worsens, or contributes to a release or threat of release of hazardous material. A secured lender or fiduciary who relies on subdivision (1)(K) of this subsection shall bear the burden of proving compliance with this subdivision.

(h) [Repealed.]

(i) In an action brought by the Secretary under this section, a responsible person may implead, or in a separate action a responsible person may sue, another responsible person or persons and may obtain contribution or indemnification, except that a person who is solely liable pursuant to subdivision (a)(5) of this section shall not be able to implead or to sue a person pursuant to this subsection. A responsible person who has resolved its liability to the State under this section through a judicially approved settlement and a secured lender or fiduciary with whom the Secretary has entered into an agreement under subsection (h) of this section shall not be liable for claims for contribution or indemnification regarding matters addressed in the judicially approved settlement or in the agreement. Likewise, a person who has obtained a certificate of completion pursuant to subchapter 3 of this chapter shall not be liable for claims for contribution or indemnification regarding releases or threatened releases described in the approved corrective action plan, as amended. Such a settlement or agreement or certificate of completion does not discharge any other potentially responsible person unless its terms so provide, but it reduces the potential liability of other potentially responsible persons by the relief agreed upon. A secured lender or fiduciary with whom the Secretary has entered into an agreement under subsection (h) of this section may not seek contribution or indemnification on the basis of such agreement from any other potentially responsible person. In any action for contribution or indemnification, the rights of any person who has resolved its liability to the State shall be subordinate to the rights of the State.

(Added 1985, No. 70, § 4, eff. May 20, 1985; amended 1993, No. 29, §§ 3, 4, eff. May 26, 1993; 1995, No. 44, § 2, eff. April 20, 1995; 1997, No. 80 (Adj. Sess.), § 12; 2003, No. 164 (Adj. Sess.), § 1, eff. June 12, 2004; 2007, No. 147 (Adj. Sess.), § 8; 2013, No. 55, § 12; 2015, No. 97 (Adj. Sess.), § 39; 2017, No. 74, § 19; 2019, No. 131 (Adj. Sess.), § 34; 2021, No. 93 (Adj. Sess.), § 2, eff. July 1, 2022; 2021, No. 170 (Adj. Sess.), § 8, eff. July 1, 2022; 2023, No. 6, § 82, eff. July 1, 2023.)

§ 6615a Diligent and appropriate investigation for hazardous materials

(a) Except as provided for in subsection (b) of this section, a diligent and appropriate investigation, as that term is used in subsection 6615(e) of this title, means, for all properties, an investigation where an owner or operator of a property conforms to the standard developed by the Secretary by rule for a diligent and appropriate investigation. If no standard exists, the owner or operator of a property shall conform to one of the following:

(1) the all appropriate inquiry standard set forth in 40 C.F.R. Part 312, as amended; or

(2) the current standard for phase I environmental site assessments established by the American Society for Testing and Materials.

(b) In the case of residential property used for residential purposes, diligent and appropriate investigation shall mean a facility inspection and title search that:

(1) reveal no basis for further investigation; and

(2) do not reveal that the property was used for or was part of a larger parcel that was used for commercial or industrial purposes.

(Added 2013, No. 55, § 13.)

§ 6615b Corrective action procedures

Any person who is determined to be liable for the release or threatened release of a hazardous material as established in section 6615 of this title shall take all of the following actions to mitigate the effects of the release:

(1) Submit for approval by the Secretary a work plan for an investigation of the contaminated site. This shall be submitted within 30 days from either the date of the discharge or release or the date that the release was discovered if the date of the discharge or release is not known, or within a period of time established by an alternative schedule approved by the Secretary. The site investigation shall define the nature, degree, and extent of the contamination, and shall assess potential impacts on human health and the environment.

(2) Perform the site investigation within 90 days of receiving written approval of the work plan by the Secretary, or within a period of time established by an alternative schedule approved by the Secretary. A report detailing the findings of this work shall be sent to the Secretary for review.

(3) Submit a corrective action plan, within 30 days from the date of final acceptance of the site investigation report by the Secretary, or within a period of time established by an alternative schedule approved by the Secretary.

(4) Implement the corrective action plan within 90 days upon approval of the plan by the Secretary, or within a period of time established by an alternative schedule approved by the Secretary. The corrective action activity shall be continued until the contamination is remediated to levels approved by the Secretary. The Secretary may allow for the remediation of a site contaminated with a hazardous material without requiring certification and permitting under sections 556, 6605, and 6606 of this title, provided such activity will not, in the Secretary’s opinion, adversely affect either public health and safety or the environment, and provided such activity is conducted in accordance with standards developed by the Secretary.

(5) Submit to the Secretary all investigative, corrective action, and monitoring reports, including all analytical results related to subdivisions (3)-(5) of this subsection, as they become available.

(Added 1997, No. 132 (Adj. Sess.), § 11, eff. April 23, 1998.)

§ 6615c Information requests

(a)(1) When the Secretary has reasonable grounds to believe that the Secretary has identified a person who may be subject to liability for a release or threat of release under section 6615 of this title, the Secretary may require the person to furnish information related to:

(A) The type, nature, and quantity of any commercial chemical product or hazardous material that has been or is being used, generated, treated, stored, or disposed of at a facility or transported to a facility.

(B) The nature or extent of a release or threatened release of a hazardous material from a facility.

(C) Financial information related to the ability of a person to pay for or to perform the cleanup or information surrounding the corporate structure, if any, of such person who may be subject to liability for a release or threat of release under section 6615 of this title, provided that the person has notified the Secretary that he or she does not have the ability to pay, refuses to perform, or fails to respond to a deadline established under section 6615b of this title to commit to performing a corrective action.

(2) A person served with an information request shall respond within 30 days of receipt of the request or by the date specified by the Secretary in the request, provided that the Secretary may require a person to respond within 10 days of receipt of a request when there is an imminent threat to the environment or other emergency that requires an expedited response.

(3) When the Secretary submits a request for information under this section, the Secretary shall inform the person who received the request for information about the person’s right to object or not comply with the request for information. The information shall include the potential actions that the Secretary may pursue if the person objects to or does not comply with the request for information.

(b)(1) A person who has received a request under subsection (a) of this section shall, at the discretion of the Secretary, either:

(A) grant the Secretary access, at reasonable times, to any facility, establishment, place, property, or location to inspect and copy all documents or records responsive to the request; or

(B) copy and furnish to the Secretary all information responsive to the request at the option and expense of the person or provide a written explanation that the information has already been provided to the Secretary and a reference to the permit, enforcement action, or other matter under which the Secretary obtained the requested information.

(2) A person responding to a request under subsection (a) of this section may assert any privilege under statute, rule, or common law that is recognized in the State of Vermont to limit access to such information, including the attorney-client privilege. A person responding to a request for information under this section shall not assert privileges related to business confidentiality, including trade secrets, in order to withhold requested information. Any information that is privileged shall be provided to the Secretary with the privileged material redacted. The Secretary may require that a person asserting a privilege under this section provide an index of all privileged information.

(c) The Secretary may require any person who has or may have knowledge of any information listed in subdivision (a)(1) of this section to appear at the offices of the Secretary and may take testimony and require the production of records that relate to a release or threatened release of a hazardous material.

(d) Any request for information under this section shall be served personally or by certified mail.

(e) A response to a request under this section shall be personally certified by the person responding to the request that, under penalty of perjury and to the best of the person’s knowledge:

(1) the response is accurate and truthful; and

(2) the person has not omitted responsive information or will provide the responsive information according to a production schedule approved by the Secretary.

(f) Information identified as qualifying for the trade secret exemption under 1 V.S.A. § 317(c)(9) and other financial information submitted under this section shall be confidential and shall not be subject to inspection and copying under the Public Records Act. A person subject to an information request under this section shall be responsible for proving that submitted information qualifies for the trade secret exemption under 1 V.S.A. § 317(c)(9). The following information is not trade secret information or financial information for the purposes of this subsection:

(1) the trade name, common name, or generic class or category of the hazardous material;

(2) the physical properties of the hazardous material, including its boiling point, melting point, flash point, specific gravity, vapor density, solubility in water, and vapor pressure at 20 degrees Celsius;

(3) the hazards to health and the environment posed by the hazardous material, including physical hazards and potential acute and chronic health hazards;

(4) the potential routes of human exposure to the hazardous material at the facility;

(5) the location of disposal of any waste stream at the facility;

(6) any monitoring data or analysis of monitoring data pertaining to disposal activities;

(7) any hydrogeologic or geologic data; or

(8) any groundwater monitoring data.

(g) As used in this section, “information” means any written or recorded information, including all documents, records, photographs, recordings, e-mail, correspondence, or other machine readable material.

(Added 2015, No. 154 (Adj. Sess.), § 6, eff. June 1, 2016.)

§ 6615d Natural resource damages; liability; rulemaking

(a) Definitions. As used in this section:

(1) “Acquisition of or acquiring the equivalent or replacement” means the substitution for an injured resource with a resource that provides the same or substantially similar services, when the substitution:

(A) is in addition to a substitution made or anticipated as part of a response action; and

(B) exceeds the level of response action determined appropriate for the site under section 6615b of this title.

(2) “Baseline condition” means the condition or conditions that would have existed at the area of assessed damages had the release of hazardous material at or from the facility in question not occurred.

(3) “Damages” means the amount of money sought by the Secretary for the injury, destruction, or loss of a natural resource.

(4) “Destruction” means the total and irreversible loss of natural resources.

(5) “Injury” means a measurable adverse long-term or short-term change in the chemical or physical quality or viability of a natural resource resulting either directly or indirectly from exposure to a release of hazardous material or exposure to a product of reactions from a release of hazardous materials.

(6) “Loss” means a measurable adverse reduction of a chemical or physical quality or viability of a natural resource.

(7) “Natural resource damage assessment” means the process of collecting, compiling, and analyzing information, statistics, or data through prescribed methodologies to determine the damages for injuries to a natural resource.

(8) “Natural resources” means fish, wildlife, biota, air, surface water, groundwater, wetlands, drinking water supplies, or State-held public lands.

(9) “Restoring,” “restoration,” “rehabilitating,” or “rehabilitation” means actions undertaken to return an injured natural resource to its baseline condition, as measured in terms of the injured resource’s physical, chemical, or biological properties or the services it had previously provided, when such actions are in addition to a response action under section 6615 of this title.

(10) “Services” means the physical and biological functions performed by the natural resource, including the human uses of those functions.

(b) Authorization. The Secretary may assess damages against any person found to be liable under section 6615 of this title for a release of hazardous material for injury to, destruction of, or loss of a natural resource from the release. The measure of damages that may be assessed for natural resource damages shall include the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of the injured, damaged, or destroyed natural resources or the services the natural resources provided and any reasonable costs of the Secretary in conducting a natural resource damage assessment. The Secretary also may seek compensation for the interim injury to or loss of a natural resource pending recovery of services to the baseline condition of the natural resource.

(c) Rulemaking; methodology. The Secretary shall adopt rules to implement the requirements of this section, including a methodology by which the Secretary shall assess and value natural resource damages. The rules shall include:

(1) requirements or acceptable standards for the preassessment of natural resource damages, including requirements for:

(A) notification of the Secretary, natural resource trustees, or other necessary persons of potential damages to natural resources under investigation for the coordination of the assessments, investigations, and planning;

(B) authorized emergency response to natural resource damages when immediate action to avoid destruction of a natural resource is necessary or a situation in which there is a similar need for emergency action, and where the potentially liable party under section 6615 of this title fails to take emergency response actions requested by the Secretary; and

(C) sampling or screening of the potentially injured natural resource;

(2) requirements for a natural resource damages assessment plan to ensure that the natural resource damage assessment is performed in a planned and systematic manner, including:

(A) the categories of reasonable and necessary costs that may be incurred as part of the assessment plan;

(B) the methodologies for identifying and screening restoration alternatives and their costs;

(C) the types of reasonably reliable assessment procedures available to the Secretary, when the available procedures are authorized, and the requirements of the available procedures;

(D) how injury or loss shall be determined and how injury or loss is quantified; and

(E) how damages are measured in terms of the cost of:

(i) the restoration or rehabilitation of the injured natural resources to a condition where they can provide the level of services available at baseline condition; or

(ii) the replacement or acquisition of equivalent natural resources or services;

(3) requirements for post-natural resource damages assessment, including:

(A) the documentation that the Secretary shall produce to complete the assessment;

(B) how the Secretary shall seek recovery; and

(C) when and whether the Secretary shall require a restoration plan; and

(4) other requirements deemed necessary by the Secretary for implementation of the rules.

(d) Exceptions. The Secretary shall not seek to recover natural resource damages under this section when:

(1) the person liable for the release demonstrates that the nature and degree of the destruction, injury, or loss to the natural resources were identified in an application for, renewal of, review of, or other environmental assessment of a permit, certification, license, or other required authorization;

(2) the Secretary authorized the nature and degree of the destruction, injury, or loss to the natural resource in an issued permit, certification, license, or other authorization; and

(3) the person liable for the release was operating within the terms of its permit, certification, license, or other authorization.

(e) Limitations. The natural resource damages authorized under this section and the requirements for assessment under the rules authorized by this section shall not limit the authority of the Secretary of Natural Resources to seek or recover natural resource damages under other State law, federal law, or common law.

(f) Limit on double recovery. The Secretary or other natural resource trustee shall not recover natural resource damages under this section for the costs of damage assessment or restoration, rehabilitation, or acquisition of equivalent resources or services recovered by the Secretary or the other trustee under other authority of this chapter or other law for the same release of hazardous material and the same natural resource.

(g) Actions for natural resource damages. No action may be commenced for natural resource damages under this chapter unless that action is commenced within six years after the date of the discovery of the loss and its connection with the release of hazardous material in question.

(h) Limit on preenactment damages. There shall be no recovery under this section for natural resource damages that occurred wholly before the adoption of rules under subsection (c) of this section.

(i) Use of funds. Damages recovered as natural resource damages shall be deposited in the Environmental Contingency Fund established pursuant to section 1283 of this title.

(Added 2015, No. 154 (Adj. Sess.), § 8, eff. June 1, 2016.)

§ 6615e Relief for contaminated potable water supplies

(a) Definitions. As used in this section:

(1) “Public water system” means any system or combination of systems owned or controlled by a person that provides drinking water through pipes or other constructed conveyances to the public and that has at least 15 service connections or serves an average of at least 25 individuals daily for at least 60 days out of the year. A “public water system” includes all collection, treatment, storage, and distribution facilities under the control of the water supplier and used primarily in connection with the system, and any collection or pretreatment storage facilities not under the control of the water supplier that are used primarily in connection with the system. “Public water system” shall also mean any part of a system that does not provide drinking water, if use of such a part could affect the quality or quantity of the drinking water supplied by the system. “Public water system” shall also mean a system that bottles drinking water for public distribution and sale.

(2) “Public community water system” means a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

(b) Extension of public community water system.

(1) The Secretary, after due consideration of cost, may initiate a proceeding under this section to determine whether a person that released perfluorooctanoic acid into the air, groundwater, surface water, or onto the land is liable for the costs of extending the water supply of a public water system to an impacted property. A person who released perfluorooctanoic acid shall be liable for the extension of a municipal water line when:

(A) the property is served by a potable water supply regulated under chapter 64 of this title;

(B) the Secretary has determined that the potable water supply on the property:

(i) is a failed supply under chapter 64 of this title due to perfluorooctanoic acid contamination; or

(ii) is likely to fail due to contamination by perfluorooctanoic acid due to the proximity of the potable water supply to other potable water supplies contaminated by perfluorooctanoic acid or due to other relevant factors; and

(C) the person the Secretary determined released perfluorooctanoic acid into the air, groundwater, surface water, or onto the land is a cause of or contributor to the perfluorooctanoic acid contamination or likely contamination of the potable water supply.

(2) A person liable for the extension of a public water system under this section shall be strictly, jointly, and severally liable for all costs associated with that public water system extension. The remedy under this section is in addition to those provided by existing statutory or common law.

(c) Liability payment.

(1) Following notification of liability by the Secretary, a person liable under subsection (b) of this section for the extension of the water supply of a public water system shall pay the owner of the public water system for the extension of the water supply within 30 days of receipt of a final engineering design or within an alternate time frame ordered by the Secretary.

(2) If the person liable for the extension of the water supply does not pay the owner within the time frame required under subdivision (1) of this subsection, the person shall be liable for interest on the assessed cost of the extension of the water supply.

(d) Available defenses; rights. All defenses to liability and all rights to contribution or indemnification available to a person under section 6615 of this title are available to a person subject to liability under this section.

(Added 2017, No. 55, § 1, eff. June 2, 2017.)

§ 6615f Administrative use controls at contaminated sites

(a) A petition for administrative use controls at a hazardous material contaminated site may be made by a person responding to a release at that site. The petition shall be made on a form developed by the Secretary that includes the following:

(1) a brief description of the contamination at the site and work completed under an approved corrective action plan;

(2) a legal description of the property or properties subject to administrative use controls;

(3) a digital map that shows the boundaries of the property or properties subject to the administrative use controls and any operational units on the property or properties where more detailed controls will be applied;

(4) a narrative description of the uses that are prohibited on the property under the administrative use control, including any specific restrictions applicable to operational units on the property;

(5) signatures of the property owner or persons with legal control of the property certifying that they accept the imposition of these administrative use controls on their property; and

(6) any other requirement that the Secretary requires by rule.

(b) The Secretary shall approve the administrative use controls upon finding:

(1) the administrative use controls adequately protect human health and the environment;

(2) the administrative use controls are consistent with requirements of the plan required by rules adopted pursuant to this chapter and approved by the Secretary; and

(3) the petition contains adequate information to ensure that current and future owners are aware of the restrictions.

(c) Administrative use controls may require:

(1) restrictions on the use of the property or operational units on the property where restrictions are placed;

(2) a right to access the property to ensure that the restrictions are maintained; and

(3) requirements to maintain the restrictions and report on their implementation.

(d) Administrative use controls shall be effective until a property owner or person with legal control petitions the Secretary for their removal. The Secretary shall remove the administrative use controls if the property owner:

(1) clearly demonstrates that the contamination that was the basis of the administrative use controls has naturally attenuated; or

(2) has completed a subsequent corrective action plan that either remediates the hazardous material below environmental media standards or requires alternate administrative use controls.

(Added 2023, No. 152 (Adj. Sess.), § 4b, eff. July 1, 2024.)

§ 6616 Release prohibition

The release of hazardous materials into the surface or groundwater, or onto the land of the State is prohibited. This section shall not apply to releases of hazardous materials pursuant to and in compliance with the conditions of a State or federal permit.

(Added 1985, No. 70, § 5, eff. May 20, 1985.)

§ 6617 Person responsible for release; notice to Agency

Any person who has knowledge of a release or a suspected release and who may be subject to liability for a release, as detailed in section 6615 of this chapter, shall immediately notify the Agency. In addition, any eligible person or successor under section 6615a of this title or any secured lender or fiduciary who has knowledge of a release or a suspected release shall immediately notify the Agency. Failure to notify shall make those persons liable to the penalty provisions of section 6612 of this title.

(Added 1985, No. 70, § 6, eff. May 20, 1985; amended 1993, No. 29, § 5, eff. May 26, 1993; 1995, No. 44, § 3, eff. April 20, 1995.)

§ 6618 Waste Management Assistance Fund

(a) There is hereby created in the State Treasury a fund to be known as the Waste Management Assistance Fund to be expended by the Secretary of Natural Resources. The Fund shall have three accounts: one for Solid Waste Management Assistance, one for Hazardous Waste Management Assistance, and one for Electronic Waste Collection and Recycling Assistance. The Hazardous Waste Management Assistance Account shall consist of a percentage of the tax on hazardous waste under the provisions of 32 V.S.A. chapter 237, as established by the Secretary; the toxics use reduction fees under subsection 6628(j) of this title; and appropriations of the General Assembly. In no event shall the amount of the hazardous waste tax that is deposited to the Hazardous Waste Management Assistance Account exceed 40 percent of the annual tax receipts. The Solid Waste Management Assistance Account shall consist of the franchise tax on waste facilities assessed under the provisions of 32 V.S.A. chapter 151, subchapter 13 and appropriations of the General Assembly. The Electronic Waste Collection and Recycling Account shall consist of the program and implementation fees required under section 7553 of this title. All balances in the Fund accounts at the end of any fiscal year shall be carried forward and remain a part of the Fund accounts, except as provided in subsection (e) of this section. Interest earned by the Fund shall be deposited into the appropriate Fund account. Disbursements from the Fund accounts shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management.

(b) The Secretary may authorize disbursements from the Solid Waste Management Assistance Account for the purpose of enhancing solid waste management in the State in accordance with the adopted waste management plan. This includes:

(1) The costs of implementation planning, design, obtaining permits, construction, and operation of State or regional facilities for the processing of recyclable materials and of waste materials that because of their nature or composition create particular or unique environmental, health, safety, or management problems at treatment or disposal facilities.

(2) The costs of assessing existing landfills, and eligible costs for closure and any necessary steps to protect public health at landfills operating before January 1, 1987, provided those costs are the responsibility of the municipality or solid waste management district requesting assistance. The Secretary of Natural Resources shall adopt by procedure technical and financial criteria for disbursements of funds under this subdivision.

(3) The costs of preparing the State waste management plan.

(4) Hazardous waste pilot projects consistent with this chapter.

(5) The costs of developing markets for recyclable material.

(6) The costs of the Agency of Natural Resources in administering solid waste management functions that may be supported by the Fund established in subsection (a) of this section.

(7) A portion of the costs of administering the Environmental Division established under 4 V.S.A. chapter 27. The amount of $120,000.00 per fiscal year shall be disbursed for this purpose.

(8) The costs, not related directly to capital construction projects, that are incurred by a district, or a municipality that is not a member of a district, in the design and permitting of implementation programs included in the adopted Solid Waste Implementation Plan of the district or of the municipality that is not a member of a district. These disbursements shall be issued in the form of advances requiring repayment. These advances shall bear interest at an annual rate equal to the interest rate that the State pays on its bonds. These advances shall be repaid in full by the grantee not later than 24 months after the advance is awarded.

(9) The Secretary shall annually allocate 20 percent of the receipts of this account, based on the projected revenue for that year, for implementation of the Plan adopted pursuant to section 6604 of this title and Solid Waste Implementation Plans adopted pursuant to 24 V.S.A. § 2202a.

(10) The costs of the proper disposal of waste tires. Prior to disbursing funds under this subsection, the Secretary shall provide a person with notice and opportunity to dispose of waste tires properly. The Secretary may condition a disbursement under this subsection on the repayment of the disbursement. If a person fails to provide repayment subject to the terms of a disbursement, the Secretary may initiate an action against the person for repayment to the Fund or may record against the property of the person a lien for the costs of cleaning up waste tires at a property.

(c) The Secretary may authorize disbursements from the Hazardous Waste Management Assistance Account for the purpose of enhancing hazardous waste management in the State in accordance with this chapter. This includes:

(1) The costs of supplementing the State Waste Management Plan with respect to hazardous waste management.

(2) The costs of the Agency of Natural Resources in administering hazardous waste management functions that may be supported by the Fund established in subsection (a) of this section.

(3) The costs of administering the Hazardous Waste Facility Grant Program under section 6603g of this title.

(d) The Secretary shall annually allocate from the Fund accounts the amounts to be disbursed for each of the functions described in subsections (b), (c), and (f) of this section. The Secretary, in conformance with the priorities established in this chapter, shall establish a system of priorities within each function when the allocation is insufficient to provide funding for all eligible applicants.

(e) The Secretary may allocate funds at the end of the fiscal year from the Solid Waste Management Assistance Account to the Fund, established pursuant to section 1283 of this title, upon a determination that the funds available in the Environmental Contingency Fund are insufficient to meet the State’s obligations pursuant to subdivisions 1283(b)(1)–(9) of this title. Prior to any transfer of funds from the Solid Waste Management Assistance Account to the Environmental Contingency Fund, and after all Agency program costs are covered, an additional 10 percent of the receipts of the Solid Waste Management Assistance Account shall be allocated under subdivision 6618(b)(9) of this title. Any expenditure of funds transferred to the Environmental Contingency Fund shall be restricted to funding the activities specified in subdivisions 1283(b)(1)–(9) of this title. In no case shall the unencumbered balance of the Solid Waste Account following the transfer authorized under this subsection be less than $300,000.00.

(Added 1987, No. 78, § 16; amended 1989, No. 218 (Adj. Sess.), § 6; 1989, No. 281 (Adj. Sess.), § 5, eff. June 22, 1990; 1989, No. 282 (Adj. Sess.), § 12, eff. June 22, 1990; 1991, No. 202 (Adj. Sess.), § 8, eff. May 27, 1992; 1997, No. 133 (Adj. Sess.), § 7; 2005, No. 71, § 97; 2005, No. 135 (Adj. Sess.), §§ 2, 4; 2009, No. 79 (Adj. Sess.), § 3; 2009, No. 134 (Adj Sess.), § 32; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 148 (Adj. Sess.), § 15; 2021, No. 170 (Adj. Sess.), § 5, eff. July 1, 2022.)

§ 6619 Packaging information

The Secretary is authorized to require and shall solicit from manufacturers and distributors of consumer goods sold in the State information relating to whether the packages for those goods are recyclable or made of recycled material, and relating to the quantity of the packaging that accompanies each of those products.

(Added 1989, No. 61, § 5, eff. May 22, 1989.)

§ 6620 Permits issued by the Secretary related to solid waste facilities

(a) The Secretary shall coordinate and administer the programs under the jurisdiction of the Agency of Natural Resources so that, to the extent possible, there is concurrent review, concurrent public participation, and concurrent permit issuances for waste management facilities. The Secretary shall assign a permit manager to handle all applications related to a particular waste management facility.

(b) [Repealed.]

(Added 1989, No. 218 (Adj. Sess.), § 4; amended 1993, No. 92, § 12; 2003, No. 115 (Adj. Sess.), § 64, eff. Jan. 31, 2005.)

§ 6620a Limitations on the use of heavy metals in packaging

(a) This section shall take effect on the date the Secretary determines that a law similar to this section has been adopted by any combination of the northeast states with an aggregate population of at least 10,000,000 people. For purposes of this section, northeastern states shall include the New England states, Pennsylvania, New York, and New Jersey.

(b) As used in this section, the following definitions shall apply:

(1) “Package” means a container providing a means of marketing, protecting, or handling a product and shall include a unit package, an intermediate package and a shipping container. “Package” also shall mean and include such unsealed receptacles as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.

(2) “Distributor” means any person, firm, or corporation that takes title to goods purchased for resale.

(3) “Packaging component” means any individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels. Tin-plated steel that meets the American Society for Testing and Materials (ASTM) specification A-623 shall be considered as a single package component. Electro-galvanized coated steel and hot dipped coated galvanized steel that meets the ASTM specifications A-525 and A-879 shall be treated in the same manner as tin-plated steel.

(4) “Intentional introduction” means the act of deliberately utilizing a regulated metal in the formulation of a package or packaging component where its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance, or quality.

(5) “Incidental presence” means the presence of a regulated metal as an unintended or undesired ingredient of a package or packaging component.

(6) “Manufacturing” means physical or chemical modification of one or more materials to produce packaging or packaging components.

(7) “Distribution” means the practice of taking title to one or more package or packaging components for promotional purposes or resale. Persons involved solely in delivering one or more packages or packaging components on behalf of their parties are not considered distributors.

(8) “Manufacturer” means any person, firm, association, partnership, or corporation producing one or more packages or packaging components as defined in this section.

(9) “Supplier” means any person, firm, association, partnership, or corporation which sells, offers for sale, or offers for promotional purposes packages or packaging components that shall be used by any other person, firm, association, partnership, or corporation to package a product.

(c)(1) As soon as feasible, but not later than one year after the Secretary makes the finding described in subsection (a) of this section, no package or packaging component shall be offered for sale or for promotional purposes by its manufacturer or distributor in the State of Vermont that includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives containing any lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements.

(2) The use of a regulated metal as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing, resulting in the incidental retention of a residue of that metal in the final package or packaging component that is neither desired nor deliberate, is not considered intentional introduction for the purposes of this section where that final package or packaging component is in compliance with subdivision (e)(3) of this section and where there is no reasonable alternative.

(3) The use of recycled materials as feedstock for the manufacture of new packaging materials, where some portion of the recycled materials may contain amounts of the regulated metals, is not considered intentional introduction for the purposes of this section where the new package or packaging component is in compliance with subdivision (e)(3) of this section.

(d) As soon as feasible, but not later than one year after the Secretary makes the finding described in subsection (a) of this section, no product shall be offered for sale or for promotional purposes by its manufacturer or distributor in the State of Vermont in a package that includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives containing any lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements.

(e) The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in any package or packaging component shall not exceed the following:

(1) 600 parts per million by weight (0.06 percent) effective two years after the Secretary makes the findings described in subsection (a) of this section;

(2) 250 parts per million by weight (0.025 percent) effective three years after the Secretary makes the findings described in subsection (a) of this section; and

(3) 100 parts per million by weight (0.01 percent) effective four years after the Secretary makes the findings described in subsection (a) of this section.

(f) All packages and packaging components shall be subject to subsections (c), (d), and (e) of this section except the following:

(1) Those packages or packaging components with a code indicating date of manufacture that were manufactured prior to the effective date of this statute.

(2) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law, provided that the manufacturer of a package or packaging component must petition the Secretary for any exemption from the provisions of this subsection for a particular package or packaging component based upon either criterion; and provided further, that the Secretary may grant an exemption for up to two years if warranted by the circumstances; and provided further, that such an exemption may, upon meeting the criterion of this subsection, be renewed at two-year intervals.

(3) Packages and packaging components that would not exceed the maximum contaminant levels set forth in this section but for the addition of recycled materials; and provided that the exemption under this subdivision shall expire on January 1, 2000.

(4) Packages and packaging components that are reused but exceed contaminant levels set forth in this section, provided that the product being conveyed by that package and the package and packaging itself are regulated under federal or State health or safety laws, or both; and provided that transportation of those packaged products is regulated under federal or State transportation provisions, or both; and provided that disposal of the package is performed according to federal and State radioactive or hazardous waste disposal requirements; and provided that an exemption under this subdivision shall expire on January 1, 2000.

(5) Packages and packaging components having a controlled distribution and reuse (referred to as “reusable entities”) that exceed the contaminant levels set forth in this section, provided that the manufacturers or distributors of those packages or packaging components must petition the Secretary for exemption and receive approval from the Secretary, working with the CONEG toxics in a packaging clearinghouse, according to standards established in this subdivision (5), set by the Secretary and based upon satisfactory demonstrations that the environmental benefit of the controlled distribution and reuse is significantly greater as compared to the same package manufactured in compliance with the contaminant levels set forth in this section; and provided that an exemption under this subdivision shall expire on January 1, 2000. A plan, to be proposed by the manufacturer seeking the exemption, or the manufacturer’s designee, shall include each of the following elements:

(A) a means of identifying in a permanent and visible manner those reusable entities containing regulated metals for which an exemption is sought;

(B) a method of regulatory and financial accountability so that a specified percentage of reusable entities manufactured and distributed to other persons are not discarded by those persons after use, but are returned to the manufacturer or the manufacturer’s designee;

(C) a system of inventory and record maintenance to account for the reusable entities placed in, and removed from, service;

(D) a means of transforming returned entities that are no longer reusable into recycled materials for manufacturing or into manufacturing wastes that are subject to existing federal or State laws, rules, or regulations governing those manufacturing wastes, to ensure that these wastes do not enter the commercial or municipal waste stream; and

(E) a system of annually reporting to the Secretary changes to the system and changes in designees.

(g) Once the Secretary has made the finding described in subsection (a) of this section, the Secretary may notify a manufacturer that there are grounds for suspecting that a package or packaging component produced by that manufacturer may not be in compliance with this section, and may request the manufacturer to certify that the package or component is in compliance. If the manufacturer certifies that the package or component is exempt, the specific basis for the exemption shall be stated. If the manufacturer does not certify that the product is in compliance or is exempt, the Secretary may order that the packages or components in question be withdrawn from sale or promotional use within the State. For purposes of this subsection, the term manufacturer shall include the importer of a product manufactured outside the United States. False or fraudulent statements by a manufacturer may subject the manufacturer to the penalties of 13 V.S.A. § 3016.

(h) The Secretary shall review the effectiveness of this section by the second January first that follows the determination made under subsection (a) of this section and shall provide a report based upon that review to the Governor, the House Committee on Environment, and the Senate Committee on Natural Resources and Energy. The report may contain recommendations to add other toxic substances contained in packaging to the list set forth in this section in order to further reduce the toxicity of packaging waste, and a description of the nature of the substitutes used in lieu of lead, mercury, cadmium, and hexavalent chromium. The Secretary shall, in consultation with the source reduction task force of the Coalition of Northeastern Governors (CONEG), review the extension of the recycling exemption as it is provided for in subdivision (f)(3) of this section. This review shall commence on or before January 1, 1997. A report based upon that review shall be provided to the Governor and General Assembly on or before January 1, 1999.

(Added 1989, No. 286 (Adj. Sess.), § 1; amended 1995, No. 57, § 5; 1995, No. 143 (Adj. Sess.), § 1; 2017, No. 113 (Adj. Sess.), § 49a; 2019, No. 131 (Adj. Sess.), § 35.)

§ 6621 Repealed

[Repealed]

2001, No. 149 (Adj. Sess.), § 94, eff. June 27, 2002.

§ 6621a Landfill disposal requirements

(a) In accordance with the following schedule, no person shall knowingly dispose of the following materials in solid waste or in landfills:

(1) Lead-acid batteries, after July 1, 1990.

(2) Waste oil, after July 1, 1990.

(3) White goods, after January 1, 1991. “White goods” include discarded refrigerators, washing machines, clothes dryers, ranges, water heaters, dishwashers, and freezers. Other similar domestic and commercial large appliances may be added, as identified by rule of the Secretary.

(4) Tires, after January 1, 1992.

(5) Paint (whether water based or oil based), paint thinner, paint remover, stains, and varnishes. This prohibition shall not apply to solidified water based paint in quantities of less than one gallon, nor shall this prohibition apply to solidified water based paint in quantities greater than one gallon if those larger quantities are from a waste stream that has been subject to an effective paint reuse program, as determined by the Secretary.

(6) Nickel-cadmium batteries, small sealed lead acid batteries, nonconsumer mercuric oxide batteries, rechargeable batteries, primary batteries, and any other battery added by the Secretary by rule.

(7)(A) Labeled mercury-added products on or before July 1, 2007.

(B) Mercury-added products, as defined in chapter 164 of this title, after July 1, 2007, except as other effective dates are established in that chapter.

(8) After January 1, 2011, computers; peripherals; computer monitors; cathode ray tubes; televisions; printers; personal electronics such as personal digital assistants and personal music players; electronic game consoles; printers; fax machines; wireless telephones; telephones; answering machines; videocassette recorders; digital versatile disc players; digital converter boxes; stereo equipment; and power supply cords (as used to charge electronic devices).

(9) Mandated recyclable materials after July 1, 2015.

(10) Leaf and yard residuals and wood waste after July 1, 2016.

(11) Food residuals after July 1, 2020.

(12) Covered household hazardous products after July 1, 2026.

(b) This section shall not prohibit the designation and use of separate areas at landfills for the storage or processing, or both, of material specified in this section.

(c) Insofar as it applies to the operator of a solid waste management facility, the Secretary may suspend the application of this section to material specified in subdivision (a)(2), (3), (4), (5), or (6) of this section, or any combination of these, upon finding that insufficient markets exist and adequate uses are not reasonably available to serve as an alternative to disposal.

(d) The landfill disposal ban under subdivisions (a)(9)-(11) of this section shall not apply to mandated recyclables, leaf and yard residuals, or food residuals collected as part of a litter collection event operated or administered by a nonprofit organization or municipality.

(Added 1989, No. 286 (Adj. Sess.), § 2; amended 1991, No. 75, § 2; 1991, No. 95, § 3; 1993, No. 221 (Adj. Sess.), § 4a; 1995, No. 189 (Adj. Sess.), § 9; 1997, No. 151 (Adj. Sess.), § 3; 2005, No. 13, § 2, eff. July 1, 2005; 2009, No. 79 (Adj. Sess.), § 4; 2011, No. 148 (Adj. Sess.), § 10; 2015, No. 95 (Adj. Sess.), § 3, eff. May 10, 2016; 2023, No. 58, § 4, eff. June 12, 2023; 2023, No. 152 (Adj. Sess.), § 2, eff. July 1, 2024; 2025, No. 59, § 12, eff. June 11, 2025.)

§ 6621b Regulation of certain dry cell batteries

(a) Prohibition. A person may not place in mixed municipal solid waste a dry cell battery containing mercuric oxide electrode, nickel-cadmium, or sealed lead acid that was purchased for use or used by a government agency, or an industrial, communications, or medical facility.

(b) User responsibility. Each government agency, or industrial, communications, or medical facility shall collect and segregate, by chemical type, its batteries that are subject to this prohibition and shall return each segregated collection either to the supplier that provided the facility with that type of battery or to a collection facility designated by the manufacturer of that battery or battery-powered product.

(c) Manufacturer responsibility.

(1) A manufacturer of batteries subject to subsection (a) of this section shall:

(A) ensure that a system for the proper collection, transportation, and processing of waste batteries exists for purchasers in Vermont;

(B) clearly inform each purchaser of the prohibition on disposal of waste batteries and of the system or systems for proper collection, transportation, and processing of waste batteries available to the purchaser.

(2) To ensure that a system for the proper collection, transportation, and processing of waste batteries exists, a manufacturer shall:

(A) identify a collection chain through which the batteries should be returned to the manufacturer or to a manufacturer-designated collection site; and

(B) accept waste batteries returned to its manufacturing facility.

(3) A manufacturer shall ensure that the cost of proper collection, transportation, and processing of the waste batteries is included in the sales transaction or agreement between the manufacturer and any purchaser.

(4) A manufacturer that has complied with this subsection is not liable under subsection (a) of this section for improper disposal by a person other than the manufacturer of waste batteries.

(d) Battery requirements.

(1) The manufacturer of a button cell battery that is to be sold at retail in this State shall ensure that each battery is clearly identifiable as to the type of electrode used in the battery.

(2)(A) A manufacturer may not sell at retail, distribute for retail sale, or offer for retail sale in this State an alkaline manganese battery that contains more than 0.30 percent mercury by weight, or after February 1, 1992, 0.025 percent mercury by weight. Effective January 1, 1996, alkaline manganese and zinc carbon batteries may not be sold at retail in this State if they contain any added mercury.

(B) On application by a manufacturer, the Secretary may exempt a specific type of battery from the requirements of subdivision (d)(2)(A) of this section if there is no battery meeting the requirements that can be reasonably substituted for the battery for which the exemption is sought. The manufacturer of a battery exempted by the Secretary under this subdivision is subject to the requirements of subsection (c) of this section.

(C) Notwithstanding subdivision (d)(2)(A) of this section, a manufacturer may not sell at retail, distribute for retail sale, or offer for retail sale in this State after January 1, 1992, a button cell alkaline manganese battery that contains more than 25 milligrams of mercury.

(3) Effective January 1, 1993, no button battery containing mercury may be sold at retail in this State unless it contains less than 25 milligrams of mercury.

(e) Rechargeable batteries for tools and appliances.

(1) A manufacturer may not sell at retail, distribute for retail sale, or offer for retail sale in this State a rechargeable consumer product powered by a nickel-cadmium or small sealed lead battery unless:

(A) the battery can be easily removed by the consumer or is contained in a battery pack that is separate from the product and can be easily removed; and

(B) the product, the battery itself, and the package containing a consumer product each, are labeled in a manner that is clearly visible to the consumer, indicating that the battery must be recycled or disposed of properly and that the type of electrode used in the battery is clearly identifiable.

(2) “Rechargeable consumer product” as used in this subsection means any product that contains a rechargeable battery and is primarily used or purchased to be used for personal, family, or household purposes.

(3) On application by a manufacturer, the Secretary may exempt a rechargeable consumer product from the requirements of this subsection if:

(A) the product cannot be reasonably redesigned or manufactured to comply with the requirements prior to July 1, 1993;

(B) the redesign of the product to comply with the requirements would result in significant danger to public health and safety; or

(C) the battery poses no unreasonable hazard when placed in and processed or disposed of as part of mixed municipal solid waste.

(4) An exemption granted by the Secretary under subdivision (e)(3)(A) of this section must be limited to a maximum of two years and may be renewed.

(Added 1991, No. 95, § 1; amended 1993, No. 221 (Adj. Sess.), §§ 4b-4d.)

§ 6621c Lead-acid batteries; collection for recycling

(a) Definitions. For purposes of this section:

(1) “Lead-acid battery” means a battery that consists of lead and sulfuric acid and is used as a power source.

(2) “Small sealed lead-acid battery” means a lead-acid battery, weighing 25 pounds or less, used in nonvehicular applications. This shall not include any lead-acid battery used as the principal power source for transportation, including automobiles, motorcycles, and boats.

(b) Applicability. The provisions of subsections (c), (d), and (e) of this section shall not apply to any small sealed lead-acid battery.

(c) Standard retailer obligations. A retailer selling replacement lead-acid batteries in Vermont shall:

(1) Accept from customers, at the point of transfer, used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers.

(2) Post written language in bold print in the immediate vicinity where lead-acid batteries are sold, that reads as follows: “It is illegal to discard lead-acid batteries in Vermont’s landfills. This store accepts used lead-acid batteries for recycling, in exchange for new batteries being purchased.”

(d) Standard wholesaler obligation. Any wholesaler selling replacement lead-acid batteries in Vermont shall accept from customers at the point of transfer, used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers. A wholesaler accepting batteries in transfer from a retailer shall be allowed a period not to exceed 90 days to remove batteries from the retail point of collection.

(e) Information on recycling lead-acid batteries. A manufacturer selling lead-acid batteries in Vermont shall provide their direct customers with a telephone number where retailers and wholesalers may obtain information regarding recycling lead-acid batteries.

(Added 1993, No. 220 (Adj. Sess.), § 3.)

§ 6621d Repealed

[Repealed]

2005, No. 13, § 4, eff. July 1, 2007.

§ 6621e Repealed

[Repealed]

2005, No. 13, § 4(c).

§ 6622 Source separation incentives

(a) Any municipality or solid waste management district that meets the requirements of subsection (d) of this section has met the requirements of subdivision 6604(a)(1)(B) of this title for those materials identified in the source separation requirements under subsection (d) of this section.

(b) A municipality or a solid waste management district that wishes to be eligible, on a priority basis, for implementation grants under subdivision 6603c(c)(2)(C)(ii) of this title shall include a source separation plan in its solid waste management plan. At a minimum, that source separation plan shall include the following components:

(1) a recycling awareness component which includes education and public outreach; and

(2) a strategy to require source separation, including enforcement provisions; and

(3) a list of those materials subject to any source separation program, including at least five of the following materials:

(A) cardboard, including corrugated and boxboard;

(B) glass containers;

(C) yard waste, food waste, and other compostables;

(D) newsprint;

(E) office paper, including white, colored, and mixed office paper;

(F) metal food and beverage containers including tin-plated steel bi-metal and aluminum cans; and

(G) plastic containers made from high density polyethylene (HDPE), polyethylene terephthalate (PET), and polyvinyl chloride (PVC).

(c) If necessary, the Secretary of Natural Resources, by rule, shall add or delete materials to the list set forth under subdivision (b)(3) of this section, after considering the following:

(1) adequacy of markets;

(2) availability of process facilities; and

(3) the costs of collecting, processing, and transporting the material to market.

(d) Municipalities or districts that have an ordinance in effect that includes enforcement provisions and requires source separation of at least five materials identified in this section shall be eligible to receive priority consideration for implementation grants according to the provisions of subsection 6603c(c) of this title.

(e) [Repealed.]

(f) The deadlines established under subsection (d) of this section may be modified by the Secretary, depending on the availability of funds in the capital budget.

(g) For purposes of this section, “source separation” means systems that separate compostable and recyclable materials from noncompostable, nonrecyclable materials at the point of generation. Recyclable materials may be commingled.

(h) For purposes of this section, “compostable” means that a product, package, or material will safely decompose, in a composting system, into a humus-rich material, containing no persistent synthetic residues, that can be safely used as a beneficial soil amendment.

(Added 1989, No. 286 (Adj. Sess.), § 3; amended 1991, No. 202 (Adj. Sess.), § 7, eff. May 27, 1992; 1993, No. 81, § 8, eff. Jan. 1, 1994; 2019, No. 131 (Adj. Sess.), § 36.)

§ 6622a Repealed

[Repealed]

2009, No. 33, § 83(e)(8).

§ 6622b Appeals

Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title.

(Added 2003, No. 115 (Adj. Sess.), § 65, eff. Jan. 31, 2005.)

Subchapter 2 Toxics Use Reduction and Hazardous Waste Reduction

§ 6623 Goals and purpose

(a) The goals of this subchapter are to:

(1) eliminate or reduce the use of hazardous, particularly toxic, materials wherever feasible;

(2) reduce the generation of hazardous waste;

(3) reduce the release into the environment of chemical contaminants which have adverse and serious health or environmental effects;

(4) document hazardous waste reduction and toxics use reduction information and make that information available to State and local government and the public.

(b) It is the intent of this subchapter to encourage reduction of toxic substances and to reduce the generation of hazardous waste whenever technically and economically practicable, without shifting risks from one part of a process, environmental medium, or product to another. Priority shall be given to methods that reduce the amount of toxics used and, where that is not technically and economically practicable, methods that reduce the generation of hazardous waste.

(Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 1.)

§ 6624 Definitions

For purposes of this subchapter, in addition to the provisions of section 6602 of this title, the following definitions apply:

(1) “Class A generator” means a generator who generates 1,000 kg (2,200 lbs) or more of hazardous waste in one calendar month.

(2) “Class B generator” means a generator who generates more than 100 kg (220 lbs) but less than 1,000 kg (2,200 lbs) of hazardous waste in one calendar month and generates more than 1,200 kg (2,640 lbs) of hazardous waste in one calendar year.

(3) “Exempt small quantity generator” means a generator, as defined by 40 CFR § 261.5, who generates less than 100 kg (220 lbs) of hazardous waste or who generates less than 1 kg (2.2 lbs) of acute hazardous waste in one calendar month.

(4) “Large user” means a facility with 10 or more full-time employees that is in the Standard Industrial Classification (SIC) Code required by the Secretary to report and that:

(A) Manufactures, processes, or otherwise uses, exclusive of sales or distribution, more than 4,545.5 kg (10,000 lbs) of a toxic substance per year; or

(B) Manufactures, processes, or otherwise uses, exclusive of sales or distribution, more than 454.4 kg (1,000 lbs) but less than 4,545.5 kg (10,000 lbs) of a toxic substance per year if that substance accounts for more than 10 percent of the total of toxic substances used at the facility during the year.

(5)(A) “Hazardous waste reduction” means any recycling or other activity applied after hazardous waste is generated that is consistent with the general goal of reducing present and future threats to public health, safety, and the environment. Reduction may be proportionate to the increase or decrease in production or other business changes. The recycling or other activity shall result in:

(i) the reduction of total volume or quantity of hazardous waste generated that would otherwise be treated, stored, or disposed of; or

(ii) the reduction of toxicity of hazardous waste that would otherwise be treated, stored, or disposed of; or

(iii) both the reduction of total volume or quantity and the reduction of toxicity of hazardous waste.

(B) “Hazardous waste reduction” shall not:

(i) result in the significant transfer of hazardous constituents from one environmental medium to another;

(ii) include concentrating waste solely for the purposes of reducing volume;

(iii) use dilution as a means of reducing toxicity; or

(iv) include incineration.

(C) “Hazardous waste reduction” may include on-site and off-site treatment where it can be shown that such treatment confers a higher degree of protection of the public health, safety, and the environment than other technically and economically practicable waste reduction alternatives.

(6) “Risk reduction” means a reduction in volume or toxicity, or both, of a hazardous or toxic substance by a method that does not merely shift the risk to another environmental medium, or create a new environmental risk to human health or the environment.

(7) “Toxic substance” or “toxics” mean any substance in a gaseous, liquid, or solid state listed pursuant to Title III, Section 313 of the Superfund Amendments and Reauthorization Act of 1986. This list of substances may be altered as specified in subsection 6625(d) of this title. “Toxic substance” or “toxics” does not include constituents of fuels used to provide energy, unless those fuels include hazardous wastes from a generator’s process.

(8)(A) “Toxics use reduction” means in-plant changes in production or other processes or operations, products, or raw materials that reduce, avoid, or eliminate the use or production of toxic substances or raw materials that result in generation of hazardous wastes, without creating substantial new risks to public health, safety, and the environment, through the application of any of the following techniques:

(i) input substitution, meaning to replace a toxic substance, or a raw material that results in the generation of hazardous waste, used in a production or other process or operation with a nontoxic or less toxic substance;

(ii) product reformulation, meaning to modify an existing end product in order to reduce toxic substance inputs or raw materials that result in the generation of hazardous wastes;

(iii) production or other process or operation redesign or modifications;

(iv) production or other process or operation modernization, including upgrading or replacing existing equipment and methods with other equipment and methods;

(v) improved operation and maintenance controls of production or other process or operation equipment and methods, by modifying or adding to existing equipment or methods including techniques such as improved housekeeping practices, system adjustments, product and process inspections or production or other process or operation control equipment or methods; or

(vi) recycling, reuse, or extended use of toxics or raw materials that result in the generation of hazardous waste, by using equipment or methods that become an integral part of the production or other process or operation of concern, including filtration and other methods.

(B) “Toxics use reduction” includes proportionate changes in the usage of a particular toxic substance, or a raw material that results in the generation of hazardous waste, by any of the methods set forth in subdivision (8)(A) of this section as the usage of that toxic substance or raw material changes as a result of production changes or other business changes.

(9) “Toxics use” means use or production of a toxic substance, exclusive of sales or distribution.

(Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 2.)

§ 6625 Toxics use reduction and hazardous waste reduction program

(a) The Secretary shall establish a program for toxics use reduction and hazardous waste reduction pursuant to this subchapter.

(b) The Secretary shall coordinate the activities of all State agencies with responsibilities and duties relating to toxics use and hazardous waste and shall promote coordinated efforts to encourage toxics use reduction and hazardous waste reduction, with emphasis on the merits of use reduction as a means of reducing the amount of hazardous waste generated or hazardous material released into the environment. Coordination between the program and other relevant State agencies and programs shall, to the fullest extent possible, include joint planning processes and joint research and studies.

(c) The planning and reporting requirements of this subchapter shall apply only to generators who routinely generate, through ongoing process and operation, more than 1,200 kg (2,640 lbs) of hazardous waste per year or more than 12 kg (26.4 lbs) of acutely hazardous waste per year, and to large users.

(d) The Secretary shall adopt rules to carry out this subchapter. The rules shall include a provision for exempting from the requirements of this subchapter generators for whom the Secretary determines no source reduction opportunities exist. The Secretary may, by rule, add or remove any toxic substance or hazardous waste from the provisions of this subchapter. In order to add or remove any toxic substance or hazardous waste from the provisions of this subchapter, the Secretary shall make findings with respect to toxicity, potential impact on public health and the environment, and the potential for use reduction or waste reduction of the toxic substance or hazardous waste.

(e) The Secretary shall adopt, by rule, a list of SIC codes that identifies those facilities that are subject to this subchapter as a large user. The list initially must include SIC codes 20 through 39. In adding additional SIC codes, the Secretary shall make findings with respect to chemical use within the SIC category, and shall find:

(1) that the potential impact on public health and the environment is significant; and

(2) that the potential for use reduction and waste reduction within the category is significant.

(f) This subchapter shall not apply to farmers, dealers, or applicators regulated under 6 V.S.A. chapters 81 and 87, or any other persons to the extent they are regulated under any other chapters of Title 6.

(Added 1989, No. 282 (Adj. Sess.) § 17, eff. June 22, 1990; amended 1991, No. 100, § 3.)

§ 6626 Plan and report formats; data information system

(a) On or before January 1, 1992, the Secretary shall adopt a format to be used by generators and large users for completing the toxics use reduction and hazardous waste reduction plan required by section 6629 of this title. On or before July 1, 1993, the Secretary shall adopt a format for the toxics use reduction and hazardous waste reduction performance report required by section 6630 of this title.

(b) On or before July 1, 1992, the Secretary shall establish a data and information system for use in administering the provisions of this subchapter. In establishing the data and information system, the Secretary shall:

(1) establish methods and procedures for appropriately processing or managing hazardous waste reduction and toxics use reduction information;

(2) use the data management expertise, resources, and forms of already established environmental protection programs, to the extent practicable;

(3) establish computerized data retrieval and data processing systems, including safeguards to protect trade secrets designated pursuant to section 6632 of this title or protected under 1 V.S.A. § 317;

(4) identify additional data and information needs of the program.

(Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 4.)

§ 6627 Technical and research assistance program

The Secretary shall establish a technical and research assistance program to assist generators, exempt small quantity generators, and large users in identifying and applying toxics use reduction methods and hazardous waste reduction methods. The program shall emphasize assistance to smaller businesses that have inadequate technical and financial resources to obtain information, assess and develop and apply toxics use reduction and hazardous waste reduction methods. The program shall also emphasize the merits of use reduction as a means of reducing the amount of hazardous waste generated or hazardous materials released into the environment. In the program:

(1) The Department shall encourage presentations by private or public consultants, including on-site consultation at sites or locations where hazardous waste is generated or toxic substances are used to aid those generators or large users requiring assistance in developing and implementing the toxics use reduction and hazardous waste reduction plan, plan summary, and performance report required by this subchapter.

(2) The Department shall conduct plan assistance programs, seminars, workshops, training programs, and other similar activities to assist generators and large users to evaluate toxics use reduction and hazardous waste reduction alternatives and to identify opportunities for toxics use reduction and hazardous waste reduction.

(3) The Department shall establish a program to assemble, catalogue, and disseminate information about source reduction methods, with emphasis on the merits of use reduction, available consultant services, and regulatory requirements.

(4) The Department shall identify the range of technical solutions that can be applied by particular types of hazardous waste generators to reduce hazardous waste generation.

(5) The Department may also direct on-site technical assistance to generators and large users in developing the plans.

(6) The Department shall coordinate its technical assistance with trade associations and local colleges and universities as appropriate.

(7) Technical services provided under this section shall not result in inspection or other enforcement actions unless there is reasonable cause to believe there is an imminent threat to human health or the environment.

(8) The Department shall provide direct technical assistance to solid waste management districts and regional planning entities including training and information exchange and shall coordinate technical assistance with the solid waste management districts and regional planning entities.

(Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 5.)

§ 6628 Plan, plan summary, and performance report review

(a) Except as provided for in this section, a toxics use reduction and hazardous waste reduction plan developed under this subchapter shall be retained at the facility and is not a public record under 1 V.S.A. § 317. If a person developing a toxics use reduction and hazardous waste reduction plan under this chapter chooses to send all or a portion of the plan to the Secretary for review, it is exempt from public inspection and copying under the Public Records Act and shall be kept confidential. A plan summary submitted pursuant to section 6629 of this title shall be submitted to the Secretary and shall be a public record.

(b) For the purposes of this subchapter, a Class A generator, Class B generator, or large user shall permit any designated employee of the Department to inspect the toxics use reduction and hazardous waste reduction plan.

(c) The Department may review a plan, plan summary, or annual performance report to determine whether the plan, plan summary, or performance report is adequate according to the provisions of sections 6629 and 6630 of this title. If a Class A generator, Class B generator, or large user fails to complete an adequate plan, plan summary, or annual performance report, the Department, upon review of the plan, plan summary, or performance report shall notify the generator or user of the inadequacy, identifying the specific deficiencies. The Department shall specify a reasonable time frame of not less than 90 days nor more than 180 days within which the generator or user shall modify a plan, plan summary, or performance report to address the specified deficiencies, and the Department shall make technical assistance available to aid the generator or user in modifying its plan, plan summary, or performance report.

(d) If the Department determines that a modified plan, plan summary, or performance report is inadequate, the Department may either require further modification or issue an administrative order pursuant to subsection (e) of this section.

(e) If after having received a list of specified deficiencies from the Department, a Class A generator, Class B generator, or large user fails to develop an adequate plan, plan summary, or performance report within a time frame specified pursuant to subsection (c) or (d) of this section, the Department may order that generator or user to submit an adequate plan, plan summary, or performance report within a reasonable time frame of not less than 90 days. If the generator or user fails to develop an adequate plan, plan summary, or performance report within the time frame specified, a meeting shall be held between the generator or user, the Department, and the Secretary in a final attempt to resolve outstanding concerns and issues. If no compromise can be reached to modify the plan, plan summary, or performance report, the generator or large user shall submit to the Secretary any inadequate plan, and the Department shall conduct a public hearing on the plan, plan summary, or performance report. Except as provided under 1 V.S.A. § 317, in any hearing under this section, the relevant plan, plan summary, or performance report shall be considered a public record as defined in 1 V.S.A. § 317.

(f) On or after October 1, 1992, and every two years thereafter, the Secretary shall select, by the SIC Code, at least two categories of generators with potential for toxics use reduction and hazardous waste reduction and shall:

(1) examine the plans of selected generators and large users in the category, unless the Secretary determines that Agency resources are inadequate to complete plan reviews for all generators and users in the category, in which case the Secretary need only complete those that resources will accommodate;

(2) determine whether the selected generators and large users that are reviewed comply with section 6629 of this title;

(3) identify successful toxics use reduction and hazardous waste reduction approaches, including risk reduction, employed by generators and large users in the category and disseminate information concerning those approaches to generators and large users within the category.

(g) On or after October 1, 1992 for Class A generators, on or after July 1, 1993 for Class B generators, and on or after July 1, 1996 for large users, the Secretary may inspect the plan, plan summary, or performance report. For generators that are both Class A or Class B generators and large users the toxics use reduction portion of the plan required for chemicals included in the planning process solely by the large user definition is not due until July 1, 1996.

(h) In reviewing the adequacy of any plan, plan summary, or performance report, the Department shall base its determination solely on whether the plan, plan summary, or performance report is complete and prepared in accordance with section 6629 or 6630 of this title. The Department shall consider information provided under subsection 6629(b) in its review.

(i) The Department shall maintain a log of each plan, plan summary, or performance report it reviews, a list of all plans, plan summaries, or performance reports that have been found inadequate under subsection (e) of this section and descriptions of corrective actions taken. This information shall be available to the public at the Department’s office.

(j) Fees shall be submitted annually on March 31. Fees shall be submitted to the Secretary and deposited into the hazardous waste management account of the Waste Management Assistance Fund established under section 6618 of this title. Fees shall be computed according to the following:

(1) $400.00 per toxic chemical identified pursuant to subdivision 6629(c)(4) of this title.

(2) $400.00 per hazardous waste stream identified pursuant to subdivision 6629(c)(3) of this title.

(3) Up to a maximum amount of:

(A) $2,000.00 per plan for Class A generators.

(B) $400.00 per plan for Class B generators.

(C) $2,000.00 per plan for large users.

(D) $4,000.00 per plan for Class A generators that are large users.

(E) $1,200.00 per plan for Class B generators that are large users.

(Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 6; 1995, No. 42, §§ 1, 3; 1997, No. 155 (Adj. Sess.), § 38; 2003, No. 163 (Adj. Sess.), § 23; 2011, No. 161 (Adj. Sess.), § 5; 2015, No. 29, § 18; 2015, No. 57, § 22.)

§ 6629 Toxics use reduction and hazardous waste reduction plan; plan summary

(a) Each Class A and Class B generator and each large user shall prepare a toxics use reduction and hazardous waste reduction plan for any toxic substance or hazardous waste identified pursuant to subdivisions (c)(3) or (c)(4) of this section. Initial plans shall be due on or before October 1, 1992 for Class A generators; on or before July 1, 1993 for Class B generators; and on or before July 1, 1996 for large users. Updated plans shall be prepared no later than July 1, 1996 and every third July 1 thereafter. For generators that are both Class A or Class B generators and large users, the toxics use reduction portion of the plan required for chemicals included in the planning process solely by the large user definition is due on July 1, 1996 as an integrated component of a toxics use and hazardous waste reduction plan. A toxics use reduction and hazardous waste reduction plan shall:

(1) determine any toxics use reduction and hazardous waste reduction methods that may be implemented to reduce the use of toxic substances and hazardous waste generated without significantly shifting risks from one part of a process, environmental medium, or product to another;

(2) include a plan to document and implement toxics use reduction methods and hazardous waste reduction methods identified in subdivision (1) of this subsection that are technically and economically feasible for the generator, including performance goals for the reduction of toxic substances and hazardous waste, and including a reasonable implementation schedule.

(b) A facility required to complete a toxics use reduction and hazardous waste reduction plan may include as a preface to its initial plan:

(1) An explanation and documentation regarding toxics use reduction and hazardous waste reduction efforts completed or in progress before the first reporting date.

(2) An explanation and documentation regarding impediments to toxics use reduction and hazardous waste reduction specific to the individual facility.

(c) The toxics use reduction and hazardous waste reduction plan shall be prepared for each site pursuant to the format adopted under section 6626 of this title and shall include:

(1) The name and location of the site, including State plane coordinates.

(2) The SIC Codes of the site.

(3) Identification of each routinely generated hazardous waste resulting from ongoing processes or operations that has:

(A) a yearly weight exceeding five percent of the total yearly weight of hazardous waste generated;

(B) for acutely hazardous waste, a yearly weight exceeding five percent of the total yearly weight of acutely hazardous waste generated at the site.

(4) Identification of each routinely used toxic substance resulting from ongoing processes or operations, exclusive of sale or distribution, that has:

(A) a yearly weight exceeding 4,545.5 kg (10,000 lbs); or

(B) a yearly weight of between 454.5 kg (1,000 lbs) and 4,545.4 kg (10,000 lbs) if the toxic substance comprises 10 percent or more of the total toxic substances used.

(5) For each toxic substance and hazardous waste identified in subdivision (3) or (4) of this subsection, the plan shall include:

(A) an estimate of the quantity of toxic substance, or raw material resulting in hazardous waste, used and hazardous waste generated;

(B) an evaluation of feasible toxics use reduction and hazardous waste reduction methods available to the generator or large user.

(6) A specification of, and a rationale for the technically and economically feasible toxics use reduction and hazardous waste reduction methods that will be taken by the generator or large user with respect to each toxic substance or hazardous waste identified in subdivision (3) or (4) of this subsection. The plan shall give priority to toxics use reduction methods. The plan shall document the generator’s or large user’s rationale for rejecting any available toxics use reduction or hazardous waste reduction method identified in subdivision (5) of this subsection. The generator or large user shall have the sole and final authority to determine which, if any, toxics use reduction or hazardous waste reduction methods will be implemented.

(7) An evaluation of the effects of the chosen toxics use reduction or hazardous waste reduction method on emissions and discharges to air, water, or land, and with respect to whether or not that method adversely affects compliance with applicable laws, rules, and regulations.

(8) A written statement articulating upper management and corporate policy with respect to the toxics use reduction and hazardous waste reduction plan and a commitment to implement plan goals.

(9) A description of employee awareness programs that may include training programs specific to the implementation of the planning process to inform and involve the employees in toxic use reduction and hazardous waste reduction planning and implementation to the extent technically and economically feasible.

(d) As part of each plan developed under this section, a large user or generator shall establish specific performance goals for the reduction of toxics and hazardous waste in the following categories:

(1) Any toxic substance used in quantities in excess of 4,545.5 kg (10,000 lbs) a year or any toxic substance used in quantities between 454.5 kg (1,000 lbs) and 4,545.5 kg (10,000 lbs) per year that constitutes 10 percent or more of the total toxic substances used.

(2) For Class A and Class B generators, any hazardous waste representing 10 percent or more by weight of the cumulative hazardous waste stream generated per year.

(3) Whenever technically and economically practicable, the specific performance goals established shall be expressed in numeric terms. If the establishment of numeric goals is not practicable, the performance goals shall include a clearly stated list of objectives designed to lead to the establishment of numeric goals as soon as is practicable.

(e) Each generator or large user shall explain the rationale for each performance goal. The rationale for a particular performance goal shall address any impediments to toxics use reduction and hazardous waste reduction, including the following:

(1) The availability of technically practicable toxics use reduction and hazardous waste reduction methods, including any anticipated changes.

(2) The economic practicability of available toxics use reduction and hazardous waste reduction methods, including any anticipated changes. Examples of situations where toxics use reduction or hazardous waste reduction may not be economically practicable include:

(A) For valid reasons of prioritization, a particular facility has chosen to first address other more serious toxics use reduction or hazardous waste reduction concerns.

(B) Necessary steps to reduce toxics use and hazardous waste are likely to have significant adverse impacts on product quality.

(C) Legal or contractual obligations interfere with the necessary steps that would lead to toxics use reduction or hazardous waste reduction.

(f) Class A and Class B generators and large users shall prepare and submit plan summaries and updated plan summaries by the respective deadlines established under subsection (a) of this section for the completion of plans and updated plans. The plan summary shall include:

(1) For each toxic substance or hazardous waste identified in subdivision (c)(3) or (c)(4) of this section, a matrix form that indicates the toxics use reduction and hazardous waste reduction methods the large user or generator plans to implement in the next three years. On the horizontal axis of the matrix shall be listed the toxics use reduction and hazardous waste reduction methods of input substitution, product reformulation, production unit redesign, production unit modernization, improved operation and maintenance of production units, recycling or reuse integral to the production unit, and recycling outside the production process after the waste is generated. On the vertical axis shall be listed the following: method not considered, method considered but rejected (economic feasibility), method considered but rejected (technical feasibility), and method to be implemented. The large user or generator shall mark the intersection of a reduction or management technique on the horizontal axis with one of the options in the vertical axis. The larger user or generator shall provide a general written description of the information provided in the matrix and may provide any additional information to summarize the plan.

(2) A list of toxic substances and hazardous wastes that are covered by the plan.

(3) A written statement articulating upper management and corporate policy with respect to the toxics use reduction and hazardous waste reduction plan and a commitment to implement plan goals.

(4) As an option, a description of the specific performance goals established under subsection (d) of this section.

(Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 7; 1995, No. 42, § 2; 2019, No. 131 (Adj. Sess.), § 37.)

§ 6630 Toxics use reduction and hazardous waste reduction performance report

(a) On or before March 31, 1994, or March 31 of the year following the first plan, whichever is later, and annually thereafter, each generator or large user shall prepare and submit a hazardous materials management performance report to the House Committee on Environment and the Senate Committee on Natural Resources and Energy documenting toxics use reduction and hazardous waste reduction methods implemented by the generator or large user.

(b) The performance report shall be prepared for each site in accordance with the format adopted pursuant to section 6626 of this title, and shall include:

(1) The name and location of the site, including State plane coordinates.

(2) The SIC Code for the site.

(3) The following information for each hazardous waste or toxic substance identified under subsection 6629(c) of this title:

(A) an estimate of the quantity of hazardous waste generated and the quantity of hazardous waste managed, both on-site and off-site, during the current reporting year and the baseline year, as specified in subsection (c) of this section;

(B) an estimate of the quantity of toxic substances, or raw material resulting in hazardous waste, used during the current reporting year and the baseline year, as specified in subsection (c) of this section;

(C) an estimate of the percentage of toxics use reduction and hazardous waste reduction achieved by each toxics use reduction and hazardous waste reduction measure implemented since the baseline year as specified in subsection (c) of this section;

(D) an assessment of the effect, during the current year, of each hazardous waste reduction measure and toxics use reduction measure implemented since the baseline year relative to each performance goal established in subsection 6629(d) of this title;

(E) a description of factors during the current reporting year that have affected toxics use, hazardous waste generation, releases into the environment caused by use or waste generation as defined by the large user, Class A generator, and Class B generator status, and on-site and off-site hazardous waste management since the baseline year, including:

(i) changes in business activity;

(ii) changes in waste classification;

(iii) natural phenomena; and

(iv) other factors that have affected either the quantity of toxics used or hazardous waste generated or onsite and offsite hazardous waste management requirements; and

(F) a description of wastes concentrated solely for purposes of reducing volume.

(c) For purposes of subsection (b) of this section, the following definitions apply:

(1) The current reporting year is the calendar year immediately preceding the year in which the report is to be prepared.

(2) The baseline year is either of the following, whichever is applicable:

(A) For the initial performance report, the baseline year is the calendar year selected by the generator or large user for which substantial toxics use, hazardous waste generation, or on-site or off-site management data is available, before the initial planning year. If the generator or large user selects the initial planning year as the baseline year for the initial report, the information required pursuant to subdivision (3) of subsection (b) of this section, for the initial report shall be provided for the initial planning year. The generator or large user may include as part of the report a description of accomplishments in toxics use reduction and hazardous waste reduction prior to the baseline year.

(B) For all subsequent reports, the information of subsection (b) of this section shall be compared against the baseline year, the plan year, and the year immediately preceding this report if different than the plan year.

(d) Every report completed pursuant to this section shall be submitted by the generator or large user for review and certification by an engineer who is registered as a Vermont professional engineer or by an individual who is responsible for the processes and operation of the site.

(Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 8; 2011, No. 139 (Adj. Sess.), § 11, eff. May 14, 2012; 2017, No. 113 (Adj. Sess.), § 49b.)

§ 6631 Repealed

[Repealed]

2009, No. 33, § 83(e)(9).

§ 6632 Trade secrets

The Secretary shall adopt rules to ensure that trade secrets designated by a generator in all or a portion of the review and plans, and the report required by this subchapter, which are exempt from public inspection and copying under 1 V.S.A. § 317(c)(9), shall be used by the Secretary, the Department, and any authorized representative of the Department only in connection with the responsibilities of the Department pursuant to this subchapter, and otherwise shall be kept confidential.

(Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 2015, No. 29, § 19.)

§ 6633 Interagency Committee on Chemical Management

(a) Creation. There is created the Interagency Committee on Chemical Management in the State to:

(1) evaluate chemical inventories in the State on an annual basis;

(2) identify potential risks to human health and the environment from chemical inventories in the State; and

(3) propose measures or mechanisms to address the identified risks from chemical inventories in the State.

(b) Membership. The Interagency Committee on Chemical Management shall be composed of the following eight members:

(1) the Secretary of Agriculture, Food and Markets or designee;

(2) the Secretary of Natural Resources or designee;

(3) the Commissioner of Health or designee;

(4) the Commissioner of Labor or designee;

(5) the Commissioner of Public Safety or designee;

(6) the Secretary of Commerce and Community Development or designee;

(7) the Secretary of Digital Services or designee; and

(8) the Secretary of Transportation or designee.

(c) Powers and duties. The Interagency Committee on Chemical Management shall:

(1) Convene a citizen advisory panel to provide input and expertise to the Committee. The citizen advisory panel shall consist of persons available to the Committee on an as-needed basis to provide the following expertise:

(A) one individual with expertise in toxicology;

(B) one individual with expertise in environmental health;

(C) one individual with expertise in maternal and child health;

(D) one individual with expertise in industrial hygiene or occupational health;

(E) one individual with expertise in human health and environmental risk assessment;

(F) one individual with expertise in manufacturing products or processes located in Vermont and subject to Vermont recordkeeping and reporting requirements;

(G) one individual with expertise in retail sales located in Vermont;

(H) one individual associated with a small business located in Vermont and subject to Vermont recordkeeping and reporting requirements;

(I) one individual associated with an academic institution with expertise in chemical management or chemical policy;

(J) one individual with expertise in environmental law;

(K) one individual with expertise in public policy, with a focus on chemical policy; and

(L) one individual with expertise in development and administration of information reporting technology or databases.

(2) Monitor actions taken by the U.S. Environmental Protection Agency (EPA) to regulate chemicals under the Toxic Substances Control Act, 15 U.S.C. chapter 53, and notify relevant State agencies of any EPA action relevant to the jurisdiction of the agency.

(3) Annually review chemical inventories in the State in relation to emerging scientific evidence in order to identify chemicals of high concern not regulated by the State.

(4) Develop written procedures, guidance, and other resources that are necessary and appropriate to carry out the functions of the Interagency Committee on Chemical Management.

(d) Assistance. The Interagency Committee on Chemical Management shall have the administrative, technical, and legal assistance of the Agency of Natural Resources, the Agency of Agriculture, Food and Markets, the Department of Health, the Department of Public Safety, the Department of Labor, the Agency of Commerce and Community Development, and the Agency of Digital Services.

(e) Report. On or before December 15, 2020 and biennially thereafter, the Interagency Committee on Chemical Management shall report to the Governor and make recommendations regarding the actions of the Committee in accordance with this section. Copies of the report shall be submitted to the Senate Committees on Natural Resources and Energy, on Health and Welfare, and on Economic Development, Housing and General Affairs and the House Committees on Natural Resources, Fish, and Wildlife, on Human Services, and on Commerce and Economic Development. The provisions of 2 V.S.A. § 20(d) regarding expiration of required reports shall not apply to the report to be made under this section. The report shall include:

(1) a summary of chemical use in the State based on reported chemical inventories;

(2) a summary of identified risks to human health and the environment from reported chemical inventories;

(3) a summary of any change under federal statute or rule affecting the regulation of chemicals in the State; and

(4) recommended legislative or regulatory action to reduce risks to human health and the environment from regulated and unregulated chemicals of emerging concern.

(f) Meetings.

(1) The Secretary of Natural Resources or designee shall be the Chair of the Interagency Committee on Chemical Management.

(2) The Secretary of Natural Resources or designee shall call the first meeting of the Interagency Committee on Chemical Management to occur on or before July 1, 2019.

(3) A majority of the membership of the Interagency Committee on Chemical Management shall constitute a quorum.

(g) Authority of agencies. The establishment of the Interagency Committee on Chemical Management shall not limit the independent authority of a State agency to regulate chemical use or management under existing State or applicable federal law.

(Added 2019, No. 75, § 1, eff. June 19, 2019.)

Subchapter 3 Brownfields Reuse and Environmental Liability Limitations

§ 6641 Brownfield Property Cleanup Program; creation; powers

(a) There is created the Brownfield Property Cleanup Program to enable certain interested parties to request the assistance of the Secretary to review and oversee work plans for investigating, abating, removing, remediating, and monitoring a property in exchange for protection from certain liabilities under section 6615 of this title. The Program shall be administered by the Secretary who shall:

(1) Specify an appropriate amount or type of insurance, require the posting of a bond or other form of financial assurance, or establish other qualifications for persons carrying out activities related to the Cleanup Program.

(2) Contract with private engineers, hydrologists, and site professionals to provide the investigation and review required by this subchapter. The contract may be financed from the oversight fees established in subdivision 6644(5) of this title or may bill an applicant who is not liable under subdivision 6615(a)(1) of this title for the services.

(3) Release an applicant from State liability, provided the applicant is in compliance with this subchapter.

(b) After approval of a site investigation work plan or a corrective action plan, the Secretary shall notify the person of any future requirements under this subchapter, including a tentative schedule of processing times.

(c) When conducting any review required by this subchapter, the Secretary shall prioritize the review of remediation at a site that contains housing or that is planned for the construction or rehabilitation of single-family or multi-family housing.

(Added 2007, No. 147 (Adj. Sess.), § 7; amended 2025, No. 69, § 17, eff. July 1, 2025.)

§ 6642 Definitions

As used in this subchapter:

(1) “Applicant” means a person who has applied for relief from State liability through participation in the Program.

(2) “Brownfield site” means real property, the expansion, redevelopment, or reuse of which may be complicated by the release or threatened release of a hazardous material. “Brownfield site” does not include any of the following:

(A) A facility that is the subject of a planned or ongoing removal action under CERCLA.

(B) A facility that is listed as a CERCLA site or is proposed for listing.

(C) A facility that is the subject of any State or federal administrative or court order under any of the following authorities:

(i) 42 U.S.C. § 9601 et seq. (CERCLA) or section 6615 of this title (State hazardous materials remediation);

(ii) 42 U.S.C. § 6901 et seq. (Solid Waste Disposal Act) or chapter 159 of this title (solid waste or hazardous waste);

(iii) 33 U.S.C. § 1251 et seq. (federal Water Pollution Control Act) or chapter 47 of this title (water pollution control);

(iv) 15 U.S.C. § 2601 et seq. (Toxic Substances Control Act);

(v) 42 U.S.C. § 300f et seq. (Safe Drinking Water Act) or chapter 56 of this title (public water supply).

(D) A facility that is subject to either of the following:

(i) corrective action under 42 U.S.C. § 6924(u) or 6928(h);

(ii) corrective action permit or order issued or modified to require the implementation of corrective measures.

(E) A land disposal unit in regard to which both of the following apply:

(i) a closure notification under subtitle C of 42 U.S.C. § 6921 et seq. has been submitted;

(ii) closure requirements have been specified in a closure plan or permit.

(F) A facility that is subject to the jurisdiction, custody, or control of any instrumentality of the United States, except for land held in trust by the United States for an Indian tribe.

(G) A portion of a facility to which both the following apply:

(i) a release of polychlorinated biphenyls has occurred;

(ii) is subject to remediation under 15 U.S.C. § 2601 et seq. (Toxic Substances Control Act).

(H) A portion of a facility for which assistance for response activity has been obtained under subtitle I of 42 U.S.C. § 6991 et seq. (Solid Waste Disposal Act) from the Leaking Underground Storage Tank Trust Fund established under 26 U.S.C. § 9508.

(3) “CERCLA” means the Comprehensive Environmental, Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq.

(4) “Innocent current owner” means a person that owns real property where a release or threatened release of a hazardous material exists but the person did none of the following:

(A) held an ownership interest in the property or in any related fixtures or appurtenances, excluding a secured lender’s holding indicia of ownership in the property to assure the repayment of a financial obligation at the time of any disposal of hazardous materials on the property;

(B) directly or indirectly caused or contributed to any releases or threatened releases of hazardous materials at the property;

(C) operated or controlled the operation at the property of a facility for the storage treatment or disposal of hazardous materials at the time of the disposal of hazardous materials at the property;

(D) disposed of or arranged for the disposal of hazardous materials at the property;

(E) generated the hazardous materials that were disposed of at the property.

(5) “Program” means the Brownfield Property Cleanup Program.

(6) “Remediation standards” means standards developed by the Secretary for the remediation of contaminated properties. The Secretary shall determine appropriate remediation standards on a site-specific basis and shall consider all the following:

(A) future land use and the appropriate use of institutional controls;

(B) environmental media, including soil, groundwater, surface water, and air;

(C) requirements for source removal, treatment, or containment;

(D) appropriate use of monitored natural attenuation;

(E) any other issue related to the protection of public health and the environment.

(Added 2007, No. 147 (Adj. Sess.), § 7.)

§ 6643 Application process

A person shall apply to the Secretary for participation in the Program on a form determined by the Secretary accompanied by a nonrefundable application fee of $500.00. The application shall include:

(1) A preliminary environmental assessment of the property, a legal description of the property, a description of the physical characteristics of the property, the nature and extent of releases and threatened releases at the property and the risks to human health and the environment presented by the releases or threatened release, and any other information requested by the Secretary.

(2) A description of the proposed redevelopment and use of the property.

(3) A certification that the applicant has given timely notification to the public that provides a reasonable opportunity for public comment to the Secretary regarding the information and material provided in subdivisions (2) and (3) of this section.

(4) A notarized certification, on a form provided by the Secretary, in which the applicant attests to all the following:

(A) Each person who would benefit from liability protection pursuant to section 6653 of this title has disclosed to the Secretary all information currently known to the person or in the person’s possession or control that relates to releases or threatened releases of hazardous materials at the property.

(B) No person, including a principal, owner, director, affiliate, or subsidiary, who would benefit from liability protection pursuant to section 6653 of this title:

(i) currently holds or ever held an ownership interest in the property or in any related fixtures or appurtenances, except for either of the following:

(I) a secured lender’s holding indicia of ownership in the property primarily to assure repayment of a financial obligation;

(II) an innocent current owner;

(ii) directly or indirectly caused or contributed to any releases or threatened releases of hazardous materials at the property;

(iii) currently operates or controls or ever operated or controlled the operation at the property of a facility for the storage, treatment, or disposal of hazardous materials from which there was a release;

(iv) disposed of, or arranged for the disposal of hazardous materials at the property;

(v) generated hazardous materials that were disposed of at the property.

(Added 2007, No. 147 (Adj. Sess.), § 7.)

§ 6644 General obligations

Any person participating in the Program shall do all the following:

(1) Not provide any information required under this subchapter by fraud, intentional misrepresentation, failure to disclose material information, or providing false certification.

(2) Not engage in any activity that is inconsistent or interferes with monitoring, investigation, abatement, removal, or remediation activities or the conditions or restrictions in a certificate of completion.

(3) Provide access to and cooperate with the Secretary and any person liable pursuant to section 6615 of this title acting subject to the approval of the Secretary for investigation, abatement, removal, remediation, or monitoring activities at the property. The grant of access and all other provisions that the Secretary determines necessary may be memorialized in the form of an interest in real property that runs with the land and is binding against successors and assigns.

(4) Comply with all rules and procedures required by the Secretary and obtain all necessary permits, certifications, and other required authorizations prior to beginning any site investigation or corrective action plan activities.

(5) If an innocent current owner, pay any additional costs of the Secretary’s review and oversight of the site investigation or corrective action plan, or both.

(6) Provide the Secretary with all documents and information relating to the performance of the investigation, abatement, removal, remediation, and monitoring activities.

(7) Defend, indemnify, save, and hold harmless the State from all claims and causes of action related to, or arising from, acts or omissions of the applicant in performing the site investigation and corrective action plan except in the case of either of the following:

(A) reimbursement of fees or costs improperly required by and paid to the Secretary by the eligible person or successor;

(B) a cause of action related to the State’s liability pursuant to subsection 6615(a) of this title.

(Added 2007, No. 147 (Adj. Sess.), § 7; amended 2009, No. 134 (Adj. Sess.), § 31.)

§ 6645 Eligibility

Not more than 30 days after the Secretary receives a complete application, the Secretary shall determine eligibility and provide written notice to the applicant of the Secretary’s determination. A person is eligible for participation in the Program if the Secretary determines all the following:

(1) There is a release or threatened release of hazardous material at the property that the person proposes for remediation and redevelopment.

(2) The applicant is not liable pursuant to section 6615 of this title for any release or threatened release of a hazardous material at the property or the person is an innocent current owner of the property. The Commissioner may accept an affidavit of innocence or may request further information and investigate to determine compliance with this section. Any determination of innocence or liability under this subdivision is solely for the purpose of the initial eligibility determination for this Program and shall have no collateral effect in other proceedings.

(3) The property is a Brownfield site, or the Secretary determines, on a site-by-site basis, both the following:

(A) The property is not a Brownfield site because it is excluded pursuant to subdivision 6642(2)(A), (C)(ii)—(v), (D), (E), (G), or (H) of this title.

(B) Participation in the Program will promote the Program objectives identified in subsection 6641(a) of this title.

(Added 2007, No. 147 (Adj. Sess.), § 7.)

§ 6646 Forbearance

Provided that the applicant has been determined to be eligible for the Program and is working in good faith toward meeting the obligations required by this subchapter:

(1) the State may not bring an action against an applicant based on liability as an owner pursuant to subdivision 6615(a)(1) of this title; and

(2) with respect to prospective purchasers, no person may bring a claim for contribution pursuant to subsection 6615(i), provided:

(A) the prospective purchaser’s liability is limited to liability as an owner pursuant to subdivision 6615(a)(1) of this title; and

(B) the Secretary has approved a corrective action plan for the site pursuant to section 6648 of this title.

(Added 2007, No. 147 (Adj. Sess.), § 7; amended 2021, No. 170 (Adj. Sess.), § 9, eff. July 1, 2022.)

§ 6647 Site investigation

(a) The applicant shall submit a site investigation work plan to the Secretary. The work plan shall identify the person or persons who will conduct the site investigation. The work plan shall provide a site investigation that satisfies all the following objectives:

(1) defines the nature, source, degree, and extent of the contamination;

(2) defines all possible pathways for contaminant migration;

(3) presents data that quantify the amounts of contaminants migrating along each pathway;

(4) defines all relevant sensitive receptors;

(5) determines the risk of contamination to human health and the environment;

(6) identifies appropriate abatement, removal, remediation, and monitoring activities, taking into consideration the proposed redevelopment for the property supported by sufficient information;

(7) provides a preliminary recommendation supported by sufficient information.

(b) The Secretary shall evaluate the site investigation work plan and shall either approve, approve with conditions, or disapprove the site investigation work plan. If the Secretary approves the site investigation work plan with conditions or disapproves the work plan, the applicant shall submit a revised site investigation work plan for approval, or the applicant shall withdraw from the Program. The applicant shall submit any additional or corrected information requested by the Secretary at any time during the evaluation of the site investigation work plan.

(c) After approval of the site investigation work plan, the applicant shall implement the site investigation in accordance with the approved work plan.

(d) After completion of the site investigation, the applicant shall submit a site investigation report that describes the information gathered and provides recommendations that address the items identified in subsection (a) of this section. The Secretary may approve the site investigation report or, prior to approval, may require revisions to the report or further site investigation work under an amended site investigation work plan, or both.

(e) If the approved site investigation report concludes that no further investigation, abatement, removal, remediation, or monitoring activities are required to protect adequately human health and the environment and to meet all applicable remediation standards, then the applicant may request a determination from the Secretary that no additional investigation, abatement, removal, remediation, or monitoring activities are required. The Secretary may make that determination if the Secretary determines both of the following:

(1) Redevelopment and reuse of the property will not cause, allow, contribute to, worsen, or delay any release or threatened release of hazardous materials at the property.

(2) The releases or threatened releases that are not abated, removed, or remediated do not pose an unacceptable risk to human health, and the environment and applicable remediation standards are met.

(f) If the approved site investigation report concludes that abatement, removal, remediation, or monitoring activities are required to protect adequately human health and the environment and to meet all applicable remediation standards, the applicant shall submit a corrective action plan in accordance with section 6648 of this title.

(Added 2007, No. 147 (Adj. Sess.), § 7.)

§ 6648 Corrective action plan

(a) A corrective action plan shall clearly describe the basis and details of a proposed cleanup strategy that includes ensuring technical feasibility, an effective engineering design, reasonable costs, protection of human health and the environment, and compliance with the remediation standards. The corrective action plan shall include all the following:

(1) a description of all releases or threatened releases existing at the property;

(2) a proposed plan for abatement, removal, and remediation of any release or threatened release, including any condition that has led or could lead to a release or threatened release;

(3) a plan for continued monitoring of the property during and after the investigation, abatement, removal, and remediation activities are completed;

(4) a description of applicable remediation standards;

(5) plans for all the following:

(A) quality assurance;

(B) sampling and analysis;

(C) health and safety considerations;

(D) data management and record keeping;

(6) a proposed schedule for implementation of each task set forth in the proposed corrective action plan.

(b) The Secretary shall evaluate the corrective action plan and shall either approve, approve with conditions, or disapprove the corrective action plan. The applicant shall submit any additional or corrected information requested by the Secretary at any time during the evaluation of the corrective action plan.

(c) The Secretary may approve a corrective action plan for all or a portion of the releases or threatened releases at the property, provided the Secretary determines that the corrective action plan will fulfill both the following:

(1) Activities in the approved corrective action plan and the redevelopment and use of the property will not cause, contribute to, or worsen any release or threatened release of hazardous materials.

(2) The corrective action plan provides for all investigation, abatement, removal, remediation, and monitoring activities required to protect human health and the environment and to meet all applicable remediation standards.

(d) If the Secretary approves a corrective action plan that addresses only a portion of the releases or threatened releases at the property, the Secretary must find that the releases or threatened releases that are not abated, removed, or remediated pursuant to the corrective action plan do not and will not pose an unacceptable risk to human health and the environment and are in compliance with remediation standards.

(e) Before approving a corrective action plan under this subchapter, the Secretary shall proceed in accordance with chapter 170 of this title.

(f) After approval of a corrective action plan and any amendments to the plan, the Secretary shall notify the claimant of all the following information:

(1) a summary of the nature of the contamination identified on the property and the major components of the corrective action plan;

(2) a detailed description of any restrictions on the future use of the property;

(3) the location where all information relating to an approved corrective action plan and site investigation may be reviewed.

(g) The person receiving the approval shall file the notice of approval of the corrective action in the land records of the municipality in which the property is located within 15 days of receipt of the approval.

(Added 2007, No. 147 (Adj. Sess.), § 7; amended 2015, No. 150 (Adj. Sess.), § 28, eff. Jan. 1, 2018.)

§ 6649 Amendments to a corrective action plan

(a) Except for the corrective action plan adjustment limitations provided under subsection (b) of this section, at the applicant’s request or in the Secretary’s discretion, the Secretary may amend the plan if the Secretary determines that the amendment is necessary to protect public health and the environment.

(b) An approved corrective action plan of an applicant who became a participant in the Program prior to acquiring any ownership interest in the property and who is not otherwise liable pursuant to section 6615 of this title may be amended only at the Secretary’s discretion, provided the amendments to the corrective action plan do not increase the costs of completion by more than 30 percent of the estimated costs of the original corrective action plan.

(c) Notwithstanding issuance of a certificate of completion pursuant to section 6653 of this title, if at any time the Secretary finds that a completed corrective action plan fails to protect adequately human health and the environment or fails to meet all applicable remediation and federal cleanup standards, the Secretary may do any of the following:

(1) exercise authority pursuant to section 6615 of this title against any liable person except the person or the successor of the person that completed the corrective action plan;

(2) perform all investigation, abatement, removal, remediation, or monitoring activities necessary to ensure the property meets all the applicable remediation standards.

(Added 2007, No. 147 (Adj. Sess.), § 7.)

§ 6650 Program withdrawal

(a) An applicant may withdraw from the Program at any time, provided the applicant does all the following:

(1) Files with the Secretary a notice of intent to withdraw from the Program.

(2) Ensures that the site is stabilized. Site stabilization includes any action necessary to ensure that work conducted at the property will not cause greater risk to human health and the environment than existed before the remediation work was begun and to ensure that the property will not pose an imminent hazard to human health or the environment.

(3) Continues to comply with the general obligations of section 6644 of this title.

(b) An applicant may withdraw from the Program after the approval of a corrective action plan and the Secretary has granted personal liability protection as authorized in subsection 6653(b) of this title provided the applicant does all the following:

(1) Meets all the requirements of withdrawal pursuant to subsection (a) of this section.

(2) Records a deed restriction on the property approved by the Secretary. The deed restriction shall include:

(A) any limitations on the uses of the property based on risk-based exposure criteria used in developing the corrective action plan;

(B) prohibitions against physical changes to the property;

(C) a requirement that protective barriers to control remaining sources of contamination be installed and maintained;

(D) restrictions on groundwater use and requirements that alternative water supplies be provided.

(3) Does not engage in an activity at the property that is inconsistent or interferes with the approved corrective action plan.

(4) Does not violate any use restriction imposed on the property by the Secretary.

(5) Promptly reports and addresses contamination caused or exacerbated by a negligent or reckless action during corrective action.

(Added 2007, No. 147 (Adj. Sess.), § 7.)

§ 6651 Implementation of corrective action plan

(a) The applicant shall perform all investigation, abatement, remediation, removal, and monitoring activities in accordance with the approved corrective action plan, any amendments to the plan, and all applicable local, State, and federal laws.

(b) If prior to the issuance of the certificate of completion, the applicant through the performance of an approved site investigation or corrective action plan worsens an existing release or threatened release of hazardous materials at the property, or causes a new release or threatened release, the applicant shall immediately notify the Secretary, prepare and submit to the Secretary an amendment to the corrective action plan for investigation, abatement, removal, remediation, and monitoring of the release or threatened release, and carry out the amended corrective action plan as approved by the Secretary.

(Added 2007, No. 147 (Adj. Sess.), § 7.)

§ 6652 Certificate of completion

(a) After completion of all activities required by the corrective action plan, the applicant shall file a completion report with the Secretary. The completion report shall include all the following:

(1) description of the activities performed under the corrective action plan and any amendments to the plan;

(2) description of any problems encountered;

(3) certification by the applicant that the activities were performed in accordance with the corrective action plan.

(b) Upon receipt of the completion report, the Secretary shall determine whether additional work is required in order to complete the plan. The applicant shall perform any additional activities necessary to complete the corrective action plan as required by the Secretary and shall submit a new completion report. When the Secretary determines that the applicant has successfully completed the corrective action plan and paid all fees and costs due under this subchapter, the Secretary shall issue a certificate of completion, which certifies that the work is completed. The certificate of completion shall include a description of any land use restrictions and other conditions required by the corrective action plan. The Secretary may establish land use restrictions in the certificate of completion for a property, but the Secretary shall not acquire interests in the property in order to establish a land use restriction.

(c) If, on request of the applicant, the Secretary determines that no further investigation, abatement, removal, remediation, or monitoring activities are required, the Secretary shall issue a certificate of completion that includes a description of any required land use restrictions.

(d) The Secretary may determine that a corrective action plan and any amendments of an applicant who participated in the program prior to acquiring an ownership interest in the property and is not otherwise liable pursuant to section 6615 of this title have been substantially completed and that all fees and costs due under this subchapter have been paid and issue a certificate of completion. The certificate of completion shall certify that the work is completed and may include conditions for operation and monitoring in addition to the requirements pursuant to section 6653 of this title.

(e) A certificate of completion issued pursuant to this section shall contain a statement that the protection from liability pursuant to subsection 6653(a) of this title is in effect. The person receiving the certificate of completion shall file it in the land records for the municipality in which the property is located.

(Added 2007, No. 147 (Adj. Sess.), § 7; amended 2017, No. 55, § 5, eff. June 2, 2017.)

§ 6653 Release from liability; personal release from liability

(a) An applicant who has obtained a certificate of completion pursuant to section 6652 of this title and successor owners of the property included in the certificate of completion who are not otherwise liable under section 6615 for the release or threatened release of a hazardous material at the property shall not be liable under subdivision 6615(a)(1) of this title for any of the following:

(1) A release or threatened release that existed at the property at the time of the approval of the corrective action plan and complies with one or both of the following:

(A) was discovered after the approval of the corrective action plan by means that were not recognized standard methods at the time of approval of the corrective action plan;

(B) the material was not regulated as hazardous material until after approval of the corrective action plan.

(2) Cleanup after approval of the corrective action plan was done pursuant to more stringent cleanup standards effective after approval of the corrective action plan.

(3) Natural resource damages pursuant to section 6615d of this title, provided that the applicant did not cause the release that resulted in the damages to natural resources.

(b) A person who meets the requirements of subsection 6650(b) of this title shall not be liable under subdivision 6615(a)(1) of this title for the release of a hazardous material that is addressed in a corrective action plan approved by the Secretary. A release from liability under this subsection is personal and does not run with the property or apply to successors in interest to the property.

(c) A release from liability under this section or forbearance from action provided by section 6646 of this title does not extend to any of the following:

(1) A release or threatened release of a hazardous material that was not present at the time the applicant submitted an application pursuant to this subchapter where the release or threatened release:

(A) has not been addressed under an amended corrective action plan approved by the Secretary; or

(B) was caused by intentional or reckless conduct by the applicant or agents of the applicant.

(2) Failure to comply with the general obligations established in section 6644 of this title.

(3) A release that occurs subsequent to the issuance of a certificate of completion.

(4) Failure to comply with the use restrictions contained within the certificate of completion for the site issued pursuant to subsection 6652(b) of this title.

(d) There shall be no protection from liability under this section or forbearance under section 6646 of this title for a successor if that successor or any of its principals, owners, directors, affiliates, or subsidiaries:

(1) ever held an ownership interest in the property or in any related fixtures or appurtenances, excluding a secured lender who holds indicia of ownership in the property primarily to assure repayment of a financial obligation, except in the case of an innocent owner;

(2) directly or indirectly caused or contributed to any release or threatened release of hazardous materials at the property;

(3) currently operates or controls or ever operated or controlled the operation on the property of a facility for the storage, treatment, or disposal of hazardous materials from which there was a release or threatened release of hazardous materials;

(4) disposed of or arranged for the disposal of hazardous materials at the property;

(5) generated hazardous materials that were disposed of at the property.

(Added 2007, No. 147 (Adj. Sess.), § 7; amended 2017, No. 55, § 6, eff. June 2, 2017.)

§ 6654 Brownfield Revitalization Fund; creation; assistance

(a) There is created a Brownfield Revitalization Fund that shall be a special fund created pursuant to 32 V.S.A. chapter 7, subchapter 5 to be administered by the Secretary of Commerce and Community Development to aid applicants in the redevelopment of the Brownfield Cleanup Program by assessing and remediating sites. Monies received by the Secretary of Natural Resources for application and participation in the Program shall be deposited in the redevelopment of contaminated properties account of the Environmental Contingency Fund established in section 1283 of this title.

(b) The Fund shall comprise all the following;

(1) State or federal funds appropriated by the General Assembly;

(2) gifts, grants, or other contributions.

(c) A person may apply to the Secretary of Commerce and Community Development for financial assistance in the form of a grant or loan from the Brownfield Revitalization Fund for the purpose of completing characterization, assessment, or remediation of a site only after receipt of a work plan approved by the Secretary submitted pursuant to the Brownfield Property Cleanup Program unless the application is for a project that has been determined to be ineligible for the Program and is otherwise appropriate for funding pursuant to subsection (d) of this section.

(d) In order to determine an award of financial assistance, the Secretary of Commerce and Community Development in consultation with the Secretary of Natural Resources shall consider all the following:

(1) the extent to which the proposed project will facilitate the identification and reduction of threats to human health and the environment associated with exposure to hazardous materials, pollutants, or contaminants;

(2) the extent to which the proposed project will facilitate the use or reuse of existing infrastructure;

(3) the potential for the proposed project to stimulate economic development;

(4) the extent to which the proposed project will respond to local or regional housing needs;

(5) the level of participation by a local community relating to remediation and future use of the Brownfield site;

(6) the extent to which a grant or loan will meet the needs of a community that due to a small population or the low income of the community is unable to draw on other funding sources for environmental remediation and subsequent redevelopment of the area in which a Brownfield site is located;

(7) the extent to which a grant or loan will facilitate the creation or preservation of or an addition to a park, greenway, underdeveloped property, recreational property, or other property used for nonprofit purposes;

(8) the extent to which the grant or loan will create a more balanced geographic distribution of awards from the Brownfield Revitalization Fund.

(e) A grant may be awarded by the Secretary of Commerce and Community Development with the approval of the Secretary of Natural Resources, provided that:

(1) A grant may not exceed $50,000 for characterization and assessment of a site.

(2) A grant may not exceed $500,000 for remediation of a site.

(3) A grant may be used by an applicant to purchase environmental insurance relating to the performance of the characterization, assessment, or remediation of a Brownfield site in accordance with a corrective action plan approved by the Secretary of Natural Resources.

(4) Financial assistance may be provided to applicants by developing a risk sharing pool, an indemnity pool, or other insurance mechanism designed to help applicants.

(5) All reports generated by financial assistance from the Brownfield Revitalization Fund, including site assessments, site investigations, feasibility studies, corrective action plans, and completion reports, shall be provided as hard copies to the Secretaries of Commerce and Community Development and of Natural Resources.

(f) The Vermont Economic Development Authority, VEDA, is authorized to make loans on behalf of the State pursuant to this section. Annually, the Secretary of Commerce and Community Development with the approval of the Secretary of Natural Resources in consultation with the VEDA manager shall determine an amount from the Brownfield Revitalization Program that will be available to VEDA for loans. Proceeds from repayment of loans shall be deposited in the Brownfield Revitalization Fund and shall be available for future grants and loans under this section. Loans under this subsection shall be issued and administered by VEDA, provided:

(1) Loans may be awarded only to applicants who have been determined eligible by the Secretary of Commerce and Community Development with the approval of the Secretary of Natural Resources, and the Secretary of Commerce and Community Development has certified that the applicant and the project are eligible for financing or assistance under this section and the project has priority for an award of financial assistance.

(2) A loan to an applicant for characterization or assessment may not exceed $250,000.00. Remediation loans shall not be capped. All loans shall be subject to all the following conditions:

(A) Repayment of a loan shall commence no later than one year following completion of the project for which the loan was used.

(B) The rate of interest on loans shall be set by VEDA in consultation with the Secretary of Commerce and Community Development. The interest rate shall be sufficiently attractive to advance the purposes of this subchapter and may be less than the prevailing borrowing rates available to similarly situated applicants from private lenders, but not less than zero percent.

(C) Loans shall be made in accordance with the terms and conditions specified in a loan agreement executed by VEDA and the applicant. The loan agreement shall specify the terms and conditions of the loan and repayment and any other terms and conditions determined to be necessary by VEDA and the Secretaries of Natural Resources or of Commerce and Community Development.

(D) Disbursement of loan proceeds shall be based on certification by the loan recipient that costs for which reimbursement is requested have been incurred or paid by the recipient for activities under the approved plan. The loan recipient shall provide supporting evidence of payment on request of VEDA. Interim financing charges or short-term interest costs may constitute an allowable cost of a project for which a loan may be used.

(E) In the event of default, any amounts owed on the loan shall be considered a debt for the purposes of 32 V.S.A. § 5932(4). VEDA may recover this debt pursuant to the set-off debt collection remedy established pursuant to 32 V.S.A. §§ 5833 and 5934.

(F) The applicant has certified that all State and federal permits and licenses necessary to undertake the project for which financing is being sought have been or will be obtained prior to disbursement of loan funds by VEDA.

(G) The Secretary of Commerce and Community Development has certified to VEDA that the applicant and the project are eligible for financing or assistance under this section, and the project has priority for financial assistance.

(3) The Secretary of Commerce and Community Development in consultation with the Secretary of Natural Resources shall maintain a prioritized list of projects that are eligible for financial assistance under this section at least annually. In order to prioritize, the Secretary of Commerce and Community Development shall consider at a minimum, the criteria set forth in subsection (d) of this section and the following:

(A) the severity of any health or environmental hazard to be remediated;

(B) the population to be served; and

(C) the readiness of the project to proceed to the next planning or construction step.

(4) Neither the State nor VEDA shall be responsible for owning or operating a project or for completing a corrective action plan if a grant or loan recipient defaults on a loan obligation, abandons the project site, or fails to complete a corrective action plan to the satisfaction of the Secretary.

(5) The Secretary of Commerce and Community Development or the Secretary of Natural Resources and VEDA may enter into agreements on behalf of the State with federal agencies in order to obtain grants and awards to further the purposes of the Brownfield Revitalization Fund, provided that any grant or award has been approved in compliance with 32 V.S.A. § 5.

(6) [Repealed.]

(Added 2007, No. 147 (Adj. Sess.), § 7; amended 2009, No. 67 (Adj. Sess.), § 96; 2009, No. 161 (Adj. Sess.), § 31, eff. June 4, 2010; 2023, No. 78, § F.6, eff. July 1, 2023.)

§ 6655 State Plan for Brownfield Reclamation

The Agency of Natural Resources and the Agency of Commerce and Community Development shall jointly develop a State Plan for Brownfield Reclamation that includes both of the following:

(1) an inventory and assessment of potential sites prioritized by the ease of reducing the threat to public health, the availability of development opportunities, and the highest expected return on public investment;

(2) methods and strategies for coordinating remediation with eventual usage of the sites, reclamation of high priority projects, financing projects with various public and private funding, and assuring consistent investment by the State for a minimum of 10 years in order to return as many properties as possible to recreation, parks, green space, housing, and commercial uses.

(Added 2007, No. 147 (Adj. Sess.), § 7.)

§ 6656 Repealed

[Repealed]

2007, No. 147 (Adj. Sess.), § 10, eff. January 1, 2011.

Subchapter 4 Paint Product Stewardship Program

§ 6671 Purpose

The purpose of this subchapter is to establish an environmentally sound, cost-effective Paint Product Stewardship Program in the State that will undertake responsibility for the development and implementation of strategies to reduce the generation of postconsumer paint; promote the reuse of postconsumer paint; and collect, transport, and process postconsumer paint, including reuse, recycling, energy recovery, and disposal. The Paint Product Stewardship Program will follow the waste management hierarchy for managing and reducing postconsumer paint in the order as follows: reduce consumer generation of postconsumer paint, reuse, recycle, provide for energy recovery, and dispose. The Paint Product Stewardship Program will provide more opportunities for consumers to manage properly their postconsumer paint, provide fiscal relief for local government in managing postconsumer paint, keep paint out of the waste stream, and conserve natural resources.

(Added 2013, No. 58, § 1, eff. June 3, 2013; amended 2025, No. 59, § 14, eff. June 11, 2025.)

§ 6672 Definitions

As used in this subchapter:

(1) “Aerosol coating product” means a pressurized coating product containing pigments or resins dispensed by means of a propellant and packaged and sold in a disposable aerosol container for handheld application, or for use in specialized equipment for ground traffic or marking applications.

(2) “Architectural paint” means interior and exterior architectural coatings, including interior or exterior water- and oil-based coatings, primers, sealers, or wood coatings, that are sold in containers of five gallons or less. “Architectural paint” does not mean industrial coatings, original equipment coatings, or specialty coatings.

(3) “Coating-related product” means a product used as a paint additive, paint thinner, paint colorant, paint remover, surface sealant, surface preparation, or surface adhesive, and sold for home improvement. “Coating-related product” does not mean original equipment manufacturer products or industrial products.

(4) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell paint to retailers in Vermont.

(5) “Energy recovery” means recovery in which all or a part of the solid waste materials are processed in order to use the heat content or other forms of energy of or from the material.

(6) “Environmentally sound management practices” means policies to be implemented by a producer or a stewardship organization to ensure compliance with all applicable laws and also addressing such issues as adequate record keeping, tracking and documenting the fate of materials within the State and beyond, and adequate environmental liability coverage for professional services and for the operations of the contractors working on behalf of the producer organization.

(7) “Municipality” means a city, town, or a village.

(8) “Nonindustrial coating” means arts and crafts paint, automotive refinish paint, driveway sealer, faux finish or glaze, furniture oil, furniture paint, lime wash, lime paint, marine paint, antifouling paint, road and traffic marking paint, two-component paint, wood preservative, fire retardant paint, dry fog paint, chalkboard paint, and conductive paint, sold in containers of five gallons or less for commercial and homeowner use, but does not include coatings purchased for industrial or original equipment manufacturer use.

(9)(A) “Paint product” includes:

(i) architectural paint;

(ii) aerosol coating products;

(iii) coating-related products; and

(iv) nonindustrial coatings.

(B) “Paint product” does not include a health and beauty product.

(10) “Postconsumer paint” means a paint product and its containers not used and no longer wanted by a purchaser.

(11) “Producer” means a manufacturer of paint products who sells, offers for sale, or distributes that paint in Vermont under the producer’s own name or brand.

(12) “Recycling” means any process by which discarded products, components, and byproducts are transformed into new usable or marketable materials in a manner in which the original products may lose their identity but does not include energy recovery or energy generation by means of combusting discarded products, components, and byproducts with or without other waste products.

(13) “Retailer” means any person that offers a paint product for sale at retail in Vermont.

(14) “Reuse” means the return of a product into the economic stream for use in the same kind of application as originally intended, without a change in the product’s identity.

(15) “Secretary” means the Secretary of Natural Resources.

(16) “Sell” or “sale” means any transfer of title for consideration, including remote sales conducted through sales outlets, catalogues, or the internet or any other similar electronic means.

(17) “Stewardship organization” means a nonprofit corporation or nonprofit organization created by a producer or group of producers to implement the Paint Product Stewardship Program required under this subchapter.

(Added 2013, No. 58, § 1, eff. June 3, 2013; amended 2025, No. 59, § 14, eff. June 11, 2025.)

§ 6673 Paint Product Stewardship Program

(a) A producer or a stewardship organization representing producers shall submit an amended plan for the establishment of a Paint Product Stewardship Program to the Secretary for approval. The plan shall address the following:

(1) Provide a list of participating producers and brands covered by the Program.

(2) Provide specific information on the paint products covered under the Program, such as interior or exterior water- and oil-based coatings, primers, sealers, or wood coatings.

(3) Describe how the Program proposed under the plan will collect, transport, recycle, and process postconsumer paint products for end-of-life management, including recycling, energy recovery, and disposal, using environmentally sound management practices.

(4) Describe the Program and how it will provide for convenient and available statewide collection of postconsumer paint products in urban and rural areas of the State. The producer or stewardship organization shall use the existing household hazardous waste collection infrastructure when selecting collection points for postconsumer paint products. A paint retailer shall be authorized as a paint collection point of postconsumer architectural paint for a Paint Product Stewardship Program if the paint retailer volunteers to act as a collection point and complies with all applicable laws, rules, and regulations.

(5) Provide geographic information modeling to determine the number and distribution of sites for collection of postconsumer architectural paint based on the following criteria:

(A) at least 90 percent of Vermont residents shall have a permanent collection site within a 15-mile radius; and

(B) one additional permanent site will be established for every 10,000 residents of a municipality and additional sites shall be distributed to provide convenient and reasonably equitable access for residents within each municipality, unless otherwise approved by the Secretary.

(6) Establish goals to reduce the generation of postconsumer paint products, to promote the reuse of postconsumer paint products, and for the proper management of postconsumer paint products as practical based on current household hazardous waste program information. The goals may be revised by the producer or stewardship organization based on the information collected for the annual report.

(7) Describe how postconsumer paint products will be managed in the most environmentally and economically sound manner, including following the waste-management hierarchy. The management of paint under the Program shall use management activities that promote source reduction, reuse, recycling, energy recovery, and disposal.

(8) Describe education and outreach efforts to inform consumers of collection opportunities for postconsumer paint products and to promote the source reduction and recycling of paint products for each of the following: consumers, contractors, and retailers.

(b) The producer or stewardship organization shall submit a budget for the Program proposed under subsection (a) of this section, and for any amendment to the plan that would affect the Program’s costs. The budget shall include a funding mechanism under which each paint product producer remits to a stewardship organization payment of a paint product stewardship assessment for each product it sells in this State. Prior to submitting the proposed budget and assessment to the Secretary, the producer or stewardship organization shall provide the budget and assessment to a third-party auditor agreed upon by the Secretary. The third-party auditor shall provide a recommendation as to whether the proposed budget and assessment is cost-effective, reasonable, and limited to covering the cost of the Program. The paint product stewardship assessment shall be added to the cost of all paint products sold in Vermont. To ensure that the funding mechanism is equitable and sustainable, a uniform paint product stewardship assessment shall be established for all paint products sold. The paint stewardship assessment shall be the amount established in section 6681 of this title.

(c) Six months after approval of the plan for a Paint Product Stewardship Program required under subsection (a) of this section, a producer of paint products sold at retail or a stewardship organization of which a producer is a member shall implement the approved plan for a Paint Product Stewardship Program.

(d) A producer or a stewardship organization of which a producer is a member shall promote a Paint Product Stewardship Program and provide consumers with educational and informational materials describing collection opportunities for postconsumer paint products statewide and promotion of waste prevention, reuse, and recycling. The educational and informational program shall make consumers aware that the funding for the operation of the Paint Product Stewardship Program has been added to the purchase price of all paint products sold in the State.

(e) A plan approved under this section shall provide for collection of postconsumer paint at no cost to the person from whom the paint product is collected. The program plan also shall provide for the payment of municipalities for collection, processing, and end-of-life management of aerosol coating products, coating-related products, and nonindustrial coatings contained in the receptacle in which the product is offered for retail sale. Collection costs include facility costs, equipment costs, labor, supplies, maintenance, events costs, and event contractor costs, including collection event set-up fees, environmental service fees, insurance fees, and shipping containers and materials.

(f) When a plan or amendment to an approved plan is submitted under this section, the Secretary shall make the proposed plan or amendment available for public review and comment for at least 30 days.

(g) A producer or paint stewardship organization shall submit to the Secretary for review, in the same manner as required under subsection 6675(a) of this title, an amendment to an approved plan when there is:

(1) an addition to or removal of a category of products covered under the Program; or

(2) a revision of the product stewardship organization’s goals.

(h) A plan approved by the Secretary under section 6675 of this title shall have a term not to exceed five years, provided that the producer remains in compliance with the requirements of this chapter and the terms of the approved plan.

(i) In addition to the requirements specified in subsection (a) of this section, a stewardship organization shall notify the Secretary in writing within 30 days after any change to:

(1) the number of collection sites for postconsumer paint products identified under this section as part of the plan;

(2) the producers identified under this section as part of the plan;

(3) the brands of paint products identified under this section as part of the plan; and

(4) the processors that manage postconsumer paint products identified under this section as part of the plan.

(j) Upon submission of a plan to the Secretary under this section, a producer or a stewardship organization shall pay the fee required by 3 V.S.A. § 2822(j)(31). Thereafter, the producer or stewardship organization shall pay the fee required by 3 V.S.A. § 2822(j)(31) annually on or before July 1 of each year.

(Added 2013, No. 58, § 1, eff. June 3, 2013; amended 2019, No. 131 (Adj. Sess.), § 38; 2025, No. 59, § 14, eff. June 11, 2025.)

§ 6674 Retailer responsibility

(a) A producer or retailer may not sell or offer for sale a paint product to any person in Vermont unless the producer or a stewardship program that the producer is a member of is implementing an approved plan for a Paint Product Stewardship Program as required by section 6673 of this title. A retailer complies with the requirements of this section if, on the date the paint product was ordered from the producer or its agent, the producer or paint brand is listed on the Agency of Natural Resources’ website as a producer or brand participating in an approved plan for a Paint Product Stewardship Program.

(b) At the time of sale to a consumer, a producer, a stewardship organization, or a retailer selling or offering paint products for sale shall provide the consumer with information regarding available management options for postconsumer paint products collected through the Paint Product Stewardship Program or a brand of paint being sold under the Program.

(Added 2013, No. 58, § 1, eff. June 3, 2013; amended 2025, No. 59, § 14, eff. June 11, 2025.)

§ 6675 Agency responsibility

(a)(1) Within 90 days after receipt of a plan submitted under section 6673 of this title, the Secretary shall review the plan and make a determination whether or not to approve the plan. The Secretary shall issue a letter of approval for a submitted plan if:

(A) the submitted plan provides for the establishment of a Paint Product Stewardship Program that meets the requirements of subsection 6673(a) of this subchapter; and

(B) the Secretary determines that the plan:

(i) achieves convenient collection for consumers;

(ii) educates the public on proper paint product management; and

(iii) manages waste paint products in a manner that is environmentally safe and promotes reuse and recycling.

(2) If the Secretary does not approve a submitted plan, the Secretary shall issue to the paint product stewardship organization a letter listing the reasons for the disapproval of the plan. If the Secretary disapproves a plan, a paint product stewardship organization intending to sell or continue to sell paint products in the State shall submit a new plan within 60 days after receipt of the letter of disapproval.

(b) Facilities solely collecting paint products for the Paint Product Stewardship Program that would not otherwise be subject to solid waste certification requirements shall not be required to obtain a solid waste certification. Persons solely transporting paint for the Paint Product Stewardship Program that would not otherwise be subject to solid waste hauler permitting requirements shall not be required to obtain a solid waste hauler’s permit.

(Added 2013, No. 58, § 1, eff. June 3, 2013; amended 2025, No. 59, § 14, eff. June 11, 2025.)

§ 6676 Anticompetitive conduct

(a) A producer or an organization of producers that manages postconsumer paint products, including collection, transport, recycling, and processing of postconsumer paint products, as required by this subchapter may engage in anticompetitive conduct to the extent necessary to implement the plan approved by the Secretary and is immune from liability for the conduct relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.

(b) The activity authorized and the immunity afforded under subsection (a) of this section shall not apply to any agreement among producers or paint product stewardship organizations:

(1) establishing or affecting the price of paint products;

(2) setting or limiting the output or production of paint products;

(3) setting or limiting the volume of paint products sold in a geographic area;

(4) restricting the geographic area where paint products will be sold; or

(5) restricting the customers to whom paint products will be sold or the volume of paint products that will be sold.

(Added 2013, No. 58, § 1, eff. June 3, 2013; amended 2025, No. 59, § 14, eff. June 11, 2025.)

§ 6677 Producer reporting requirements

Annually, a producer or a stewardship program of which the producer is a member shall submit to the Secretary a report describing the Paint Product Stewardship Program that the producer or Stewardship Program is implementing as required by section 6673 of this title. At a minimum, the report shall include:

(1) a description of the methods the producer or Stewardship Program used to reduce, reuse, collect, transport, recycle, and process postconsumer paint products statewide in Vermont;

(2) the volume and type of postconsumer paint products collected by the producer or Stewardship Program at each collection center in all regions of Vermont;

(3) the volume of postconsumer paint products collected by the producer or Stewardship Program in Vermont by method of disposition, including reuse, recycling, energy recovery, and disposal;

(4) an independent financial audit of the Paint Product Stewardship Program implemented by the producer or the Stewardship Program;

(5) the prior year’s actual direct and indirect costs for each Program element and the administrative and overhead costs of administering the approved Program; and

(6) samples of the educational materials that the producer or stewardship program provided to consumers of architectural paint.

(Added 2013, No. 58, § 1, eff. June 3, 2013; amended 2025, No. 59, § 14, eff. June 11, 2025.)

§ 6678 Confidential business information

Data reported to the Secretary by a producer or stewardship organization under this subchapter shall be a trade secret exempt from public inspection and copying under 1 V.S.A. § 317(c)(9), provided that the Secretary may use and disclose such information in summary or aggregated form that does not directly or indirectly identify individual producers, distributors, or retailers. The Secretary may require, as a part of the report submitted under section 6677 of this title, that the manufacturer or stewardship organization provide a report that does not contain trade secret information and is available for public inspection and review.

(Added 2013, No. 58, § 1, eff. June 3, 2013.)

§ 6679 Rulemaking; procedure

The Secretary may adopt rules or procedures to implement the requirements of this subchapter.

(Added 2013, No. 58, § 1, eff. June 3, 2013.)

§ 6680 Universal waste designation for postconsumer paint

(a) The requirements of Subchapter 9 of the Vermont Hazardous Waste Management Rules, which allow certain categories of hazardous waste to be managed as universal waste, shall apply to postconsumer paint products until the postconsumer paint is discarded, provided that:

(1) the postconsumer paint product is collected as a part of a stewardship plan approved under this subchapter; and

(2) the collected postconsumer paint product is or includes a paint product that is a hazardous waste as defined and regulated by the Vermont Hazardous Waste Management Rules.

(b) When postconsumer paint product is regulated as universal waste under subsection (a) of this section, small and large quantity handlers of the postconsumer paint shall manage the postconsumer paint products in a manner that prevents releases of any universal waste or component of the universal waste to the environment. Postconsumer paint products regulated as universal waste shall, at a minimum, be contained in one or more of the following:

(1) a container that remains closed, structurally sound, and compatible with the postconsumer paint products and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; or

(2) a container that does not meet the requirements of subdivision (1) of this subsection, provided that the unacceptable container is overpacked in a container that meets the requirements of subdivision (1).

(c) Containers holding postconsumer paint products that are regulated as universal waste shall be clearly labeled to clearly identify the contents of the container, such as “Paint-Related Waste,” “Universal Waste Paint,” “Used Paint,” or “Waste Paint.”

(d) Unless otherwise provided by statute, the definitions of the Vermont Hazardous Waste Management Rules shall apply to this section.

(Added 2013, No. 58, § 1, eff. June 3, 2013; amended 2025, No. 59, § 14, eff. June 11, 2025.)

§ 6681 Paint consumer fees

(a) The paint product stewardship assessment shall be sufficient to implement and sustain the Paint Product Stewardship Program. If at any time the stewardship assessments established in this section are not sufficient to implement and sustain the Paint Product Stewardship Program, the Paint Product Stewardship Program shall propose new stewardship assessments that are sufficient to implement and sustain the Program.

(b) A retailer shall charge an assessment on paint products, based on current material management costs of the Paint Product Stewardship Program, in the following amounts for architectural paint:

(1) Half pint or smaller: No fee.

(2) Greater than a half pint to one gallon: $0.65.

(3) Greater than one gallon to two gallons: $1.35.

(4) Greater than two gallons to five gallons: $2.45.

(Added 2025, No. 59, § 14, eff. June 11, 2025.)

Subchapter 5 Single-Use Carryout Bags

§ 6691 Definitions

As used in this subchapter:

(1) “Agency” means the Agency of Natural Resources.

(2) “Carryout bag” means a bag provided by a store or food service establishment to a customer at the point of sale for the purpose of transporting groceries or retail goods, except that a “carryout bag” shall not mean:

(A) a bag made of paper when the paper has a basis weight of 30 pounds or less;

(B) a bag provided by a pharmacy to a customer purchasing a prescription medication;

(C) a bag used by customers inside a store to:

(i) package loose items, such as fruits, vegetables, nuts, coffee, grains, bakery goods, candy, greeting cards, or small hardware items;

(ii) contain or wrap frozen foods, meat, or fish; or

(iii) contain or wrap flowers;

(D) a laundry, dry cleaning, or garment bag, including bags provided by a store to protect large garments, such as suits, jackets, or dresses.

(3) “Expanded polystyrene” means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including: fusion of polymer spheres, known as expandable bead 20 polystyrene; injection molding; foam molding; and extrusion-blow molding, also known as extruded foam polystyrene.

(4)(A) “Expanded polystyrene food service product” means a product made of expanded polystyrene that is:

(i) used for selling or providing food or beverages to be used once for eating or drinking; or

(ii) generally recognized by the public as an item to be discarded after one use.

(B) “Expanded polystyrene food service product” shall include:

(i) food containers;

(ii) plates;

(iii) hot and cold beverage cups;

(iv) trays; and

(v) cartons for eggs or other food.

(C) “Expanded polystyrene food service product” shall not include:

(i) food or beverages that have been packaged in expanded polystyrene outside the State before receipt by a food service establishment or store;

(ii) a product made of expanded polystyrene that is used to package raw, uncooked, or butchered meat, fish, poultry, or seafood; or

(iii) nonfoam polystyrene food service products.

(5) “Food service establishment” has the same meaning as in 18 V.S.A. § 4301.

(6) “Plastic” means a synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during their life cycle and after disposal, including material derived from either petroleum or a biologically based polymer, such as corn or other plant sources.

(7) “Point of sale” means a check-out stand, cash register, or other point of departure from a store or food service establishment, including the location where remotely ordered food or products are delivered to a purchaser.

(8) “Recyclable paper carryout bag” means a carryout bag that is made of paper and that is recyclable.

(9) “Reusable carryout bag” means a carryout bag that is designed and manufactured for multiple uses and is:

(A) made of cloth or other machine-washable fabric that has stitched handles; or

(B) a polypropylene bag that has stitched handles.

(10) “Secretary” means the Secretary of Natural Resources.

(11) “Single-use plastic carryout bag” means a carryout bag that is:

(A) made of plastic;

(B) a single-use product; and

(C) not a reusable carryout bag.

(12) “Single-use plastic stirrer” means a device that is:

(A) used to mix beverages;

(B) made predominantly of plastic; and

(C) a single-use product.

(13) “Single-use plastic straw” means a tube made of plastic that is:

(A) used to transfer liquid from a container to the mouth of a person drinking the liquid; and

(B) is a single-use product.

(14) “Single-use product” or “single use” means a product that is generally recognized by the public as an item to be discarded after one use.

(15) “Store” means a grocery store, supermarket, convenience store, liquor store, drycleaner, pharmacy, drug store, or other retail establishment that provides carryout bags to its customers.

(Added 2019, No. 69, § 2, eff. July 1, 2020.)

§ 6692 Single-use plastic carryout bags; prohibition

A store or food service establishment shall not provide a single-use plastic carryout bag to a customer.

(Added 2019, No. 69, § 2, eff. July 1, 2020.)

§ 6693 Recyclable paper carryout bag

(a) A store or food service establishment may provide a consumer a recyclable paper carryout bag at the point of sale if the bag is provided to the consumer for a charge of not less than $0.10 per bag.

(b) All monies collected by a store or food service establishment under this section for provision of a recyclable paper carryout bag shall be retained by the store or food service establishment.

(Added 2019, No. 69, § 2, eff. July 1, 2020.)

§ 6694 Single-use plastic straws

(a) A food service establishment shall not provide a single-use plastic straw to a customer, except that a food service establishment may provide a straw to a person upon request.

(b) The prohibition on sale or provision of a single-use plastic straw under subsection (a) of this section shall not apply to:

(1) a hospital licensed under 18 V.S.A. chapter 43;

(2) a nursing home, residential care home, assisted living residence, home for the terminally ill, or therapeutic community, as those terms are defined in 33 V.S.A. chapter 71; or

(3) an independent living facility as that term is defined in 32 V.S.A. chapter 225.

(c) This section shall not alter the requirements of 9 V.S.A. chapter 139 regarding the provision of services by a place of public accommodation.

(Added 2019, No. 69, § 2, eff. July 1, 2020.)

§ 6695 Single-use plastic stirrers

A food service establishment shall not provide a single-use plastic stirrer to a customer.

(Added 2019, No. 69, § 2, eff. July 1, 2020.)

§ 6696 Expanded polystyrene food service products

(a) A person shall not sell or offer for sale in the State an expanded polystyrene food service product.

(b) A store or food service establishment shall not sell or provide food or beverages in an expanded polystyrene food service product.

(c) This section shall not prohibit a person from storing or packaging a food or beverage in an expanded polystyrene food service product for distribution out of State.

(Added 2019, No. 69, § 2, eff. July 1, 2020.)

§ 6697 Civil penalties; warning

(a) A person, store, or food service establishment that violates the requirements of this subchapter shall be fined in accordance with chapter 201 of this title.

(b) For the purposes of enforcement under this subchapter, an offense shall be each day a person, store, or food service establishment is violating a requirement of this subchapter.

(Added 2019, No. 69, § 2, eff. July 1, 2020; amended 2023, No. 79, § 12, eff. July 1, 2023.)

§ 6698 Inventory exception

A store or food service establishment shall not violate a prohibition under this subchapter regarding the provision of a carryout bag, single-use plastic straw, single-use stirrer, or expanded polystyrene food service product if the store or food service establishment:

(1) purchased the carryout bag, single-use plastic straw, single-use stirrer, or expanded polystyrene food service product prior to May 15, 2019; and

(2) provides the carryout bag, single-use plastic straw, single-use stirrer, or expanded polystyrene food service product to a consumer on or before July 1, 2021.

(Added 2019, No. 69, § 2, eff. July 1, 2020.)

§ 6699 Application to municipal bylaws, ordinances, or charters; preemption

(a) The General Assembly finds that the requirements of this subchapter are of statewide interest and, beginning on July 1, 2020, shall be applied uniformly in the State and shall occupy the entire field of regulation of single-use plastic carryout bags; single-use, recyclable paper carryout bags; single-use plastic straws; single-use plastic stirrers; and expanded polystyrene food service products.

(b) A municipal ordinance, bylaw, or charter adopted or enacted before July 1, 2020 that regulates or addresses the use, sale, or provision of single-use plastic carryout bags, single-use recyclable paper carryout bags, single-use plastic straws, single-use plastic stirrers, or expanded polystyrene food service products is preempted by the requirements of this subchapter, and a municipality shall not enforce or otherwise implement the ordinance, bylaw, or charter.

(Added 2019, No. 69, § 2, eff. July 1, 2020.)

§ 6700 Rulemaking

The Secretary may adopt rules to implement the requirements of this subchapter.

(Added 2019, No. 69, § 2, eff. July 1, 2020.)

Chapter 161 Disposal of Low-Level Radioactive Waste

§ 7000 Implementation of the provisions of this chapter

(a) There shall be no further implementation of the provisions of this chapter unless authorized by an act of the General Assembly. Any such act authorizing further implementation of this chapter shall include provisions that establish or designate an entity to accomplish the functions previously assigned, under this chapter, to the Low-Level Radioactive Waste Authority.

(b) The Low-Level Radioactive Waste Fund created under subsection 7013(a) of this title shall be terminated after funds are transferred in accordance with subdivision 7067(b)(4) of this title.

(Added 1993, No. 137 (Adj. Sess.), § 5.)

§ 7001 Definitions

As used in this chapter:

(1) “Adequate financial assurance requirements” mean a requirement, or combination of requirements, for the Authority and for generators of low-level radioactive waste to have financial responsibility instruments or arrangements that, considering the Fund established by section 7013 of this chapter and all other relevant information, are sufficient to ensure, to a high probability, that the Authority will be financially able to carry out its responsibilities under this chapter.

(2) “Agency” means the Agency of Natural Resources.

(3) “Authority” means the Vermont Low-Level Radioactive Waste Authority.

(4) “Closure” includes post-closure observation and maintenance.

(5) “Construction costs” mean pre-operational capital costs, site acquisition costs, and any permit and license fees for the facility authorized by this chapter.

(6) “Expected low-level radioactive waste” means the low-level radioactive waste from the normal operation of the Vermont Yankee facility, during its licensed operating life, including decommissioning waste, and from the normal operations of the currently licensed low-level radioactive waste generators in Vermont through the expected date for completing the decommissioning of Vermont Yankee, plus a small emergency contingency reserve.

(7) “Low-level radioactive waste” means radioactive material that is not high-level radioactive waste, spent nuclear fuel, transuranic waste, or byproduct material, as defined in 42 U.S.C. § 2014(e)(2), which the U.S. Atomic Energy Act of 1954, section 11(e)(2), and that material the U.S. Nuclear Regulatory Commission, consistent with existing law, classifies as low-level radioactive waste.

(8) “NRC” means the Nuclear Regulatory Commission or any successor agency.

(9) “Person” means an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, or other legal entity, or any legal successor to or representative, or agent.

(10) “Public comment” means ample opportunities for public input, including at least prior availability of a draft decision, policy, or rule, two public hearings in different areas of the State, warned at least twice with a first warning not less than 30 days prior to the hearing by notice to daily media outlets in the area and statewide, and preparation and distribution of a response summary to all comments received.

(11) “Shallow land burial” means the burial of waste within an unlined subsurface trench without additional engineered structures or enhancements designed to minimize migration of radionuclides.

(12) “Siting plan” means a plan which reflects the standards, procedures and timetables of this chapter and meets the requirements for a siting plan of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (Public Law 99-240) (42 U.S.C. § 2021b et seq.).

(13) “Yankee site” means a site for a low-level radioactive waste disposal facility on land presently owned by and contiguous to the Vermont Yankee nuclear generating facility.

(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

§ 7002 Timetable and responsibilities

(a) The following timetable and responsibilities shall be adhered to:

(1) Within 60 days of June 29, 1990, the Governor shall appoint the initial members of the Authority.

(2) As soon as practicable, the Authority shall, after public comment, initiate a study to determine the maximum appropriate separation of long-lived waste, the appropriate level of recoverability of such waste, and the appropriate permanent disposal technology and cost for that waste.

(3) As soon as practicable, the Authority shall initiate the site characterization of the Yankee site.

(4) As soon as practicable, the Authority shall begin collecting data for the screening of the Town of Vernon and of the rest of the State in order to identify potential alternative sites for a disposal facility.

(5) Within 270 days of June 29, 1990, the Agency shall, after public comment, adopt rules establishing the siting, screening, and certification requirements under sections 7021 and 7022 of this title.

(6) On or before November 1, 1991, the Authority shall:

(A) complete the characterization of the Yankee site;

(B) after public comment, select at least three potential alternate sites, including one in the Town of Vernon.

(7) Within 60 days of the submission by the Authority of a request for certification of a potential alternative site, the Agency shall decide if the site meets the applicable siting requirements.

(8) As soon as practicable, the Authority shall, after public comment, decide whether to characterize a certified site other than the Yankee site or to complete the requirements of subsection 7012(f) of this title for the Yankee site. Then, if the Yankee site has been certified by the Agency as meeting the siting requirements and if the requirements of subsection 7012(f) have been completed, the Authority may decide whether to prepare a draft license application for a disposal facility at the Yankee site.

(9) On or before December 15, 1991, the Authority must decide either to characterize an alternative site or to prepare a draft license application for a facility at a previously characterized site. Then, initially before January 15, 1992, and subsequently within 30 days of any similar decision, the Authority must petition the General Assembly under chapter 157 of this title for approval of its decision.

(10) If the General Assembly approves a petition to characterize an alternate site or sites or if it directs the characterization of an alternate site or sites, then the Authority must begin characterization and, within 18 months of the legislative decisions, the Authority must complete characterization. Following the completion of characterization, the Authority must again decide whether to characterize another certified site or sites or to complete the requirements of subsection 7012(f) for the characterized site. Then, if the requirements of subsection 7012(f) have been completed, the Authority may decide whether to prepare a draft license application for a disposal facility at a characterized site.

(11) If the General Assembly approves a petition to prepare a draft license application or directs the preparation of a draft license for a disposal facility at a particular characterized site, the Authority shall, within six months of the legislative action or the effective date of the rules required by sections 7023 and 7024 of this title, whichever is later, after public comment, submit a draft license application to the Agency for review.

(12) Within 18 months of June 29, 1990, based on the results of the study required in subdivision (2) of this subsection and after public comment, the Authority shall:

(A) make recommendations to the Agency for rules on separation and recoverability of long-lived waste;

(B) make recommendations to the Agency for rules on the disposal facility design standards; and

(C) make an initial report to the General Assembly and to the Public Service Board on the possible appropriate technologies, and their costs, for the permanent disposal of the long-lived waste.

(13) Within six months of receiving the Authority’s recommendations and after public comment, the Agency shall adopt the separation, recoverability, and design standards under section 7023 of this title and the draft license application standards and review procedures under section 7024 of this title.

(14) By July 1, 1992 after public comment, the Authority shall petition the Public Service Board for approval of a service fee under subsections 7013(e) and 7020(b) of this chapter and shall propose adequate financial assurance requirements as part of the same proceeding.

(15) Within six months of receiving the draft license application, the Agency must complete its review.

(16) Not later than 30 days after completion of the review of the draft license application by the Agency, the Authority shall apply to the U.S. Nuclear Regulatory Commission for a license to construct and operate a disposal facility in the State.

(17) Not later than 30 days after completion of the review of the draft license application by the Agency, the Authority shall apply for a land use permit under chapter 151 of this title.

(18) Within 180 days of obtaining a license and a land use permit, the Authority shall begin construction of the disposal facility.

(19) As soon as practicable, the Authority shall begin operation of the disposal facility.

(20) Within 120 days of the completion of decommissioning of the Vermont Yankee nuclear generating facility, the Authority shall begin closure of the disposal facility.

(b) Subdivisions (a)(3) and (a)(6) through (a)(20) of this section may be, but need not be, complied with if, at the time the action is required, the State has entered into a compact or agreement adequately providing for the out-of-state disposal of the expected low-level radioactive wastes.

(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990; amended 2009, No. 33, § 31; 2019, No. 131 (Adj. Sess.), § 39.)

§§ 7003-7009 [Reserved for future use.]

§ 7010 Repealed

[Repealed]

1993, No. 137 (Adj. Sess.), § 4(a), eff. April 21, 1994.

§ 7011 Powers of the Authority

In addition to any powers conferred or implied elsewhere by this chapter:

(1) The members may meet as often as necessary to carry out the responsibilities of the Authority. Meetings shall be held at the call of the Chair or on written request to the Chair by two members. The Authority shall keep complete minutes of all its meetings and other proceedings and shall preserve its records of all kinds.

(2) As soon as practical after appointment, and at appropriate intervals thereafter, the Authority shall hold public hearings in various locations throughout the State to obtain the reaction of the general public to the way the Authority proposes to carry out its responsibilities.

(3) The Authority may appoint a Director to be the Chief Administrative Officer of the Authority. In addition to any other duties authorized by the Authority, the Director may:

(A) hire and supervise staff and negotiate and execute contracts as authorized by the authority and as necessary to fulfill its responsibilities;

(B) attend meetings of the Authority;

(C) ensure that the minutes and records of the Authority are properly maintained and preserved;

(D) approve all accounts of the Authority, including accounts for salaries, per diems, and allowable expenses of any employee or consultant thereof, and expenses incidental to the operation of the Authority;

(E) prepare an annual report of the actions of the Authority and prepare such other reports as the Authority may request; and

(F) perform such other duties as may be directed by the Authority in the carrying out of the purposes of this chapter.

(4) The Authority may:

(A) adopt and amend bylaws necessary to properly carry out this chapter;

(B) do all things necessary, convenient, or desirable to carry out the purposes of this chapter or the responsibilities imposed or necessarily implied in this chapter;

(C) acquire, construct, reconstruct, purchase, hold, maintain, repair, operate, lease as lessor or lessee, dispose of, and use any real or personal property or any interest in real or personal property necessary, convenient, or desirable to carry out the purpose of this chapter and to sell, transfer, and dispose of any property or interest in real or personal property at any time required by it in the exercise of its powers;

(D) prepare a siting plan for obtaining compliance with the federal Low-Level Radioactive Waste Policy Act;

(E) apply for, accept, receive, and administer gifts, grants, and other funds available from any source;

(F) enter into contracts and agreements with the federal government and its agencies, interstate agencies, local governmental entities, or private entities, as necessary, convenient, or desirable for the authority in the performance of its duties and the execution or carrying out of any of its powers under this chapter;

(G) make, conduct, request, and participate in studies, plans, surveys, investigations, and research relating to selection, preparation, construction, operation, maintenance, closure, and financing of a disposal facility;

(H) obtain necessary insurance;

(I) enforce all contracts and agreements as necessary, convenient, or desirable for the authority;

(J) distribute appropriate impact fees;

(K) set and collect the service fees, and otherwise administer the low-level radioactive waste, as required by section 7013 of this title;

(L) ensure that all waste is properly packaged before being placed in the disposal facility; and

(M) the Authority may refuse to accept at facilities established pursuant to this chapter any low-level radioactive waste from a generator who has failed to follow the reporting requirements established by the Agency under subsection 7020(a) of this title.

(5) The Authority may not prepare a draft license application for any site nor initiate characterization of any site other than the Vermont Yankee site, without legislative approval.

(6) The Authority may acquire real property, or any interest in it (including the right to perform site characterization or other investigatory activities) by eminent domain in accordance with the procedures of 24 V.S.A. §§ 3604 through 3610, except that:

(A) “Necessity” shall mean only a reasonable need that considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner; it shall not be measured merely by expense or convenience to the condemning party, but shall, nevertheless, consider the importance of carrying out the purposes of this chapter.

(B) When the right to do a site characterization or other investigatory activity is sought, the “survey” required by those sections need only be a legal description of the property plus a statement of the activities to be conducted.

(C) Nothing contained in those sections shall be construed to prevent the Authority from bringing any proceeding to remove a cloud on title or from acquiring any property by negotiation or purchase.

(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990; amended 2019, No. 131 (Adj. Sess.), § 40.)

§ 7012 Responsibilities of the Authority

(a) The Authority, while informing and consulting the public throughout, shall carry out the actions necessary to fulfill the requirements of the timetable in section 7002 of this chapter.

(b) The Authority must comply with the rules adopted by the Agency and with any fee approval conditions of the Public Utility Commission under sections 7020 through 7024 of this title, even if they impose requirements more stringent than federal requirements, and the Authority must obtain all applicable State and local permits for the disposal facility authorized by this chapter, except that the facility is not subject to certification under section 6605 of this title.

(c) If a low-level radioactive waste disposal facility is constructed by the Authority, the Authority shall provide for the operation, maintenance, and closure of the facility and shall provide for all necessary actions during the institutional control period. The Authority shall place information about the facility and the waste placed in the facility in appropriate State and local records.

(d) In performing the study to determine the appropriate permanent disposal technology for long-lived waste, required by subdivision 7002(a)(2) of this title, the Authority shall consider a deep-mined facility in-state, technologies not normally examined in the United States for disposal of low-level radioactive waste, and all other technologies reasonably available.

(e) In performing the study, required by subdivision 7002(a)(2) of this title, to determine the maximum appropriate separation of long-lived waste, the Authority shall consider the various techniques potentially available, their costs and incremental risks. The risks to be considered should include radiological and other risks to workers, the public, and the environment from the separation process and from the disposal of the separated wastes in the facility authorized by this chapter and in any expected permanent disposal facility for the long-lived waste.

(f) Prior to a decision to prepare a draft license application and the submission of that decision to the General Assembly, the Authority shall:

(1) conduct a social and economic impacts study to determine the short-term and long-term effects from the proposed disposal facility on the Vermont municipalities that contain, or that are adjacent to municipalities containing, the proposed site and determine the appropriate impact fees to be paid;

(2) prepare a report on the strengths and weaknesses of the site that has been characterized and comparing the site to the best potential alternative site as identified by the Authority;

(3) negotiate with the municipality or each municipality where the proposed site is located any impact fees, other payments, or conditions to be included in the proposal to be submitted to the voters and in the petition to be submitted to the General Assembly;

(4) hold at least one public hearing near each site; and

(5) obtain the consent of a majority of the voters, present and voting at a duly warned meeting, of the municipality, or of each municipality, where the proposed site is located.

(g) For any particular site, including the Yankee site, the Authority may perform any of the requirements of subsection (f) of this section as soon as appropriate.

(h) Prior to a decision to characterize another certified site, the report on the strengths and weaknesses of the previously characterized site must be completed. However, a decision to characterize another site will not prohibit a later decision to prepare a draft license for any previously characterized site, if otherwise appropriate.

(i) A petition to the General Assembly to prepare a draft license application must be accompanied by a proposed financing plan for legislative enactment to cover the construction costs of the facility, unless the Authority has opted to raise construction funds under the provisions of section 7015 of this chapter.

(j) The Authority in deciding on the specific disposal plan required by subdivision 7002(a)(20) of this title for the permanent disposal of the long-lived waste shall thoroughly examine all reasonable alternatives to leaving the waste at the disposal facility authorized by this chapter and the option of leaving it there shall not be given undue weight.

(k) The Authority shall advise, consult, and cooperate with the federal government and its agencies, the State and its other agencies, interstate agencies, other states, local governmental entities within this State, and private entities.

(l) The Authority initially shall prepare a budget in reasonable detail, allocating funds for the year, and shall periodically revise the budget, as necessary. The Authority shall keep an accurate account of all its activities and of all its receipts and expenditures. Prior to the first day of September in each year, the Authority shall submit a report of its activities for the preceding fiscal year to the Governor and to the General Assembly. The report shall set forth a complete operating and financial statement covering its operations during the year. The Authority shall cause an audit of its books and accounts to be made at least once in each year by a certified public accountant and its cost shall be considered an expense of the Authority and a copy shall be included in the annual report.

(m) The Auditor of Accounts of the State and the Auditor’s authorized representatives may at any time examine the accounts and books of the Authority including its receipts, disbursements, contracts, funds, investments, and any other matters relating to its financial statements.

(n) The Authority shall prepare an annual report on the quantities, characteristics, and any expected treatment of the low-level radioactive waste generated in Vermont during the calendar year and reasonably expected to be generated through the date anticipated by the Authority for the completion of the decommissioning of Vermont Yankee.

(o) The Authority shall administer a grant program for Vermont municipalities where a certified site is located which the Authority has decided to characterize and may administer a similar grant program for Vermont municipalities that are within five miles of such a site. The grants shall be subject to the approval of the Public Utility Commission and shall be used by the municipality to provide technical assistance and to otherwise assist the community to effectively participate in the consideration of the site for a disposal facility under this chapter.

(p) Prior to the commencement of operation of the disposal facility, the Authority shall establish a disposal fee, to be approved by the Public Utility Commission, for any waste that must be accepted by the facility for disposal on which the service fee has not been paid under subsection 7013(e) of this title or for which capacity has not been contracted for under section 7015. The disposal fee must cover, pro rata, all costs and expenses contemplated by this chapter.

(q) The Authority shall provide free of charge a copy of any public document within its possession, upon request, to any municipalities that contain, or that are adjacent to municipalities containing, an alternative site or the Yankee site.

(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, amended 1990; 2019, No. 131 (Adj. Sess.), § 41.)

§ 7013 Low-Level Radioactive Waste Fund

(a) There is hereby created in the State Treasury a fund to be known as the Low-Level Radioactive Waste Fund, to be administered and expended by the Vermont Low-Level Radioactive Waste Authority.

(b) The Fund shall consist of:

(1) the balance in the Radioactive Waste Management Fund as of the repeal of section 6512 of this title;

(2) fees assessed under subsections (e) and (g) of this section and under subsection 7012(p) of this title;

(3) any monies required for the financial assurances, and pre-paid construction funds raised under section 7015 of this title;

(4) any grants from the federal government or from other sources accepted by the Governor for deposit into the Fund; and

(5) rebates of any surcharges collected for the disposal of low-level radioactive waste generated in Vermont pursuant to the Federal Low-Level Radioactive Waste Policy Amendments of 1985 (P.L. 99-240) and deposited in escrow pursuant to section 5(d)(2) of such law (42 U.S.C. § 2021e(d)(2)).

(c) All balances in the Fund at the end of any fiscal year shall be carried forward and remain a part of the Fund. Interest accruing from the Fund shall remain in the fund and shall be allocated proportionately among the accounts provided for in subsection (i) of this section based on the average principal balance of each account. Disbursements from the Fund shall be made by the State Treasurer on warrants drawn by the Director or Chair of the Authority.

(d) The Fund shall be used to:

(1) provide staff for the Authority, and to pay for all costs related to the performance of its responsibilities under this chapter;

(2) reimburse any State entity for all costs incurred in the issuance and enforcement of rules and adjudications authorized by section 7020 of this title and for all other costs for actions and proceedings authorized by this chapter;

(3) provide for all costs of the long-term monitoring and care of the disposal facility authorized under this chapter;

(4) cover costs of emergency responses, remedial action, personal injury, and property damage during construction, operation, closure, and long-term monitoring and care of the disposal facility authorized by this chapter;

(5) cover the costs of the permanent disposal of the long-lived waste;

(6) pay the costs associated with any community and project safety plan required under subdivision 7024(a)(9) of this title; and

(7) cover any liability of the Authority or of any other State entity arising out of activities under this chapter.

(e) A service fee shall be levied on all low-level radioactive waste generated in this State, whether shipped to a disposal facility or stored awaiting disposal. Initially, the service fee shall be $10.00 per cubic foot. Periodically or as necessary, the service fee shall be set by the Authority in an amount sufficient for all current and future expenses allowed under subsection (d) of this section, except for construction costs of the facility authorized by this chapter. The service fee shall be approved by the Public Utility Commission under section 7020 of this chapter. Whenever the Authority requests approval of a service fee by the Public Utility Commission, it shall estimate the totals needed in each of the segregated accounts required by subsection (i) of this section. The estimates shall contain appropriate contingency amounts. The Authority may set the service fee on the basis of volume, curies, hazardous constituents or a combination of those characteristics, as appropriate.

(f) The service fee of subsection (e) of this section and the assessment of subsection (g) of this section, shall not apply to low-level radioactive waste which was authorized, as of January 1, 1990, under regulations of the U.S. Nuclear Regulatory Commission, to be stored for decay on the site of generation for less than one year and disposed of as though it were not radioactive. The Authority shall identify those wastes that are exempt from the service fee, consistent with the intent of this section.

(g) In order to provide funds for the timely commencement of the regulatory responsibilities of State agencies and for the initial activities of the Authority, there shall be imposed an immediate assessment of $1,000,000.00 levied proportionately on all generators of low-level radioactive waste, based on the volume of waste generated in calendar years 1986-1989. The Authority shall make these assessments within 60 days of June 29, 1990 and the generators shall pay them within 30 days of the assessment.

(h) The service fee for Vermont Yankee shall be adjusted such that its portion of the total funds needed for all current and future expenses will be accumulated no later than the end of the operating life of the plant. The service fee for all other generators shall be adjusted to accumulate their shares no later than the date they expect to cease generating waste and in no case later than the expected date for closure of the disposal facility authorized by this chapter.

(i) The Fund established by this section shall be segregated into four accounts: one account for expenses expected prior to the end of the operating life of Vermont Yankee, except construction costs; a second account for expenses, including ongoing capital costs, expected after the end of the operating life of Vermont Yankee; a third account for the costs of the permanent disposal of the long-lived waste; and a fourth account for construction costs. Funds in each account shall be used only for the stated purpose of the account and shall not be transferred between accounts without approval of the Public Utility Commission. If the Public Utility Commission finds, upon petition, that any of the accounts contains funds substantially in excess of those reasonably expected to be sufficient for all current and future expenses of the account, the Public Utility Commission may require any excess in that account to be returned to the generators on an equitable basis.

(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990; amended 2019, No. 131 (Adj. Sess.), § 42.)

§ 7014 Tax ramifications

(a) All property and business of the Authority is devoted to an essential public and governmental function and purpose and is exempt from all taxes, franchise fees, and special assessments of whatever nature of the State or any subdivision of the State.

(b) The Authority annually shall pay a municipality, in which a disposal site is located, an amount in lieu of taxes equal to the amount of property tax that would be paid on such a disposal site by an owner subject to property tax.

(c) The Authority shall pay all applicable State and local permit fees, including any fees negotiated pursuant to subdivision 7012(f)(3) of this chapter.

(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

§ 7015 Construction costs

(a) In lieu of proposing a financing plan for the construction costs to the General Assembly under subsection 7012(i) of this title, the Authority may solicit offers to purchase or otherwise commit or contract for disposal capacity in the disposal facility authorized by this chapter. In the solicitation, the Authority should provide an estimate of the proposed design capacity and the expected construction costs.

(b) No offer may be accepted unless the terms of all such commitments or contracts, taken together, provide for the complete prepayment of all construction costs, exhaust the proposed capacity, contain acceptable terms and conditions, and are otherwise in the best interests of the State.

(c) The commitments or contracts shall be nontransferable, without approval of the Authority, shall provide for payment on an equal and pro rata basis for all generators and shall provide for the right of the Authority to reacquire, at any time, pro rata from all such commitments or contracts sufficient capacity to meet emergencies or necessary contingencies.

(d) If the total capacity of all offered commitments or contracts is less than the expected low-level radioactive waste, or if the commitments or contracts provide less than all the construction costs, or if the offers are for any other reason unsatisfactory, then the Authority shall reduce the design capacity of the facility, try to negotiate terms and conditions that will provide the complete construction costs and carry out the purposes of this chapter.

(e) The Authority may, for any reason, decide to not accept all offers received under this section and decide to pursue an alternative method of financing the construction costs of the disposal facility. If the Authority decides not to accept any such offers, it shall propose a financing plan to the General Assembly within 90 days or by the date set out in subdivision 7002(a)(9) of this title, whichever is later.

(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990; amended 2019, No. 131 (Adj. Sess.), § 43.)

§§ 7016-7019 [Reserved for future use.]

§ 7020 State regulation; responsibilities and authority

(a) The Agency, after public comment and after consultation with the Public Utility Commission and the Department of Public Service, shall by rule establish the siting requirements, the screening and certification procedures and criteria, the separation, recoverability, and facility design standards, and the draft license review procedures and standards. These rules must at least include the minimum requirements of sections 7021, 7022, 7023, and 7024 of this title and be sufficient to protect the environment and the public health for the hazardous life of materials likely to be deposited in the disposal facility. The Agency shall by rule establish procedures and requirements for public comment under this chapter. The Agency shall also by rule establish procedures and requirements for reports and manifests from generators of low-level radioactive waste concerning the quantities, concentrations, characteristics, expected generation rates, packaging, storage conditions, and any other information reasonably necessary for the Agency and the Authority to carry out their responsibilities.

(b) The Public Utility Commission shall:

(1) approve the service fees and disposal fees set by the Authority under sections 7011(4)(K), 7012(p), and 7013(e) of this title;

(2) utilize procedures substantially similar to the rate-setting procedures in 30 V.S.A. chapter 5, including the procedures for temporary rates in section 226 of that chapter but not including the time limits of section 227 of that chapter;

(3) review and approve, during any fee approval proceeding, an amount for:

(A) expenses expected prior to the end of the operating life of Vermont Yankee, except construction costs;

(B) expenses, including ongoing capital costs, expected after the end of the operating life of Vermont Yankee;

(C) costs of the permanent disposal of the long-lived waste; and

(D) construction costs; and

(4) determine, after public hearing, adequate financial assurance requirements to be specified as a condition for approval of fees under this subsection.

(c) The Department of Public Service shall appear in all proceedings before the Public Utility Commission under this chapter and represent the interests of the people of the State. The Department of Public Service shall review and may present testimony on any issue, including the service or disposal fees, the costs of permanent disposal of the long-lived waste, the financial assurance requirements, and the relationship of these fees, costs, and requirements to the costs of decommissioning the Vermont Yankee Nuclear Power Station.

(d) Rules adopted under this section must be at least as stringent as applicable federal standards, performance objectives, and requirements.

(e) No officers, departments, boards, agencies, divisions, and commissions of the State may render any services to the Authority that would compromise their ability to perform their regulatory functions under this chapter, but they shall cooperate with and provide any information available to them as may be requested by the Authority for the performance of its responsibilities if otherwise allowed by law.

(f) The Agency of Natural Resources, the Public Utility Commission, and the Department of Public Service may allocate to the Authority the portion of the expenses incurred by them, including expenses from the use of additional personnel and regular employees, for all actions and proceedings authorized by this chapter. At least quarterly, the Agency and the Department of Public Service shall send to the Authority detailed statements showing the money expended, and the Authority shall pay those statements out of the Low-Level Radioactive Waste Fund.

(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

§ 7021 Siting requirements

(a) Under the authority of section 7020 of this title, the Agency shall adopt rules establishing the siting requirements for a low-level radioactive waste disposal facility that shall, at a minimum, require that:

(1) the disposal site shall not be located in an area that is incapable of being thoroughly characterized, modeled, analyzed, and monitored;

(2) the disposal site shall not be located in an area where projected population growth and future development are likely to affect the ability of the disposal facility to meet the performance objectives;

(3) the disposal site shall not be located in areas having known natural resources that, if exploited, would result in the failure of the disposal facility to meet the performance objectives;

(4) the disposal site shall not be located in a 500-year floodplain, coastal high-hazard zone, or wetland and must be generally well drained and free of areas of flooding or frequent ponding;

(5) the disposal site shall not be located in areas with excessive upstream drainage that could erode, expose, or inundate the waste disposal units;

(6) the disposal site shall not be located in an area with insufficient depth to watertable so that groundwater intrusion, perennial or otherwise, could occur;

(7) the hydrogeologic unit used for disposal shall not discharge groundwater to the surface within the disposal site;

(8) the disposal site shall avoid areas where tectonic processes such as faulting, folding, seismic activity, or vulcanism may occur with such frequency and extent to significantly affect the ability of the disposal site to meet the performance objectives;

(9) the disposal site shall avoid areas where surface geologic processes such as mass wasting, erosion, slumping, landsliding, or weathering occur with such frequency and extent to significantly affect the ability of the disposal site to meet the performance objectives;

(10) the disposal site shall not be located where nearby facilities or activities or any existing radioactive materials could adversely impact the ability of the site to meet the performance objectives or significantly mask the environmental monitoring program;

(11) the disposal site shall not be located above 2,500 feet in elevation;

(12) the disposal site shall not be located within a watershed of Class A waters or of a public water supply, or within or adjacent to an aquifer protection area, within or adjacent to Class I or Class II aquifers, or where surface water quality standards could be reasonably expected to be violated by the facility;

(13) the disposal facility shall not be located within 100 meters of a wetland, stream, river, lake, or pond, within 200 meters of designated outstanding resource waters, or within distances found critical by site investigation;

(14) the disposal site shall not be located in areas where failure of a dam or impoundment could adversely affect the ability of the disposal site to meet the performance objectives;

(15) the disposal site must be of sufficient size to allow the satisfaction of the performance objectives; and

(16) the disposal site must retard, or be capable of being modified to retard, the movement of radionuclides.

(b) The rules establishing the siting requirements for a low-level radioactive waste disposal facility shall also consider the following:

(1) the proximity of the disposal site to schools, historical sites, wilderness areas, parks (municipal, State, or national), State or wildlife refuges or management areas, military sites, or unique cultural areas;

(2) the potential for adverse effects on rare or endangered species;

(3) the population density of the area surrounding the disposal site and the likely impacts on local governmental units; and

(4) mitigation or avoidance of harm from unanticipated releases and from transportation accidents.

(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

§ 7022 Screening and certification process

Under the authority of section 7020 of this title, the Agency shall adopt rules regarding screening for potential alternative sites and certification of sites, which must at least establish the procedures and criteria for:

(1) screening, by the Authority, of the Town of Vernon and the rest of the State;

(2) selecting and studying potential alternative sites by the Authority;

(3) submission, by the Authority, of each selected potential alternative site to the Agency for certification;

(4) certification, by the Agency, of alternative sites and the Yankee site as meeting applicable siting requirements;

(5) characterization of an alternative site;

(6) deciding, by the Authority, to characterize a certified alternative site or to prepare a draft license application for a disposal facility at a characterized site.

(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

§ 7023 Waste separation; recoverability; and minimum facility design standards

(a) Under the authority of section 7020 of this title, the Agency shall adopt rules establishing waste separation, recoverability, and minimum facility design standards for any low-level radioactive waste disposal facility including:

(1) a prohibition on shallow land burial;

(2) definitions of short-lived waste and long-lived waste;

(3) definition of hazardous life of the short-lived waste;

(4) requirements for maximum separation of short-lived and long-lived waste;

(5) requirements that the design be compatible with and complement the characteristics of the site as necessary for the performance objectives;

(6) requirements for active management during, and setting the length of, an institutional control period;

(7) requirements to control the dilution of long-lived waste where the purpose is to convert long-lived waste to short-lived waste or to change the federal classification;

(8) requirements for enhanced containment sufficient to meet the performance objectives;

(9) requirements for recoverability of the separated long-lived waste that are compatible with the performance objectives;

(10) requirements for structural integrity during the design life of the facility;

(11) requirements for monitoring, until the end of the institutional control period, that are adequate to detect failure of the facility in time to take reasonable remedial action and that provide for independent review and verification;

(12) requirements for long-term passive isolation of the waste from the environment, including the minimization of water intrusion and protection against intruders;

(13) requirements for the permanent unmistakable marking of the facility identifying it as hazardous to future human inhabitants;

(14) performance objectives for each stage of the life of the facility to ensure the protection of individuals and the general population from releases of radioactivity, the protection of individuals and the general population from direct radiation, the protection of individuals from and during intrusion; and

(15) capacity specifications to limit the size of the disposal facility to that necessary to dispose of the expected low-level radioactive waste.

(b) In establishing the definitions of short-lived and long-lived waste and in establishing the requirements for maximum separation of those wastes, the Agency shall ensure that the hazardous life of the short-lived waste is less than the institutional control period and shall consider the costs of separation and all risks from separating and disposing of the separated wastes. This should include the risks associated with the separation process, the placement of the separated wastes in the facility authorized by this chapter, the recovery of the long-lived waste and any transportation and preparation of that waste for permanent disposal.

(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

§ 7024 Agency standards and procedures for review of the draft license application

(a) The Agency shall adopt rules establishing standards for a draft license application for a low-level radioactive waste disposal facility that shall, at a minimum, include:

(1) compliance with the rules adopted by the Agency under this chapter;

(2) consent for entry into the facility by State regulatory personnel;

(3) requirements to the extent permitted by law, to limit waste disposal access in order to prevent the exhaustion of disposal capacity at an early or uncertain future date;

(4) the financial assurance requirements established by the Public Utility Commission under section 7020 of this title;

(5) requirements for operating procedures;

(6) requirements for on-site supervision of the operation of the disposal facility;

(7) requirements for closure and for closure monitoring and observation, including a minimum five-year post-closure period;

(8) requirements for long-term management by the State;

(9) requirements for a community and project safety plan, including an emergency response plan and a training plan for facility personnel and public safety officials, all based on a worst case analysis;

(10) requirements for emergency response and monitoring for operator or facility failure; and

(11) requirements for detailed annual reports, including requirements for reporting all waste in storage and, after disposal has begun, all waste placed in the facility.

(b) The Agency shall adopt rules establishing procedures for its review of a draft license application that shall, at a minimum, include:

(1) submission of the draft application and other specified information;

(2) submission of pre-operational radiation survey in the vicinity of the site;

(3) submission of an environmental and public health impact analysis;

(4) an opportunity for public review and inspection of, and public comment on, the draft license application in the locality of the approved site; and

(5) a procedure for complying with conditions or changes to the licensing application required by the NRC or the District Environmental Commission.

(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990; amended 2003, No. 115 (Adj. Sess.), § 66, eff. Jan. 31, 2005; 2019, No. 131 (Adj. Sess.), § 44.)

§§ 7025-7029 [Reserved for future use.]

§ 7030 Enforcement and judicial review

(a) Any person who violates this chapter or any rule adopted under this chapter or refuses to comply with any of the provisions of this chapter shall be subject to enforcement actions under chapters 201 and 211 of this title, except that for the failure to pay the service fees under section 7013 of this title, the penalty shall be no more than 25 percent of the fees owed.

(b) Any person, upon a well-founded belief that there has been a violation of this chapter or any rule adopted under this chapter or a refusal to comply with any of the provisions of this chapter, or of the rules adopted under this chapter, may commence an action in Washington Superior Court for injunctive relief, or other appropriate relief, or for penalties and attorney’s fees.

(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

§§ 7031-7039 [Reserved for future use.]

§ 7040 Immunity and liability

(a) No provision of this chapter shall constitute a waiver of sovereign immunity.

(b) Nor shall any State official or employee (including members of the Authority and its Director and staff) be held financially responsible for acts taken within the scope of employment, or for failure to take any discretionary act, related to this chapter or the rules authorized by this chapter.

(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

§§ 7041-7049 [Reserved for future use.]

§ 7050 Generator obligations

In addition to any other obligation imposed by this chapter, any person who generates low-level radioactive waste in Vermont shall comply with the reporting and financial assurance requirements as established under section 7020 of this title.

(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

Chapter 162 Texas Low-Level Radioactive Waste Disposal Compact

§ 7060 Entry into the Compact

The State shall be a member of the Texas Low-Level Radioactive Waste Disposal Compact.

(Added 1993, No. 137 (Adj. Sess.), § 2.)

§ 7061 Definitions

(a) As used in this chapter:

(1) “Commission” means the Texas Low-Level Radioactive Waste Disposal Compact Commission.

(2) “Compact” or “Compact agreement” means the Texas Low-Level Radioactive Waste Disposal Compact.

(3) “Compact facility,” “disposal facility,” and “facility” mean any site, location, structure, or property within the State of Texas provided for the purposes of disposal of low-level radioactive waste, pursuant to the Compact.

(4) “Generator” means a person who produces or processes low-level radioactive waste in the course of its activities.

(5) “Low-level radioactive waste” means radioactive waste material that is not high-level radioactive waste, spent nuclear fuel, transuranic waste, or byproduct material, as defined in 42 U.S.C. § 2014(e)(2), the U.S. Atomic Energy Act of 1954, Section 11(e)(2), and that material the U.S. Nuclear Regulatory Commission, consistent with existing law, classifies as low-level radioactive waste.

(6) “Manage” means collection, consolidation, storage, packaging, or treatment of low-level radioactive waste.

(b) In addition, terms defined in the Compact shall have the same definition in this chapter, unless another meaning is clearly intended.

(Added 1993, No. 137 (Adj. Sess.), § 2.)

§ 7062 Commission membership

The Governor shall appoint one or more persons with relevant knowledge and experience to represent the State on the Commission established by Article III of the Compact. The Governor may appoint an alternate for each Commission member appointed under this section. Each Commission member and alternate, if appointed, shall serve at the pleasure of the Governor.

(Added 1993, No. 137 (Adj. Sess.), § 2; amended 2011, No. 47, § 20r, eff. May 25, 2011.)

§ 7063 Compensation of Commission members; report

Each Commission member and alternate is entitled to compensation at a rate established by the Governor, and for reimbursement for actual and necessary expenses incurred in the performance of his or her duties. If a State employee is appointed as a Commission member or an alternate, that State employee is not entitled to compensation in addition to such employee’s regular pay. At least annually by December 31, Commission members and alternates appointed under this section shall report to the Governor and the Commissioner of Public Service on their activities conducted in representing the State on the Commission. The report shall include an itemization of compensation paid and expenses incurred. Compensation and expenses of Commission members and alternates shall be included in the annual budget of the Department of Public Service and shall be specifically identified in the budget report filed pursuant to 32 V.S.A. §§ 306 and 307.

(Added 1993, No. 137 (Adj. Sess.), § 2; amended 2011, No. 47, § 20s, eff. May 25, 2011.)

§ 7064 Support of the Compact Commission member

(a) The Agency of Natural Resources, the Agency of Administration, the Department of Public Service, the Department of Health, and the Attorney General shall respond to requests of the Commission member for data and information needed for Commission activities.

(b) Expenses of any State agency for all actions and proceedings authorized under this chapter and the Compact shall be allocated to the Secretary of Administration for billing under subdivision 7067(b)(3) of this title, including expenses for the use of additional personnel and regular employees.

(Added 1993, No. 137 (Adj. Sess.), § 2.)

§ 7065 Compact responsibilities

(a) For low-level radioactive waste, to the extent necessary to meet the requirements of the Texas Low-Level Radioactive Waste Disposal Compact, the Secretary of Natural Resources shall do the following:

(1) develop and enforce procedures for packaging, processing, and waste form specifications for low-level radioactive waste shipments to the compact facility;

(2) develop and enforce procedures for minimization of the volume of low-level radioactive waste generated;

(3) by no later than 180 days after the effective date of this chapter, establish the annual projected volume of low-level radioactive waste from each generator in Vermont to be disposed in the Compact facility for the years 1995-2045, to determine compliance with section 3.04(11) of the Compact agreement;

(4) collect, compile, and distribute data and information required under this section.

(b) For low-level radioactive waste, as part of its present responsibilities under 18 V.S.A. chapter 32, the Commissioner of Health shall do the following:

(1) maintain a registry of all generators of low-level radioactive waste within the State, including the amount and class of low-level radioactive waste generated by each generator;

(2) maintain an accounting of waste shipped and proposed to be shipped to the Compact facility by volume and curies, proposed transportation methods and routes, and proposed shipment schedules.

(c) The Secretary of Natural Resources may do the following:

(1) develop and enforce procedures for reports and manifests from generators of low-level radioactive waste within the State concerning the quantities, concentrations, and characteristics of waste generated and shipped; proposed transportation methods and routes; proposed shipment schedules; expected generation rates; packaging; and storage conditions and any other information reasonably necessary for the Agency and the Commission member to carry out their responsibilities;

(2) adopt rules under 3 V.S.A. chapter 25 for fulfilling the State responsibilities identified in this section and any other responsibilities established in the Compact for low-level radioactive waste.

(d) [Repealed.]

(Added 1993, No. 137 (Adj. Sess.), § 2; amended 2009, No. 33, § 83(e)(10).)

§ 7066 Requirements regarding radioactive waste disposal

(a) Every generator of low-level radioactive waste in this State shall comply with the reporting requirements of this chapter.

(b) A generator of low-level radioactive waste in this State that existed, as a generator, on the effective date of the Compact, including any nuclear plant, may not be discriminated against with respect to access to disposal capacity at the Compact facility.

(c) No generator of low-level radioactive waste in the State existing on the date of enactment of this section may increase its generation of waste in a year by more than 20 percent of the total annual volume of waste from all generators estimated for disposal by the Secretary of Natural Resources, under subdivision 7065(a)(3) of this title, unless that generator receives a favorable determination from the Secretary of Natural Resources that disposal capacity will be available as provided by section 3.04(11) of the Compact agreement.

(d) Any person other than those generators identified in subsection (c) of this section who wishes to undertake an activity that will generate low-level radioactive waste in the State must first receive a favorable determination from the Secretary of Natural Resources that disposal capacity will be available as provided by section 3.04(11) of the Compact agreement.

(e) No generator of low-level radioactive waste may dispose of its low-level radioactive waste at the Compact facility unless that generator has a current indemnification agreement with the State of Vermont. Federal generators of low-level radioactive waste shall be required to indemnify the State only to the extent permitted by federal law. Any indemnification agreement shall be reviewed by the Attorney General before the State agrees to it.

(Added 1993, No. 137 (Adj. Sess.), § 2.)

§ 7067 Assessment of Compact costs; Low-Level Radioactive Waste Disposal Compact Fund

(a) There is hereby created the Low-Level Radioactive Waste Disposal Compact Fund, to be administered and expended by the Secretary of Administration in accordance with the provisions of this section. All balances in the Fund at the end of any fiscal year shall be carried forward and remain a part of the Fund. Interest earned by the Fund shall be deposited into the Fund.

(b) The Secretary of Administration shall assess the generators of low-level radioactive waste in the State for the full administrative costs of membership and participation in the Compact, subject to Articles IV and V of that agreement, and for the State’s costs incurred in carrying out the responsibilities of this chapter. Generators of low-level radioactive waste shall be assessed by the method established in subsection (c) of this section. Payments shall be dispensed from the State Treasury only upon warrants issued by the Commissioner of Finance and Management after receipt of proper statements describing expenses.

(1) Initial assessments.

(A) The Secretary of Administration shall make an initial assessment in the amount of $12,500,000.00 within 30 days following ratification of the Compact agreement by the Congress of the United States. The amount assessed shall be paid within 15 days of the assessment.

(B) The Secretary of Administration shall make a second assessment in the amount of $12,500,000.00 within 30 days following the date of the opening of the compact facility in Texas. The amount assessed shall be paid within 15 days of the assessment.

(2) Host county assessments.

(A) The Secretary of Administration shall make an initial host county assessment in accordance with section 4.05, subsection (5) of the Compact in the amount of $1,250,000.00 no later than 30 working days following ratification of the Compact agreement by the Congress of the United States. The amount assessed shall be paid within 15 days of assessment.

(B) The Secretary of Administration shall make a second host county assessment in the amount of $1,250,000.00 no later than 30 working days following the approval of a facility operating license by the Texas Natural Resource Conservation Commission. The amount assessed shall be paid within 15 days of assessment.

(3) Compact Commission and State expenses. On an annual basis or on any other schedule established by the Commission, the Secretary of Administration shall assess the State’s share of the administrative, legal and other expenses for the operation of the Compact Commission, as well as the State’s costs incurred in carrying out the responsibilities of this chapter. Amounts assessed under this section shall be paid within 30 days of assessment.

(4) Uncommitted balance of the Low-Level Radioactive Waste Fund. Any uncommitted balance of the Low-Level Radioactive Waste Fund created under section 7013 of this title, shall be transferred to the Fund established in subsection (a) of this section and shall be used to reduce, offset, or eliminate the costs assessed under this subsection.

(5) Alternate payment schedule. In accordance with section 5.02 of the Compact agreement and if so designated by the Commission, the schedule for assessments by the Secretary of Administration to be forwarded to the Texas Low-Level Radioactive Waste Disposal Authority under subdivision (1) of this section shall be revised to conform to the payment schedule for the repayment of debt incurred for the construction of the compact facility. An amount may not be assessed pursuant to this subsection on less than 30 days’ notice and a payment may not be required in fewer than 15 days from the date of assessment.

(c) With respect to the funding of the assessment for payments identified in subsection (b) of this section, generators of low-level radioactive waste in the State shall be assessed proportionately on the basis of a three-year rolling total volume of generated wastes prepared for shipment (i.e., waste processed into disposal containers). The calculation shall use the last three complete calendar years at the time the assessment is made. Vermont Yankee decommissioning waste shall be accounted for by using a volume equal to 3/20 of the decommissioning waste volume estimate from the last completed Vermont Yankee decommissioning rate case before the Federal Energy Regulatory Commission. This 3/20 decommissioning waste volume shall be added to the three-year waste generated by Vermont Yankee prior to performing the calculation. Those generators generating less than five cubic feet of low-level radioactive waste for the rolling three-year period shall be exempt from this assessment.

(d) A generator of low-level radioactive waste in the State that did not contribute to the initial assessments identified in this section shall make such contributions at the end of the third calendar year after its first shipment of radioactive waste to the compact facility. A recalculation shall be made of the initial assessments under subsection (b) of this section if the new generator has generated more than five cubic feet of waste during the three-year period. The calculation described in subsection (c) of this section shall be recalculated, including the new generator’s waste volume. The amount due from the new generator shall be distributed to the previous payees in proportion to their payment amount. If the new generator’s waste is one percent of the recalculated total waste volume or greater, interest will also be included in the payment to the previous payees in an amount equal to the Vermont Yankee cost of money between the initial payments and the time the new generator payment is made.

(Added 1993, No. 137 (Adj. Sess.), § 2.)

§ 7068 Enforcement

Any person who violates this chapter or any rule adopted under this chapter or refuses to comply with any of the provisions of this chapter shall be subject to enforcement actions under chapters 201 and 211 of this title.

(Added 1993, No. 137 (Adj. Sess.), § 2.)

§ 7069 Texas Low-Level Radioactive Waste Disposal Compact

The General Assembly ratifies the Texas Low-Level Radioactive Waste Disposal Compact to provide access to facilities in the State of Texas for the permanent disposal of all low-level radioactive waste. The text is as follows:

TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT

Article I. Policy and Purpose

Sec. 1.01. The party states recognize a responsibility for each state to seek to manage low-level radioactive waste generated within its boundaries, pursuant to the Low-Level Radioactive Waste Policy Act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. Secs. 2021b-2021j). They also recognize that the United States Congress, by enacting the Act, has authorized and encouraged states to enter into compacts for the efficient management and disposal of low-level radioactive waste. It is the policy of the party states to cooperate in the protection of the health, safety, and welfare of their citizens and the environment and to provide for and encourage the economical management and disposal of low-level radioactive waste. It is the purpose of this compact to provide the framework for such a cooperative effort; to promote the health, safety, and welfare of the citizens and the environment of the party states; to limit the number of facilities needed to effectively, efficiently, and economically manage low-level radioactive waste and to encourage the reduction of the generation thereof; and to distribute the costs, benefits, and obligations among the party states; all in accordance with the terms of this compact.

Article II. Definitions

Sec. 2.01. As used in this compact, unless the context clearly indicates otherwise, the following definitions apply:

(1) “Act” means the Low-Level Radioactive Waste Policy Act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. Secs. 2021b-2021j).

(2) “Commission” means the Texas Low-Level Radioactive Waste Disposal Compact Commission established in Article III of this compact.

(3) “Compact facility” or “facility” means any site, location, structure, or property located in and provided by the host state for the purpose of management or disposal of low-level radioactive waste for which the party states are responsible.

(4) “Disposal” means the permanent isolation of low-level radioactive waste pursuant to requirements established by the United States Nuclear Regulatory Commission and the United States Environmental Protection Agency under applicable laws, or by the host state.

(5) “Generate,” when used in relation to low-level radioactive waste, means to produce low-level radioactive waste.

(6) “Generator” means a person who produces or processes low-level radioactive waste in the course of its activities, excluding persons who arrange for the collection, transportation, management, treatment, storage, or disposal of waste generated outside the party states, unless approved by the Commission.

(7) “Host county” means a county in the host state in which a disposal facility is located or is being developed.

(8) “Host state” means a party state in which a compact facility is located or is being developed. The State of Texas is the host state under this compact.

(9) “Institutional control period” means that period of time following closure of the facility and transfer of the facility license from the operator to the custodial agency in compliance with the appropriate regulations for long-term observation and maintenance.

(10) “Low-Level Radioactive Waste” has the same meaning as that term is defined in Section 2(9) of the Act (42 U.S.C. Sec. 2021b(9)), or in the host state statute so long as the waste is not incompatible with management and disposal at the compact facility.

(11) “Management” means collection, consolidation, storage, packaging, or treatment.

(12) “Operator” means a person who operates a disposal facility.

(13) “Party state” means any state that has become a party in accordance with Article VII of this Compact. Texas, Maine, and Vermont are initial party states under this Compact.

(14) “Person” means an individual, corporation, partnership, or other legal entity, whether public or private.

(15) “Transporter” means a person who transports low-level radioactive waste.

Article III. The Commission

Sec. 3.01. There is hereby established the Texas Low-Level Radioactive Waste Disposal Compact Commission. The Commission shall consist of one voting member from each party state except that the host state shall be entitled to six voting members. Commission members shall be appointed by the party state governors, as provided by the laws of each party state. Each party state may provide alternates for each appointed member.

Sec. 3.02. A quorum of the Commission consists of a majority of the members. Except as otherwise provided in this compact, an official act of the Commission must receive the affirmative vote of a majority of its members.

Sec. 3.03. The Commission is a legal entity separate and distinct from the party states and has governmental immunity to the same extent as an entity created under the authority of Article XVI, Section 59, of the Texas Constitution. Members of the Commission shall not be personally liable for actions taken in their official capacity. The liabilities of the Commission shall not be deemed liabilities of the party states.

Sec. 3.04. The Commission shall:

(1) Compensate its members according to the host state’s law.

(2) Conduct its business, hold meetings, and maintain public records pursuant to laws of the host state, except that notice of public meetings shall be given in the nonhost party states in accordance with their respective statutes.

(3) Be located in the capital city of the host state.

(4) Meet at least once a year and upon the call of the Chair, or any member. The Governor of the host state shall appoint a Chair and Vice Chair.

(5) Keep an accurate account of all receipts and disbursements. An annual audit of the books of the commission shall be conducted by an independent certified public accountant, and the audit report shall be made a part of the annual report of the Commission.

(6) Approve a budget each year and establish a fiscal year that conforms to the fiscal year of the host state.

(7) Prepare, adopt, and implement contingency plans for the disposal and management of low-level radioactive waste in the event that the compact facility should be closed. Any plan which requires the host state to store or otherwise manage the low-level radioactive waste from all the party states must be approved by at least four host state members of the Commission. The Commission, in a contingency plan or otherwise, may not require a nonhost party state to store low-level radioactive waste generated outside the state.

(8) Submit communications to the governors and to the presiding officers of the legislatures of the party states regarding the activities of the Commission, including an annual report to be submitted on or before January 31 of each year.

(9) Assemble and make available to the party states, and to the public, information concerning low-level radioactive waste management needs, technologies, and problems.

(10) Keep a current inventory of all generators within the party states, based upon information provided by the party states.

(11) By no later than 180 days after all members of the Commission are appointed under Section 3.01 of this article, establish by rule the total volume of low-level radioactive waste that the host state will dispose of in the compact facility in the years 1995-2045, including decommissioning waste. The shipments of low-level radioactive waste from all nonhost party states shall not exceed 20 percent of the volume estimated to be disposed of by the host state during the 50-year period. When averaged over such 50-year period, the total of all shipments from nonhost party states shall not exceed 20,000 cubic feet a year. The Commission shall coordinate the volumes, timing, and frequency of shipments from generators in the nonhost party states in order to assure that over the life of this agreement shipments from the nonhost party states do not exceed 20 percent of the volume projected by the Commission under this paragraph.

Sec. 3.05. The Commission may:

(1) Employ staff necessary to carry out its duties and functions. The Commission is authorized to use to the extent practicable the services of existing employees of the party states. Compensation shall be as determined by the Commission.

(2) Accept any grants, equipment, supplies, materials, or services, conditional or otherwise, from the federal or state government. The nature, amount, and condition, if any, of any donation, grant, or other resources accepted pursuant to this paragraph and the identity of the donor or grantor shall be detailed in the annual report of the Commission.

(3) Enter into contracts to carry out its duties and authority, subject to projected resources. No contract made by the Commission shall bind a party state.

(4) Adopt, by a majority vote, bylaws and rules necessary to carry out the terms of this compact. Any rules promulgated by the Commission shall be adopted in accordance with the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon’s Texas Civil Statutes).

(5) Sue and be sued and, when authorized by a majority vote of the members, seek to intervene in administrative or judicial proceedings related to this Compact.

(6) Enter into an agreement with any person, state, regional body, or group of states for the importation of low-level radioactive waste into the Compact for management or disposal, provided that the agreement receives a majority vote of the Commission. The Commission may adopt such conditions and restrictions in the agreement as it deems advisable.

(7) Upon petition, allow an individual generator, a group of generators, or the host state of the Compact, to export low-level radioactive waste to a low-level radioactive waste disposal facility located outside the party states. The Commission may approve the petition only by a majority vote of its members. The permission to export low-level radioactive waste shall be effective for that period of time and for the specified amount of low-level radioactive waste, and subject to any other term or condition, as is determined by the Commission.

(8) Monitor the exportation outside of the party states of material, which otherwise meets the criteria of low-level radioactive waste, where the sole purpose of the exportation is to manage or process the material for recycling or waste reduction and return it to the party states for disposal in the compact facility.

Sec. 3.06. Jurisdiction and venue of any action contesting any action of the Commission shall be in the United States District Court in the district where the Commission maintains its office.

Article IV. Rights, Responsibilities and Obligations of Party States

Sec. 4.01. The host state shall develop and have full administrative control over the development, management and operation of a facility for the disposal of low-level radioactive waste generated within the party states. The host state shall be entitled to unlimited use of the facility over its operating life. Use of the facility by the nonhost party states for disposal of low-level radioactive waste, including such waste resulting from decommissioning of any nuclear electric generation facilities located in the party states, is limited to the volume requirements of Section 3.04(11) of Article III.

Sec. 4.02. Low-level radioactive waste generated within the party states shall be disposed of only at the compact facility, except as provided in Section 3.05(7) of Article III.

Sec. 4.03. The initial states of this Compact cannot be members of another low-level radioactive waste compact entered into pursuant to the Act.

Sec. 4.04. The host state shall do the following:

(1) Cause a facility to be developed in a timely manner and operated and maintained through the institutional control period.

(2) Ensure, consistent with any applicable federal and host state laws, the protection and preservation of the environment and the public health and safety in the siting, design, development, licensing, regulation, operation, closure, decommissioning, and long-term care of the disposal facilities within the host state.

(3) Close the facility when reasonably necessary to protect the public health and safety of its citizens or to protect its natural resources from harm. However, the host state shall notify the commission of the closure within three days of its action and shall, within 30 working days of its action, provide a written explanation to the Commission of the closure, and implement any adopted contingency plan.

(4) Establish reasonable fees for disposal at the facility of low-level radioactive waste generated in the party states based on disposal fee criteria set out in Sections 402.272 and 402.273, Texas Health and Safety Code. The same fees shall be charged for the disposal of low-level radioactive waste that was generated in the host state and in the nonhost party states. Fees shall also be sufficient to reasonably support the activities of the Commission.

(5) Submit an annual report to the Commission on the status of the facility, including projections of the facility’s anticipated future capacity, and on the related funds.

(6) Notify the Commission immediately upon the occurrence of any event that could cause a possible temporary or permanent closure of the facility and identify all reasonable options for the disposal of low-level radioactive waste at alternate compact facilities or, by arrangement and commission vote, at noncompact facilities.

(7) Promptly notify the other party states of any legal action involving the facility.

(8) Identify and regulate, in accordance with federal and host state law, the means and routes of transportation of low-level radioactive waste in the host state.

Sec. 4.05. Each party state shall do the following:

(1) Develop and enforce procedures requiring low-level radioactive waste shipments originating within its borders and destined for the facility to conform to packaging, processing, and waste form specifications of the host state.

(2) Maintain a registry of all generators within the state that may have low-level radioactive waste to be disposed of at the facility, including, but not limited to, the amount of low-level radioactive waste and the class of the low-level radioactive waste generated by each generator.

(3) Develop and enforce procedures requiring generators within its borders to minimize the volume of low-level radioactive waste requiring disposal. Nothing in this Compact shall prohibit the storage, treatment, or management of waste by a generator.

(4) Provide the Commission with any data and information necessary for the implementation of the Commission’s responsibilities, including taking those actions necessary to obtain this data or information.

(5) Pay for community assistance projects designated by the host county in an amount for each nonhost party state equal to 10 percent of the payment provided for in Article V for each such state. One-half of the payment shall be due and payable to the host county on the first day of the month following ratification of this compact agreement by Congress and one-half of the payment shall be due and payable on the first day of the month following the approval of a facility operating license by the host state’s regulatory body.

(6) Provide financial support for the Commission’s activities prior to the date of facility operation and subsequent to the date of Congressional ratification of this Compact under Section 7.07 of Article VII. Each party state will be responsible for annual payments equaling its pro rata share of the Commission’s expenses, incurred for administrative, legal, and other purposes of the Commission.

(7) If agreed by all parties to a dispute, submit the dispute to arbitration or other alternate dispute resolution process. If arbitration is agreed upon, the Governor of each party state shall appoint an arbitrator. If the number of party states is an even number, the arbitrators so chosen shall appoint an additional arbitrator. The determination of a majority of the arbitrators shall be binding on the party states. Arbitration proceedings shall be conducted in accordance with the provisions of 9 U.S.C. Sections 1 through 16. If all parties to a dispute do not agree to arbitration or alternate dispute resolution process, the United States District Court in the district where the Commission maintains its office shall have original jurisdiction over any action between or among parties to this compact.

(8) Provide on a regular basis to the Commission and host state:

(A) an accounting of waste shipped and proposed to be shipped to the compact facility, by volume and curies;

(B) proposed transportation methods and routes; and

(C) proposed shipment schedules.

(9) Seek to join in any legal action by or against the host state to prevent nonparty states or generators from disposing of low-level radioactive waste at the facility.

Sec. 4.06. Each party state shall act in good faith and may rely on the good faith performance of the other party states regarding requirements of this Compact.

Article V. Party State Contributions

Sec. 5.01. Each party state, except the host state, shall contribute a total of $25 million to the host state. Payments shall be deposited in the host state treasury to the credit of the Low-Level Waste Fund in the following manner except as otherwise provided. Not later than the 60th day after the date of Congressional ratification of this Compact, each nonhost party state shall pay to the host state $12.5 million. Not later than the 60th day after the date of the opening of the compact facility, each nonhost party state shall pay to the host state an additional $12.5 million.

Sec. 5.02. As an alternative, the host state and the nonhost states may provide for payments in the same total amount as stated above to be made to meet the principal and interest expense associated with the bond indebtedness or other form of indebtedness issued by the appropriate agency of the host state for purposes associated with the development, operation, and post-closure monitoring of the compact facility. In the event the member states proceed in this manner, the payment schedule shall be determined in accordance with the schedule of debt repayment. This schedule shall replace the payment schedule described in Section 5.01 of this article.

Article VI. Prohibited Acts and Penalties

Sec. 6.01. No person shall dispose of low-level radioactive waste generated within the party states unless the disposal is at the compact facility, except as otherwise provided in Section 3.05(7) of Article III.

Sec. 6.02. No person shall manage or dispose of low-level radioactive waste within the party states unless the low-level radioactive waste was generated within the party states, except as provided in Section 3.05(6) of Article III. Nothing herein shall be construed to prohibit the storage or management of low-level radioactive waste by a generator, nor its disposal pursuant to 10 C.F.R. Section 20.302.

Sec. 6.03. Violations of this article may result in prohibiting the violator from disposing of low-level radioactive waste in the compact facility, or in the imposition of penalty surcharges on shipments to the facility, as determined by the Commission.

Article VII. Eligibility; Entry into Effect; Congressional Consent; Withdrawal; Exclusion

Sec. 7.01. The States of Texas, Maine, and Vermont are party states to this Compact. Any other state may be made eligible for party status by a majority vote of the Commission and ratification by the legislature of the host state, subject to fulfillment of the rights of the initial nonhost party states under Section 3.04(11) of Article III and Section 4.01 of Article IV, and upon compliance with those terms and conditions for eligibility that the host state may establish. The host state may establish all terms and conditions for the entry of any state, other than the states named in this section, as a member of this Compact; provided, however, the specific provisions of this Compact, except for those pertaining to the composition of the Commission and those pertaining to Section 7.09 of this article, may not be changed except upon ratification by the legislatures of the party states.

Sec. 7.02. Upon compliance with the other provisions of this Compact, a state made eligible under Section 7.01 of this article may become a party state by legislative enactment of this Compact or by executive order of the governor of the state adopting this Compact. A state becoming a party state by executive order shall cease to be a party state upon adjournment of the first general session of its legislature convened after the executive order is issued, unless before the adjournment, the legislature enacts this Compact.

Sec. 7.03. Any party state may withdraw from this Compact by repealing enactment of this Compact subject to the provisions herein. In the event the host state allows an additional state or additional states to join the Compact, the host state’s legislature, without the consent of the nonhost party states, shall have the right to modify the composition of the Commission so that the host state shall have a voting majority on the Commission, provided, however, that any modification maintains the right of each initial party state to retain one voting member on the Commission.

Sec. 7.04. If the host state withdraws from the Compact, the withdrawal shall not become effective until five years after enactment of the repealing legislation and the nonhost party states may continue to use the facility during that time. The financial obligation of the nonhost party states under Article V shall cease immediately upon enactment of the repealing legislation. If the host state withdraws from the Compact or abandons plans to operate a facility prior to the date of any nonhost party state payment under Sections 4.05(5) and (6) of Article IV or Article V, the nonhost party states are relieved of any obligations to make the contributions. This section sets out the exclusive remedies for the nonhost party states if the host state withdraws from the Compact or is unable to develop and operate a compact facility.

Sec. 7.05. A party state, other than the host state, may withdraw from the compact by repealing the enactment of this Compact, but this withdrawal shall not become effective until two years after the effective date of the repealing legislation. During this two-year period the party state will continue to have access to the facility. The withdrawing party shall remain liable for any payments under Sections 4.05(5) and (6) of Article IV that were due during the two-year period, and shall not be entitled to any refund of payments previously made.

Sec. 7.06. Any party state that substantially fails to comply with the terms of the Compact or to fulfill its obligations hereunder may have its membership in the Compact revoked by a seven-eighths vote of the Commission following notice that a hearing will be scheduled not less than six months from the date of the notice. In all other respects, revocation proceedings undertaken by the Commission will be subject to the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon’s Texas Civil Statutes), except that a party state may appeal the Commission’s revocation decision to the United States District Court in accordance with Section 3.06 of Article III. Revocation shall take effect one year from the date such party state receives written notice from the Commission of a final action. Written notice of revocation shall be transmitted immediately following the vote of the Commission, by the Chair, to the governor of the affected party state, all other governors of party states, and to the United States Congress.

Sec. 7.07. This Compact shall take effect following its enactment under the laws of the host state and any other party state and thereafter upon the consent of the United States Congress and shall remain in effect until otherwise provided by federal law. If Texas and either Maine or Vermont ratify this Compact, the Compact shall be in full force and effect as to Texas and the other ratifying state, and this Compact shall be interpreted as follows:

(1) Texas and the other ratifying state are the initial party states.

(2) The Commission shall consist of two voting members from the other ratifying state and six from Texas.

(3) Each party state is responsible for its pro rata share of the Commission’s expenses.

Sec. 7.08. This Compact is subject to review by the United States Congress and the withdrawal of the consent of Congress every five years after its effective date, pursuant to federal law.

Sec. 7.09. The host state legislature, with the approval of the governor, shall have the right and authority, without the consent of the nonhost party states, to modify the provisions contained in Section 3.04(11) of Article III to comply with Section 402.219(c)(1), Texas Health and Safety Code, as long as the modification does not impair the rights of the initial nonhost party states.

Article VIII. Construction and Severability

Sec. 8.01. The provisions of this Compact shall be broadly construed to carry out the purposes of the Compact, but the sovereign powers of a party shall not be infringed upon unnecessarily.

Sec. 8.02. This Compact does not affect any judicial proceeding pending on the effective date of this compact.

Sec. 8.03 No party state acquires any liability, by joining this Compact, resulting from the siting, operation, maintenance, long-term care or any other activity relating to the compact facility. No nonhost party state shall be liable for any harm or damage from the siting, operation, maintenance, or long-term care relating to the compact facility. Except as otherwise expressly provided in this Compact, nothing in this Compact shall be construed to alter the incidence of liability of any kind for any act or failure to act. Generators, transporters, owners, and operators of the facility shall be liable for their acts, omissions, conduct, or relationships in accordance with applicable law. By entering into this Compact and securing the ratification by Congress of its terms, no party state acquires a potential liability under Section 5(d)(2)(C) of the Act (42 U.S.C. Sec. 2021e(d)(2)(C)) that did not exist prior to entering into this Compact.

Sec. 8.04. If a party state withdraws from the Compact pursuant to Section 7.03 of Article VII or has its membership in this Compact revoked pursuant to Section 7.06 of Article VII, the withdrawal or revocation shall not affect any liability already incurred by or chargeable to the affected state under Section 8.03 of this article.

Sec. 8.05. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared by a court of competent jurisdiction to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby to the extent the remainder can in all fairness be given effect. If any provision of this Compact shall be held contrary to the Constitution of any state participating therein, the Compact shall remain in full force and effect as to the state affected as to all severable matters.

Sec. 8.06. Nothing in this Compact diminishes or otherwise impairs the jurisdiction, authority, or discretion of either of the following:

(1) the United States Nuclear Regulatory Commission pursuant to the Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 2011 et seq.); or

(2) an agreement state under Section 274 of the Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 2021).

Sec. 8.07. Nothing in this Compact confers any new authority on the states or Commission to do any of the following:

(1) Regulate the packaging or transportation of low-level radioactive waste in a manner inconsistent with the regulations of the United States Nuclear Regulatory Commission or the United States Department of Transportation.

(2) Regulate health, safety, or environmental hazards from source, byproduct, or special nuclear material.

(3) Inspect the activities of licensees of the agreement states or of the United States Nuclear Regulatory Commission.

(Added 1993, No. 137 (Adj. Sess.), § 2.)

Chapter 164 Comprehensive Mercury Management

§ 7101 Legislative findings

The General Assembly finds and declares that:

(1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment and poses a serious threat to humans, particularly young children and the developing fetus, and wildlife.

(2) Recent EPA research concludes that 16 percent of American women of childbearing age have unsafe mercury blood levels and that the annual number of newborn infants at risk in the United States is 630,000.

(3) The primary means of human exposure to mercury is the consumption of contaminated fish and shellfish.

(4) Vermont and all other northeastern states have issued Statewide fish consumption mercury contamination advisories that recommend limiting or avoiding the consumption of certain freshwater fish caught locally.

(5) While the Vermont Departments of Environmental Conservation, Fish and Wildlife, and Health have undertaken a long-term collaboration to monitor and report on fish tissue mercury in Vermont waters, most lakes and streams remain untested. Of the 560 lakes and ponds tracked by the Department of Environmental Conservation, only 60 of the largest have been monitored for fish mercury. For inland lakes, this corresponds to 51 percent of the lake acreage in Vermont. Only 22 river or stream sites have been tested for fish mercury. This current monitoring approach is not designed to track changes in fish mercury over time in response to management actions and does not address mercury impacts on fish-eating wildlife.

(6) The U.S. Food and Drug Administration and the Vermont Department of Health recommend limiting the consumption of certain commercial saltwater fish, including canned tuna.

(7) Human exposure to mercury can result in nervous system, kidney, and liver damage and impaired childhood development.

(8) There has been a threefold increase in mercury loading to the environment over the past 150 years. Much of the mercury deposited from the atmosphere is from human and natural sources, but anthropogenic emissions exceed those that occur naturally.

(9) More than one-half of the mercury deposition is from out-of-region sources, with the largest being coal-burning power plants (utility boilers) and industrial boilers.

(10) While mercury-added switches have been eliminated from currently manufactured U.S. and foreign manufactured motor vehicles, mercury-added switches are still prevalent in end-of-life motor vehicles previously manufactured. Collection programs for these vehicle switches at end-of-life of the vehicle have proven to be a feasible method to reduce a significant source of mercury release to the region.

(11) Implementation of the 1998 New England Governors and Eastern Canadian Premiers Mercury Action Plan has led to a decrease in regional mercury emissions of more than 55 percent—primarily due to emissions controls on municipal combustors and medical waste incinerators, both of which burn discarded mercury-added products.

(12) The New England Governors and Eastern Canadian Premiers have set an interim goal in the Mercury Action Plan of 75 percent reduction in anthropogenic emissions by 2010. Achieving this goal will require further reduction measures from in-region combustion sources, such as power plants, industrial and commercial boilers, and sewage sludge incinerators, and will require reducing mercury releases that occur through disposal and breakage of products that contain mercury.

(13) Many of the states in the region, including Connecticut, Maine, New York, and Rhode Island, have adopted comprehensive mercury-added product legislation to identify and eliminate unnecessary uses of mercury.

(14) Significant use of mercury-added products occurs in health care facilities, schools, and dental practices, in all of which mercury use or release reduction is technically and economically feasible.

(15) The Mercury Task Force of the Conference of New England Governors and Eastern Canadian Premiers adopted a goal to reduce dental wastewater discharges of mercury by having 50 percent of dentists install amalgam separators in each state or jurisdiction by the end of 2005.

(16) In 1998, the Vermont General Assembly passed legislation requiring labeling of mercury-added products and banned the disposal of these labeled products in landfills. The Agency and municipal solid waste districts implemented numerous mercury education and reduction programs to reduce mercury use in products and to collect spent mercury-added products for proper recycling and disposal. Public education is essential to reducing improper disposal of spent mercury-added products.

(17) Vermont’s mercury product legislation passed in 1998 does not comprehensively restrict the sale and use of mercury-added products.

(18) Studies conducted for the state of Maine show that mercury-free alternatives exist for a majority of the thousands of products containing mercury components. These products include thermometers, thermostats, flow meters, barometers, manometers, medical devices, and electrical switches and relays.

(19) Studies conducted for the state of Maine show that manufacturers are beginning to market mercury-free versions of all types of mercury-added button cell and other miniature batteries.

(20) Novelty products using mercury have been banned from sale in several states.

(21) All fluorescent lamps contain mercury and can create an immediate public health and environmental hazard when they accidentally break during installation, use, transportation, storage, recycling, or disposal. Light-emitting diode (LED) replacements for fluorescent lamps do not contain any mercury.

(22) Fluorescent lamps are no longer the most energy-efficient lighting option in the marketplace. Lamps that contain LEDs have advanced significantly and today use approximately half the electricity as fluorescent lamps to produce the same amount of light. LEDs also last two to three times longer than fluorescent lamps.

(23) Fluorescent lamps are no longer the least life-cycle cost (LLCC) option because they cost twice as much to operate compared to an LED. LED retrofit tubes are the LLCC, and they pay for the slightly higher first cost in a matter of one to eight months, depending on price and application. After paying back initial costs, the LED tubes continue to operate for years to come, saving consumers and businesses on their lighting bills.

(24) LED retrofit lamps are widely available in a comprehensive set of sizes, shapes, lengths, and light colors. There are over 10,000 models of four-foot LED retrofit tubes that can replace fluorescent T5, T8, and T12 in the Design Lights Consortium Qualified Product List database.

(25) Suppliers who sold fluorescent lamps in Vermont after July 1, 2012 made a profit from the sales of those lamps in the State, and they should remain responsible for ensuring the safe collection at the end-of-life of those lamps due to the toxic nature of the mercury contained in the products they sold.

(26) Citizens of Vermont, the Vermont environment, and the Agency will benefit from comprehensive mercury product legislation that further reduces mercury emissions and is consistent with model mercury product legislation developed jointly by the northeast states.

(Added 2005, No. 13, § 1; amended 2021, No. 120 (Adj. Sess.), § 1, eff. July 1, 2022.)

§ 7102 Definitions

As used in this chapter:

(1) “Agency” means the Vermont Agency of Natural Resources.

(2) “Elemental mercury” means the chemical symbol Hg. Elemental Hg is a silvery-white liquid (at room temperature) with an atomic number of 80 and an atomic mass of 200.57.

(3) “Fabricated mercury-added product” means a product that consists of a combination of individual components that combine to make a single unit, including mercury-added measuring devices, lamps, and switches.

(4) “Formulated mercury-added product” means a product that is sold as a consistent mixture of chemicals to which mercury or a mercury compound has been intentionally added in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason. This includes laboratory chemicals, cleaning products, cosmetics, pharmaceuticals, and coating materials. For the purposes of this chapter, formulated mercury-added product does not include pharmaceuticals, pharmaceutical products, biological products, or any substance that may be lawfully sold over the counter without a prescription under the federal Food, Drug, and Cosmetics Act, 21 U.S.C. §§ 301 et seq. “Biological product” means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product or an analogous product, or asphenamine (a derivative of arsphenamine) or any other trivalent organic arsenic compound used for the prevention, treatment, or cure of a disease or condition of human beings.

(5) “Large appliance” includes the following items: refrigerators, washing machines, clothes dryers, ranges, water heaters, dishwashers, freezers, microwave ovens, air conditioners, portable heaters, and other similar domestic and commercial appliances as may be identified by the Agency by rule.

(6)(A) “Manufacturer” means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that:

(i) produces a mercury-added product; or

(ii) serves as an importer or domestic distributor of a mercury-added product produced outside the United States.

(B) This definition shall not apply to retailers for whom importing is not their primary business.

(C) In the case of a multicomponent mercury-added product, the manufacturer is the last manufacturer to produce or assemble the product.

(D) In the case of mercury-containing thermostats, the manufacturer is the original equipment manufacturer.

(7) “Mercury-added component” means a mercury-added product that is incorporated into another product to form a fabricated mercury-added product, including electrical switches, relays, and lamps.

(8) “Mercury-added novelty” means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, items of apparel (including footwear), and similar products.

(9) “Mercury-added product” means a product, a commodity, a chemical, a product with one or more components, or a product that cannot function without the use of that component, that contains mercury or a mercury compound intentionally added to the product, commodity, chemical, or component in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason. These products include formulated mercury-added products and fabricated mercury-added products.

(10) “Mercury fever thermometer” means a mercury-added product that is used for measuring body temperature. This does not include a fever thermometer with a mercury-added button cell battery.

(11) “Motor vehicle” means a vehicle propelled by an internal combustion engine or an electric motor, such as an automobile, van, truck, motorized construction equipment, motorized recreational vehicle, motorcycle, or forklift.

(12) “End-of-life motor vehicle” means a motor vehicle that has not been intentionally flattened, crushed, shredded, or baled if sold, given, or otherwise conveyed to a motor vehicle recycler or scrap metal recycling facility for the purpose of recycling.

(13) “Mercury-added vehicle switch” means a capsule, commonly known as a bullet, containing mercury, that is part of a convenience light switch assembly for motor vehicle trunks and hoods or is part of the anti-lock brake system.

(14) “Motor vehicle recycler” means an individual or entity engaged in the business of acquiring, dismantling, parts recycling, or destroying six or more end-of-life motor vehicles in a year.

(15) “Scrap metal recycling facility” means a facility at a fixed location that uses equipment to process and refabricate scrap metal into prepared grades and principally produces scrap iron, steel, or nonferrous metallic scrap for sale.

(16) “Mercury-containing thermostat” means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment. “Mercury-containing thermostat” includes thermostats used to sense and control room temperature in residential, commercial, industrial, and other buildings but does not include a thermostat used to sense and control temperature as part of a manufacturing process.

(17) “Person” means any individual, corporation, partnership, cooperative, association, firm, sole proprietorship, governmental agency, or other entity.

(18) “Thermostat retailer” means a person who sells thermostats of any kind directly to homeowners or other nonprofessionals through any selling or distribution mechanism, including sales using the Internet or catalogues. A retailer may also be a wholesaler if it meets the definition of wholesaler.

(19) “Thermostat wholesaler” means a person that is engaged in the distribution and wholesale sale of heating, ventilation, and air-conditioning components to contractors who install heating, ventilation, and air-conditioning components.

(20) “Four-foot linear fluorescent lamp” means a general purpose, low-pressure, mercury-containing, electric-discharge light source in which a fluorescing coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics:

(A) two bases or endcaps of any type, including single-pin, two-pin, or recessed double contact;

(B) light emission between a correlated color temperature of 1700K and 24000K and a Duv of +0.024 and –0.024 in the International Commission on Illumination (CIE) Uniform Color Space (CAM02-UCS);

(C) all tube diameters, including T2, T5, T8, T10, and T12; and

(D) four feet in length.

(Added 2005, No. 13, § 1; amended 2005, No. 117 (Adj. Sess.), § 1; 2007, No. 149 (Adj. Sess.), § 2; 2021, No. 120 (Adj. Sess.), § 2, eff. July 1, 2022.)

§ 7103 Multistate clearinghouse

The Agency is authorized to participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this chapter, to coordinate State review of manufacturer notification under section 7104 of this title, applications for alternative product labeling under section 7106 of this title, exemption requests from product sale restrictions under section 7105 of this title, education and outreach activities, and to coordinate any other activities related to the administration of this chapter. Notwithstanding 1 V.S.A. § 317, the Agency may provide the multistate clearinghouse with product information submitted to the Department under section 7104 of this title, and the Agency and the multistate clearinghouse may compile or publish analyses or summaries of such information, provided the analyses or summaries do not identify any manufacturer or reveal any confidential information.

(Added 2005, No. 13, § 1.)

§ 7104 Notification

(a) Effective July 1, 2006, no mercury-added product may be offered for final sale, sold at a final sale, or distributed in Vermont, unless the manufacturer or its designated industrial trade group gives prior notification in writing to the Agency or the multistate clearinghouse described in section 7103 of this chapter, as provided in this section. This notification, in a form approved by the Agency, at a minimum shall include:

(1) a brief description of the product or category of products to be offered for sale or distributed;

(2) the purpose for which mercury is used in each individual product or category of products;

(3) the amount of mercury in each unit of the product or product component, reported as an exact number or as falling within a range approved by the Agency;

(4) the name and address of the manufacturer, or manufacturers, and the name, address, and telephone number of a contact person for the manufacturer; and

(5) the total amount of mercury in all units of the product or product components sold in the United States during the most recent calendar year for which sales figures are available, reported either for the units or components sold by the manufacturer or as aggregated by a manufacturer trade association for all units of the product or components made by the industry.

(b) With the approval of the Agency or multistate clearinghouse, the manufacturer may supply the information required in this section for a product category rather than an individual product. The manufacturer or its designated industrial trade group shall revise the information in the notification whenever there is a significant change in the information or when requested by the Agency or the multistate clearinghouse. The information required under subdivision (a)(5) of this section must be updated and provided to the Agency or multistate clearinghouse every three years on a date established through the multistate clearinghouse.

(c) [Repealed.]

(d) The requirements of this section do not apply to drugs approved by the U.S. Food and Drug Administration or to any mercury-added product for which federal law governs notice in a manner that preempts State authority.

(e) Public disclosure of any business information submitted to the Agency pursuant to this section shall be governed by the requirements of 1 V.S.A. § 317. Notwithstanding the provisions of 1 V.S.A. § 317, the Agency may provide the multistate clearinghouse with copies of that information, and the Agency, in consultation with the clearinghouse, may compile or publish analyses or summaries of that information, provided the analyses or summaries do not identify any manufacturer or reveal any confidential information.

(Added 2005, No. 13, § 1; amended 2005, No. 117 (Adj. Sess.), § 2.)

§ 7105 Restrictions on the sale and use of certain mercury-added products

(a) Novelties. After July 1, 2006, no mercury-added novelty may be offered for sale, sold at final sale, or distributed in Vermont. This ban on sale or distribution shall not apply to a novelty incorporating one or more button cell batteries, or one or more mercury-added lamps, as its only mercury-added components. Manufacturers that produce and sell mercury-added novelties must notify retailers about the provisions of this product ban and how to return the remaining inventory to the manufacturer.

(b) Thermometers and thermostats. After July 1, 2006, no mercury fever thermometer or mercury-containing thermostat for the control of space heating or cooling may be offered for final sale, sold at final sale, or distributed in Vermont.

(c) Dairy manometers. After January 1, 2006, no mercury dairy manometer may be offered for final sale, sold at a final sale, or distributed in Vermont, with the exception of a mercury dairy manometer purchased by a licensed dairy service provider to calibrate customers’ manometers and other milking equipment. The Agency of Agriculture, Food and Markets will notify dairy service providers of this product ban and how to dispose properly of remaining inventory. The Agency of Agriculture, Food and Markets and Vermont solid waste districts and municipalities will continue their education, outreach, and assistance programs for dairy farms, focusing on the hazards of mercury, and encouraging dairy farmers to replace their mercury-containing manometers with mercury-free alternatives in an effort to help further reduce mercury in the environment.

(d) Elemental mercury.

(1) Effective July 1, 2006, no person may sell or provide elemental mercury to another person in Vermont, except for recycling or disposal purposes, without providing a “material safety data sheet,” as defined in 42 U.S.C. § 11049, and requiring the purchaser or recipient to sign a statement that the purchaser:

(A) will use the mercury only for medical, manufacturing, or research purposes;

(B) understands that mercury is toxic, and the purchaser or recipient will store and use it appropriately so that no person is exposed to the mercury; and

(C) will not place the mercury in solid waste for disposal or in a wastewater treatment and disposal system and will not allow anyone under the purchaser’s or recipient’s control to place or cause mercury to be placed in such a location.

(2) Effective July 1, 2006, no person may purchase elemental mercury from someone outside the State of Vermont for use in Vermont without a certified statement from the purchaser provided to the Agency, certifying that the conditions specified in subdivision (1) of this subsection, if applicable, have been met. These conditions shall not apply to the sale or provision of elemental mercury for manufacturing, recycling, or disposal purposes.

(e) Instruments, measuring devices, and neon signs.

(1) Effective January 1, 2007, none of the following mercury-added products may be offered for final sale, sold at a final sale, or distributed in Vermont as a new manufactured product:

(A) a barometer;

(B) an esophageal dilator, bougie tube, or gastrointestinal tube;

(C) a flow meter;

(D) a hydrometer;

(E) a hygrometer or psychrometer;

(F) a manometer other than a manometer prohibited from sale under subsection (c) of this section;

(G) a pyrometer;

(H) a sphygmomanometer;

(I) a thermometer that contains elemental mercury, other than a mercury fever thermometer; and

(J) a mercury-added neon type sign.

(2) This prohibition does not apply to the sale of a mercury-added product listed in subdivisions (1)(A)-(J) of this subsection if use of the product is a federal requirement, or if the only mercury-added component of the product is a button cell battery. This prohibition does not apply to the sale of mercury-added lamps when used in semiconductor manufacturing and other manufacturing operations.

(f) Mercury switches and relays. Effective January 1, 2007, no mercury switch or mercury relay, individually or as a product component, may be offered for final sale, sold at a final sale, or distributed in Vermont as a new manufactured product. This subsection does not apply to the sale of a mercury switch or mercury relay if the manufacturer provides satisfactory documentation that the use of the switch or relay is a federal requirement.

(g) Fluorescent lamps. Beginning on January 1, 2024, no four-foot linear fluorescent lamp may be offered for final sale, sold at final sale, or distributed in Vermont as a new manufactured product.

(h) Exclusion for existing equipment. The prohibitions in subsections (e) and (f) of this section do not apply if the switch, relay, or measuring device is used to replace a switch, relay, or measuring device that is a component of a larger product in use prior to January 1, 2007, provided the owner of that equipment has made every reasonable effort to determine that no compatible nonmercury replacement component exists.

(i) Exemptions.

(1) A manufacturer of a mercury-added switch, relay, or measuring device may apply to the Agency and notify the multistate clearinghouse for an exemption from the sales ban in subsections (e) and (f) of this section, provided that exemption shall be for not more than five years. With Agency approval, an agent of the manufacturer, who may be a user, may apply for an exemption.

(2) The manufacturer or agent of the manufacturer seeking an exemption to offer for sale, sell, or distribute a switch, relay, or measuring device in Vermont after January 1, 2007 shall apply for the exemption not later than March 1, 2006. Exemption applications for new types of switches, relays, or measuring devices developed and intended to begin initial sale or distribution after January 1, 2007 must be received at least nine months prior to the intended offer for sale, the sale, or the distribution in Vermont.

(3) Application for the exemption or exemption renewal shall be on a form and be supported by the information and materials required by the agency. The exemption application shall document the basis for the requested exemption or renewal of exemption and describe how the manufacturer will ensure that a system exists for the proper collection, transportation, and processing of the switches, relays, or measuring devices at the end of their useful life.

(4) The Agency may grant an exemption with or without conditions upon findings that:

(A) a system exists for the proper collection, transportation, and processing of the product at the end of its life, including a system for the direct return of a waste product to the manufacturer or a collection and recycling system that is supported by an industry or trade group, or other similar private or public sector efforts;

(B) one of the following applies:

(i) use of the product provides a net benefit to the environment, public health, or public safety when compared to available nonmercury alternatives; or

(ii) technically feasible alternatives are not available at reasonable cost; and

(C) with respect to renewals of an exemption, in addition to subdivisions (A) and (B) of this subdivision (4), reasonable efforts have been made to remove mercury from the product.

(5) Prior to issuing an exemption or conditional exemption, the Agency may consult with the multistate clearinghouse and other states to promote consistency in the implementation of this section.

(6) The Agency may renew, for a period not longer than five years, an exemption or conditional exemption one or more times if the manufacturer applies for renewal, and the Agency finds that the manufacturer meets the requirements for that exemption, and that the manufacturer has complied with all the conditions of the original approval. With Agency approval, an agent of the manufacturer may apply for the exemption renewal.

(7) The prohibition in subsection (g) of this section shall not apply to the following four-foot linear fluorescent lamps:

(A) lamps used for image capture and projection, including photocopying, printing directly or in pre-processing, lithography, film and video projection, and holography; and

(B) lamps that have high proportions of ultraviolet light emission, including only the following:

(i) lamps with high ultraviolet content that have ultraviolet power >2 milliwatts per kilolumen (mW/klm);

(ii) lamps for germicidal use or destruction of DNA that emit a peak radiation of approximately 253.7 nanometers;

(iii) lamps used for disinfection or fly trapping where the radiation power emitted is between 250–315 nanometers represents >5 % or is between 315–400 nanometers represents >20 % of the total radiation power emitted is between 250–800 nanometers;

(iv) lamps used for the generation of ozone where the primary purpose is to emit radiation at approximately 185.1 nanometers;

(v) lamps used for coral zooxanthellae symbioses where the radiation power emitted between 400–480 nanometers represents >40 % of total radiation power emitted is between 250–800 nanometers; and

(vi) any lamp intended for use in a sunlamp product, as that term is defined in 21 C.F.R. § 1040.20.

(Added 2005, No. 13, § 1; amended 2005, No. 117 (Adj. Sess.), § 3; 2007, No. 63, § 2; 2021, No. 120 (Adj. Sess.), § 3, eff. July 1, 2022; 2023, No. 6, § 83, eff. July 1, 2023; 2023, No. 85 (Adj. Sess.), § 10, eff. July 1, 2024.)

§ 7106 Labeling of mercury-added products

(a) No mercury-added product may be offered for final sale, sold at a final sale, or distributed in Vermont after July 1, 2007, unless both the product and its packaging are labeled in accordance with this section. This requirement also may be met by compliance with the terms of any approved alternative labeling method granted under subsection (h) or (i) of this section. A retailer may not be found in violation of this subsection if the retailer lacked knowledge that the product contained mercury.

(b) This section shall not apply to mercury-added button cell batteries, products containing mercury-added button cell batteries, photographic film, or the packaging of these products.

(c) If a mercury-added component is part of another product, the product containing the component, the component, and the product package must be labeled. The label on a product containing a mercury-added component shall identify the component with sufficient detail so that it may be readily located for removal.

(d) All labels must be legible and must clearly inform the purchaser or consumer, using words or symbols, in a minimum of 10 point font type, that mercury is present in the product and clearly specify that the mercury-added product should not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled, or otherwise managed to ensure that the mercury in the product does not become mixed with other solid waste or wastewater. Component, product, and package labels must be placed such that they are clearly visible. A label must also be visible prior to sale.

(e) Labels affixed to the product or any component shall be constructed of materials that are sufficiently durable to remain legible for the useful life of the product.

(f) Responsibility for product and package labels required under this section shall be on the manufacturer. In the case of a multi-component product in which a mercury-added component is included, the responsible manufacturer is the last manufacturer to produce or assemble the product. In the case of a mercury-added product imported from a foreign country, the importer shall assure the manufacturer has complied with this section before the offering for final sale or distribution of the product in Vermont.

(g) Any mercury-added product for which federal law governs labeling in a manner that preempts State authority shall be exempt from the requirements of this section. This section shall not apply to prescription drugs or any substance that may lawfully be sold over the counter without a prescription under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq.

(h) Alternative methods of labeling are as follows:

(1)(A) A manufacturer may apply to the Agency or the multistate clearinghouse for an alternative to the requirements of subsections (a) through (f) and (i) of this section where:

(i) strict compliance with the requirements is not feasible as determined by the Agency;

(ii) the proposed alternative would be at least as effective in providing presale notification of mercury content;

(iii) the proposed alternative would be at least as effective in providing instructions on proper disposal; or

(iv) federal law governs labeling in a manner that preempts State authority.

(B) The Agency may approve an alternative concerning a certain product category without application by manufacturers, but the Agency must consider other alternatives for the category upon application by a manufacturer for the use of an unapproved alternative.

(2) Applications for an alternative to the requirements of subsections (a) through (f) and (i) of this section must:

(A) document the justification for the requested alternative;

(B) describe how the alternative ensures that purchasers or recipients of mercury-added products are made aware of mercury content prior to purchase or receipt;

(C) describe how a person discarding the mercury-added product will be made aware of the need for proper handling to ensure that it does not become part of solid waste or wastewater;

(D) document the readiness of all necessary parties to implement the proposed alternative; and

(E) describe the performance measures to be utilized by the manufacturer to demonstrate that the alternative is providing effective presale notification and predisposal notification.

(3) The Agency may grant, deny, or approve with modifications or conditions a request for an alternative to the requirements of subsections (a) through (f) and (i) of this section. This approval of an alternative shall be for a period, specified by the Agency, of no less than two years. The Agency may review alternatives and modify or condition a previously approved alternative after providing notice to the affected parties. Modifications shall be implemented within a time frame approved by the Agency, which shall not exceed two years. Requests for renewals shall be submitted 90 days before the expiration of the approval. Prior to approving an alternative, the Agency may consult with states, provinces, and regional organizations to review consistency with other states that have similar legislation.

(4) Alternatives that authorize font sizes less than 10-point type that have been approved by the Agency prior to July 1, 2005 shall remain in effect until July 1, 2015.

(i) The following alternative methods of labeling for specific products are approved, and no further Agency approval is required:

(1) Labeling of a large appliance sold in a store where that appliance is on display shall meet all requirements of subsections (a) through (f) of this section, except that no package labeling is required.

(2) Labeling of all new motor vehicles shall meet all the requirements of subsections (a) through (f) of this section, except that the mercury-added components are not required to be labeled. A driver’s side doorpost label applied by the manufacturer shall list the mercury-added components that may be present on the vehicle. Only in the case of a trade of a new vehicle by a dealer with a dealer in another state shall the motor vehicle dealer be responsible for applying the doorpost label to the vehicle. No labeling of used motor vehicles shall be required. For motor vehicles without doorposts, label placement will be subject to the approval of the Agency.

(3)(A) Labeling of products that contain, as their only mercury-added components, one or more lamps not intended to be replaceable by the user or consumer that are used for one or more of the purposes enumerated in this subdivision shall meet all the requirements of subsections (a) through (f) of this section, except no label is required on the internal lamp, no label is required on the package, and no label is required to be visible prior to purchase. A label must be included in the care and use manual or in the event that no care and use manual is produced for the product, the product instructions.

(i) Lamp purposes subject to this subdivision shall be:

(I) backlighting;

(II) liquid crystal display (LCD) panel;

(III) scanning images; or

(IV) copying images.

(ii) This subdivision (A) shall apply to products containing lamps used for other purposes, if those products are approved under subsection (h) of this section, except that there need not be compliance in this instance with the requirement established in subdivision (h)(1)(A)(ii), regarding the effectiveness of the proposed alternative.

(B) Labeling of products with a screen or LCD panel less than seven inches on the diagonal that contain, as their only mercury-added components, one or more lamps not intended to be replaceable by the user or consumer that are used for backlighting shall meet all the requirements of subsections (a) through (c) of this section by placing the label on the product or in the care and use manual or in the event that no care and use manual is produced for the product, the product instructions. No label is required on the internal lamp, and no label shall be required to be visible prior to purchase.

(C) Labeling of a product that contains as its only mercury-added components a lamp or lamps at least one of which is intended to be replaceable by the user or consumer must meet the labeling requirements of subsections (a) through (f) of this section, except no label is required to be visible prior to purchase. A label must also be included in the care and use manual or in the event that no care and use manual is produced for the product, the product instructions. If the replaceable lamp is placed within a housing intended to be replaceable by the user or consumer, the housing must also be labeled.

(D) Labeling of replacement components for products in subdivision (A) or (B) of this subdivision (3) shall meet all the requirements of subsections (a) through (f) of this section by labeling the package on the replacement component.

(4) [Repealed.]

(j) A manufacturer who offers for final sale, sells at a final sale, or distributes a product subject to the labeling requirements of this section shall certify to the Secretary, on a form provided by the Secretary, that the label conforms to the requirements of subsection (d) or (i) of this section.

(Added 2005, No. 13, § 1; amended 2005, No. 117 (Adj. Sess.), § 4; 2007, No. 63, § 3, eff. June 4, 2007; 2009, No. 56, § 26.)

§ 7107 Discarded mercury-added products

(a) Management of discarded mercury-added products. After July 1, 2007, discarded mercury-added products, except for mercury-added button cell batteries, products containing mercury-added button cell batteries as their only mercury-added components, and photographic film shall be managed as provided in this section.

(1) Disposal ban. No person shall knowingly dispose of mercury-added products in a solid waste landfill or combustor.

(2) Source separation. Except as otherwise provided by this section, every person who discards solid waste shall separate mercury-added products from that solid waste for management as hazardous waste or universal hazardous waste, according to all applicable State and federal rules or regulations. Any contractor who replaces or removes mercury-added products shall assure that any discarded mercury-added product is subject to proper separation and management as a hazardous waste or universal hazardous waste. Any contractor who replaces a mercury-containing thermostat from a building shall deliver the mercury-containing thermostat to an appropriate collection location for recycling.

(b) Facility requirements. Solid waste transfer, combustion facility, and landfill facility requirements:

(1) Disposal ban. Effective July 1, 2007, the owner and operator of a solid waste landfill, transfer station, or combustion facility shall not knowingly accept for disposal mercury-added products.

(2) Notification of disposal ban. Effective July 1, 2007, solid waste transfer facilities, solid waste combustion facilities, and landfill facilities shall implement the following minimum mechanisms to notify the public and haulers of the disposal ban:

(A) posting of clearly visible and easily read signs at the facility, providing notice of the prohibition of the disposal and combustion of mercury-added products; and

(B) providing customers information about collection programs, and facilities that are permitted to accept mercury-added products.

(c) Collection program.

(1) By December 1, 1998, every solid waste implementation plan of every solid waste management district or municipality having such a plan shall be amended to provide for:

(A) an informational effort to advise the public about labeled mercury-added products; and

(B) a collection program for the collection of mercury-added products identified in subsection (a) of this section.

(2) These amended plans shall be implemented by each solid waste management district or municipality by June 1, 1999. Components of these amended plans that are related to subdivisions (1)(A) and (B) of this subsection shall not be required to receive approval from the Agency of Natural Resources.

(d) Removal of mercury-added components. The Agency shall conduct a study and make recommendations for requirements to remove effectively and feasibly mercury-added components in products prior to disposal or recycling processes. This report shall identify removal and collection systems at public and private solid waste management facilities and salvage businesses, manufacturer-sponsored or operated collection and take-back programs, and other feasible programs. The Agency will identify costs mechanisms for financing such programs. The study shall address removal and collection of mercury-added components in automobiles and the collection of switches, relays, and gauges in home appliances, heating devices, and other equipment. The Agency shall report to the General Assembly no later than January 15, 2006.

(e) Exemption for certain federally regulated products. If a formulated mercury-added product is a cosmetic or pharmaceutical product subject to the federal Food and Drug Administration’s regulatory requirements relating to mercury, the product is exempt from the requirements of this section.

(f) Exemption for solidified latex paint. Formulated mercury-added latex paint solidified for disposal is exempt from the requirements of this section.

(Added 2005, No. 13, § 1; amended 2005, No. 117 (Adj. Sess.), § 5; 2007, No. 149 (Adj. Sess.), § 3; 2019, No. 131 (Adj. Sess.), § 45.)

§ 7109 Mercury in schools

After July 1, 2006, no school in Vermont may use, or purchase for use, in a primary or secondary nonvocational education program, any of the following: elemental mercury, chemicals containing mercury or mercury compounds, or mercury-added measuring devices. Other mercury-added products that are used by schools are not subject to this prohibition. No person shall bring elemental mercury onto the premises or into the buildings of schools located in Vermont, including child care facilities, preschools, kindergartens, and primary and secondary schools.

(Added 2005, No. 13, § 1.)

§ 7110 Mercury-added products used in dental procedures

(a) Dental amalgam, a formulated mercury-added product, shall not be regulated by any other sections of this chapter.

(b) Vermont dental offices and vocational dental education programs shall use and instruct on the use of best management practices to minimize the presence of elemental mercury, unused amalgam, and waste amalgam in their wastewater discharge and in their solid waste. The Agency shall develop best management practices that include a requirement for an amalgam removal efficiency of at least 95 percent. The required best management practices shall be defined by a procedure of the Agency by January 1, 2006, including reporting requirements to verify compliance with best management practices. The Agency shall consult with the Vermont State Dental Society and other interested parties during the development of best management practices. Dental offices shall comply with best management practices.

(c) No later than January 1, 2007, a dental office that in the course of treating its patients places or removes dental amalgam must install an amalgam separator system in the wastewater discharge line. For the purposes of this section, an amalgam separator system means a device that removes dental amalgam from the waste stream prior to discharge into either the local public wastewater system or a private septic system located at the dental facility and that has been certified as conforming to the standards of ISO 11143, Dental Equipment—Amalgam Separators. A dental office must demonstrate proper installation, operation, maintenance, and amalgam waste recycling or disposal in accordance with the manufacturer’s recommendations by maintaining annual records on waste shipment and maintenance of the system and any other reporting required in subsection (b) of this section. Records of the previous three years shall be maintained at all times. Methods or technologies other than amalgam separators that achieve equivalent or greater dental amalgam discharge reductions and that are approved by the Agency shall be deemed to comply with the requirements of this subsection.

(d) Exemptions.

(1) The following categories of dental offices are exempt from the requirement to install an amalgam separator:

(A) Orthodontists;

(B) Periodontists;

(C) Endodontists;

(D) Oral and maxillofacial surgeons;

(E) A dental office that is scheduled to no longer be used as a dental office after July 1, 2007;

(F) Any other dental office that does not place or remove amalgam.

(2) A dental office in subdivision (1) of this subsection shall be exempt only if all dentists practicing at the site using a shared vacuum system qualify for an exemption.

(e) The Agency shall conduct a survey of dental offices once every five years, beginning July 1, 2006, to ascertain the use of dental amalgam. The survey results shall be provided to the Advisory Committee on Mercury Pollution for inclusion in their report to the General Assembly. The Agency shall consult with the Vermont State Dental Society for assistance in conducting the survey.

(f) For the purposes of this section:

(1) “Dental amalgam” or “amalgam” means a mixture of mercury and silver alloy that forms a hard solid metal dental restorative material. For purposes of this section, dental amalgam or amalgam shall include mercury and silver alloy precapsulated and ready for mixing.

(2) “Dental office” means any dental clinic, dental office, or dental practice.

(Added 2005, No. 13, § 1.)

§ 7111 Hospital mercury reduction plan

By July 1, 2006, each hospital in Vermont shall submit a mercury reduction plan to the Agency, consistent with guidance provided by the Agency. The plan will cover all patient care sites owned or operated by the hospital. The plan shall identify and quantify mercury use and disposal related to patient care, including equipment and chemicals to the extent known through mercury content information provided by manufacturers or maintained by the Agency through labeling plans and notification. The plan will also set target mercury use reduction goals from the 2002 baseline year and will identify measures to be taken by the hospital to reduce mercury in patient care settings through reductions in use of equipment and chemicals containing mercury and through modifications in the hospital’s purchasing policies and procedures with regard to products containing mercury. An updated plan shall be submitted on July 1, 2009 and each three years thereafter. The Agency may exempt a hospital from future plan updates if the hospital has achieved greater than 95 percent reduction in mercury use from the baseline year and has demonstrated to the Agency that written purchasing policies are in place to minimize or eliminate mercury use in products.

(Added 2005, No. 13, § 1.)

§ 7112 Public education and outreach

(a) The Agency and the Department of Health, in concert with other relevant State agencies, may implement a comprehensive public education, outreach, and assistance program for households, hazardous waste generators, municipalities, and solid waste management districts, small businesses, health care facilities, scrap metal facilities, dismantlers, institutions, schools, and other interested groups. These public education, outreach, and assistance programs should focus on the hazards of mercury, particularly those associated with the consumption of fresh and saltwater fish; the requirements and obligations of individuals, manufacturers, and agencies under this chapter; and voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment. These programs may also provide information to retailers, wholesalers, and the public on what products contain mercury, including those considered to be banned novelty items under section 7105 of this title; information on possible nonmercury alternatives; and information on products that do contain mercury, but may be environmentally beneficial. The Agency shall cooperate with manufacturers of mercury-added products and other affected businesses in the development and implementation of any public education and technical assistance programs. The Agency and the Department of Health may assist the municipalities and solid waste management districts in developing, designing, and disseminating information for the public about mercury-added products, the requirements of the law regarding the source separation of waste mercury-added products, and the collection programs that are available to the public, including any manufacturer-based reverse distribution system. A component of this information may be directed specifically at large public and private institutions that use and discard substantial numbers of waste mercury-added products and at any other large users of those products.

(b) The Agency shall cooperate with neighboring states and provinces and regional organizations in the northeastern United States and Canada to develop any outreach, assistance, and education programs, where appropriate.

(c) The Agency may develop an awards program to recognize the accomplishments of manufacturers, municipalities, solid waste management facilities, solid waste recycling facilities, household hazardous waste collection facilities, citizens, or others who go beyond the minimum requirements established under this chapter, and excel at reducing or eliminating mercury in air emissions, solid waste, and wastewater discharges.

(Added 2005, No. 13, § 1.)

§ 7113 Repealed

[Repealed]

2011, No. 148 (Adj. Sess.), § 13.

§ 7114 Mercury planning

(a) The Agency shall develop a plan and identify the necessary resources to accomplish the plan that would provide the necessary data to answer the following questions concerning mercury contamination of fish:

(1) Are fish contaminant levels changing with time and in response to management actions?

(2) Is there a baseline water-column concentration of mercury above which risks to humans and wildlife from mercury become unacceptable?

(b) The plan shall be developed in collaboration among the Departments of Environmental Conservation, of Fish and Wildlife, and of Health and be submitted to the General Assembly not later than January 15, 2006.

(Added 2005, No. 13, § 1.)

§ 7115 Rulemaking

The Secretary of Natural Resources is authorized to adopt rules necessary to implement this chapter.

(Added 2005, No. 13, § 1.)

§ 7116 Mercury-containing thermostats

(a) Manufacturer responsibility. Each thermostat manufacturer that has offered for final sale, sold at final sale, or has distributed mercury-containing thermostats in Vermont shall, individually or collectively:

(1) Not later than October 1, 2008 submit a plan to the Agency for approval that describes a collection and financial incentive program for mercury thermostats. The program contained in this plan shall ensure that the following take place:

(A) That an effective education and outreach program shall be developed and shall be directed toward wholesalers, retailers, contractors, and homeowners. There shall be no cost to thermostat wholesalers or thermostat retailers for education and outreach materials.

(B) That handling and recycling of mercury-containing thermostats are accomplished in a manner that is consistent with the provisions of the universal waste rules adopted by the Secretary.

(C) That containers for mercury-containing thermostat collection are provided to all thermostat wholesalers. The cost to thermostat wholesalers shall be limited to an initial, reasonable one-time fee per container as specified in the plan.

(D) That collection systems are provided to all collection points registered pursuant to subdivision (d)(3) of this section. Collection systems can include individual product mail back or multiple collection containers. The cost to registered collection points shall be limited to an initial, reasonable one-time fee per container as specified in the plan.

(E) That a financial incentive is established with a minimum value of $5.00 for the return of each mercury-containing thermostat to a thermostat wholesaler by a contractor or service technician. The financial incentive shall be in the form of cash or coupons that are redeemable by the contractor or service technician.

(F) That a financial incentive is established with a minimum value of $5.00 to homeowners or nonprofessionals for the return of each mercury-containing thermostat to a collection point registered with the Agency. The financial incentive shall be in the form of cash or in the form of a coupon that can be redeemed for cash from the manufacturer or can be redeemed for a credit toward purchase of general merchandise in the retail location where the thermostat was returned.

(G) Mechanisms to protect against the fraudulent return of thermostats are established.

(2) No later than April 1, 2009, implement a mercury thermostat collection plan approved by the Secretary under subdivision (d)(1) of this section.

(3) [Repealed.]

(b) Thermostat wholesaler and thermostat retailer responsibilities.

(1) By April 1, 2009, a thermostat wholesaler shall not offer for final sale, sell at final sale, or distribute thermostats unless the wholesaler:

(A) acts as a collection site for thermostats that contain mercury; and

(B) promotes and utilizes the collection containers provided by thermostat manufacturers to facilitate a contractor collection program as established by subsection (a) of this section, and all other tasks as needed to establish and maintain a cost-effective manufacturer collection and financial incentive program.

(2) By April 1, 2009, a thermostat retailer shall not offer for final sale, sell, or distribute thermostats in the State unless the thermostat retailer participates in an education and outreach program to educate consumers on the collection program for mercury thermostats.

(c) Sales prohibition. Beginning April 1, 2009, the following sales prohibitions shall apply to manufacturers, thermostat wholesalers, and thermostat retailers:

(1) A manufacturer not in compliance with this section is prohibited from offering any thermostat for final sale in the State, selling any thermostat at final sale in the State, or distributing any thermostat in the State. A manufacturer not in compliance with this section shall provide the necessary support to thermostat wholesalers and thermostat retailers to ensure the manufacturer’s thermostats are not offered for final sale, sold at final sale, or distributed in this State.

(2) A thermostat wholesaler or thermostat retailer shall not offer for final sale, sell at final sale, or distribute in this State any thermostat of a manufacturer that is not in compliance with this section.

(d) Agency responsibilities.

(1) Agency review. Within 60 days of receipt of a complete application from a manufacturer, the Agency shall review and may grant, deny, or approve with modifications a manufacturer plan required by subdivision (a)(1) of this section. The Agency shall not approve a plan unless all elements of subdivision (a)(1) are adequately addressed. In reviewing a plan, the Agency may consider consistency of the plan with collection and financial incentive requirements in other states and consider consistency between manufacturer collection programs. In reviewing plans, the Agency shall ensure that education and outreach programs are uniform and consistent to ensure ease of implementation by thermostat wholesalers and thermostat retailers.

(2) Public review. The Agency shall establish a process under which a plan submitted by a manufacturer is, prior to plan approval, available for public review and comment for 30 days. The Agency shall consult with interested persons, including representatives from thermostat manufacturers, environmental groups, thermostat wholesalers, thermostat retailers, service contractors, municipalities, and solid waste districts.

(3) Registered collection points. The Agency shall maintain and post on the Agency of Natural Resources’ website a list of municipalities, solid waste districts, and thermostat retailers who wish to register as collection points for mercury thermostats.

(4) Education and outreach. In conjunction with the educational and outreach programs implemented by manufacturers, the Agency shall conduct an education and outreach program directed toward wholesalers, retailers, contractors, and homeowners to promote the collection of discarded mercury-containing thermostats.

(5) [Repealed.]

(e) Rate of collection. By July 1, 2010, the Agency shall estimate the number of out-of-service thermostats generated in Vermont on an annual basis, in consultation with interested persons, including representatives from thermostat manufacturers, thermostat wholesalers, thermostat retailers, service contractors, environmental groups, municipalities, and solid waste districts. Beginning July 1, 2011, should collection efforts fail to result in the collection and recycling of at least 65 percent of the out-of-service mercury-containing thermostats in the State, the Agency shall, in consultation with interested persons, require modifications to manufacturers’ collection plans in an attempt to improve collection rates in accordance with these goals.

(Added 2007, No. 149 (Adj. Sess.), § 4; amended 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.)

Chapter 164A Collection and Disposal of Mercury-Containing Lamps

§ 7151 Definitions

As used in this chapter:

(1) “Agency” means the Agency of Natural Resources.

(2) “Covered entity” means any person who presents to a collection facility that is included in an approved plan:

(A) any number of compact fluorescent mercury-containing lamps; or

(B) 10 or fewer mercury-containing lamps that are not compact fluorescent lamps.

(3) “Lamp” means an electric lamp, including mercury-containing lamps, incandescent lamps, halogen lamps, and light-emitting diode lamps.

(4) “Manufacturer” means a person who:

(A) manufactures or manufactured a mercury-containing lamp under its own brand or label for sale in the State;

(B) sells in the State under its own brand or label a mercury-containing lamp produced by another supplier;

(C) owns a brand that it licenses or licensed to another person for use on a mercury-containing lamp sold in the State;

(D) imports into the United States for sale in the State a mercury-containing lamp manufactured by a person without a presence in the United States;

(E) manufactures a mercury-containing lamp for sale in the State without affixing a brand name; or

(F) assumes the responsibilities, obligations, and liabilities of a manufacturer as defined under subdivisions (A) through (E) of this subdivision (4), provided that the Secretary may enforce the requirements of this chapter against a manufacturer defined under subdivisions (A) through (E) of this subdivision (4) if a person who assumes the manufacturer’s responsibilities fails to comply with the requirements of this chapter.

(5) “Mercury-containing lamp” means a general purpose lamp to which mercury is intentionally added during the manufacturing process. “Mercury-containing lamp” does not mean a lamp used for medical, disinfection, treatment, or industrial purposes.

(6) “Program year” means the period from July 1 through June 30.

(7) “Retailer” means a person who sells a mercury-containing lamp to a person in the State through any means, including a sales outlet, a catalogue, the telephone, the Internet, or any electronic means.

(8) “Secretary” means the Secretary of Natural Resources.

(9) “Sell” or “sale” means any transfer for consideration of title or of the right to use by lease or sales contract a mercury-containing lamp to a person in the State of Vermont. “Sell” or “sale” does not include the sale, resale, lease, or transfer of a used mercury-containing lamp or a manufacturer’s or a distributor’s wholesale transaction with a distributor or a retailer.

(10) “Stewardship organization” means an organization, association, or entity that has developed a system, method, or other mechanism which assumes the responsibilities, obligations, and liabilities under this chapter of multiple manufacturers of mercury-containing lamps.

(Added 2011, No. 36, § 2, eff. May 19, 2011.)

§ 7152 Sale of mercury-containing lamps; stewardship organization registration

(a) Sale prohibited. Beginning on July 1, 2012, except as set forth under section 7155 of this title, a manufacturer of a mercury-containing lamp shall not sell, offer for sale, or deliver to a retailer for subsequent sale a mercury-containing lamp unless all of the following have been met:

(1) The manufacturer is implementing an approved collection plan.

(2) The manufacturer has paid the fee under section 7158 of this title.

(3) The name of the manufacturer and the manufacturer’s brand are designated on the Agency of Natural Resources’ website as covered by an approved plan.

(4) The manufacturer has submitted an annual report under section 7153 of this title.

(5) The manufacturer has conducted a plan audit consistent with the requirements of subsection 7153(b) of this title.

(6) The manufacturer has demonstrated that no alternative non-mercury energy efficient lamp is available that provides the same or better overall performance at a cost equal to or better than the classes of lamps that the manufacturer proposes to sell.

(b) Stewardship organization registration requirements.

(1) Beginning January 1, 2012 and annually thereafter, a stewardship organization shall file a registration form with the Secretary. The Secretary shall provide the registration form to a stewardship organization. The registration form shall include:

(A) a list of the manufacturers participating in the stewardship organization;

(B) the name, address, and contact information of a person responsible for ensuring the manufacturer’s compliance with this chapter;

(C) a description of how the stewardship organization meets the requirements of subsection 7155(b) of this title, including any reasonable requirements for participation in the stewardship organization; and

(D) the name, address, and contact information of a person for a nonmember manufacturer to contact on how to participate in the stewardship organization to satisfy the requirements of this chapter.

(2) A renewal of a registration without changes may be accomplished through notifying the Agency of Natural Resources on a form provided by the Agency.

(Added 2011, No. 36, § 2, eff. May 19, 2011.)

§ 7153 Annual report; plan audit

(a) Annual report. At the end of each program year, a manufacturer of a mercury-containing lamp shall submit an annual report to the Secretary that contains the following:

(1) A description of the collection program.

(2) The number and type of mercury-containing lamps collected and the collection facility from which the lamps were collected.

(3) An estimate of the number of mercury-containing lamps available for collection and the methodology used to develop this number. Sales data and other confidential business information provided under this section shall not be subject to inspection and review pursuant to 1 V.S.A. chapter 5, subchapter 3 (access to public records). Confidential information shall be redacted from any final public report.

(4) The steps that the manufacturer has taken during the past program year to improve the collection rate and life cycle performance of mercury-containing lamps.

(b) Plan audit. Once every five years, the manufacturer shall hire an independent third party to audit the plan and plan operation. The auditor shall examine the effectiveness of the program in collecting and disposing of mercury-containing lamps. The auditor shall examine the cost-effectiveness of the program and compare it to that of collection programs for mercury-containing lamps in other jurisdictions. The auditor shall make recommendations to the Secretary on ways to increase program efficacy and cost-effectiveness.

(Added 2011, No. 36, § 2, eff. May 19, 2011.)

§ 7154 Collection plans

(a) Collection plan required. Prior to February 1, 2012, a manufacturer, individually or as a participant in a stewardship organization, shall submit a collection plan to the Secretary for review.

(1) Free collection of mercury-containing lamps. The collection program shall provide for free collection of mercury-containing lamps from covered entities. A manufacturer shall accept all mercury-containing lamps collected from a covered entity and shall not refuse the collection of a mercury-containing lamp based on the brand or manufacturer of the mercury-containing lamp. The collection program shall also provide for the payment of the costs for recycling and transportation from a collection facility to a recycler.

(2) Convenient collection location. The manufacturer shall develop a collection program that:

(A) allows all municipal collection locations and all retailers that sell mercury-containing lamps to opt to be a collection facility; and

(B) at a minimum, has not less than two collection facilities in each county.

(3) Public education and outreach. The collection plan shall include an education and outreach program that may include media advertising, retail displays, articles in trade and other journals and publications, and other public educational efforts. At a minimum, the education and outreach program shall notify the public of the following:

(A) that there is a free collection program for mercury-containing lamps;

(B) the location of collection points and how a covered entity can access this collection program; and

(C) the special handling considerations associated with mercury-containing lamps.

(4) Compliance with appropriate environmental standards. In implementing a collection plan, a manufacturer shall comply with all applicable laws related to the collection, transportation, and disposal of mercury-containing lamps. A manufacturer shall comply with any special handling or disposal standards established by the Secretary for a mercury-containing lamp or for the collection plan of the manufacturer.

(b) Term of collection plan. A collection plan approved by the Secretary under section 7156 of this title shall have a term not to exceed five years, provided that the manufacturer remains in compliance with the requirements of this chapter and the terms of the approved plan.

(Added 2011, No. 36, § 2, eff. May 19, 2011.)

§ 7155 Stewardship organizations

(a) Participation in a stewardship organization. A manufacturer may meet the requirements of this chapter by participating in a stewardship organization that undertakes the manufacturer’s responsibilities under sections 7152, 7153, and 7154 of this title.

(b) Qualifications for a stewardship organization. To qualify as a stewardship organization under this chapter, an organization shall:

(1) commit to assume the responsibilities, obligations, and liabilities of all manufacturers participating in the stewardship organization;

(2) represent at least 45 percent of the market share of mercury-containing lamps sold in the State;

(3) not create unreasonable barriers for participation in the stewardship organization; and

(4) maintain a public website that lists all manufacturers and manufacturers’ brands covered by the stewardship organization’s approved collection plan.

(c) Exemption from antitrust provisions. A stewardship organization and manufacturers participating in a stewardship organization subject to the requirements of this chapter may engage in anticompetitive conduct to the extent necessary to develop and implement the collection plan required by this chapter. A stewardship organization or a manufacturer participating within a stewardship organization that is engaged in anticompetitive conduct under this subsection shall be immune from liability for conduct under State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce if the stewardship organization is exercising due diligence to comply with the requirements of this chapter.

(Added 2011, No. 36, § 2, eff. May 19, 2011.)

§ 7156 Agency responsibilities

(a) Review and approve collection plans. The Secretary shall review and approve or deny collection plans submitted under section 7154 of this title. The Secretary shall approve a collection plan if the Secretary finds that the plan:

(1) complies with the requirements of subsection 7154(a) of this title;

(2) provides adequate notice to the public of the collection opportunities available for mercury-containing lamps;

(3) ensures that collection of mercury-containing lamps will occur in an environmentally sound fashion that is consistent with the law or with any special handling requirements adopted by the Secretary;

(4) promotes the collection and disposal of mercury-containing lamps.

(b) Plan amendment. The Secretary, in his or her discretion or at the request of a manufacturer or a stewardship organization, may require a manufacturer or a stewardship organization to amend an approved plan. Plan amendments shall be subject to the public input provisions of subsection (c) of this section.

(c) Procedure. Before approving a collection plan under this chapter, the Secretary shall proceed in accordance with chapter 170 of this title.

(d) Registrations. The Secretary shall accept, review, and approve or deny registrations required by this chapter. The Secretary may revoke a registration of a stewardship organization for actions that are unreasonable, unnecessary, or contrary to the requirements or the policy of this chapter.

(e) Supervisory capacity. The Secretary shall act in a supervisory capacity over the actions of a stewardship organization registered under this section. In acting in this capacity, the Secretary shall review the actions of the stewardship organization to ensure that they are reasonable, necessary, and limited to carrying out requirements of and policy established by this chapter.

(f) Special handling requirements. The Secretary may adopt, by rule, special handling requirements for the collection, transport, and disposal of mercury-containing lamps.

(g) Approved plans; Internet posting. The Secretary shall post on the agency website all manufacturers and manufacturers’ brands that are covered under an approved plan. For stewardship organizations, the Agency may link to the list of manufacturers and manufacturers’ brands on the stewardship organization’s website.

(Added 2011, No. 36, § 2, eff. May 19, 2011; amended 2015, No. 150 (Adj. Sess.), § 29, eff. Jan. 1, 2018.)

§ 7157 Retailer obligations

(a) Sale prohibited. Except as set forth under subsection (b) of this section, beginning July 1, 2012, no retailer shall sell or offer for sale a mercury-containing lamp unless the retailer has reviewed the Agency website required in subsection 7156(g) of this title to determine that the manufacturer of the mercury-containing lamp is implementing an approved collection plan or is a member of a stewardship organization.

(b) Inventory exception; expiration or revocation of manufacturer registration. A retailer shall not be responsible for an unlawful sale of a mercury-containing lamp under this subsection if:

(1) the retailer purchased the mercury-containing lamp prior to July 1, 2012; or

(2) the manufacturer’s collection plan expired or was revoked, and the retailer took possession of the in-store inventory of mercury-containing lamps prior to the expiration or revocation of the manufacturer’s collection plan.

(Added 2011, No. 36, § 2, eff. May 19, 2011.)

§ 7158 Fees; disposition

(a) A manufacturer or stewardship organization shall pay $2,000.00 annually for operation under a collection plan approved by the Secretary under section 7156 of this title.

(b) The fees collected under subsection (a) of this section shall be deposited in the Environmental Permit Fund established under 3 V.S.A. § 2805. The Agency shall utilize no more than $20,000.00 annually of the fees collected under subsection (a) for the performance of its responsibilities under section 7156 of this title.

(Added 2011, No. 36, § 2, eff. May 19, 2011.)

§ 7159 Mercury content standards

(a) Mercury content standards for lamps. Beginning January 1, 2013, a mercury-containing lamp sold in this State shall satisfy the mercury-content standard for lamps set by California.

(b) Rulemaking; implementation. The Agency of Natural Resources may adopt rules to implement the requirements of this chapter, including exemptions from the mercury content standards established under subsection (a) of this section.

(c) Certificate of compliance.

(1) Beginning April 1, 2013, the Secretary may request a manufacturer of a lamp or lamps to submit a certification, supported by technical information, that the manufacturer’s lamp or lamps that are sold or offered for sale in the State comply with the standard established under subsection (a) of this section. A manufacturer shall submit a certificate of compliance within 30 days of the Secretary’s request. If a manufacturer fails to provide a requested certification within 30 days of the request, the manufacturer shall be prohibited from selling lamps or offering lamps for sale in the State.

(2) Upon request of a retailer or other person selling a manufacturer’s lamps, a manufacturer shall provide a certification that the manufacturer’s lamp or lamps comply with the standard established under subsection (a) of this section. A manufacturer shall provide a certificate of compliance within 30 days of the retailer’s request. The certification must specify that the lamp or lamps are not prohibited from sale in the State. If a manufacturer fails to provide a certification under this subdivision (c)(2), the manufacturer shall be prohibited from selling lamps or offering lamps for sale in the State.

(Added 2011, No. 36, § 2, eff. May 19, 2011.)

§ 7160 Other disposal programs

A municipality or other public agency may not require covered entities to use public facilities to dispose of mercury-containing lamps to the exclusion of other lawful programs available. A municipality and other public agencies are encouraged to work with manufacturers to assist them in meeting their collection and disposal obligations under this chapter. Nothing in this chapter prohibits or restricts the operation of any program collecting and disposing of mercury-containing lamps in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or disposing of mercury-containing lamps, provided that all other applicable laws are met.

(Added 2011, No. 36, § 2, eff. May 19, 2011.)

§ 7161 Continued implementation of approved collection plan

(a) Notwithstanding application of the requirements of this chapter to manufacturers of mercury containing lamps who sell, offer for sale, or deliver for subsequent sale in the State, a manufacturer that sold, offered for sale, or delivered mercury containing lamps for subsequent sale in the State prior to January 1, 2024 shall be required to continue implementation of an approved collection plan and to continue compliance with the requirements under this chapter.

(b) Beginning on January 15, 2025, and biennially thereafter, the Secretary of Natural Resources shall recommend to the House Committee on Environment and the Senate Committee on Natural Resources and Energy whether the General Assembly should continue to require implementation of a collection plan by manufacturers under subsection (a) of this section. The Secretary may include the recommendation required by this subsection in the biennial report on solid waste required under subsection 6004(b) of this title.

(Added 2021, No. 120 (Adj. Sess.), § 4, eff. July 1, 2022.)

Chapter 164B Collection and Management of Household Hazardous Products

§ 7181 Definitions

As used in this chapter:

(1) “Agency” means the Agency of Natural Resources.

(2) “Consumer product” means any product that is regularly used or purchased to be used for personal, family, or household purposes.

(3) “Covered entity” means any person who presents to a collection facility or event that is included in an approved collection plan any number of covered household hazardous products, with the exception of large quantity generators or small quantity generators as those terms are defined in the Agency of Natural Resources’ Vermont Hazardous Waste Regulations.

(4)(A) “Covered household hazardous product” means a consumer product offered for retail sale that is contained in the receptacle in which the product is offered for retail sale, if the product has any of the following characteristics:

(i) the product or a component of the product is a hazardous waste under subchapter 2 of the Vermont Hazardous Waste Management Regulations, regardless of the status of the generator of the hazardous waste; or

(ii) the product is a gas cylinder.

(B) “Covered household hazardous product” does not mean any of the following:

(i) a primary or rechargeable battery;

(ii) a lamp that contains mercury;

(iii) a thermostat that contains mercury;

(iv) paint products as that term is defined in section 6672 of this title;

(v) a covered electronic device as that term is defined in section 7551 of this title;

(vi) a pharmaceutical drug;

(vii) citronella candles;

(viii) flea and tick collars;

(ix) pesticides required to be registered with the Agency of Agriculture, Food and Markets;

(x) products that are intended to be rubbed, poured, sprinkled on, sprayed on, introduced into, or otherwise applied to the human body or any part of a human for cleansing, moisturizing, sun protection, beautifying, promoting attractiveness, or altering appearance, unless designated as a hazardous material or a hazardous waste by the Secretary of Natural Resources; or

(xi) gas cylinders determined by the Secretary by rule not to pose an unacceptable risk to human health, solid waste facility operation, or the environment, and which are not hazardous waste.

(5)(A) “Gas cylinder” means:

(i) any nonrefillable cylinder and its contents supplied to a consumer for personal, family, or household use and shall include those containing flammable pressurized gas, spray foam insulating products, single-use and rechargeable handheld fire extinguishers, helium, or carbon dioxide, of any size not exceeding any cylinder with a water capacity of 50 pounds, including seamless cylinders and tubes, welded cylinders, and insulated cylinders intended to contain helium, carbon dioxide, or flammable materials such as propane, butane, or other flammable compressed gasses; or

(ii) refillable cylinders containing propane for personal, family, or household use not exceeding a water capacity of one pound.

(B) “Gas cylinder” does not include any medical or industrial-grade cylinder.

(6)(A) “Manufacturer” means a person who:

(i) manufactures or manufactured a covered household hazardous product under its own brand or label for sale in the State;

(ii) sells in the State under its own brand or label a covered household hazardous product produced by another supplier;

(iii) owns a brand that it licenses or licensed to another person for use on a covered household hazardous product sold in the State;

(iv) imports into the United States for sale in the State a covered household hazardous product manufactured by a person without a presence in the United States;

(v) manufactures a covered household hazardous product for sale in the State without affixing a brand name; or

(vi) assumes the responsibilities, obligations, and liabilities of a manufacturer as defined under subdivisions (i) through (v) of this subdivision (6)(A), provided that the Secretary may enforce the requirements of this chapter against a manufacturer defined under subdivisions (i) through (v) of this subdivision (6)(A) if a person who assumes the manufacturer’s responsibilities fails to comply with the requirements of this chapter.

(B) “Manufacturer” does not mean a person set forth under subdivisions (A)(i)–(vi) of this subdivision (6) if the person manufacturers, sells, licenses, or imports less than $5,000.00 of covered household hazardous products in the United States in a program year and is registered with the Secretary.

(7) “Orphan covered product” means a covered household hazardous product for which no manufacturer is participating in a stewardship organization pursuant to section 7182 of this title.

(8) “Program year” means the period from January 1 through December 31.

(9) “Retailer” means a person who sells a covered household hazardous product in the State through any means, including a sales outlet, a catalogue, the telephone, the internet, or any electronic means.

(10) “Secretary” means the Secretary of Natural Resources.

(11) “Sell” or “sale” means any transfer for consideration of title or of the right to use by lease or sales contract a covered household hazardous product to a person in the State of Vermont. “Sell” or “sale” does not include the sale, resale, lease, or transfer of a used covered household hazardous product or a manufacturer’s wholesale transaction with a distributor or a retailer.

(12) “Stewardship organization” means a legal entity such as an organization, association, or entity that has developed a system, method, or other mechanism that assumes the responsibilities, obligations, and liabilities under this chapter of multiple manufacturers of covered household hazardous products and that is:

(A) exempt from taxation under 26 U.S.C. §501(c)(3) of the Internal Revenue Code; and

(B) created by a group of producers to implement a collection plan in accordance with section 7183 of this title.

(Added 2023, No. 58, § 2, eff. June 12, 2023; amended 2025, No. 59, § 7, eff. June 11, 2025.)

§ 7182 Sale of covered household hazardous products; stewardship organization registration; manufacturer registration

(a) Sale prohibited.

(1) A manufacturer of a covered household hazardous product shall not sell, offer for sale, or deliver to a retailer for subsequent sale a covered household hazardous product without registering with the stewardship organization pursuant to subsection (c) of this section.

(2) Beginning six months after a final decision on the adequacy of a collection plan by the Secretary, a manufacturer of a covered household hazardous product shall not sell, offer for sale, or deliver to a retailer for subsequent sale a covered household hazardous product unless all the following have been met:

(A) The manufacturer is participating in a stewardship organization implementing an approved collection plan.

(B) The name of the manufacturer, the manufacturer’s brand, and the name of the covered household hazardous product are submitted to the Agency of Natural Resources by a stewardship organization and listed on the stewardship organization’s website as covered by an approved collection plan.

(C) The stewardship organization in which the manufacturer participates has submitted an annual report consistent with the requirements of section 7185 of this title.

(D) The stewardship organization in which the manufacturer participates has conducted a plan audit consistent with the requirements of subsection 7185(b) of this title.

(b) Stewardship organization registration requirements.

(1) On or before July 1, 2025, a stewardship organization shall file a registration form with the Secretary. The Secretary shall provide the registration form to the stewardship organization. The registration form shall include:

(A) a description of how the stewardship organization meets the requirements of subsection 7184(b) of this title, including any reasonable requirements for participation in the stewardship organization; and

(B) the name, address, and contact information of a person for a nonmember manufacturer to contact regarding how to participate in the stewardship organization to satisfy the requirements of this chapter.

(2) Beginning on July 1, 2026 and annually thereafter, a stewardship organization shall renew its registration with the Secretary. A renewal registration shall include the following:

(A) a list of the manufacturers participating in the stewardship organization;

(B) a list of the brands of each manufacturer participating in the stewardship organization;

(C) a list of the covered household hazardous products of each manufacturer participating in the stewardship organization;

(D) the name, address, and contact information of a person responsible for ensuring compliance with this chapter;

(E) a description of how the stewardship organization meets the requirements of subsection 7184(b) of this title, including any reasonable requirements for participation in the stewardship organization; and

(F) the name, address, and contact information of a person for a nonmember manufacturer to contact regarding how to participate in the stewardship organization to satisfy the requirements of this chapter.

(c) Manufacturer registration. On or before November 1, 2025, a manufacturer of a covered household hazardous product shall register with the stewardship organization in a manner prescribed by the stewardship organization.

(Added 2023, No. 58, § 2, eff. June 12, 2023; amended 2023, No. 152 (Adj. Sess.), § 4a, eff. July 1, 2024; 2025, No. 59, § 8, eff. June 11, 2025.)

§ 7183 Collection plans

(a) Collection plan required. On or before July 1, 2026, any stewardship organization registered with the Secretary as representing manufacturers of covered household hazardous products shall coordinate and submit to the Secretary for review one collection plan for all manufacturers.

(b) Collection plan; minimum requirements.

(1) Initial plan. The initial plan shall last for a period not to exceed three years and contain, at a minimum, the following requirements:

(A) List of participants. A list of the manufacturers, brands, and products participating in the collection plan and a methodology for adding and removing manufacturers and notifying the Agency of new participants.

(B) Free statewide collection of covered household hazardous products. The collection program shall reimburse municipalities when a municipality provides for free, convenient, and accessible opportunities for the collection from covered entities of covered household hazardous products, including orphan covered products. The collection program shall also provide for the payment of collection, processing, and end-of-life management of the covered household hazardous products. Collection costs include facility costs, equipment costs, labor, supplies, maintenance, events costs, and event contractor costs, including collection event set-up fees, environmental service fees, insurance fees, and shipping containers and materials.

(C) Collection plan funding. The collection plan shall describe how the stewardship organization will fund the implementation of all municipal collection offered to the public in a base program year. A base program year shall be based on the services provided in calendar year 2024 and any other collection facilities or events approved by the Secretary. Collection costs include facility costs, equipment costs, labor, supplies, maintenance, events costs, and event contractor costs, including collection event set-up fees, environmental service fees, insurance fees, and shipping containers and materials. The collection plan shall include how municipalities will be compensated for all costs attributed to collection of covered household hazardous products. The Secretary shall resolve disputes relating to compensation.

(2) Subsequent plans. After the expiration of the initial plan approved by the Secretary, the collection plan shall include, at a minimum, the following:

(A) List of participants. A list of the manufacturers, brands, and products participating in the collection plan and a methodology for adding and removing manufacturers and notifying the Agency of new participants.

(B) Free statewide collection of covered household hazardous products. The collection program shall provide for free, convenient, and accessible statewide opportunities for the collection from covered entities of covered household hazardous products, including orphan covered products. A stewardship organization shall accept all covered household hazardous products collected from a covered entity and shall not refuse the collection of a covered household hazardous product, including orphan covered household products, based on the brand or manufacturer of the covered household hazardous product unless specifically exempt from this requirement. The collection program shall also provide for the payment of collection, processing, and end-of-life management of the covered household hazardous products. Collection costs include facility costs, equipment costs, labor, supplies, maintenance, events costs, and event contractor costs, including collection event set-up fees, environmental service fees, insurance fees, and shipping containers and materials.

(C) Convenient collection location. The stewardship organization shall develop a collection program that allows all municipal household hazardous waste collection programs to opt to be a part of the collection plan, including collection events and facilities offered by solid waste planning entities. The plan shall make efforts to site points of collection equitably across all regions of the State to allow for convenient and reasonable access of all Vermonters to collection facilities or collection events.

(D) Public education and outreach. The collection plan shall include an education and outreach program that shall include a website and may include media advertising, retail displays, articles and publications, and other public educational efforts. Outreach and education shall be suitable for the State’s diverse ethnic populations, through translated and culturally appropriate materials, including in-language and targeted outreach. Public education and outreach should include content to increase meaningful participation by environmental justice focus populations as required by 3 V.S.A. chapter 72. During the second approved plan, each stewardship organization shall carry out a survey of public awareness regarding the requirements of the program established under this chapter that can identify communities that have disparities in awareness and need more outreach. Each stewardship organization shall share the results of the public awareness surveys with the Secretary. If multiple stewardship organizations are implementing plans approved by the Secretary, the stewardship organizations shall coordinate in carrying out their education and outreach responsibilities under this subdivision (D) and shall include in their annual reports to the Secretary a summary of their coordinated education and outreach efforts. The education and outreach program and website shall notify the public of the following:

(i) that there is a free collection program for covered household hazardous products;

(ii) the location and hours of operation of collection points and how a covered entity can access this collection program;

(iii) the special handling considerations associated with covered household hazardous products; and

(iv) source reduction information for consumers to reduce leftover covered household products.

(E) Compliance with appropriate environmental standards. In implementing a collection plan, a stewardship organization shall comply with all applicable laws related to the collection, transportation, and disposal of hazardous waste. A stewardship organization shall comply with any special handling or disposal standards established by the Secretary for covered household hazardous products or for the collection plan of the manufacturer.

(F) Method of management. The collection plan shall describe how covered household hazardous products will be managed in the most environmentally and economically sound manner, including following the waste-management hierarchy. The management of covered household hazardous products under the collection plan shall use management activities in the following priority order: source reduction, reuse, recycling, energy recovery, and disposal. Collected covered household hazardous products shall be recycled when technically and economically feasible.

(G) Performance goals. A collection plan shall include:

(i) A performance goal for covered household hazardous products determined by the number of total participants at collection events and facilities listed in the collection plan during a program year divided by the total number of households. The number of households shall include seasonal households. The calculation methodology for the number of households shall be included in the plan.

(ii) At a minimum, the collection performance goal for the initial plan approved pursuant to subdivision (1) of this subsection (b) shall be an annual participation rate of seven percent of the households for every collection program based on the number of households the collection program serves. After the initial approved program plan, the stewardship organization shall propose performance goals for subsequent program plans. The Secretary shall approve the performance goals for the plan at least every five years. The stewardship organization shall use the results of the most recent waste composition study required under 6604 of this title and other relevant factors to propose the performance goals of the collection plan. If a stewardship organization does not meet its performance goals, the Secretary may require the stewardship organization to revise the collection plan to provide for one or more of the following: additional public education and outreach, additional collection events, or additional hours of operation for collection sites. A stewardship organization is not authorized to reduce or cease collection, education and outreach, or other activities implemented under an approved plan on the basis of achievement of program performance goals.

(H) Collection plan funding. The collection plan shall describe how the stewardship organization will fund the implementation of the collection plan and collection activities under the plan, including the costs for education and outreach, collection, processing, and end-of-life management of the covered household hazardous product. Collection costs include facility costs, equipment costs, labor, supplies, maintenance, events costs, and event contractor costs, including collection event set-up fees, environmental service fees, insurance fees, and shipping containers and materials. The collection plan shall include how municipalities will be compensated for all costs attributed to collection of covered household hazardous products. The Secretary shall resolve disputes relating to compensation.

(c) Term of collection plan. A collection plan approved by the Secretary under section 7187 of this title shall have a term not to exceed five years, provided that the stewardship organization remains in compliance with the requirements of this chapter and the terms of the approved collection plan.

(d) Collection plan implementation. Stewardship organizations shall implement the collection plan on or before six months after the date of a final decision by the Secretary on the adequacy of the collection plan.

(Added 2023, No. 58, § 2, eff. June 12, 2023; amended 2025, No. 59, § 9, eff. June 11, 2025.)

§ 7184 Stewardship organizations

(a) Participation in a stewardship organization. A manufacturer shall meet the requirements of this chapter by participating in a stewardship organization that undertakes the responsibilities under sections 7182, 7183, and 7185 of this title.

(b) Qualifications for a stewardship organization. To qualify as a stewardship organization under this chapter, an organization shall:

(1) commit to assume the responsibilities, obligations, and liabilities of all manufacturers participating in the stewardship organization;

(2) not create unreasonable barriers for participation in the stewardship organization; and

(3) maintain a public website that lists all manufacturers and manufacturers’ brands and products covered by the stewardship organization’s approved collection plan.

(c) A stewardship organization is authorized to charge its members reasonable fees for the organization, administration, and implementation of the programs required by this chapter.

(Added 2023, No. 58, § 2, eff. June 12, 2023; amended 2025, No. 59, § 10, eff. June 11, 2025.)

§ 7185 Annual report; collection plan audit

(a) Annual report. Not later than 18 months after the date a collection plan has been implemented, and annually thereafter, a stewardship organization of manufacturers of covered household hazardous products shall submit a report to the Secretary that contains all of the following:

(1) A description of the collection program.

(2) The volume or weight by hazard category, as defined by the Secretary, of covered household hazardous products collected, the volume or weight of covered household hazardous products collected at each collection facility or collection event, the disposition of the collected covered household hazardous products, and the number of covered entities participating at each collection facility or collection event from which the covered household hazardous products were collected.

(3) The name and address of all the recycling and disposal facilities where the covered household hazardous products are collected and delivered and deposited.

(4) The weight or volume by hazard category of covered household hazardous products sold in the State in the previous calendar year by a manufacturer participating in a stewardship organization’s collection plan. Sales data provided under this section shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential. Confidential information shall be redacted from any final public report. If manufacturers can demonstrate that they do not have Vermont specific data, the stewardship organization may use national data prorated to Vermont based upon Vermont’s population.

(5) A comparison of the collection plan’s performance goals, including participation rate, compared to the actual performance and how the program will be improved if the performance goals are not met.

(6) A description of the methods used to reduce, reuse, collect, transport, recycle, and process the covered household hazardous products.

(7) The cost of implementing the collection plan, including the costs of administration, collection, transportation, recycling, disposal, and education and outreach.

(8) A description and evaluation of the success of the education and outreach materials. If multiple stewardship organizations are implementing the collection plan approved by the Secretary, the stewardship organizations shall include a summary of their coordinated education and outreach efforts.

(9) Recommendations for any changes to the program.

(b) Collection plan audit. On or before September 1, 2030 and every five years thereafter, a stewardship organization of manufacturers of covered household hazardous products shall hire an independent third party to audit the collection plan and the plan’s operation. The auditor shall examine the effectiveness of the program in collecting and disposing of covered household hazardous products. The auditor shall examine the cost-effectiveness of the program and compare it to that of collection programs for covered household hazardous products in other jurisdictions. The auditor shall examine the effectiveness of the plan in satisfying the requirement of this chapter that all Vermonters have convenient and reasonable access to collection facilities or collection events. The auditor shall make recommendations to the Secretary on ways to increase the program’s efficacy and cost-effectiveness.

(c) Public posting. A stewardship organization shall post a report or audit required under this section to the website of the stewardship organization.

(Added 2023, No. 58, § 2, eff. June 12, 2023.)

§ 7186 Antitrust; conduct authorized

(a) Activity authorized. A manufacturer, group of manufacturers, or stewardship organization implementing or participating in an approved collection plan under this chapter for the collection, transport, processing, and end-of-life management of covered household hazardous products is individually or jointly immune from liability for conduct under State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce under 9 V.S.A. chapter 63, subchapter 1 to the extent that the conduct is reasonably necessary to plan, implement, and comply with the stewardship organization’s chosen system for managing discarded covered household hazardous products.

(b) Limitations on antitrust activity. Subsection (a) of this section shall not apply to an agreement among producers, groups of manufacturers, retailers, wholesalers, or stewardship organizations affecting the price of covered household hazardous products or any agreement restricting the geographic area in which or customers to whom covered household hazardous products shall be sold.

(Added 2023, No. 58, § 2, eff. June 12, 2023.)

§ 7187 Agency responsibilities

(a) Review and approve collection plans. The Secretary shall review and approve or deny collection plans submitted under section 7183 of this title according to the public notice and comment requirements of section 7714 of this title.

(b) Criteria for plan approval.

(1) The Secretary shall approve a collection plan if the Secretary finds that the collection plan:

(A) complies with the requirements of subsection 7183(b) of this title;

(B) provides adequate notice to the public of the collection opportunities available for covered household hazardous products;

(C) ensures that collection of covered household hazardous products will occur in an environmentally sound fashion that is consistent with the law or with any special handling requirements adopted by the Secretary;

(D) promotes the collection and disposal of covered household hazardous products; and

(E) is reasonably expected to meet performance goals and convenience standards.

(2) If a manufacturer or a stewardship organization fails to submit a plan that is acceptable to the Secretary because it does not meet the requirements of this chapter, the Secretary shall modify the submitted plan to make it conform to the requirements of this chapter and place the modified draft plan on notice pursuant to section 7714 of this title.

(c) Collection plan amendment. The Secretary, in the Secretary’s discretion or at the request of a manufacturer or a stewardship organization, may require a stewardship organization to amend an approved collection plan. Collection plan amendments shall be subject to the public input provisions of section 7717 of this title.

(d) Registrations. The Secretary shall accept, review, and approve or deny registrations required by this chapter. The Secretary may revoke a registration of a stewardship organization when the actions of the stewardship organization are unreasonable, unnecessary, or contrary to the requirements or the policy of this chapter. The Secretary shall only approve one stewardship organization for the first collection plan.

(e) Supervisory capacity. The Secretary shall act in a supervisory capacity over the actions of a stewardship organization registered under this section. In acting in this capacity, the Secretary shall review the actions of the stewardship organization to ensure that they are reasonable, necessary, and limited to carrying out requirements of and policy established by this chapter.

(f) Special handling requirements. The Secretary may adopt by rule special handling requirements for the collection, transport, and disposal of covered household hazardous products.

(g) Agency collection plan. If no stewardship organization is formed on or before July 1, 2025 or the stewardship organization fails to submit a plan or submits a plan that does not meet the requirements of this chapter, the Secretary shall adopt and administer a plan that meets the requirements of section 7183 of this title. If the Secretary administers the plan adopted under section 7183, the Secretary shall charge each manufacturer the prorated costs of plan administration, the Agency’s oversight costs, and an additional hazardous waste reduction assessment of 10 percent of the plan’s total cost to be deposited in the Solid Waste Management Assistance Account of the Waste Management Assistance Fund, for the purpose of providing grants to municipalities and small businesses to prevent pollution and reduce the generation of hazardous waste in the State. When determining a manufacturer’s assessment under this section, the Agency may allocate costs to a manufacturer of covered household hazardous products based on the sales of covered household hazardous products nationally prorated to the population of Vermont.

(Added 2023, No. 58, § 2, eff. June 12, 2023; amended 2025, No. 59, § 11, eff. June 11, 2025.)

§ 7188 Other disposal programs

A municipality or other public agency shall not require covered entities to use public facilities to dispose of covered household hazardous products to the exclusion of other lawful programs available. A municipality and other public agencies are encouraged to work with manufacturers to assist them in meeting their collection and disposal obligations under this chapter. Nothing in this chapter prohibits or restricts the operation of any program collecting and disposing of covered household hazardous products in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or disposing of covered household hazardous products, provided that all other applicable laws are met.

(Added 2023, No. 58, § 2, eff. June 12, 2023.)

§ 7189 Rulemaking

The Secretary of Natural Resources may adopt rules to implement the requirements of this chapter.

(Added 2023, No. 58, § 2, eff. June 12, 2023.)

Chapter 165 General Permit Authority

§§ 7500-7505 Repealed

[Repealed]

2009, No. 54, § 91(b), eff. July 1, 2014.

Chapter 166 Collection and Recycling of Electronic Devices

§ 7551 Definitions

As used in this chapter:

(1) “Agency” means the Agency of Natural Resources.

(2) “Cathode-ray tube” means a vacuum tube or picture tube used to convert an electronic signal into a visual image.

(3) “Collection” means the aggregation of electronic waste from covered entities and includes all the activities up to the time the electronic waste is delivered to a recycler.

(4) “Collector” means a public or private entity that receives electronic waste from covered entities or from another collector and that performs any of the following:

(A) arranges for the delivery of the electronic waste to a recycler;

(B) sorts electronic waste;

(C) consolidates electronic waste; or

(D) provides data security services in a manner approved by the Secretary.

(5) “Computer” means a laptop computer, desktop computer, tablet computer, or central processing unit that conveys electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions. “Computer” does not include an automated typewriter or typesetter or other similar device.

(6) “Computer monitor” means a display device without a tuner that can display pictures and sound and is used with a computer.

(7) “Computer peripheral” means a keyboard or any other device sold exclusively for external use with a computer that provides input or output into or from a computer.

(8) “Covered electronic device” means a computer, computer monitor, device containing a cathode ray tube, printer, or television from a covered entity. “Covered electronic device” does not include any motor vehicle or any part thereof; a camera or video camera; a portable or stationary radio; a wireless telephone; a household appliance, such as a clothes washer, clothes dryer, water heater, refrigerator, freezer, microwave oven, oven, range, or dishwasher; equipment that is functionally or physically part of a larger piece of equipment intended for use in an industrial, research and development, or commercial setting; security or anti-terrorism equipment; monitoring and control instruments or systems; thermostats; hand-held transceivers; a telephone of any type; a portable digital assistant or similar device; a calculator; a global positioning system receiver or similar navigation device; commercial medical equipment that contains a cathode ray tube, a cathode ray tube device, a flat panel display, or similar video display that is not separate from the larger piece of equipment; or other medical devices, as the term “device” is defined under 21 U.S.C. § 321(h) of the Federal Food, Drug, and Cosmetic Act, as that section is amended from time to time.

(9) “Covered entity” means any household, charity, or school district in the State or a business in the State that employs 10 or fewer individuals. If seven or fewer covered electronic devices are delivered to a collector at any given time, those devices shall be presumed to be from a covered entity.

(10) “Electronic waste” means a computer, computer monitor, computer peripheral, device containing a cathode ray tube, printer, or television from a covered entity. “Electronic waste” does not include any motor vehicle or any part thereof; a camera or video camera; a portable or stationary radio; a wireless telephone; a household appliance, such as a clothes washer, clothes dryer, water heater, refrigerator, freezer, microwave oven, oven, range, or dishwasher; equipment that is functionally or physically part of a larger piece of equipment intended for use in an industrial, library, research and development, or commercial setting; security or antiterrorism equipment; monitoring and control instruments or systems; thermostats; handheld transceivers; a telephone of any type; a portable digital assistant or similar device; a calculator; a global positioning system receiver or similar navigation device; commercial medical equipment that contains a cathode ray tube, a cathode ray tube device, a flat panel display, or similar video display that is not separate from the larger piece of equipment; or other medical devices, as the term “device” is defined under 21 U.S.C. § 321(h) of the Federal Food, Drug, and Cosmetic Act, as that section is amended from time to time.

(11) “Manufacturer” means a person who:

(A) manufactures or manufactured a covered electronic device under its own brand or label for sale in the State;

(B) sells in the State under its own brand or label covered electronic devices produced by another supplier;

(C) owns a brand that it licenses or licensed to another person for use on a covered electronic device sold in the State;

(D) imports into the United States for sale in the State a covered electronic device manufactured by a person without a presence in the United States;

(E) manufactures covered electronic devices for sale in the State without affixing a brand name; or

(F) assumes the responsibilities, obligations, and liabilities of a manufacturer as defined under subdivisions (A) through (E) of this subdivision (11), provided that the Secretary may enforce the requirements of this chapter against a manufacturer if a person who assumes the manufacturer’s responsibilities fails to comply with the requirements of this chapter.

(12) “Market share” means a “manufacturer’s market share” that shall be the manufacturer’s percentage share of the total weight of covered electronic devices sold in the State as determined by an estimate of the aggregate total weight of the manufacturer’s covered electronic devices sold in the State during the previous program year based on national sales data unless the Secretary approves a manufacturer to use actual sales data.

(13) “Printer” means desktop printers, multifunction printer copiers, and printer fax combinations taken out of service that are designed to reside on a work surface and include various print technologies, including without limitation laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and “multi-function” or “all-in-one” devices that perform different tasks, including copying, scanning, faxing, and printing. “Printer” does not include floor-standing printers, printers with an optional floor stand, point of sale (POS) receipt printers, household printers such as a calculator with printing capabilities or label makers, or nonstand-alone printers that are embedded into products that are not covered electronic products.

(14) “Program year” means the period established by the Secretary as the program year in the Plan required by section 7552 of this title.

(15) “Recycler” means a person who accepts electronic waste from covered entities and collectors for the purpose of recycling. A person who takes products solely for reuse, refurbishment, or repair is not a recycler.

(16) “Recycling” means the process of collecting and preparing electronic wastes for use in manufacturing processes or for recovery of useable materials followed by delivery of such materials for use. Recycling does not include destruction by incineration, waste-to-energy incineration or other such processes, or land disposal.

(17) “Retailer” means a person who sells, rents, or leases covered electronic devices to a person in the State, through any means, including sales outlets, catalogues, the telephone, the Internet, or any electronic means.

(18) “Sell” or “sale” means any transfer for consideration of title or of the right to use by lease or sales contract of a covered electronic device to a person in the State. “Sell” or “sale” does not include the sale, resale, lease, or transfer of used covered electronic devices or a manufacturer’s or a distributor’s wholesale transaction with a distributor or a retailer.

(19) “Television” means any telecommunications system or device containing a cathode ray tube or other type of display system with a viewable area of greater than four inches when measured diagonally that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner.

(20) “Transporter” means a person that moves electronic waste from a collector to either another collector or to a recycler.

(Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010; amended 2011, No. 148 (Adj. Sess.), § 16.)

§ 7552 Standard Electronic Waste Recycling Plan

(a) Standard Plan adoption. Beginning January 1, 2011, the Secretary shall adopt a plan for the collection and recycling of all electronic waste in the State. In developing the Plan, the Secretary shall evaluate existing electronic waste collection opportunities and services in each county to determine whether such opportunities and services are adequate. In making an adequacy determination, the Secretary shall consider the geography, population, and population density of each county. If, after completion of an adequacy review, the Secretary determines that the collection opportunities in a county are:

(1) Inadequate, the Secretary may require additional collection activities in that county. Additional collection activities may include additional collection facilities, collection events, or other collection activities identified by the Secretary as necessary to achieve the Statewide recycling goal. If the Secretary requires additional collection activities, the Secretary shall consider, as one of the criteria reviewed in selecting additional collection activities, the cost-effectiveness of the additional collection activities in achieving the objective of convenient service.

(2) Adequate, and that additional collection opportunities are not required.

(b) Standard Plan minimum requirements. The Standard Plan shall:

(1) site at least three permanent facilities in each county for the collection of electronic waste from covered entities, unless the Secretary determines that existing or proposed collection opportunities are not required, but in no case shall the Secretary reduce the number of permanent facilities below one;

(2) site at least one permanent facility in each city or town with a population of 10,000 or greater for the collection of electronic waste from covered entities;

(3) require electronic waste collection facilities to accept electronic waste at no cost to covered entities;

(4) ensure that each recycler used in implementing the Plan complies with the recycling standards established under section 7559 of this title;

(5) ensure that during Plan implementation a public information and outreach effort takes place to inform consumers about how to recycle their electronic waste at the end of the product’s life;

(6) require electronic waste collection facilities to be staffed, open on an ongoing basis, and open to the public at a frequency needed to meet the needs of the area being served;

(7) prohibit a collection facility from refusing to accept electronic waste delivered to the facility for recycling from a covered entity.

(c) Plan evaluation. The Secretary shall annually review and analyze the Standard Plan to determine if implementation of the Standard Plan achieves the statewide collection and recycling goal set forth under section 7555 of this title. The Secretary may modify the plan based upon the results of that review.

(d) Plan term. The Secretary shall revise and adopt the standard plan every five years.

(e) Public review and consultation. Prior to the approval or modification of the Standard Plan, the Agency shall make the proposed Standard Plan available for public review and comment for at least 30 days. The Agency shall consult with interested persons, including manufacturers, recyclers, collectors, retailers, solid waste districts, and environmental groups.

(f) Applicability. A collector, transporter, or recycler not included in a plan approved under this section or under a plan approved under section 7554 of this title shall not be subject to the requirements of this section or section 7554.

(Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

§ 7553 Sale of covered electronic devices; manufacturer registration

(a) Sale prohibited. Beginning July 1, 2010, no manufacturer shall sell or offer for sale or deliver to a retailer for subsequent sale a covered electronic device unless:

(1) the manufacturer has filed the registration required by this section;

(2)(A) beginning July 1, 2010 and annually thereafter, the manufacturer has paid the fee required by subsection (g) of this section; and

(B) beginning July 1, 2011 and annually thereafter, if the manufacturer is covered under the Standard Plan, the manufacturer has paid the fee required by subsection (h) of this section; and

(3) the covered electronic device is labeled with the manufacturer’s brand or registered trademark, and the label or trademark is permanently affixed and readily visible.

(b) Manufacturer registration requirements.

(1) The manufacturer shall file a registration form with the Secretary. The Secretary shall provide the registration form to a manufacturer. The registration form shall include:

(A) A list of the manufacturer’s brands of covered electronic devices offered for sale by the manufacturer in this State.

(B) The name, address, and contact information of a person responsible for ensuring the manufacturer’s compliance with this chapter.

(C) Beginning July 1, 2011 and annually thereafter, a certification that the manufacturer is seeking coverage under the Standard Plan set forth under subsection (a) of this section or, under a plan approved under section 7554 of this title, is opting out of the Standard Plan.

(D) An estimate of the aggregate total weight of the manufacturer’s covered electronic devices sold during the previous program year based on national sales data. A manufacturer shall submit with the report required under this subsection a description of how the estimate was calculated. The data submitted under this subdivision (1)(D) shall be considered a trade secret for the purposes of 1 V.S.A. § 317(c)(9).

(2) A renewal of a registration without changes may be accomplished through notifying the Agency of Natural Resources on a form provided by the Agency.

(c) Registration prior to sale. A manufacturer who begins to sell or offer for sale covered electronic devices and has not filed a registration under this section or section 7554 of this title shall submit a registration to the Agency of Natural Resources within 10 days of beginning to sell or offer for sale covered electronic devices.

(d) Amendments to registration. A registration shall be amended within 10 days after a change to any information included in the registration submitted by the manufacturer under this section.

(e) Effective date of registration. A registration is effective upon receipt by the Agency of Natural Resources of a complete registration form and payment of fees required by this section. Registration under this chapter shall be renewed annually.

(f) Agency review of registration application. The Agency of Natural Resources shall notify the manufacturer of any required information that is omitted from the registration. Upon receipt of a notification from the Agency, the manufacturer shall submit a revised registration providing the information noted by the Agency.

(g) Registration fee.

(1) Each manufacturer of a covered electronic device registered under this section shall pay to the Secretary a fee:

(A) For the program year beginning July 1, 2010, for manufacturers who sell in Vermont no more than 100 covered electronic devices, the fee shall be $1,250.00, and for all other manufacturers, the fee shall be $5,000.00.

(B) For the program year beginning July 1, 2011 and annually thereafter, the fee shall be determined by multiplying the manufacturer’s market share by the cost to the Agency of administering the electronic waste collection program under this chapter.

(2) The fees collected under this subsection shall be deposited into the Electronic Waste Collection and Recycling Account of the Waste Management Assistance Fund.

(h) Implementation fee.

(1) Beginning July 1, 2011, each manufacturer that seeks coverage under the Standard Plan shall pay to the Secretary an implementation fee that shall be assessed on a quarterly basis and that shall be determined by multiplying the manufacturer’s market share by the prior quarter’s cost of implementing the electronic waste collection and recycling program adopted under the Standard Plan. For purposes of this section, the Electronic Waste and Recycling Program includes collection, transportation, recycling, and the reasonable cost of contract administration.

(2) The fee collected under this subsection shall be deposited into the Electronic Waste Collection and Recycling Account of the Waste Management Assistance Fund.

(3) At the end of each program year, the Secretary shall review the total costs of collection and recycling for the program year and shall reapportion the implementation fee assessed under this subsection to accurately reflect the actual cost of the Program and the manufacturer’s market share of covered electronic devices sold in the State during the program year.

(i) Exemption. A manufacturer who sells fewer than 20 covered electronic devices in Vermont in a program year is exempt from the requirements of this section.

(Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010; amended 2009, No. 156 (Adj. Sess.), § E.701; 2011, No. 161 (Adj. Sess.), § 6.)

§ 7554 Manufacturer opt-out individual plan

(a) Opt-out of Standard Plan. A manufacturer or group of manufacturers may elect not to seek coverage under the Standard Plan established under section 7552 of this title, provided that the manufacturer or group of manufacturers complies with the requirements of subdivisions 7553(a)(1)-(3) of this title and submits an individual plan to the Secretary for approval that:

(1) provides for each county the number of collection methods identified in the Standard Plan adopted under section 7552 of this title;

(2) describes the collection, transportation, and recycling systems and service providers used, including a description of how the authority or authorized party will:

(A) seek to use businesses within the State, including retailers, charities, processors, and collection and transportation services, to fulfill its program goal under this section;

(B) fairly compensate collectors for providing collection services; and

(C) fairly compensate recyclers for providing recycling services;

(3) describes how the plan will provide service to covered entities;

(4) describes the processes and methods used to recycle electronic waste, including a description of the processing that will be used and the facility location;

(5) documents the audits of each recycler used in the Plan and compliance with recycling standards established under section 7559 of this title;

(6) describes the accounting and reporting systems that will be employed to track progress toward the Plan’s equivalent share;

(7) includes a timeline describing start-up, implementation, and progress toward milestones with anticipated results;

(8) includes a public information campaign to inform consumers about how to recycle their electronic waste at the end of the product’s life.

(b) Manufacturer program goal. An individual plan submitted under this section shall be implemented to ensure satisfaction of the manufacturer’s electronic waste program goal. The Electronic Waste Recycling Program goal for a manufacturer that submits a plan under this section shall be the product of the relevant statewide recycling goal set forth in subsection 7555(a) of this title multiplied by the manufacturer’s market share of covered electronic devices. A manufacturer that submits a plan under this section may only count electronic waste received from covered entities toward the Program goal set forth in this section.

(c) Collection from covered entities. A manufacturer that submits a plan under this section or a collector operating on behalf of a manufacturer that submits a plan under this section shall not charge a fee to covered entities for the collection, transportation, or recycling of electronic waste.

(d) Public review. Before approving an individual plan under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(e) Collection facilities. If a manufacturer that submits a plan under this section is required to implement a collection facility, the collection facility shall be staffed, open on an ongoing basis, and open to the public at a frequency approved by the Secretary in order to meet the needs of the area being served. A collection facility implemented under this section shall be prohibited from refusing or rejecting acceptance of electronic waste delivered to the facility for recycling.

(f) Annual report. Beginning August 1, 2012, a manufacturer that submits a plan under this section shall report by August 1 and annually thereafter to the Secretary the following:

(1) the type of electronic waste collected;

(2) the aggregate total weight of electronic waste the manufacturer recycled by type during the preceding program year;

(3) a list of recyclers utilized by the manufacturer;

(4) a description of the processes and methods used to recycle the electronic waste; and

(5) a summary of the educational and outreach activities undertaken by the manufacturer.

(g)(1) Parity surcharge. A manufacturer that submits a plan under this section shall be assessed a surcharge if the lesser of the following occurs:

(A) the manufacturer accepts less than the Program goal set forth in subsection (b) of this section; or

(B) the manufacturer accepts less than its market share portion of the total of electronic waste collected in the State.

(2) The surcharge shall be calculated by multiplying the average per pound of cost to the Secretary for the current program year to implement the Standard Plan plus 20 percent by the number of additional pounds of electronic waste that should have been accepted by the manufacturer. The surcharges collected under this section shall be deposited into the Electronic Waste Collection and Recycling Account of the Waste Management Assistance Fund and used to offset the costs of Program implementation.

(h) Effective date of plan approval. A plan submitted under this section shall not be approved until the Secretary determines that the plan will provide a functionally equivalent level of electronic waste collection and recycling as the Standard Plan and that all the requirements of this section have been met.

(i) Amendments to plan. An amendment to an individual plan approved under this section shall not take effect until approved by the Secretary.

(j) Opt-in to Standard Plan. At the completion of any program year, a manufacturer approved under this section may seek coverage under the Standard Plan adopted under section 7552 of this title.

(Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010; amended 2015, No. 150 (Adj. Sess.), § 30, eff. Jan. 1, 2018.)

§ 7555 Statewide recycling goal

(a) Statewide recycling goal.

(1) For the program year of July 1, 2011 to June 30, 2012, the statewide recycling goal for electronic waste shall be the product of the U.S. Census Bureau’s 2010 population estimate for the State multiplied by 5.5 pounds.

(2) For the program year of July 1, 2012 to June 30, 2013, the statewide recycling goal for electronic waste shall be the product of the U.S. Census Bureau’s 2010 population estimate for the State multiplied by 6.0 pounds.

(3) For the program year of July 1, 2013 to June 30, 2014 and annually thereafter, the statewide recycling goal for all electronic waste shall be the product of the base weight multiplied by the goal attainment percentage.

(b) Base weight. For purposes of this section, “base weight” means the average weight of all electronic waste reported as collected under this chapter during the previous two program years.

(c) Goal attainment percentage. For purposes of this section, “goal attainment percentage” means, for each type of product:

(1) 90 percent if the base weight is less than 90 percent of the statewide recycling goal for the previous calendar year;

(2) 95 percent if the base weight is 90 percent or greater, but not more than 95 percent of the statewide recycling goal for the previous calendar year;

(3) 100 percent if the base weight is 95 percent or greater, but not more than 105 percent of the statewide recycling goal for the previous calendar year;

(4) 105 percent if the base weight is 105 percent or greater, but not more than 110 percent of the statewide recycling goal for the previous calendar year; or

(5) 110 percent if the base weight is 110 percent or greater of the statewide recycling goal.

(Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

§ 7556 Retailer obligations

(a) Sale prohibited. Beginning July 1, 2010, no retailer shall sell or offer for sale a covered electronic device unless the covered electronic device is labeled by the manufacturer as required by subdivision 7553(a)(3) of this title, and the retailer has reviewed the website required in subdivision 7559(6) of this title to determine that the labeled manufacturers of all new covered electronic devices that the retailer is offering for sale are registered with the Agency of Natural Resources.

(b) Expiration or revocation of manufacturer registration. A retailer shall not be responsible for an unlawful sale under this section if the manufacturer was not registered or the manufacturer’s registration expired or was revoked if the retailer took possession of the covered electronic device prior to July 1, 2010 or prior to the expiration or revocation of the manufacturer’s registration, and the unlawful sale occurred within six months after the expiration or revocation.

(c) Customer information. Beginning July 1, 2011, a retailer who sells new covered electronic devices shall provide information to customers describing where and how they may recycle electronic waste and advising them of opportunities and locations for the convenient collection of electronic waste for the purpose of recycling. This requirement may be met by the posting of signs provided under the Standard Plan or a plan approved under section 7554 of this title that includes a warning that electronic waste shall not be disposed of in a solid waste facility and that provides a toll-free number or website address regarding proper disposal of covered electronic devices.

(Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

§ 7557 Recycler program responsibility

(a) Recycler registration.

(1) Beginning July 1, 2011, no person may recycle electronic waste at a facility located within the State unless that person has submitted a registration with the Agency of Natural Resources on a form prescribed by the Agency. A registration is effective upon receipt by the Agency and is valid for a period not to exceed five years. An electronics recycling facility registered under this section is not required to obtain a solid waste certification pursuant to chapter 159 of this title. Registration information shall include:

(A) the name, address, telephone number, and location of all recycling facilities under the direct control of the recycler that may receive electronic waste;

(B) evidence that the financial assurance requirements of section 6611 of this title have been satisfied.

(2) A registration shall be amended within 10 days after a change to any information included in the registration submitted by the recycler under this section.

(b) Recycler’s reporting requirements. Beginning August 1, 2012, a recycler of electronic waste shall report by August 1 and annually thereafter to the Agency of Natural Resources on a form provided by the Agency the type of electronic waste collected, the total weight of electronic waste recycled during the preceding program year, and whether electronic waste was collected under the Standard Plan or an approved individual plan. In the annual report, the recycler shall certify that the recycler has complied with the electronic management guidelines developed under subdivision 7559(7) of this title.

(Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

§ 7558 Collector and transporter program responsibility

(a) Collector and transporter registration.

(1) Beginning July 1, 2011, no person may operate as a collector or transporter of electronic waste unless that person has submitted a registration with the Agency of Natural Resources on a form prescribed by the Agency. A registration is effective upon receipt by the Agency and is valid for a period not to exceed five years. An electronics collector or transporter registered under this section shall not be required to obtain a solid waste certification or a solid waste hauler permit pursuant to chapter 159 of this title.

(2) A registration shall be amended within 10 days after a change to any information included in the registration submitted by the collector under this section.

(3) Beginning August 1, 2012, a collector of electronic waste shall report by August 1 and annually thereafter to the Agency of Natural Resources on a form provided by the Agency the type of electronic waste collected, the total weight of electronic waste recycled during the preceding program year, and whether electronic waste was collected under the Standard Plan or an approved individual plan.

(b) Transporter reporting requirements. Beginning August 1, 2012, a transporter of electronic waste not destined for recycling in Vermont shall report annually by August 1 to the Agency of Natural Resources the total pounds of electronic waste collected and whether electronic waste was collected under the Standard Plan or an approved individual plan.

(Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

§ 7559 Agency of Natural Resources responsibilities

The Agency of Natural Resources shall:

(1) Adopt and administer the Standard Plan required under section 7552 of this title.

(2) Establish procedures for:

(A) the registration and certifications required under this chapter; and

(B) making the registrations and certifications required under this chapter easily available to manufacturers, retailers, and members of the public.

(3) Collect the data submitted under this chapter.

(4) Annually review data submitted under this chapter to determine whether any of the variables in the statewide recycling goal should be changed. The Agency shall submit recommended changes to the Senate Committee on Natural Resources and Energy and the House Committee on Environment.

(5) [Repealed.]

(6) Maintain a website that includes the names of manufacturers with current, valid registrations; the manufacturers’ brands listed in registrations filed with the Agency. The Agency shall update the website information within 10 days of receipt of a complete registration.

(7) In consultation with interested parties, establish guidelines for the environmentally sound management of consumer electronics, including specific requirements for collectors, transporters, and recyclers.

(8) Identify approved transporters, collectors, and recyclers.

(Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010; amended 2017, No. 113 (Adj. Sess.), § 49c.)

§ 7560 Administration of Electronic Waste Recycling Program

(a) The Secretary of Natural Resources may contract for implementation and administration of the Standard Plan required under section 7552 of this title and, in so doing, shall comply with the Agency of Administration’s current contracting procedures.

(b) In contracting for implementation and administration of the Standard Plan, the Secretary shall review the costs incurred by similar electronic waste collection and recycling programs in other states. The Secretary in his or her discretion may reopen the Standard Plan if bids received in response to a request for proposal exceed the average cost of collection and recycling incurred by similar electronic waste collection and recycling programs in other states.

(Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

§ 7561 Other recycling programs

A municipality or other public agency may not require covered entities to use public facilities to recycle their electronic waste to the exclusion of other lawful programs available. A municipality and other public agencies are encouraged to work with manufacturers to assist them in meeting their recycling obligations under this chapter. Nothing in this chapter prohibits or restricts the operation of any program recycling electronic waste in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or recycling electronic waste, provided that those persons are registered as required under this chapter.

(Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

§ 7562 Multistate implementation

The Agency of Natural Resources or a contracted entity under section 7560 of this title is authorized to participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter.

(Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

§ 7563 Limitations

If a federal law or combination of federal laws takes effect that is applicable to all covered electronic devices sold in the United States and establishes a program for the collection and recycling or reuse of covered electronic devices that is applicable to all covered electronic devices, the Agency shall evaluate whether the federal law provides a solution that is equal to or better than the Program established under this chapter. The Agency shall report its findings to the General Assembly.

(Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

§ 7564 Rulemaking

The Secretary of Natural Resources may adopt rules to implement the requirements of this chapter.

(Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

Chapter 168 Product Stewardship for Primary Batteries and Rechargeable Batteries

Subchapter 1 Definitions

§ 7581 Definitions

As used in this chapter:

(1) “Agency” means the Agency of Natural Resources.

(2)(A) “Battery-containing product” means an electronic product that contains primary or rechargeable batteries that are easily removable or is packaged with rechargeable or primary batteries.

(B) A “battery-containing product” does not include an electronic product regulated under an approved plan implemented under chapter 166 of this title.

(C) A “battery-containing product” does not include an electronic product if:

(i) the only batteries contained in or supplied with the battery- containing product are supplied by a producer that has joined a registered battery stewardship organization as the producer for that covered battery; and

(ii) the producer of the covered batteries that are included in a battery-containing product provides a written certification of that membership to both the producer of the battery-containing product containing one or more covered batteries and the battery stewardship organization of which the battery producer is a member.

(3) “Brand” means a name, symbol, word, or traceable mark that identifies a primary or rechargeable battery and attributes the battery to the owner or licensee of the brand as the producer.

(4) “Calendar year” means the period commencing January 1 and ending December 31 of the same year.

(5) “Collection rate” means a percentage by weight that each producer or battery stewardship organization collects by an established date. The collection rate shall be calculated by dividing the total weight of the batteries that are collected during a calendar year by the average annual weight of batteries that were estimated to have been sold in the State by participating producers during the previous three calendar years. Estimates of batteries sold in the State may be based on a reasonable pro rata calculation based on national sales.

(6) “Covered battery” means a primary battery or rechargeable battery.

(7) “Covered entity” means a person who presents to a collection facility or event that is included in an approved collection plan any number of covered batteries.

(8) “Damaged and defective lithium battery” means a lithium battery that has been damaged or is defective for safety reasons or that has the potential of producing a dangerous evolution of heat, fire, or short circuit, as referred to in 49 C.F.R. § 173.185(f) or as updated by the Secretary by rule to maintain consistency with federal standards.

(9) “Easily removable” means the battery is readily detachable from a product by a person without the use of tools or with the use of common household tools.

(10) “Participate” means to appoint a battery stewardship organization to operate on behalf of oneself and to have that appointment accepted by the stewardship organization.

(11) “Primary battery” means a nonrechargeable battery weighing 4.4 pounds or less, including alkaline, silver oxide, zinc air, carbon-zinc, and lithium metal batteries. Beginning on January 1, 2026, “primary battery” includes a nonrechargeable battery weighing more than 4.4 pounds but not more than 25 pounds. “Primary battery” does not mean:

(A) a battery that is not easily removable from a battery-containing product; or

(B) a battery contained within a medical device, as specified in 21 U.S.C. § 321(h) as it existed on July 1, 2024, that is not designed and marketed for sale or resale at retail locations for personal use.

(12) “Battery producer,” “battery-containing product producer,” or “producer” means one of the following with regard to a battery or battery-containing product that is sold or offered for sale in the State:

(A) a person who manufactures a battery or battery-containing product and who sells or offers for sale that battery or battery-containing product in the State under the person’s own name or brand;

(B) if subdivision (A) of this subdivision (12) does not apply, a person who owns or licenses a trademark or brand under which a battery or battery-containing product is sold or offered for sale whether or not the trademark is registered; or

(C) if subdivisions (A) and (B) of this subdivision (12) do not apply, a person who imports a battery or battery-containing product into the State for sale.

(13) “Battery stewardship organization” means an organization appointed by one or more producers to act as an agent on behalf of a producer or producers to design, submit, implement, and administer a battery stewardship plan under this chapter.

(14) “Battery stewardship plan” or “plan” means a plan submitted to the Secretary pursuant to section 7584 of this title by an individual producer or a battery stewardship organization.

(15) “Program” or “stewardship program” means the system for the collection, transportation, recycling, and disposal of batteries implemented pursuant to an approved battery stewardship plan.

(16)(A) “Rechargeable battery” means:

(i) one or more voltaic or galvanic cells, electrically connected to produce electric energy and designed to be recharged;

(ii) weighing not more than 25 pounds; or

(iii) having a watt-hour rating of not more than 2,000 watt-hours.

(B) “Rechargeable battery” does not mean:

(i) a battery that is not easily removable from a battery-containing product;

(ii) a battery that contains electrolyte as a free liquid;

(iii) a battery that employs lead-acid technology, unless the battery:

(I) is sealed;

(II) contains no liquid electrolyte; and

(III) weighs not more than 11 pounds;

(iv) a battery recalled by the producer for safety reasons; or

(v) a battery contained within a medical device, as specified in 21 U.S.C. § 321(h) as it existed on July 1, 2024, that is not designed and marketed for sale or resale principally at retail for personal use.

(17) “Recycling” means any process by which discarded products, components, and byproducts are transformed into new usable or marketable materials in a manner in which the original products may lose their identity, but does not include energy recovery or energy generation by means of combusting discarded products, components, and byproducts with or without other waste products.

(18) “Retailer” means a person who offers a covered battery or battery-containing product for sale in the State through any means, including remote offerings such as sales outlets, catalogues, or an internet website.

(19) “Secretary” means the Secretary of Natural Resources.

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

Subchapter 2 Battery Stewardship Program

§ 7582 Sale of primary batteries, rechargeable batteries, and battery-containing products

(a) Sale prohibited. Except as set forth under subsection (b) of this section, a producer of a primary battery, of a rechargeable battery, or of a battery-containing product shall not sell, offer for sale, or deliver to a retailer for subsequent sale a primary battery, a rechargeable battery, or a battery-containing product unless:

(1) the producer or the battery stewardship organization in which the producer is participating is registered under an approved and implemented battery stewardship plan;

(2) the producer or battery stewardship organization has paid the fee under section 7594 of this title; and

(3) the name of the producer and the producer’s brand are designated on the Agency website as covered by an approved battery stewardship plan.

(b) New producers.

(1) A producer of a primary battery who, after January 1, 2016, seeks to sell, offer for sale, or offer for promotional purposes in the State a primary battery not previously sold in State shall notify the Secretary prior to selling or offering for sale or promotion a primary battery not covered by an approved battery stewardship plan.

(2) A producer of a rechargeable battery or battery-containing product who, after January 1, 2026, seeks to sell, offer for sale, or offer for promotional purposes in the State a rechargeable battery or battery-containing product not previously sold in State shall notify the Secretary prior to selling or offering for sale or promotion a rechargeable battery or battery-containing product not covered by an approved battery stewardship plan.

(3) The Secretary shall list a producer who supplies notice under this subsection as a “new producer” on the Agency’s website. A producer that supplies notice under this subsection shall have 90 days, not including the time required for public comment under subsection 7586(c) of this section, to either join an existing battery stewardship organization or submit a battery stewardship plan for approval to the State.

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

§ 7583 Battery stewardship organization; requirements; registration

(a) Participation in a battery stewardship organization. A producer of covered batteries or battery-containing products may meet the requirements of this chapter by participating in a battery stewardship organization that undertakes the producer’s responsibilities under sections 7582, 7584, and 7585 of this title.

(b) Qualifications for a battery stewardship organization. To qualify as a battery stewardship organization under this chapter, an organization shall:

(1) commit to assume the responsibilities, obligations, and liabilities of all producers participating in the battery stewardship organization;

(2) not create unreasonable barriers for participation by producers in the battery stewardship organization; and

(3) maintain a public website that lists all producers and producers’ brands covered by the battery stewardship organization’s approved collection plan.

(c) Registration requirements.

(1) Annually, a battery stewardship organization shall file a registration form with the Secretary. The Secretary shall provide the registration form to a battery stewardship organization. The registration form shall require submission of the following information:

(A) a list of the producers participating in the battery stewardship organization;

(B) the name, address, and contact information of a person responsible for ensuring a producer’s compliance with this chapter;

(C) a description of how the battery stewardship organization proposes to meet the requirements of subsection (a) of this section, including any reasonable requirements for participation in the battery stewardship organization; and

(D) the name, address, and contact information of a person for a nonmember manufacturer to contact on how to participate in the battery stewardship organization to satisfy the requirements of this chapter.

(2) A renewal of a registration without changes may be accomplished through notifying the Secretary on a form provided by the Secretary.

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

§ 7584 Battery stewardship plan

(a) Battery stewardship plan required. Each producer selling, offering for sale, distributing, or offering for promotional purposes a primary battery, a rechargeable battery, or a battery-containing product in the State shall individually or as part of a battery stewardship organization submit a battery stewardship plan to the Secretary for review.

(b) Battery stewardship plan; minimum requirements. Each battery stewardship plan shall include, at a minimum, all of the following elements:

(1) List of producers and brands. Each battery stewardship plan shall list:

(A) all participating producers and contact information for each of the participating producers; and

(B) the brands of batteries or battery-containing products covered by the plan.

(2) Free collection. Each battery stewardship plan shall provide for the collection of covered batteries from covered entities at no cost to covered entities. A producer shall not refuse the collection of a covered battery based on the brand or producer of the battery.

(3) Collection; convenience. Except for damaged and defective lithium batteries and lithium-ion batteries with over 300 watt-hours, each battery stewardship plan shall:

(A) Allow all retailers, all municipalities, certified solid waste management facilities, and certified salvage yards that meet requirements specified in the plan to opt in to be a collection facility.

(B) Provide, at a minimum, not fewer than two collection facilities in each county in the State that provide for collection throughout the year.

(C) Provide for the acceptance of up to 100 batteries per visit. A collection facility may agree to accept more than 100 batteries per visit.

(4) Collection of damaged and defective lithium batteries and lithium- ion batteries with over 300 watt-hours. Each battery stewardship plan shall:

(A) allow any certified solid waste facility to collect damaged and defective lithium batteries and lithium-ion batteries with over 300 watt-hours, provided that facility can meet the safety requirements as outlined in the stewardship plan;

(B) include how the program will provide packaging consistent with the requirements found in the U.S. Department of Transportation Hazardous Materials Regulations and the necessary forms and instructions for the safe transportation of damaged or defective lithium batteries and lithium-ion batteries with over 300 watt-hours at no cost to certified solid waste facilities; and

(C) unless otherwise approved by the Secretary, provide throughout the year not fewer than two collection facilities, at a minimum, in each county in the State for the collection of damaged and defective lithium batteries and lithium-ion batteries with over 300 watt-hours.

(5) Method of disposition. Each battery stewardship plan shall include a description of the method that will be used to responsibly manage discarded batteries to ensure that the components of the discarded batteries, to the extent economically and technically feasible, are recycled.

(6) Roles and responsibilities. A battery stewardship plan shall list all key participants in the battery collection chain, including:

(A) the number and name of the collection facilities accepting the batteries to be collected under the plan, including the address and contact information for each facility;

(B) the name and contact information of a transporter or contractor collecting batteries from collection facilities; and

(C) the name, address, and contact information of the recycling facilities that process the collected batteries.

(7) Education and outreach. A battery stewardship plan shall include an education and outreach program. The education and outreach program may include mass media advertising in radio or television broadcasts newspaper publications of general circulation in the State, retail displays, articles in trade and other journals and publications, social media and internet sites, and other public educational efforts. The education and outreach program shall describe the outreach procedures that will be used to provide notice of the program to businesses, municipalities, certified solid waste management facilities, retailers, wholesalers, and haulers. At a minimum, the education and outreach program shall notify the public of the following:

(A) that there is a free collection program for all batteries; and

(B) the location of collection points and how to access the collection program.

(8) Reimbursement. A battery stewardship plan shall include a reimbursement procedure that is consistent with the requirements of subchapter 4 of this chapter.

(9) Performance goal; collection rate. A battery stewardship plan shall include a collection rate performance goal for the primary batteries and rechargeable batteries subject to the plan. The collection rate includes the estimated total weight of primary batteries and rechargeable batteries that will be sold or offered for sale in the State by the producer or the producers participating in the battery stewardship plan.

(10) Safety training. A battery stewardship plan shall describe how it shall provide safety training for collection locations, including handling damaged and defective lithium batteries and lithium-ion batteries with over 300 watt-hours.

(11) Fair compensation. Each battery stewardship plan shall provide a description of how municipalities and certified solid waste management facilities acting as battery collection facilities for the program shall be fairly compensated for labor and material costs associated with collecting, sorting, storing, and shipping batteries.

(c) Implementation.

(1) A producer or a battery stewardship organization shall implement the collection plan not later than six months after the date of a final decision by the Secretary on the adequacy of the collection plan.

(2) A producer or battery stewardship organization shall include provisions in the plan for the implementation of the program in conjunction with those retailers, municipalities, and certified solid waste management facilities acting as collection facilities under a program. No transportation or recycling cost shall be imposed on retailers, municipalities, or certified solid waste management facilities acting as collection facilities under a program. A producer or a battery stewardship organization shall provide retailers, municipalities, and certified solid waste management facilities acting as collection facilities products or equipment for setting up a collection point and for providing for the pickup of collected batteries, including arranging for the management of those batteries.

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

§ 7585 Annual report; plan audit

(a) Annual report. Annually, a battery producer or a battery stewardship organization shall submit a report to the Secretary that contains the following:

(1) the weight of covered batteries collected by chemistry by the producer or the battery stewardship organization in the prior calendar year;

(2) the percentage of covered batteries collected in the prior calendar year that are from producers who are not participating in any approved stewardship plan, based on periodic sorting of batteries by the reporting producer;

(3) the collection rate achieved in the prior calendar year under the battery stewardship plan, including a report of the estimated total sales data by weight for covered batteries sold in the State for the previous three calendar years;

(4) the locations for all collection points set up by the battery stewardship plan and contact information for each location;

(5) examples and description of educational materials used to increase collection;

(6) the manner in which the collected covered batteries were managed;

(7) any material change to the battery stewardship plan approved by the Secretary pursuant to section 7586 of this title; and

(8) the cost of implementation of the battery stewardship plan, including the costs of collection, recycling, education, and outreach.

(b) Plan audit. After five years of implementation of an approved battery stewardship plan, a covered battery producer or battery stewardship organization shall hire an independent third party to conduct a one-time audit of the battery stewardship plan and plan operation. The auditor shall examine the effectiveness of the battery stewardship plan in collecting and recycling covered batteries. The independent auditor shall examine the cost-effectiveness of the plan and compare it to that of collection plans or programs for covered batteries in other jurisdictions. The independent auditor shall submit the results of the audit to the Secretary as part of the annual report required under subsection (a) of this section.

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

§ 7586 Agency responsibilities; approval of plans

(a) Approval of plan. Within 90 days after receipt of a proposed battery stewardship plan, not including the time required for public comment under chapter 170 of this title, the Secretary shall determine whether the plan complies with the requirements of section 7584 of this title. If the Secretary determines that a plan complies with the requirements of section 7584 of this title, the Secretary shall notify the applicant of the plan approval in writing. If the Secretary rejects a battery stewardship plan, the Secretary shall notify the applicant in writing of the reasons for rejecting the plan. An applicant whose plan is rejected by the Secretary shall submit a revised plan to the Secretary within 45 days following receiving notice of rejection. A battery stewardship plan that is not approved or rejected by the Secretary within 90 days, not including the time required for public comment under chapter 170 of this title, following submission by a producer shall be deemed approved.

(b) Plan amendment; changes. Any changes to a proposed battery stewardship plan shall be approved by the Secretary in writing. The Secretary, in the Secretary’s discretion or at the request of a producer, may require a producer or a battery stewardship organization to amend an approved plan.

(c) Public review. When the Secretary receives a request to approve or amend a battery stewardship plan under this subchapter, the Secretary shall proceed in accordance with chapter 170 of this title.

(d) [Repealed.]

(e) Registrations. The Secretary shall accept, review, and approve or deny battery stewardship organization registrations submitted under section 7583 of this title.

(f) Agency website. The Secretary shall maintain a website that includes a copy of all approved battery stewardship plans, the names of producers with approved plans, participation in approved plans, or other compliance with this chapter. The website shall list all of an approved primary battery producer’s, rechargeable battery producer’s, and battery-containing product producer’s brands covered by a battery stewardship plan filed with the Secretary. The Secretary shall update information on the website within 10 days following receipt of notice of any change to the listed information. The website shall list all known primary battery producers, rechargeable battery producers, and battery-containing product producers exempt from the requirements of this chapter under subsection 7582(c) of this title.

(g) Term of battery stewardship plan. A battery stewardship plan approved by the Secretary under this section shall have a term not to exceed five years, provided that the battery producer or battery stewardship organization remains in compliance with the requirements of this chapter and the terms of the approved plan.

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2015, No. 150 (Adj. Sess.), § 31, eff. Jan. 1, 2018; 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

§ 7587 Retailer obligations [Effective until January 1, 2026; see also 10 V.S.A. § 7587 effective January 1, 2026, set out below]

(a) Sale prohibited. Except as set forth in subsection (b) of this section, no retailer shall sell or offer for sale a primary battery on or after January 1, 2016 unless the producer of the primary battery is implementing an approved primary battery stewardship plan, is a member of a primary battery stewardship organization implementing an approved primary battery stewardship plan, or is exempt from participation in an approved plan, as determined by review of the producers listed on the Agency website required in subsection 7586(f) of this title.

(b) Inventory exception; expiration or revocation of producer registration. A retailer shall not be responsible for an unlawful sale of a primary battery under this subsection if:

(1) the retailer purchased the primary battery prior to January 1, 2016 and sells the primary battery on or before January 1, 2017; or

(2) the producer’s primary battery stewardship plan expired or was revoked, and the retailer took possession of the in-store inventory of primary batteries prior to the expiration or revocation of the producer’s primary battery stewardship plan.

(c) Educational material. A producer or primary battery stewardship organization supplying primary batteries to a retailer shall provide the retailer with educational materials describing collection opportunities for primary batteries. The retailer shall make the educational materials available to consumers.

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)

§ 7587 Retailer obligations [Effective January 1, 2026; see also 10 V.S.A. § 7587 effective until January 1, 2026]

(a) Sale prohibited. Except as set forth in subsection (b) of this section, no retailer shall sell or offer for sale a primary battery, rechargeable battery, or battery-containing product on or after January 1, 2026 unless the producer of the primary battery, rechargeable battery, or battery-containing product is implementing an approved battery stewardship plan, is a member of a battery stewardship organization implementing an approved battery stewardship plan, or is exempt from participation in an approved plan, as determined by review of the producers listed on the Agency website required in subsection 7586(f) of this title.

(b) Inventory exception; expiration or revocation of producer registration. A retailer shall not be responsible for an unlawful sale of a primary battery, rechargeable battery, or battery-containing product under this subsection if:

(1) the retailer purchased the primary battery weighing 4.4 pounds or less prior to January 1, 2016 and sells the primary battery on or before January 1, 2017;

(2) the retailer purchased the primary battery weighing more than 4.4. pounds, battery-containing product, or rechargeable battery, prior to January 1, 2026 and sells the primary battery, battery-containing product, or rechargeable battery on or before January 1, 2027; or

(3) the producer’s battery stewardship plan expired or was revoked, and the retailer took possession of the in-store inventory of primary batteries, rechargeable batteries, or battery-containing products prior to the expiration or revocation of the producer’s battery stewardship plan.

(c) Educational material. A producer or battery stewardship organization supplying covered batteries to a retailer shall provide the retailer with educational materials describing collection opportunities for primary batteries and rechargeable batteries. The retailer shall make the educational materials available to consumers.

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. January 1, 2026.)

Subchapter 3 Registration of Rechargeable Battery Stewardship Organization

§ 7588 Repealed

[Repealed]

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)

Subchapter 4 Reimbursement

§ 7589 Reimbursement; authorization

(a) Reimbursement of primary battery producers and rechargeable battery producers.

(1) A producer or a battery stewardship organization operating under an approved battery stewardship plan that collects primary batteries and rechargeable batteries that are not listed under its approved plan shall be entitled to reimbursement from the following entities of reimbursable costs per unit of weight incurred in collecting the batteries: the producer of the collected primary battery or rechargeable battery or the battery stewardship organization representing the producer of the collected primary battery or rechargeable battery.

(2) Reimbursement may be requested by a collecting primary battery producer or rechargeable battery producer or battery stewardship organization only after that producer or battery stewardship organization has achieved the collection rate performance goal approved by the Secretary under section 7584 of this title.

(b) Reimbursable costs. Under this subchapter, reimbursement shall be allowed only for those costs incurred in collecting the batteries subject to the reimbursement request. Reimbursable costs include:

(1) costs of collection, transport, recycling, and other methods of disposition identified in a battery stewardship plan approved pursuant to section 7586 of this title; and

(2) reasonable educational, promotional, or administrative costs.

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

§ 7590 Reimbursement process

(a) Reimbursement request.

(1) A battery producer or battery stewardship organization that incurs reimbursable costs under section 7589 of this title shall submit a request to the producer of the collected battery or the battery stewardship organization in which the producer is participating for the collected covered battery.

(2) A producer or battery stewardship organization that receives a request for reimbursement may, prior to payment and within 30 days following receipt of the request for reimbursement, request an independent audit of submitted reimbursement costs.

(3) The independent auditor shall be responsible for verifying the reasonableness of the reimbursement request, including the costs sought for reimbursement, the amount of reimbursement, and the reimbursable costs assessed by each of the two programs.

(4) If the independent audit confirms the reasonableness of the reimbursement request, the producer or battery stewardship organization, requesting the audit shall pay the cost of the audit and the amount of the reimbursement calculated by the independent auditor. If the independent audit indicates the reimbursement request was not reasonable, the producer or battery stewardship organization that initiated the reimbursement request shall pay the cost of the audit and the amount of the reimbursement calculated by the independent auditor.

(b) Role of Agency. The Agency shall not be required to provide assistance or otherwise participate in a reimbursement request, audit, or other action under this section, unless subject to subpoena before a court of jurisdiction

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

Subchapter 5 Private Right of Action

§ 7591 Private right of action

(a) Action against producer with no battery stewardship plan. A producer or a battery stewardship organization implementing an approved battery stewardship plan in compliance with the requirements of this chapter may bring a civil action against another producer or battery stewardship organization for damages when:

(1) the plaintiff producer or battery stewardship organization incurs more than $1,000.00 in actual reimbursable costs collecting, handling, recycling, or properly disposing of primary batteries or rechargeable batteries sold or offered for sale in the State by that other producer;

(2) the producer from whom damages are sought:

(A) can be identified as the producer of the collected primary batteries or rechargeable batteries from a brand or marking on the discarded battery or from other information available to the plaintiff producer or battery stewardship organization; and

(B) does not operate or participate in an approved battery stewardship organization in the State or is not otherwise in compliance with the requirements of this chapter.

(b) Action against producer with an approved battery stewardship plan. A battery producer or a battery stewardship organization in compliance with the requirements of this chapter may bring a civil action for damages against a battery producer or a battery stewardship organization in the State that is in compliance with the requirements of this chapter, provided that the conditions of subsection (c) of this section have been met.

(c) Condition precedent to cause of action. Except as authorized under subsection (a) of this section, a cause of action under this section shall be allowed only if:

(1) a plaintiff producer or battery stewardship organization submitted a reimbursement request to another producer or battery stewardship organization under subchapter 4 of this chapter; and

(2) the plaintiff producer or stewardship organization does not receive reimbursement within:

(A) 90 days of the reimbursement request, if no independent audit is requested under subchapter 4 of this chapter; or

(B) 60 days after completion of an audit if an independent audit is requested under subchapter 4 of this chapter, and the audit confirms the validity of the reimbursement request.

(d) Role of Agency. The Agency shall not be a party to or be required to provide assistance or otherwise participate in a civil action authorized under this section solely due to its regulatory requirements under this chapter, unless subject to subpoena before a court of jurisdiction.

(e) Damages; definitions. As used in this section, “damages” means the actual, reimbursable costs a plaintiff producer or battery stewardship organization incurs in collecting, handling, recycling, or properly disposing of primary batteries or rechargeable batteries reasonably identified as having originated from another primary battery producer or battery stewardship organization.

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

Subchapter 6 General Provisions

§ 7592 Confidentiality of submitted data

(a) Confidentiality. Reports and data submitted under this chapter shall be available for public inspection and copying, provided that:

(1) Information protected under the Uniform Trade Secrets Act, as codified under 9 V.S.A. chapter 143, or under the trade secret exemption under 1 V.S.A. § 317(c)(9) shall be exempt from public inspection and copying under the Public Records Act.

(2) The Secretary may publish information confidential under subdivision (1) of this subsection in a summary or aggregated form that does not directly or indirectly identify individual producers, battery stewards, distributors, or retailers.

(b) Omission of trade secret information. The Secretary may require, as a part of a report submitted under this chapter, that the producer or battery stewardship organization submit a report that does not contain trade secret information and is available for public inspection and review.

(c) Total weight of batteries. The total weight of batteries collected under an approved battery stewardship plan is not confidential business information under the Uniform Trade Secrets Act, as codified under 9 V.S.A. chapter 143, and shall be subject to inspection and review under the Public Records Act, 1 V.S.A chapter 5, subchapter 3.

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

§ 7593 Antitrust; conduct authorized

(a) Activity authorized. A producer, group of producers, or a battery stewardship organization implementing or participating in an approved battery stewardship plan under this chapter for the collection, transport, processing, and end-of-life management of primary batteries and rechargeable batteries is individually or jointly immune from liability for the conduct under State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce under 9 V.S.A. chapter 63, subchapter 1, to the extent that the conduct is reasonably necessary to plan, implement, and comply with the producer’s, group of producers’, or battery stewardship organization’s chosen system for managing discarded primary batteries and rechargeable batteries. This subsection shall also apply to conduct of a retailer or wholesaler participating in a producer or battery stewardship organization’s approved battery stewardship plan when the conduct is necessary to plan and implement the producer’s or battery stewardship organization’s organized collection or recycling system for discarded batteries.

(b) Limitations on anti-trust activity. Subsection (a) of this section shall not apply to an agreement among producers, groups of producers, retailers, wholesalers, or battery stewardship organizations affecting the price of primary batteries or rechargeable batteries or any agreement restricting the geographic area in which, or customers to whom, primary batteries or rechargeable batteries shall be sold.

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

§ 7594 Administrative fee

(a) Fees assessed. A battery producer or battery stewardship organization shall pay a fee of $15,000.00 annually for operation under a battery stewardship plan approved by the Secretary under section 7586 of this title.

(b) Disposition of fees. The fees collected under subsection (a) of this section shall be deposited in the Environmental Permit Fund under 3 V.S.A. § 2805.

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

§ 7595 Rulemaking; procedure

The Secretary may adopt rules or procedures to implement the requirements of this chapter.

(Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

Chapter 170 Department of Environmental Conservation; Standard Procedures

Subchapter 1 General Provisions

§ 7701 Department of Environmental Conservation; standard procedures

The purpose of this chapter is to establish standard procedures for public notice, public meetings, and decisions relating to applications for permits issued by the Department of Environmental Conservation.

(Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)

§ 7702 Definitions

As used in this chapter:

(1) “Adjoining property owner” means a person who owns land in fee simple, if that land:

(A) shares a property boundary with a tract of land where proposed or actual activity regulated by the Department is located; or

(B) is adjacent to a tract of land where such activity is located and the two properties are separated only by a river, stream, or public highway.

(2) “Administrative amendment” means an amendment to an individual permit, general permit, or notice of intent under a general permit that corrects typographical errors, changes the name or mailing address of a permittee, authorizes a transfer of a permit when authorized under rule, or makes other similar changes to a permit that do not require technical review of the permitted activity or the imposition of new conditions or requirements.

(3) “Administrative record” means the application and any supporting data furnished by the applicant; all information submitted by the applicant during the course of reviewing the application; the draft permit or notice of intent to deny the application; the fact sheet and all documents cited in the fact sheet, if applicable; all comments received during the public comment period; the recording or transcript of any public meeting or meetings held; any written material submitted at a public meeting; the response to comments; the final permit; any document used as a basis for the final decision; and any other documents contained in the permit file.

(4) “Administratively complete application” means an application for a permit for which all initially required documentation has been submitted, and any required permit fee, and the information submitted initially addresses all application requirements but has not yet been subjected to a complete technical review.

(5) “Agency” means the Agency of Natural Resources.

(6) “Clean Air Act” means the federal statutes on air pollution prevention and control, 42 U.S.C. § 7401 et seq.

(7) “Clean Water Act” means the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.

(8) “Commissioner” means the Commissioner of Environmental Conservation or the Commissioner’s designee.

(9) “Department” means the Department of Environmental Conservation.

(10) “Document” means any written or recorded information, regardless of physical form or characteristics, that the Department produces or acquires in the course of reviewing an application for a permit.

(11) “Environmental notice bulletin” or “bulletin” means the website and e-mail notification system required by 3 V.S.A. § 2826.

(12) “Fact sheet” means a document that briefly sets forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing a draft decision.

(13) “General permit” means a permit that applies to a class or category of discharges, emissions, disposal, facilities, or activities within a common geographic area, including the entire State or a region of the State.

(14) “Individual permit” means a permit that authorizes a specific discharge, emission, disposal, facility, or activity that contains terms and conditions that are specific to the discharge, emission, disposal, facility, or activity.

(15) “Major amendment” means an amendment to an individual permit or notice of intent under a general permit that necessitates technical review.

(16) “Minor amendment” means an amendment to an individual permit or notice of intent under a general permit that requires a change in a condition or requirement, does not necessitate technical review, and is not an administrative amendment.

(17) “Notice of intent under a general permit” means an authorization issued by the Secretary to undertake an action authorized by a general permit.

(18) “Permit” includes any permit, certification, license, registration, determination, or similar form of permission required from the Department by law. However, the term excludes a professional license issued pursuant to chapter 48, subchapter 3 (licensing of well drillers) of this title and sections 1674 (water supply operators), 1936 (UST inspector licenses), 6607 (hazardous waste transporters), and 6607a (waste transportation) of this title.

(19) “Person” shall have the same meaning as under section 8502 of this title.

(20) “Person to whom notice is federally required” means a person to whom notice of an application or draft decision must be given under federal regulations adopted pursuant to the Clean Air Act or Clean Water Act.

(21) “Public meeting” means a meeting that is open to the public and recorded or transcribed, at which the Department shall provide basic information about the draft permit decision, an opportunity for questions to the applicant and the Department, and an opportunity for members of the public to submit oral and written comments.

(22) “Secretary” means the Secretary of Natural Resources or designee.

(23) “Technical review” means the application of scientific, engineering, or other professional expertise to the facts to determine whether activity for which a permit is requested meets the standards for issuing the permit under statute and rule.

(Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018; amended 2021, No. 170 (Adj. Sess.), § 10, eff. July 1, 2022.)

§ 7703 Rules; additional notice or procedures

(a) Rules.

(1) Implementing rules. The Secretary may adopt rules to implement this chapter.

(2) Complex projects; preapplication process. The Secretary shall adopt rules to determine when a project requiring a permit is large and complex. These rules shall provide that an applicant proposing such a project, prior to filing an application for a permit, shall initiate a project scoping process pursuant to 3 V.S.A. § 2828 or shall hold an informational meeting that is open to the public. The rules shall ensure that:

(A) Written notice of an informational meeting under this section is sent to the owner of the land where the project is located if the applicant is not the owner; the municipality in which the project is located; the municipal and regional planning commissions for any municipality in which the project is located; if the project site is located on a boundary, any Vermont municipality adjacent to that boundary and the municipal and regional planning commissions for that municipality; and each adjoining property owner. At the time this written notice is sent, the Secretary also shall post the notice to the environmental notice bulletin.

(B) The notice to adjoining property owners informs them of how they can continue to receive notices and information through the environmental notice bulletin concerning the project as it is reviewed by the Secretary.

(C) The applicant furnishes by affidavit to the Secretary the names of those furnished notice and certifies compliance with the notice requirements of this subsection.

(D) The applicant and the Secretary or designee shall attend the meeting. The applicant shall respond to questions from other attendees.

(b) Additional notice.

(1) The Secretary may require, by rule or in an individual case, measures in addition to those directed by this chapter using any method reasonably calculated to give direct notice to persons potentially affected by a decision on the application.

(2) In an individual case, the Secretary may determine to apply the procedures of section 7713 (Type 2) of this chapter to the issuance of a permit otherwise subject to the procedures of section 7715 (Type 4) or section 7716 (Type 5) of this chapter.

(c) Extension of deadlines. A person may request that the Secretary extend any deadline for comment or requesting a public informational meeting established by this chapter. The person shall submit the request before the deadline and include a brief explanation of why the extension is justified. If the request is granted, the Secretary shall provide notice of the new deadline through the environmental notice bulletin.

(Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)

§ 7704 Administrative record

(a) The Secretary shall create an administrative record for each application for a permit and shall make the administrative record available to the public.

(b) The Secretary shall base a draft or final decision on each application for a permit on the administrative record.

(c) With respect to permits issued under the Clean Air Act and Clean Water Act, the Secretary shall comply with any requirements under those acts concerning the maintenance and availability of the administrative record.

(Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)

§ 7705 Time; how computed

In this chapter:

(1) When time is to be reckoned from a day, date, or an act done, the day, date, or day when the act is done shall not be included in the computation.

(2) Computation of a time period shall use calendar days.

(Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)

Subchapter 2 Standard Procedures

§ 7711 Permit procedures; standard provisions

(a) Notice through the environmental notice bulletin. When this chapter requires notice through the environmental notice bulletin:

(1) The bulletin shall generate and send an e-mail to notify:

(A) each person requiring notice under section 7712 of this chapter;

(B) the applicant;

(C) each person on an interested persons list;

(D) each municipality in which the activity to be permitted is located, except for notice of a draft or final general permit; and

(E) each other person to whom this chapter directs that a particular notice be provided through the bulletin.

(2) At a minimum, each notice generated by the bulletin shall contain:

(A) the name and contact information for the person at the Agency processing the permit;

(B) the name and address of the permit applicant, if applicable;

(C) the name and address of the facility or activity to be permitted, if applicable;

(D) a brief description of the activity for which the permit would be issued;

(E) the length of the period for submitting written comments and the process for submitting those comments, if applicable, and notice of the requirements regarding submission of comments during that period or at a public meeting in order to appeal under chapter 220 of this title;

(F) the process for requesting a public meeting, if applicable;

(G) when a public meeting has been scheduled, the time, date, and location of the meeting and a brief description of the nature and purpose of the meeting;

(H) when issued, the draft permit or notice of intent to deny a permit, and the period and process for submitting written comments on that draft permit or notice;

(I) when issued, the final decision issuing or denying a permit, and the process for appealing the decision; and

(J) any other information that this chapter directs be included in a particular notice to be generated by the bulletin.

(3) The environmental notice bulletin shall provide notice by mail as required by 3 V.S.A. § 2826.

(b) Notice to adjoining property owners. When this chapter requires notice of an application to adjoining property owners, the applicant shall provide notice of the application by U.S. mail to all adjoining property owners, on a form developed by the Secretary, at the time the application is submitted to the Secretary. The form shall state how the property owners can continue to receive notices and information concerning the project as it is reviewed by the Secretary. The applicant shall provide a signed certification to the Secretary that all adjoining property owners have been notified of the application. However, if the applicant has provided written notice to adjoining property owners as part of the preapplication engagement process for complex projects under rules adopted in accordance with subsection 7703(a) of this title, then instead of the written notice required of the applicant by this subsection, the Department shall provide notice of the application through the environmental notice bulletin to those adjoining property owners who have requested notice.

(c) Comment period length. When this chapter requires the Secretary to provide a public comment period, the length of the period shall be at least 30 days, unless this chapter applies a different period for submitting comments on the particular type of permit.

(d) Period to request a public meeting. When this chapter allows a person to request a public meeting on a draft decision, the person shall submit the request within 14 days of the date on which notice of the draft decision is posted to the environmental notice bulletin, unless this chapter specifies a different period for requesting a hearing on the particular type of permit.

(e) Public meeting; notice; additional comment period. When the Secretary holds a public meeting under this chapter:

(1) The Secretary shall:

(A) provide at least 14 days’ prior notice of the public meeting through the environmental notice bulletin, unless this chapter specifies a different notice period for a public meeting on the particular type of permit;

(B) include in the notice, in addition to the information required by subsection (a) of this section, the date the Secretary gave notice of an administratively complete application, if applicable; and

(C) hold the period for written comments open for at least seven days after the meeting.

(2) The applicant or applicant’s representative and the Secretary or designee shall attend the meeting. The applicant shall cause to be present those professionals retained in the preparation of the application. At the meeting, the applicant and the Secretary each shall answer questions relevant to the application or draft decision to the best of their ability.

(f) Draft decisions. When this chapter requires the Secretary to post a draft decision or draft general permit to the environmental notice bulletin, the Secretary shall post to the bulletin the draft decision or draft general permit and all documents on which the Secretary relied in issuing the draft. This post shall include instructions on how to inspect and how to request a copy of each other document that is part of the administrative record of the draft decision or permit.

(g) Response to comments. When this chapter requires the Secretary to provide a response to comments, the Secretary shall provide a response to each comment received during the comment period and the basis for the response. The Secretary also shall specify each provision of the draft decision that has been changed in the final decision and the reasons for each change. The Secretary shall post the response to comments to the environmental notice bulletin and send it to all commenters.

(h) Final decisions; content; notice.

(1) The Secretary’s final decision on an application for a permit or on the issuance of a general permit shall include a concise statement of the facts and analysis supporting the decision that is sufficient to apprise the reader of the decision’s factual and legal basis. The final decision also shall provide notice that it may be appealed and state the period for filing an appeal and how and where to file an appeal.

(2) When this chapter requires that the Secretary post a final decision to the environmental notice bulletin, the Secretary also shall send a copy of the final decision to all commenters.

(Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)

§ 7712 Type 1 Procedures

(a) Purpose; scope.

(1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when adopting general permits and considering applications for individual permits under the Clean Air Act and Clean Water Act.

(2) This section governs each application for a permit to be issued by the Secretary pursuant to the requirements of the Clean Air Act or Clean Water Act and to each general permit to be issued under one of those acts. However, the subsection does not apply to a notice of intent under a general permit. The procedures under this section shall be known as Type 1 Procedures.

(b) Notice of application.

(1) The applicant shall provide notice to adjoining property owners.

(2) At least 15 days prior to posting a draft decision, the Secretary shall provide notice of an administratively complete application through the environmental notice bulletin. The environmental notice bulletin shall send notice of such an application to each person to whom notice is federally required.

(3) This subsection shall not apply to a general permit issued under this section.

(c) Notice of draft decision or draft general permit. The Secretary shall provide notice of a draft decision or draft general permit through the environmental notice bulletin and shall post the draft decision or permit to the bulletin. In addition to the requirements of section 7711 of this chapter:

(1) The Secretary shall post a fact sheet to the bulletin.

(2) The environmental notice bulletin shall send notice of the draft to each person to whom notice is federally required.

(3) The Secretary shall provide newspaper notice of the draft decision as required by this subdivision (3).

(A) If the draft decision pertains to an application for an individual permit, the Secretary shall provide notice in a daily or weekly newspaper in the area of the proposed project if the project is classified as major pursuant to the Clean Water Act or chapter 47 of this title or if required by federal statute or regulation.

(B) If the draft decision is a draft general permit, the Secretary shall provide notice in daily or weekly newspapers in each region of the State to which the draft general permit will apply.

(C) In addition to the requirements of this chapter and 3 V.S.A. § 2826, the notice from the environmental notice bulletin and the newspaper notice shall include all information required pursuant to applicable federal statute and regulation.

(d) Comment period. The Secretary shall provide a public comment period.

(e) Public meeting. On or before the end of the comment period, any person may request a public meeting on the draft decision or draft general permit issued under this section. The Secretary shall hold a public meeting whenever any person files a written request for such a meeting. The Secretary otherwise may hold a public meeting at his or her discretion. The Secretary shall provide at least 30 days’ notice of the public meeting through the environmental notice bulletin. If the notice of the public meeting is not issued at the same time as the draft decision or draft general permit, the Secretary also shall provide notice of the public meeting in the same manner as required for the draft decision or permit under subsection (c) of this section.

(f) Notice of final decision or final general permit. The Secretary shall provide notice of the final decision or final general permit through the environmental notice bulletin and shall post the final decision or permit to the bulletin. When the Secretary issues the final decision or final general permit, the Secretary shall provide a response to comments.

(g) Compliance with Clean Air and Water Acts. With respect to issuance of a permit under the Clean Air Act or Clean Water Act, if a requirement under those acts directs the Secretary to provide the public with greater notice, opportunity to participate, or access to information than the corresponding requirement of this chapter, the Secretary shall comply with the federal requirement.

(Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)

§ 7713 Type 2 Procedures

(a) Purpose; scope.

(1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when considering applications for individual permits, except for individual permits specifically listed in other sections of this subchapter, and when considering other permits listed in this section.

(2) The procedures under this section shall be known as Type 2 Procedures. This section governs an application for each of the following:

(A) an individual permit issued pursuant to the Secretary’s authority under this title and 29 V.S.A. chapter 11, except for permits governed by sections 7712 and 7714-7716 of this chapter;

(B) [Repealed.]

(C) an individual shoreland permit under chapter 49A of this title;

(D) a public water system source permit under section 1675 of this title;

(E) a provisional certification issued under section 6605d of this title; and

(F) a corrective action plan under section 6648 of this title.

(b) Notice of application.

(1) The applicant shall provide notice of the application to adjoining property owners.

(A) For public water system source protection areas, the applicant also shall provide notice to all property owners located in:

(i) zones 1 and 2 of the source protection area for a public community water system source; and

(ii) the source protection area for a public nontransient noncommunity water system source.

(B) For an individual shoreland permit under chapter 49A of this title:

(i) The notice to adjoining property owners shall be to the adjoining property owners on the terrestrial boundary of the shoreland.

(ii) This chapter does not require notice to owners of property across the lake as defined in that chapter.

(2) The Secretary shall provide notice of an administratively complete application through the environmental notice bulletin.

(c) Notice of draft decision; comment period. The Secretary shall provide notice of a draft decision through the environmental notice bulletin and shall post the draft decision to the bulletin. The Secretary shall provide a public comment period.

(d) Public meeting. The Secretary shall hold a public meeting whenever any person files a written request for such a meeting. The Secretary otherwise may hold a public meeting at his or her discretion.

(e) Notice of final decision. The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the final decision to the bulletin. When the Secretary issues the final decision, the Secretary shall provide a response to comments.

(Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018; amended 2021, No. 170 (Adj. Sess.), § 11, eff. July 1, 2022.)

§ 7714 Type 3 Procedures

(a) Purpose; scope.

(1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when adopting general permits, except for general permits governed by section 7712 of this chapter, and when considering other permits listed in this section.

(2) The procedures under this section shall be known as Type 3 Procedures. This section governs each of the following:

(A) Each general permit issued pursuant to the Secretary’s authority under this title other than a general permit subject to section 7712 of this chapter. However, this section does not apply to a notice of intent under a general permit.

(B) Issuance of a dam safety order under chapter 43 of this title, except for an unsafe dam order under section 1095 of this title.

(C) An application or request for approval of:

(i) an aquatic nuisance control permit under chapter 50 of this title;

(ii) a change in treatment for a public water supply under chapter 56 of this title;

(iii) a collection plan for mercury-containing lamps under section 7156 of this title;

(iv) an individual plan for the collection and recycling of electronic waste under section 7554 of this title;

(v) a primary battery stewardship plan under section 7586 of this title; and

(vi) a covered household hazardous products collection plan under section 7183 of this title.

(b) Notice of application. The Secretary shall provide notice of an administratively complete application through the environmental notice bulletin.

(c) Notice of draft decision; comment period. The Secretary shall provide notice of the draft decision through the environmental notice bulletin and shall post the draft decision to the bulletin. The Secretary shall provide a public comment period.

(d) Public meeting. The Secretary shall hold a public meeting whenever any person files a written request for such a meeting. The Secretary otherwise may hold a public meeting at his or her discretion.

(e) Notice of final decision. The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the final decision to the bulletin. The Secretary shall provide a response to comments.

(Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018; amended 2017, No. 74, § 20; 2023, No. 58, § 5, eff. June 12, 2023.)

§ 7715 Type 4 Procedures

(a) Purpose; scope.

(1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when considering applications for notice of intent under a general permit and other permits listed in this section.

(2) The procedures under this section shall be known as Type 4 Procedures. This section applies to each of the following:

(A) a notice of intent under a general permit issued pursuant to the Secretary’s authority under this title;

(B) an application for each of the following permits:

(i) construction or operation of an air contaminant source or class of sources not identified in the State’s implementation plan approved under the Clean Air Act;

(ii) construction or expansion of a public water supply under chapter 56 of this title, except that a change in treatment for a public water supply shall proceed in accordance with section 7714 of this chapter;

(iii) a category 1 underground storage tank under chapter 59 of this title;

(iv) a categorical solid waste certification under chapter 159 of this title;

(v) a medium scale composting certification under chapter 159 of this title; and

(C) a wetland determination under section 914 of this title.

(b) Notice of application. The Secretary shall provide notice of an administratively complete application through the environmental notice bulletin.

(c) Notice of draft decision; comment period. The Secretary shall provide notice of the draft decision through the environmental notice bulletin and shall post the draft decision to the bulletin. The Secretary shall provide a public comment period of at least 14 days on the draft decision.

(d) Notice of final decision. The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the decision to the bulletin. The Secretary shall provide a response to comments.

(Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018; amended 2021, No. 170 (Adj. Sess.), § 12, eff. July 1, 2022.)

§ 7716 Type 5 Procedures

(a) Purpose; scope.

(1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when issuing emergency permits and other permits listed in this section.

(2) The procedures under this section shall be known as Type 5 Procedures. This section shall govern each of the following:

(A) issuance of temporary emergency permits under section 912 of this title;

(B) applications for public water system operational permits under chapter 56 of this title;

(C) issuance of authorizations, under a stream alteration general permit issued under chapter 41 of this title, for reporting without an application, for an emergency, and for activities to prevent risks to life or of severe damage to improved property posed by the next annual flood;

(D) issuance of emergency permits issued under section 1268 of this title;

(E) issuance of emergency sludge and septage disposal approvals under section 6605 of this title;

(F) shoreland registrations authorized under chapter 49A of this title; and

(G) issuance of authorization under the Construction General Permit or individual stormwater permits issued pursuant to chapter 47 of this title, for discharges of stormwater runoff related to emergency construction activities; emergency construction activities are those necessary to address imminent risk to life or a risk of damage to public or private property, including damage to lifeline infrastructure, as determined by the Secretary.

(b) Notice of final decision. The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the decision to the bulletin.

(Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018; amended 2023, No. 79, § 15, eff. July 1, 2023.)

§ 7717 Amendments; renewals

(a) A major amendment shall be subject to the same procedures applicable to the original permit decision under this chapter.

(b) For all permits except those subject to Type 5 Procedures, a minor amendment shall be subject to the Type 4 Procedures, except that the Secretary need not provide notice of the administratively complete application. For Type 5 Procedures, a minor amendment shall be subject to the same procedures applicable to the original permit decision under this chapter.

(c) An administrative amendment shall not be subject to the procedural requirements of this chapter.

(d) A person may renew a permit under the same procedures applicable to the original permit decision under this chapter.

(e) With respect to amending a permit issued under the Clean Air Act or Clean Water Act, if a requirement under those acts directs the Secretary to provide the public with greater notice, opportunity to participate, or access to information than the corresponding requirement of this chapter, the Secretary shall comply with the federal requirement.

(Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018; amended 2021, No. 170 (Adj. Sess.), § 13, eff. July 1, 2022.)

§ 7718 Exemptions

This subchapter shall not govern an application or petition for:

(1) an unsafe dam order under section 1095 of this title;

(2) a potable water supply and wastewater permit under subsection 1973(j) of this title;

(3) a hazardous waste facility certification under section 6606 of this title; and

(4) a certificate of need under section 6606a of this title.

(Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)

Chapter 201 Administrative Environmental Law Enforcement

Subchapter 1 General Provisions

§ 8001 Legislative findings

The General Assembly finds it necessary to standardize and enhance the enforcement powers of the Secretary of Natural Resources and the enforcement powers of the Land Use Review Board in order to:

(1) enhance the protection of environmental and human health afforded by existing laws;

(2) prevent the unfair economic advantage obtained by persons who operate in violation of environmental laws;

(3) provide for more even-handed enforcement of environmental laws;

(4) foster greater compliance with environmental laws;

(5) deter repeated violation of environmental laws; and

(6) establish a fair and consistent system for assessing administrative penalties.

(Added 1989, No. 98, § 1; amended 2003, No. 115 (Adj. Sess.), § 67, eff. Jan. 31, 2005; 2013, No. 11, § 25.)

§ 8002 Definitions

As used in this chapter:

(1) “Board” means the Land Use Review Board defined by subdivision 6001(1) of this title.

(2) “Compliance” means compliance with the statutes specified in section 8003 of this title and with any related rules, permits, assurances, or orders.

(3) “Investigator” means an investigator designated and duly authorized by the Secretary or the Board.

(4) “Person” means any individual, partnership, company, corporation, association, unincorporated association, joint venture, trust, municipality, the State of Vermont or any agency, department, or subdivision of the State, federal agency, or any other legal or commercial entity.

(5) “Permit” means any permit, license, certification, or transitional operational authority issued under any of the statutes specified in section 8003 of this title.

(6) “Respondent” means a person who has committed or is alleged to have committed a violation.

(7) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative.

(8) “Stop work order” means an order to cease construction or other activity.

(9) “Violation” means noncompliance with one or more of the statutes specified in section 8003 of this title or any related rules, permits, assurances, or orders.

(10) [Repealed.]

(11) “Economic benefit” means a reasonable approximation of any gain, advantage, wrongful profit, or delayed avoided cost, financial or otherwise, obtained as a result of a violation. Economic benefit shall not be limited to only competitive advantage obtained.

(12) “Environmental Court” or “Environmental Division” means the Environmental Division of the Superior Court established by 4 V.S.A. § 30.

(13) “Civil citation” means an environmental citation issued by the Secretary or the Board for a violation of a statute listed under subsection 8003(a) of this title.

(14) “Federally authorized or delegated program” means an area of environmental regulation where the U.S. Environmental Protection Agency has authorized or delegated to Vermont primary regulatory responsibility, including the Clean Water Act, the Clean Air Act, and the Resource Conservation and Recovery Act.

(15) “Post” means:

(A) placing a draft administrative order, assurance of discontinuance, or civil citation or a final administrative order, assurance of discontinuance, or civil citation on the website of the Secretary if he or she initiates an enforcement action under this chapter or on the website of the Board if it initiates an enforcement action; and

(B) providing public notice about the opportunity to:

(i) submit written comments regarding a draft administrative order, assurance of discontinuance, or civil citation; or

(ii) request intervention in a final administrative order, assurance of discontinuance, or civil citation.

(16) “Agency issuing the order” means the Secretary when the Secretary has issued an administrative or emergency administrative order under this chapter and the Board when the Board has issued such an order.

(Added 1989, No. 98, § 1; amended 1993, No. 92, § 10; 2003, No. 115 (Adj. Sess.), § 68, eff. Jan. 31, 2005; 2007, No. 191 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), §§ 53c, 53e, 236; 2011, No. 73 (Adj. Sess.), § 1; 2013, No. 11, §§ 15, 16, 25.)

Subchapter 2 Enforcement Authority of the Secretary and the Board

§ 8003 Applicability

(a) The Secretary may take action under this chapter to enforce the following statutes and rules, permits, assurances, or orders implementing the following statutes, and the Board may take such action with respect to subdivision (10) of this subsection:

(1) 10 V.S.A. chapter 23, relating to air quality;

(2) 10 V.S.A. chapter 32, relating to flood hazard areas;

(3) 10 V.S.A. chapters 47 and 56, relating to water pollution control, water quality standards, public water supply, and lakes in crisis;

(4) 10 V.S.A. chapters 41 and 43, relating to dams, surface water withdrawals, interbasin transfers, and stream alterations;

(5) 10 V.S.A. chapter 37, relating to wetlands protection and water resources management;

(6) 10 V.S.A. chapter 48, relating to well drillers and groundwater withdrawal;

(7) 10 V.S.A. chapter 53, relating to beverage containers, provided that the Secretary may not take action to enforce the provisions of section 1530 of this title that are enforceable by the Commissioner of Taxes;

(8) 10 V.S.A. chapter 59, relating to underground storage tanks and aboveground storage tanks;

(9) 10 V.S.A. chapter 64, relating to potable water supplies and wastewater systems;

(10) 10 V.S.A. chapter 151, relating to land use, and including findings and conclusions issued under section 6086b of this title;

(11) [Repealed.]

(12) 10 V.S.A. chapter 159, relating to solid waste, hazardous waste, and hazardous materials;

(13) 10 V.S.A. chapter 161, relating to low-level radioactive waste;

(14) [Repealed.]

(15) 29 V.S.A. chapter 11, relating to lands under public waters;

(16) 10 V.S.A. chapter 162, relating to the Texas Low-Level Radioactive Waste Disposal Compact;

(17) 10 V.S.A. § 2625, relating to heavy cutting of timber;

(18) 10 V.S.A. chapter 164, relating to comprehensive mercury management;

(19) 24 V.S.A. chapter 61, subchapter 10, relating to salvage yards;

(20) 10 V.S.A. chapter 50, relating to the control of aquatic species and introduction of algicides, pesticides, and herbicides;

(21) 10 V.S.A. chapter 166, relating to collection and recycling of electronic waste;

(22) 10 V.S.A. chapter 164A, collection and disposal of mercury-containing lamps;

(23) 24 V.S.A. § 2202a, relating to a municipality’s adoption and implementation of a solid waste implementation plan that is consistent with the State Solid Waste Plan;

(24) 10 V.S.A. chapter 49A, relating to lake shoreland protection standards;

(25) 10 V.S.A. chapter 83, subchapter 8, relating to the importation of firewood;

(26) 10 V.S.A. chapter 168, relating to the collection and disposal of primary batteries;

(27) 10 V.S.A. chapter 123, relating to threatened and endangered species;

(28) 30 V.S.A. § 255, relating to regional coordination to reduce greenhouse gases;

(29) 10 V.S.A. § 1420, relating to abandoned vessels;

(30) 3 V.S.A. § 2810, relating to interim environmental media standards; and

(31) 10 V.S.A. chapter 124, relating to the trade in covered animal parts or products;

(32) 10 V.S.A. chapter 164B, relating to collection and management of covered household hazardous products; and

(33) 10 V.S.A. chapter 24A relating to the Climate Superfund Cost Recovery Program.

(b) The Secretary’s administrative enforcement authority established by this chapter shall supplement any authority of the Secretary established by the chapters set forth in subsection (a) of this section to initiate criminal proceedings or civil proceedings under chapters 47, 56, 59, 123, and 159 of this title.

(c) The authority established by this chapter shall not be construed as negating any constitutional, common law, or statutory rights of persons.

(d) Upon the request of the Secretary of Agriculture, Food and Markets, the Secretary may take action under this chapter to enforce the agricultural water quality requirements of, rules adopted under, and permits and certifications issued under 6 V.S.A. chapter 215. The Secretary of Natural Resources and the Secretary of Agriculture, Food and Markets shall enter into a memorandum of understanding to implement this subsection.

(Added 1989, No. 98, § 1; amended 1989, No. 296 (Adj. Sess.), § 10, eff. June 29, 1990; 1991, No. 71, § 3; 1993, No. 137 (Adj. Sess.), § 3; 1997, No. 15, § 4, eff. May 6, 1997; 2001, No. 133 (Adj. Sess.), § 6, eff. June 13, 2002; 2005, No. 13, § 3; 2005, No. 144 (Adj. Sess.), § 6; 2009, No. 31, § 8; 2009, No. 46, § 2, eff. July 1, 2010; 2009, No. 56, § 20; 2009, No. 79 (Adj. Sess.), § 5, eff. April 19, 2010; 2009, No. 146 (Adj. Sess.), § F14; 2011, No. 36, § 3, eff. May 19, 2011; 2011, No. 138 (Adj. Sess.), § 34, eff. July 1, 2013; 2011, No. 148 (Adj. Sess.), § 19; 2013, No. 112 (Adj. Sess.), § 2; 2013, No. 139 (Adj. Sess.), § 3, eff. May 22, 2014; 2013, No. 147 (Adj. Sess.), § 7, eff. June 1, 2014; 2013, No. 172 (Adj. Sess.), § 3; 2015, No. 61, § 9, eff. June 17, 2015; 2015, No. 64, § 21; 2015, No. 75 (Adj. Sess.), § 5; 2015, No. 76 (Adj. Sess.), § 3; 2017, No. 158 (Adj. Sess.), § 12; 2017, No. 168 (Adj. Sess.), § 7, eff. May 22, 2018; 2019, No. 21, § 8, eff. May 15, 2019; 2019, No. 62, § 9, eff. June 17, 2019; 2019, No. 169 (Adj. Sess.), § 3, eff. Jan. 1, 2022; 2021, No. 135 (Adj. Sess.), § 3, eff. July 1, 2022; 2023, No. 58, § 6, eff. June 12, 2023; 2023, No. 122 (Adj. Sess.), § 6, eff. July 1, 2024.)

Subchapter 3 Enforcement

§ 8004 Enforcement of Act 250

In addition to the enforcement of chapter 151 of this title on the Secretary’s initiative, the Secretary shall institute enforcement proceedings under chapter 151 when requested by the Natural Resources Board. The Secretary and the Land Use Review Board shall develop procedures for the cooperative enforcement of chapter 151 of this title.

(Added 1989, No. 98, § 1; amended 2003, No. 115 (Adj. Sess.), § 69, eff. Jan. 31, 2005; 2013, No. 11, § 25.)

§ 8005 Investigations; inspections; affidavit of compliance

(a) Inspections and investigations.

(1) An investigator may perform routine inspections to determine compliance.

(2) An investigator may investigate upon receipt or discovery of information that an activity is being or has been conducted that may constitute or cause a violation.

(3) An investigator, upon presentation of credentials, may seek permission to inspect or investigate any portion of the property, fixtures, or other appurtenances belonging to or used by a person whose activity is required to be in compliance. The investigator shall state the purpose of the inspection or investigation. An inspection or investigation may include monitoring, sampling, testing, and copying of any records, reports, or other documents relating to the purposes to be served by compliance.

(4) If permission for an inspection or investigation is refused, the investigator may seek an access order from the District or Superior Court in whose jurisdiction the property is located enabling the investigator to perform the inspection or investigation.

(b) Access orders and information requests.

(1) A Superior Court judge shall issue an access order when access has been refused and the investigator, by affidavit, describes the property to be examined and identifies:

(A) a provision of a permit that authorizes the inspection; or

(B) the property as being scheduled for inspection in accordance with a neutral inspection program adopted by the Secretary or the Land Use Review Board; or

(C) facts providing reasonable grounds to believe that a violation exists and that an examination of the specifically described property will be of material aid in determining the existence of the violation.

(2) A Superior Court shall issue an order requiring compliance with an information request submitted pursuant to section 6615c of this title when:

(A) the person served with the request fails to respond to the request in the time frame identified by the Secretary;

(B) the Secretary submits, by affidavit, facts providing reasonable grounds that a release or threatened release has taken place; and

(C) the information will be of material aid in responding to the release or threatened release.

(3) Issuance of an access order shall not negate the Secretary’s authority to initiate criminal proceedings in the same matter by referring the matter to the Office of the Attorney General or a State’s Attorney.

(c) At any time, the Secretary, the Land Use Review Board, or a District Commission created pursuant to subsection 6026(b) of this title may require a permittee to file an affidavit under oath or affirmation that a facility, project, development, subdivision, or activity of the permittee is in compliance with an assurance of discontinuance or order issued under this chapter or a permit issued under a statute identified under subsection 8003(a) of this title or under a rule enforceable under authority set forth under a statute identified under subsection 8003(a) of this title. A request for an affidavit of compliance under this subsection may be delivered by hand or by certified mail. Failure to file an affidavit within the period prescribed by the Secretary, Land Use Review Board, or District Commission or the material misrepresentation of fact in the affidavit shall be a violation and shall also constitute grounds for revocation of the permit to which the affidavit requirement, assurance of discontinuance, or order under this chapter applies.

(Added 1989, No. 98, § 1; amended 2003, No. 115 (Adj. Sess.), § 70, eff. Jan. 31, 2005; 2009, No. 146 (Adj. Sess.), § F16; 2013, No. 11, § 25; 2015, No. 154 (Adj. Sess.), § 7, eff. June 1, 2016.)

§ 8006 Warning; notice of alleged violation

(a) When the Secretary determines that a violation will or is likely to occur, the Secretary may issue a written warning that shall be served on the respondent in person or by certified mail, return receipt requested. The warning shall include a brief description of the prospective violation; identification of the statute, rule, permit, assurance, or order that is the subject of the prospective violation; and a brief description of the potential enforcement actions that may be taken if the violation occurs.

(b) When the Secretary determines that a violation exists, the Secretary may issue a written notice of the alleged violation. The notice shall be served on the respondent in person or by certified mail, return receipt requested. The notice shall include a brief description of the alleged violation; identification of the statute, rule, permit, assurance, or order that is the subject of the violation; a brief description of the Secretary’s intended course of action to address the alleged violation; and, if appropriate, specific timelines and directives to achieve compliance.

(Added 1989, No. 98, § 1; amended 2007, No. 191 (Adj. Sess.), § 2.)

§ 8007 Assurances of discontinuance

(a) As an alternative to administrative or judicial proceedings, the Secretary, or the Natural Resources Board, may accept from a respondent an assurance of discontinuance of a violation. An assurance of discontinuance shall include:

(1) a statement of the facts that provide the basis for claiming the violation exists and a description of the alleged violation determined by the Secretary or the Land Use Review Board; and

(2) an agreement by the respondent to perform specific actions to prevent, abate, or alleviate environmental problems caused by the violation, or to restore the environment to its condition before the violation, including financial responsibility for such actions.

(b) An assurance of discontinuance may include:

(1) Prevention, abatement, alleviation, or restoration schedules.

(2) Contribution toward other projects related to the violation that the respondent and the Secretary or the Land Use Review Board agree will enhance the natural resources of the area affected by the violation or their use and enjoyment. A contribution under this subdivision shall be subject to the following:

(A) The respondent shall disburse all required contributions to the project or shall be in full and continuing compliance with a payment schedule established by the assurance of discontinuance no later than 180 days after the effective date of the assurance of discontinuance requiring the funding of such project.

(B) In the event that a respondent fails to comply with subdivision (A) of this subdivision (2), the respondent shall place the funds into either an attorneys’ interest on lawyers’ trust account (IOLTA) or an escrow account until such time as the terms of the agreement between the Secretary and the respondent authorize the release of the funds, provided that the Secretary may, as a term of the agreement, require payment of the funds as a monetary penalty if noncompliance with subdivision (A) of this subdivision (2) continues.

(C) Unless otherwise contrary to requirements of federal law and except for contributions from municipalities, a contribution is not permissible where the project primarily benefits the respondent, including activities:

(i) that are required by law, likely to be required by law, or reasonably associated with the respondent’s usual course of business; or

(ii) that the respondent has planned, budgeted for, initiated, or completed prior to or during the current enforcement action.

(D) Unless otherwise contrary to requirements of federal law, the Secretary may allow a contribution from a municipality to primarily benefit the municipality. For purposes of this subsection, “municipality” shall mean a city, town, or village.

(3) For a violation that does not affect the natural environment or cause any environmental harm, contribution toward public educational projects, administered by the Agency of Natural Resource or the Land Use Review Board, that will enhance the public’s awareness and compliance with statutes identified in subsection 8003(a) of this title and with any related rules or permits or related assurances of discontinuance or orders issued under this chapter. Contributions under this subdivision shall be used for the purpose stated in this subdivision and shall be deposited as follows:

(A) into the Act 250 Permit Fund established under section 6029 of this title for the portion of a settlement attributable to the resolution of a violation under authority that the Land Use Review Board enforces under subsection 8003(a) of this title; or

(B) into the Treasury for the portion of a settlement attributable to the resolution of a violation under authority that the Secretary enforces under subsection 8003(a) of this title, for use by the Secretary.

(4) Payment of monetary penalties, including stipulated penalties for violation of the assurance.

(c) An assurance of discontinuance shall be in writing and signed by the respondent and shall specify the statute or regulation alleged to have been violated. The assurance of discontinuance shall be simultaneously filed with the Attorney General and the Environmental Division. The Secretary or the Land Use Review Board shall post a final draft assurance of discontinuance to its website and shall provide a final draft assurance of discontinuance to a person upon request. When signed by the Environmental Division, the assurance shall become a judicial order. Upon motion by the Attorney General made within 14 days after the date the assurance is signed by the Division and upon a finding that the order is insufficient to carry out the purposes of this chapter, the Division shall vacate the order.

(d) If the respondent complies with an assurance of discontinuance signed by the Division, the respondent shall not be liable for additional civil or criminal penalties with respect to the facts set forth in the assurance of discontinuance.

(Added 1989, No. 98, § 1; amended 1993, No. 164 (Adj. Sess.), § 12; 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 71, eff. Jan. 31, 2005; 2007, No. 191 (Adj. Sess.), § 3; 2009, No. 146 (Adj. Sess.), § F17; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 11, § 25; 2018, No. 8 (Sp. Sess.), § 1, eff. June 28, 2018.)

§ 8008 Administrative orders

(a) The Secretary may issue an administrative order when the Secretary determines that a violation exists. When the Board determines that a violation of chapter 151 of this title exists, the Board may issue an administrative order with respect to the violation. An administrative order shall be served as provided for under the Vermont Rules of Civil Procedure. A copy of the order also shall be delivered to the Attorney General. An order shall be effective on receipt unless stayed under subsection 8012(d) of this title.

(b) An order shall include:

(1) a statement of the facts that provide the basis for claiming the violation exists;

(2) identification of the applicable statute, rule, permit, assurance, or order;

(3) a statement that the respondent has a right to a hearing under section 8012 of this title, and a description of the procedures for requesting a hearing;

(4) a statement that the order is effective on receipt unless stayed on request for a hearing filed within 15 days;

(5) if applicable, a directive that the respondent take actions necessary to achieve compliance, to abate potential or existing environmental or health hazards, and to restore the environment to the condition existing before the violation; and

(6) a statement that unless the respondent requests a hearing under this section, the order becomes a judicial order when filed with and signed by the Environmental Division.

(c) An order may include:

(1) a “stop work” order that directs the respondent to stop work until a permit is issued, compliance is achieved, a hazard is abated, or any combination of the above. The agency issuing the order shall consider the economic effect of a “stop work” order, if included, on individuals other than the respondent;

(2) a stay of the effective date or processing of a permit under section 8011 of this title; and

(3) a proposed penalty or penalty structure.

(d)(1) The administrative order and proof of service shall be simultaneously filed with the Attorney General and the Environmental Division. The Division shall sign the administrative order in the event that:

(A) the administrative order is properly served on a respondent in accordance with subsection (a) of this section;

(B) the respondent does not request a hearing in accordance with subsection (b) of this section; and

(C) the order otherwise meets the requirements of this chapter.

(2) When signed by the Environmental Division, the administrative order shall become a judicial order. Upon motion by the Attorney General made within 10 days of the date the administrative order is signed by the Division and upon a finding by the Division that the order is insufficient to carry out the purposes of this chapter, the Division shall vacate the order.

(Added 1989, No. 98, § 1; amended 2007, No. 191 (Adj. Sess.), § 4; 2009, No. 146 (Adj. Sess.), § F18; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 11, § 17.)

§ 8008a Landfill closure extension orders

(a)(1) The Secretary may issue a landfill closure extension order when the Secretary finds that the landfill meets the criteria of section 6605e of this title. That order shall be served upon the landfill owner and operator in person or by certified mail, return receipt requested. A copy of the order also shall be delivered to the Attorney General. An order shall be effective on receipt.

(2) If any proposed landfill closure extension order would extend the service area or change a permit condition, including a specified closure date, then before issuing the order, the Secretary shall provide notice of the opportunity for public comment on the proposal and on any proposed findings with respect to the order. This notice shall be provided to the persons specified in subdivisions 6605d(e)(2)(A) through (D) of this title and to any other persons that, in advance, have requested notice in writing. Upon receipt of a written request for a public informational meeting, signed by no less than 15 persons, the Secretary shall warn and hold a public informational meeting on the issuance of the order. An order may be issued no sooner than 14 days after providing notice under this subsection or, if a public informational meeting is held, no sooner than seven days after the date of the meeting.

(b) A landfill closure extension order shall include:

(1) a statement of the facts that provide the basis for the Secretary’s determination of compliance with the provisions of section 6605e of this title;

(2) a statement that the owner and operator have a right to a hearing under section 8018 of this title and a description of the procedures for requesting a hearing;

(3) a schedule for cessation of operations, closure, and commencement of postclosure care;

(4) implementation schedules and conditions regarding the operation and closure of the landfill; and

(5) a requirement that by November 15, 1992, the owner and operator will submit to the Secretary a revised closure plan that addresses the additional waste that will be accepted. This plan shall be in conformance with the solid waste management rules.

(Added 1991, No. 202 (Adj. Sess.), § 4, eff. May 27, 1992.)

§ 8009 Emergency administrative orders; request for hearing

(a) Grounds for issuance. The Secretary, or the Board with respect to matters relating to land use permits under chapter 151 of this title only, may issue an order under section 8008 of this title as an emergency administrative order when:

(1) a violation presents an immediate threat of substantial harm to the environment or an immediate threat to the public health; or

(2) an activity will or is likely to result in a violation that presents an immediate threat of substantial harm to the environment or an immediate threat to the public health; or

(3) an activity requiring a permit has been commenced and is continuing without a permit.

(b) Prerequisites to issuance. An emergency administrative order may be issued only if:

(1) the order has been presented to the Environmental Division;

(2) all reasonable efforts have been made to notify the respondent of the presentation of the order to the Environmental Division; and

(3) the Environmental Division has found that the agency issuing the order has made a sufficient showing that grounds for issuance of the order exist.

(c) Effective date of order. An emergency order shall become effective on actual notice to the respondent.

(d) Request for hearing. If an emergency order is issued, the respondent may request a hearing before the Environmental Division. Notice of the request for hearing shall be filed with the Environmental Division and the agency issuing the order within five business days of receipt of the order. A hearing on the emergency order shall be held at the earliest possible time and shall take precedence over all other hearings. The hearing shall be held within five business days of receipt of the notice of the request for hearing. A request for hearing on an emergency order shall not stay the order. The Environmental Division shall issue a decision within five business days from the conclusion of the hearing and no later than 30 days from the date the notice of request for hearing was received.

(e) Insufficient grounds. An emergency order shall be dissolved upon a finding that there were insufficient grounds for its issuance.

(f) Appeals. An appeal to the Supreme Court by the Secretary or the Board shall stay the dissolution of an emergency order; an appeal to the Supreme Court by the respondent shall not stay operation of an emergency order.

(Added 1989, No. 98, § 1; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 11, § 18; 2017, No. 11, § 12.)

§ 8010 Administrative penalties

(a) An administrative penalty may be included in an administrative order issued under section 8008 of this title or in an emergency administrative order issued under subdivision 8009(a)(1) or (3) of this title. An order assessing administrative penalties shall be accompanied by an affidavit setting forth the facts establishing the date of violation.

(b) In determining the amount of the penalty, the Secretary shall consider the following:

(1) the degree of actual or potential impact on public health, safety, welfare, and the environment resulting from the violation;

(2) the presence of mitigating circumstances, including unreasonable delay by the Secretary in seeking enforcement;

(3) whether the respondent knew or had reason to know the violation existed;

(4) the respondent’s record of compliance;

(5) [Repealed.]

(6) the deterrent effect of the penalty;

(7) the State’s actual costs of enforcement; and

(8) the length of time the violation has existed.

(c)(1) A penalty of not more than $42,500.00 may be assessed for each determination of a separate violation. In addition, if the Secretary determines that a violation is continuing, the Secretary may assess a penalty of not more than $17,000.00 for each day the violation continues. The maximum amount of penalty assessed under this subsection shall not exceed $170,000.00.

(2) In addition to any penalty assessed under subdivision (1) of this subsection, the Secretary may also recapture economic benefit resulting from a violation up to the $170,000.00 maximum allowed under subdivision (1) of this subsection.

(d) Notwithstanding the provisions of subsection 8003(b) of this title, imposition of an administrative penalty under this section precludes imposition of any other administrative or civil penalty under any other provisions of law for the same violation.

(e) Penalties assessed under this section shall be deposited in the General Fund, except for:

(1) those penalties that are assessed as a result of a municipality’s enforcement action under chapter 64 of this title, in which case the municipality involved shall receive the penalty monies; and

(2) those penalties that are assessed as a result of the State’s actual cost of enforcement in accordance with subdivision (b)(7) of this section, in which case the penalties shall be paid directly to the Agency of Natural Resources.

(Added 1989, No. 98, § 1; amended 2001, No. 133 (Adj. Sess.), § 7, eff. June 13, 2002; 2007, No. 191 (Adj. Sess.), § 5; 2009, No. 146 (Adj. Sess.), § F23.)

§ 8011 Permit stays

(a) An administrative order may stay the effective date or processing of a permit:

(1) when any activity has been commenced illegally without a permit. The order may stay the effective date of the permit for a period of time up to the number of days that the activity was commenced before the permit was issued. This period of time shall not include the time from the date that work was stopped until the date a permit is issued; or

(2) when an applicant for a permit or for an amendment to a permit is not in compliance with an administrative order or an assurance of discontinuance with respect to a violation that is directly related to the activity that is the subject of the application; or

(3) when an applicant for a permit or for an amendment to a permit has one or more current violations.

(b) A stay shall be issued under this section only if the violation was caused by the applicant, by a person under the applicant’s control, or by a person who has control of the applicant.

(c) The processing of the application may be stayed until the respondent is in compliance with the directives in the order. An order for a permit stay shall not be stayed pending a hearing.

(d) In lieu of a permit stay under subdivision (a)(2) or (3) of this section, where an applicant for a permit or an amendment to a permit is not in compliance with an administrative order or an assurance of discontinuance, an administrative order may require the applicant to post a bond or other financial surety in an amount reasonably calculated to cover the costs necessary to achieve compliance as a condition for the processing of the application.

(Added 1989, No. 98, § 1; amended 2007, No. 191 (Adj. Sess.), § 6.)

§ 8012 Request for hearing

(a) A respondent or the Attorney General may request a hearing on an order issued by the Secretary. Notice of a request for hearing shall be filed with the Environmental Division and the Secretary. Upon receipt of the notice, the Secretary shall forward a copy of the order to the Environmental Division.

(b) The Environmental Division shall have authority to:

(1) Determine whether a violation has occurred. An order shall be reversed when it is determined that a violation has not occurred.

(2) Affirm or vacate and remand to the Secretary an order issued under subdivision 8008(b)(5) of this title. The Environmental Division shall vacate and remand an order under this subdivision when a violation is found to exist but the procedure contained in the order is insufficient to carry out the purposes of this chapter.

(3) Affirm, modify, or reverse any provision of any order issued by the Secretary except those identified by subdivision (2) of this subsection. In deciding whether to affirm or reverse a stop work order under this subdivision, the Environmental Division shall consider the economic effect of the order on individuals other than the respondent.

(4) Review and determine anew the amount of a penalty by applying the criteria set forth in subsections 8010(b) and (c) of this title.

(5) Affirm, modify, or dissolve an emergency order.

(c) Notice of the request for hearing shall be filed within 15 days of receipt of the order. The hearing shall be held before the Environmental Division within 30 days of receipt by the Division of the notice, unless continued for good cause. The Environmental Division shall issue a written decision within 20 days of the conclusion of the hearing, and no later than 60 days from the request for hearing, unless the hearing process is extended for good cause. The decision shall be sent to the parties by certified mail, return receipt requested, and shall include:

(1) a statement of conclusion as to whether a violation exists and findings of facts in support of the conclusion;

(2) identification of the applicable statute, rule, permit, assurance, or order;

(3) the order to be imposed or penalty to be assessed, or both, if a violation is determined to exist;

(4) a statement that the respondent, the Secretary, and the Attorney General have a right to appeal the decision, and a description of the procedures for requesting an appeal; and

(5) a warning that the decision will become final if no appeal is requested within 10 days of the date the decision is received.

(d) Notice of a request for hearing shall stay the order and payment of the penalty, if imposed, pending the hearing. The Secretary may issue an emergency order with regard to the alleged violation that is the subject of the hearing, if grounds for such an order develop during the hearing process.

(e) Any claim a person may have under a private right of action that is not determined in a proceeding under this chapter shall be preserved.

(Added 1989, No. 98, § 1; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2007, No. 191 (Adj. Sess.), § 6a; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 73 (Adj. Sess.), § 2.)

§ 8013 Conduct of hearings; appeal; stay

(a) The agency issuing the order shall have the burden of proof by a preponderance of the evidence.

(b) Parties may be represented by counsel in hearings before the Environmental Division. The Agency of Natural Resources or the Board each may represent itself. A party may conduct cross-examination required for a full and true disclosure of the facts.

(c) An appeal from a decision of the Environmental Division may be taken by the Secretary, the Board, or the respondent to the Supreme Court. The Attorney General also may appeal if the Attorney General has appeared as a party.

(d) An appeal by a respondent or the Attorney General to the Supreme Court shall not stay an order, but shall stay payment of a penalty. A respondent may petition the Supreme Court for a stay of an order.

(Added 1989, No. 98, § 1; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 73 (Adj. Sess.), § 3; 2013, No. 11, § 19.)

§ 8014 Enforcement of final orders; collection actions

(a) The Secretary may seek enforcement of a final administrative order, final orders pursuant to an assurance of discontinuance, or civil citations pursuant to section 8019 of this title, or a landfill extension order in the Civil, Criminal, or Environmental Division of the Superior Court.

(b) If a penalty is assessed and the respondent fails to pay the assessed penalty within the time prescribed, the Secretary may bring a collection action in any Civil or Criminal Division of the Superior Court. In addition, when a respondent, except for a municipality, fails to pay an assessed penalty or fails to pay a contribution under subdivision 8007(b)(2) of this title within the prescribed time period, the Secretary or the Land Use Review Board shall stay the effective date or the processing of any pending permit application or renewal application in which the respondent is involved until payment in full of all outstanding penalties has been received. When a municipality fails to pay an assessed penalty or fails to pay a contribution under subdivision 8007(b)(2) of this title within the prescribed time period, the Secretary or the Land Use Review Board may stay the effective date or the processing of any pending permit application or renewal application in which the municipality is involved until payment in full of all outstanding penalties has been received. For purposes of this subsection, “municipality” shall mean a city, town, or village. The Secretary or the Land Use Review Board may collect interest on an assessed penalty that a respondent fails to pay within the prescribed time. The Secretary or the Land Use Review Board shall collect interest on a contribution under subdivision 8007(b)(2) of this title that a respondent fails to pay within the prescribed time.

(c) Notwithstanding 32 V.S.A. § 502, the Secretary may contract with private collection agencies, or with attorneys engaged for similar purposes, for the collection of penalties or other monetary awards owed pursuant to assurances of discontinuance, final administrative orders, emergency administrative orders, or judgments after hearing or other judicial rulings. The cost of collection shall be assessed against and added to the penalty assessed against a respondent. The Secretary may agree to pay private collection agencies or attorneys a fixed rate for services rendered or a percentage of the amount actually collected by the agencies or attorneys and remitted to the Secretary.

(Added 1989, No. 98, § 1; amended 1991, No. 202 (Adj. Sess.), § 6, eff. May 27, 1992; 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 1999, No. 155 (Adj. Sess.), § 8; 2007, No. 191 (Adj. Sess.), § 7; 2009, No. 154 (Adj. Sess.), § 63; 2011, No. 73 (Adj. Sess.), § 4; 2013, No. 11, § 25.)

§ 8015 Statute of limitations

Notwithstanding any other provision of law, actions brought under this chapter or chapter 211 of this title shall be commenced within the later of:

(1) six years from the date the violation is or reasonably should have been discovered;

(2) six years from the date a continuing violation ceases; or

(3) six years from the date of accrual under section 8222 of this title.

(Added 1989, No. 98, § 1; amended 2007, No. 191 (Adj. Sess.), § 8; 2023, No. 46, § 27, eff. June 5, 2023.)

§ 8016 Rulemaking

The Secretary, in consultation with the Land Use Review Board, shall adopt rules defining classes of violations and an appropriate range of administrative penalties to be assessed for each class of violation. The classes of violation and range of penalties shall take into account the degree of potential impact on public health, safety, and welfare and the environment resulting from the violation. No administrative penalty may be assessed as part of an administrative order pursuant to this chapter until applicable rules and procedures have been adopted.

(Added 1989, No. 98, § 1; amended 2003, No. 115 (Adj. Sess.), § 72, eff. Jan. 31, 2005; 2013, No. 11, § 25.)

§ 8017 Annual report

The Secretary and the Attorney General shall report annually to the President Pro Tempore of the Senate, the Speaker of the House, the House Committee on Environment, and the Senate Committee on Natural Resources and Energy. The report shall be filed on or before February 15 on the enforcement actions taken under this chapter and on the status of citizen complaints about environmental problems in the State. The report shall describe at a minimum the number of violations, the actions taken, the disposition of cases, the amount of penalties collected, and the cost of administering the enforcement program. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section.

(Added 1989, No. 98, § 1; amended 2007, No. 191 (Adj. Sess.), § 9; 2013, No. 142 (Adj. Sess.), § 24; 2017, No. 113 (Adj. Sess.), § 49d; 2017, No. 168 (Adj. Sess.), § 19, eff. May 22, 2018.)

§ 8018 Requests for hearings on landfill closure extension orders

(a) The applicant or the Attorney General may request a hearing on the decision of the Secretary under sections 6605e and 8008a of this title. Additionally, a municipality in which the landfill is located or an interested person may request such a hearing if a proposed landfill closure extension order would increase the volume of waste disposed on a quarterly basis by 30 percent or more over the volume of waste disposed during the first quarter of 1992. Notice of a request for hearing shall be filed with the Environmental Division and the Secretary within 15 days of the date of receipt of the Secretary’s decision. Upon receipt of the notice, the Secretary shall forward a copy of the decision to the Environmental Division.

(b) The Environmental judge shall have authority to determine whether the Secretary’s decision is in conformance with the provisions of sections 8008a and 6605e of this title. The Environmental judge may affirm, modify, or reverse the Secretary’s decision and any provision of any order issued by the Secretary under sections 8008a and 6605e of this title.

(c) The hearing shall be held before the Environmental Division within 30 days of receipt by the Division of the notice, unless continued for good cause. The Environmental Division shall issue a written decision within 20 days of the conclusion of the hearing, and no later than 60 days from the request for hearing, unless the hearing process is extended for good cause. The decision shall be sent to the parties by certified mail, return receipt requested, and shall include:

(1) a statement that the parties have a right to appeal the decision to the Supreme Court, and a description of the procedures for requesting an appeal; and

(2) a warning that the decision will become final if no appeal is requested within 10 days of the date the decision is received.

(d) Notice of a request for hearing shall not stay the order, pending the hearing.

(e) The Environmental Division may grant party status to an interested person in a hearing under this section.

(f) As used in this section, “interested person” means a person who demonstrates that the interest of the person is not adequately represented by any other party and who has:

(1) an ownership, leasehold, or contractual interest in real property affected by the order; or

(2) an interest in the outcome of the proceeding that is distinct from the interest of the public-at-large because of the person’s place of residence, place of employment, or place of business.

(Added 1991, No. 202 (Adj. Sess.), § 5, eff. May 27, 1992; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236.)

§ 8019 Civil citations

(a) The Secretary and the Board each shall have the authority to adopt rules for the issuance of civil citations for violations of their respective enabling statutes or rules adopted under those statutes that are enforceable in the Environmental Division. Any proposed rule under this section shall include the full, minimum, and waiver penalty amounts for each violation. The maximum civil penalty for any violation brought under this section shall not exceed $3,000.00 exclusive of court fees.

(b) A civil citation issued under this section shall preclude the issuing entity from seeking an additional monetary penalty for the violation specified in the citation when any one of the following occurs: the waiver penalty is paid, judgment is entered after trial or appeal, or a default judgment is entered. Notwithstanding this preclusion, the Agency and the Board may issue additional citations or initiate an action under chapter 201 of this title, including a monetary penalty when a violation is continuing or is repeated, and may also bring an enforcement action to obtain injunctive relief or remediation and, in such additional action, may recover the costs of bringing the additional action and the amount of any economic benefit the respondent obtained as a result of the underlying violation in accordance with subdivisions 8010(b)(7) and (c)(1) of this title.

(c) The Secretary or Board Chair and his or her duly authorized representative shall have the authority to amend or dismiss a citation by so marking the citation and returning it to the Environmental Division or by notifying the hearing officer or judge at the hearing.

(d) Subsequent to the issuance of a civil citation under this section and the conclusion of any hearing and appeal regarding that citation, the following shall be considered part of the respondent’s record of compliance when calculating a penalty under section 8010 of this title:

(1) the respondent’s payment of the full or waiver penalty stated in the citation;

(2) the respondent’s commission of a violation after the hearing before the Environmental Division on the citation;

(3) the respondent’s failure to appear or answer the citation resulting in the entry of a default judgment;

(4) a finding after appeal that the respondent committed a violation.

(e) Penalties assessed under this section shall be deposited in the General Fund.

(Added 2009, No. 54, § 57, eff. June 1, 2009; amended 2011, No. 73 (Adj. Sess.), § 5; 2013, No. 11, §§ 20, 25.)

§ 8020 Public participation in enforcement

(a) Aggrieved person. As used in this section, an “aggrieved person” means a person who alleges an injury to a particularized interest protected by a statute listed under subsection 8003(a) of this section, and the alleged injury is attributable to a violation addressed by an assurance of discontinuance, administrative order, emergency order, or civil citation issued under this chapter. An organization or association is an aggrieved person under this section when one or more of its members would be an aggrieved person in his or her own right, the interests at stake are germane to the purposes of the organization or association, and neither the claim asserted nor the relief requested by the organization or association requires participation of the individual member.

(b) Draft and final action. Prior to issuing an administrative order, assurance of discontinuance, or civil citation under this chapter and sending it to the Environmental Division, the Secretary or the Board shall post a draft copy of the administrative order, assurance of discontinuance, or civil citation for public notice and written comment for 30 days. At the conclusion of the 30-day notice and written comment period, the Secretary or the Board shall evaluate the proposed action pursuant to the written comments received. After the evaluation of the written comments, the Secretary or the Board may withdraw an administrative order, assurance of discontinuance, or civil citation. At the conclusion of the 30-day notice period, if no comments have been received, the Secretary or the Board shall file the draft as a final administrative order, assurance of discontinuance, or civil citation with the Environmental Division, and the Environmental Division may review and approve as an order of the court the administrative order, assurance of discontinuance, or civil citation as set out elsewhere in this chapter. When the Secretary or Board issues a final administrative order, assurance of discontinuance, or civil citation, it shall be sent to the Environmental Division along with any written comments received during the 30-day comment period. Concurrent with filing with the Environmental Division, the Secretary or Board shall post the final proposed action for public notice for 14 days.

(c) Filing with court. If a comment was received on the draft document, the Environmental Division shall hold the administrative order, assurance of discontinuance, or civil citation for 14 days from the date of filing to allow any person who has filed written comments under subsection (b), who is not satisfied with the final action of the Agency or the Board, and who meets the definition of “aggrieved person” under subsection (a) of this section to file a motion for permissive intervention pursuant to the procedure in Rule 24(c) of the Vermont Rules of Civil Procedure.

(d) Court action without motion to intervene. If no comment was filed on the draft document or if, at the conclusion of the 14-day period, no motion to intervene has been filed, the Environmental Division in its discretion, with or without a hearing, shall issue an order to affirm, vacate, or remand the administrative order, assurance of discontinuance, or civil citation.

(e) Condition precedent to intervention. In order for a person to intervene permissively in an administrative order, assurance of discontinuance, or civil citation, the person shall have filed written comments with the Agency or Board setting out the specific objection to the proposed action during the 30-day comment period required under subsection (b) of this section.

(f) Court action upon motion to intervene. A motion for permissive intervention shall clearly state the basis for the claim that the administrative order, assurance of discontinuance, or civil citation is insufficient to carry out the purposes of this chapter. A hearing may be held on the motion for permissive intervention in the discretion of the Environmental Division. When the Environmental Division determines that a motion to intervene fails to meet the requirements for permissive intervention, the court shall deny the motion.

(g) Emergency administrative order. When the Secretary issues an emergency administrative order, the prefiling public notice and comment provisions contained in this section shall not apply. The Environmental Division, without comment or hearing, shall act on the emergency administrative order as required by section 8009 of this title and may issue its own order. The Secretary shall publish the emergency administrative order concurrent with filing it with the Environmental Division. A person shall have 14 days from the date the emergency administrative order is filed to file a motion for permissive intervention. A motion to intervene shall not stay an emergency administrative order.

(h) Standard of review on motion to intervene. The Environmental Division shall evaluate a motion from an aggrieved person for permissive intervention in light of Rule 24(b)(1) of the Vermont Rules of Civil Procedure. When the Environmental Division permits an aggrieved person to intervene, it shall be for the sole purpose of establishing that the terms of an administrative order, emergency administrative order, assurance of discontinuance, or civil citation are insufficient to carry out the purposes of this chapter. The intervenor shall have the burden of proof by a preponderance of the evidence that the administrative order, emergency administrative order, assurance of discontinuance, or civil citation is insufficient to carry out the purposes of this chapter. A hearing may be held on the claim that the administrative order, emergency administrative order, assurance of discontinuance, or civil citation is insufficient to carry out the purposes of this chapter in the discretion of the Environmental Division. The Environmental Division, upon finding that the proposed action is insufficient to carry out the purposes of this chapter, shall inform the parties in writing and shall include the basis of its decision and shall vacate the proposed action.

(i) Authority of Secretary or Board to object. The Secretary or Board shall not oppose any motion filed for permissive intervention. When the Environmental Division permits a person to intervene, the Secretary, the Board, or the respondent may oppose the intervenor’s claim that the proposed action is insufficient to carry out the purposes of this chapter.

(j) Response to citizen citations. The Secretary shall investigate all citizen complaints of a violation of a federally authorized or delegated program and shall respond to known complainants in writing.

(Added 2011, No. 73 (Adj. Sess.), § 6; amended 2013, No. 11, §§ 21, 25.)

§ 8021 Cost recovery

(a) In addition to any existing authority, the Secretary, in issuing an administrative order, emergency order, or assurance of discontinuance under this chapter, may recover monies expended from a special fund for a cleanup related to an environmental violation, provided that such recovered monies not exceed $20,000.00.

(b) When monies are recovered under this section, they shall be deposited into the special fund from which they were expended.

(Added 2011, No. 73 (Adj. Sess.), § 7.)

Chapter 211 Civil Enforcement

§ 8221 Civil enforcement

(a) The Secretary, or the Land Use Review Board with respect to matters relating to land use permits under chapter 151 of this title only, may bring an action in the Civil Division of the Superior Court to enforce the provisions of law specified in subsection 8003(a) of this title, to ensure compliance, and to obtain penalties in the amounts described in subsection (b) of this section. The action shall be brought by the Attorney General in the name of the State.

(b) The court may grant temporary and permanent injunctive relief and may:

(1) Enjoin future activities.

(2) Order remedial actions to be taken to mitigate hazard to human health or the environment.

(3) Order the design, construction, installation, operation, or maintenance of facilities designed to mitigate or prevent a hazard to human health or the environment or designed to assure compliance.

(4) Fix and order compensation for any public or private property destroyed or damaged.

(5) Order reimbursement from any person who caused governmental expenditures for the investigation, abatement, mitigation, or removal of a hazard to human health or the environment.

(6) Levy a civil penalty as provided in this subdivision. A civil penalty of not more than $85,000.00 may be imposed for each violation. In addition, in the case of a continuing violation, a penalty of not more than $42,500.00 may be imposed for each day the violation continues. In fixing the amount of the penalty, the court shall apply the criteria set forth in subsections 8010(b) and (c) of this title. The cost of collection of penalties or other monetary awards shall be assessed against and added to a penalty assessed against a respondent.

(c)(1) In any civil action brought pursuant to this section in which a temporary restraining order or preliminary injunction is sought, relief shall be obtained upon a showing that there is the probability of success on the merits and that:

(A) a violation exists; or

(B) a violation is imminent and substantial harm is likely to result.

(2) In such an action, the Secretary or Board need not demonstrate immediate and irreparable injury, loss, or damage.

(d) Any balancing of the equities in actions under this section may affect the time by which compliance must be attained, but not the necessity of compliance within a reasonable period of time.

(Added 1989, No. 98, § 3; amended 2003, No. 115 (Adj. Sess.), § 73, eff. Jan. 31, 2005; 2007, No. 191 (Adj. Sess.), § 10; 2009, No. 154 (Adj. Sess.), § 53d; 2013, No. 11, § 25; 2015, No. 97 (Adj. Sess.), § 40.)

§ 8222 Accrual of environmental contamination claims

(a) A common-law or statutory claim based on environmental contamination shall accrue so long as the contamination remains on or in an affected property or natural resource.

(b) As used in this section:

(1) “Environmental contamination” means any hazardous material or hazardous waste as defined in 10 V.S.A. § 6602, or other substance or material that has the potential to adversely affect human health or the environment (A) on or in an affected property, including in buildings or other structures, or (B) on or in a natural resource.

(2) “Natural resource” has the same meaning as in 10 V.S.A. § 6615d(a)(8).

(c) Nothing in this section shall shorten or otherwise limit any later accrual date that may apply under other source of law.

(d)(1) Except as otherwise provided in this subsection, and notwithstanding 1 V.S.A. §§ 213 and 214, or any other provision of law, this section shall apply to:

(A) any action or proceeding commenced on or after effective date of this act; and

(B) any action or proceeding that is pending on effective date of this act.

(2) This section shall not revive claims subject to a final, nonappealable judgment rendered prior to effective date of this act.

(3) This section shall not apply to a criminal claim whose limitations period expired prior to effective date of this act.

(Added 2023, No. 46, § 26, eff. June 5, 2023.)

Chapter 220 Consolidated Environmental Appeals

§ 8501 Purpose

It is the purpose of this chapter to:

(1) consolidate existing appeal routes for municipal zoning and subdivision decisions and acts or decisions of the Secretary of Natural Resources, district environmental coordinators, and District Commissions, excluding enforcement actions brought pursuant to chapters 201 and 211 of this title and the adoption of rules under 3 V.S.A. chapter 25;

(2) standardize the appeal periods, the parties who may appeal these acts or decisions, and the ability to stay any act or decision upon appeal, taking into account the nature of the different programs affected;

(3) encourage people to get involved in the Act 250 permitting process at the initial stages of review by a District Commission by requiring participation as a prerequisite for an appeal of a District Commission decision to the Environmental Division;

(4) assure that clear appeal routes exist for acts and decisions of the Secretary of Natural Resources;

(5) consolidate appeals of decisions related to renewable energy generation plants and telecommunications facilities with review under, respectively, 30 V.S.A. §§ 248 and 248a, with appeals and consolidation of proceedings pertaining to telecommunications facilities occurring only while 30 V.S.A. § 248a remains in effect.

(Added 2003, No. 115 (Adj. Sess.), § 74, eff. Jan. 31, 2005; amended 2009, No. 154 (Adj. Sess.), § 236; 2009, No. 159 (Adj. Sess.), § 16; 2011, No. 53, § 5, eff. May 27, 2011.)

§ 8502 Definitions

As used in this chapter:

(1) “District Commission” means a District Environmental Commission established under chapter 151 of this title.

(2) “District coordinator” means a district environmental coordinator attached to a District Commission established under chapter 151 of this title.

(3) “Environmental Court” or “Environmental Division” means the Environmental Division of the Superior Court established by 4 V.S.A. § 30.

(4) “Land Use Review Board” or “Board” means the Board established under chapter 151 of this title.

(5) “Party by right” means the following:

(A) the applicant;

(B) the landowner, if the applicant is not the landowner;

(C) the municipality in which the project site is located and the municipal and regional planning commissions for that municipality;

(D) if the project site is located on a boundary, any Vermont municipality adjacent to that border and the municipal and regional planning commissions for that municipality;

(E) the solid waste management district in which the land is located, if the development or subdivision constitutes a facility pursuant to subdivision 6602(10) of this title;

(F) any State agency affected by the proposed project.

(6) “Person” means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity.

(7) “Person aggrieved” means a person who alleges an injury to a particularized interest protected by the provisions of law listed in section 8503 of this title, attributable to an act or decision by a district coordinator, District Commission, the Secretary, or the Environmental Division that can be redressed by the Environmental Division or the Supreme Court.

(8) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative. As used in this chapter, “Secretary” shall also mean the Commissioner of Environmental Conservation, the Commissioner of Forests, Parks and Recreation, and the Commissioner of Fish and Wildlife, with respect to those statutes that refer to the authority of that commissioner or department.

(Added 2003, No. 115 (Adj. Sess.), § 74, eff. Jan. 31, 2005; amended 2009, No. 154 (Adj. Sess.), §§ 53e, 236; 2013, No. 11, § 22.)

§ 8503 Applicability

(a) This chapter shall govern all appeals of an act or decision of the Secretary, excluding enforcement actions under chapters 201 and 211 of this title and rulemaking, under the following authorities and under the rules adopted under those authorities:

(1) The following provisions of this title:

(A) chapter 23 (air pollution control);

(B) chapter 50 (aquatic nuisance control);

(C) chapter 41 (relating to dams, surface water withdrawals, interbasin transfers, and stream alterations, and regulation of stream flow);

(D) chapter 43 (dams);

(E) chapter 47 (water pollution control; lakes in crisis);

(F) chapter 48 (groundwater protection);

(G) chapter 53 (beverage containers; deposit-redemption system), except for those acts or decisions of the Commissioner of Taxes under section 1530 of this title;

(H) chapter 55 (aid to municipalities for water supply, pollution abatement, and sewer separation);

(I) chapter 56 (public water supply);

(J) chapter 59 (underground and aboveground liquid storage tanks);

(K) chapter 64 (potable water supply and wastewater system permit);

(L) section 2625 (regulation of heavy cutting);

(M) chapter 123 (protection of endangered species);

(N) chapter 159 (waste management);

(O) chapter 37 (wetlands protection and water resources management);

(P) chapter 166 (collection and recycling of electronic waste);

(Q) chapter 164A (collection and disposal of mercury-containing lamps);

(R) chapter 32 (flood hazard areas);

(S) chapter 49A (lake shoreland protection standards);

(T) chapter 83, subchapter 8 (importation of firewood);

(U) chapter 168 (product stewardship for primary batteries and rechargeable batteries);

(V) chapter 124 (trade in covered animal parts or products); and

(W) chapter 164B (collection and management of covered household hazardous products).

(2) 29 V.S.A. chapter 11 (management of lakes and ponds).

(3) 24 V.S.A. chapter 61, subchapter 10 (relating to salvage yards).

(4) 3 V.S.A. § 2810 (interim environmental media standards).

(b) This chapter shall govern:

(1) all appeals from an act or decision of a District Commission under chapter 151 of this title, excluding appeals of application fee refund requests;

(2) appeals from an act or decision of a district coordinator under subsection 6007(c) of this title; and

(3) appeals from findings of fact and conclusions of law issued by the Land Use Review Board in its review of a designated growth center for conformance with the criteria of subsection 6086(a) of this title, pursuant to authority granted at 24 V.S.A. § 2793c(f).

(c) This chapter shall govern all appeals arising under 24 V.S.A. chapter 117, the planning and zoning chapter.

(d) This chapter shall govern all appeals from an act or decision of the Environmental Division under this chapter.

(e) This chapter shall not govern appeals from rulemaking decisions by the Land Use Review Board under chapter 151 of this title or enforcement actions under chapters 201 and 211 of this title.

(f) This chapter shall govern all appeals of acts or decisions of the legislative body of a municipality arising under 24 V.S.A. chapter 61, subchapter 10, relating to the municipal certificate of approved location for salvage yards.

(g) This chapter shall govern all appeals of an act or decision of the Secretary of Natural Resources that a solid waste implementation plan for a municipality proposed under 24 V.S.A. § 2202a conforms with the State Solid Waste Implementation Plan adopted pursuant to section 6604 of this title.

(Added 2003, No. 115 (Adj. Sess.), § 74, eff. Jan. 31, 2005; amended 2005, No. 183 (Adj. Sess.), § 9; 2009, No. 31, § 9; 2009, No. 46, § 3, eff. July 1, 2010; 2009, No. 56, § 21; 2009, No. 79 (Adj. Sess.), § 6, eff. April 19, 2010; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 36, § 4, eff. May 19, 2011; 2011, No. 138 (Adj. Sess.), § 35, eff. May 14, 2012; 2011, No. 148 (Adj. Sess.), § 20; 2013, No. 11, §§ 23, 25; 2013, No. 112 (Adj. Sess.), § 3; 2013, No. 139 (Adj. Sess.), § 4, eff. May 22, 2014; 2013, No. 172 (Adj. Sess.), § 5; 2015, No. 150 (Adj. Sess.), § 35, eff. May 31, 2016; 2017, No. 168 (Adj. Sess.), § 8, eff. May 22, 2018; 2019, No. 21, § 9, eff. May 15, 2019; 2019, No. 62, § 10, eff. June 17, 2019; 2019, No. 169 (Adj. Sess.), § 4, eff. Jan. 1, 2022; 2021, No. 135 (Adj. Sess.), § 4, eff. July 1, 2022; 2023, No. 58, § 7, eff. June 12, 2023; 2023, No. 85 (Adj. Sess.), § 11, eff. July 1, 2024.)

§ 8504 Appeals to the Environmental Division

(a) Act 250 and Agency appeals. Within 30 days of the date of the act or decision, any person aggrieved by an act or decision of the Secretary, a District Commission, or a district coordinator under the provisions of law listed in section 8503 of this title, or any party by right, may appeal to the Environmental Division, except for an act or decision of the Secretary under subdivision 6086b(3)(E) of this title or governed by section 8506 of this title.

(b) Planning and zoning chapter appeals.

(1) Within 30 days of the date of the act or decision, an interested person, as defined in 24 V.S.A. § 4465, who has participated as defined in 24 V.S.A. § 4471 in the municipal regulatory proceeding under that chapter may appeal to the Environmental Division an act or decision made under that chapter by a board of adjustment, a planning commission, or a development review board; provided, however, that decisions of a development review board under 24 V.S.A. § 4420 with respect to local Act 250 review of municipal impacts are not subject to appeal but shall serve as presumptions under chapter 151 of this title.

(2) Notwithstanding subdivision (1) of this subsection, an interested person may appeal an act or decision under 24 V.S.A. chapter 117 if the Environmental judge determines that:

(A) there was a procedural defect that prevented the person from obtaining interested person status or participating in the proceeding;

(B) the decision being appealed is the grant or denial of interested person status; or

(C) some other condition exists that would result in manifest injustice if the person’s right to appeal was disallowed.

(c) Notice of the filing of an appeal.

(1) Upon filing an appeal from an act or decision of the District Commission, the appellant shall notify all parties who had party status as of the end of the District Commission proceeding, all friends of the Commission, and the Land Use Review Board that an appeal is being filed. In addition, the appellant shall publish notice not more than 10 days after providing notice as required under this subsection, at the appellant’s expense, in a newspaper of general circulation in the area of the project that is the subject of the decision.

(2) Upon the filing of an appeal from the act or decision of the Secretary under the provisions of law listed in section 8503 of this title, the appellant shall provide notice of the filing of an appeal to the following persons: the applicant before the Agency of Natural Resources, if other than the appellant; the owner of the land where the project is located if the applicant is not the owner; the municipality in which the project is located; the municipal and regional planning commissions for the municipality in which the project is located; if the project site is located on a boundary, any adjacent Vermont municipality and the municipal and regional planning commissions for that municipality; any State agency affected; the solid waste management district in which the project is located, if the project constitutes a facility pursuant to subdivision 6602(10) of this title; all persons required to receive notice of receipt of an application or notice of the issuance of a draft permit; and all persons on any mailing list for the decision involved. In addition, the appellant shall publish notice not more than 10 days after providing notice as required under this subsection, at the appellant’s expense, in a newspaper of general circulation in the area of the project that is the subject of the decision.

(3) In the case of appeals under 24 V.S.A. chapter 117, notice shall be as required under 24 V.S.A. § 4471.

(d) Requirement to participate before the District Commission or the Secretary.

(1) Participation before District Commission. An aggrieved person shall not appeal an act or decision that was made by a District Commission unless the person was granted party status by the District Commission pursuant to subdivision 6085(c)(1)(E) of this title, participated in the proceedings before the District Commission, and retained party status at the end of the District Commission proceedings. In addition, the person may only appeal those issues under the criteria with respect to which the person was granted party status. However, notwithstanding these limitations, an aggrieved person may appeal an act or decision of the District Commission if the Environmental judge determines that:

(A) there was a procedural defect that prevented the person from obtaining party status or participating in the proceeding;

(B) the decision being appealed is the grant or denial of party status; or

(C) some other condition exists that would result in manifest injustice if the person’s right to appeal was disallowed.

(2) Participation before the Secretary.

(A) An aggrieved person shall not appeal an act or decision of the Secretary unless the person submitted to the Secretary a written comment during the comment period or an oral comment at the public meeting conducted by the Secretary. In addition, the person may only appeal issues related to the person’s comment to the Secretary.

(i) To be sufficient for the purpose of appeal, a comment to the Secretary shall identify each reasonably ascertainable issue with enough particularity so that a meaningful response can be provided.

(ii) The appellant shall identify each comment that the appellant submitted to the Secretary that identifies or relates to an issue raised in his or her appeal.

(iii) A person moving to dismiss an appeal or an issue raised by an appeal pursuant to this subdivision (A) shall have the burden to prove that the requirements of this subdivision (A) are not satisfied.

(B) Notwithstanding the limitations of subdivision (2)(A) of this subsection, an aggrieved person may appeal an act or decision of the Secretary if the Environmental judge determines that:

(i) there was a procedural defect that prevented the person from commenting during the comment period or at the public meeting or otherwise participating in the proceeding;

(ii) the Secretary did not conduct a comment period and did not hold a public meeting;

(iii) the person demonstrates that an issue was not reasonably ascertainable during the review of an application or other request that led to the Secretary’s act or decision; or

(iv) some other condition exists that would result in manifest injustice if the person’s right to appeal was disallowed.

(e) Act 250 jurisdictional determinations by a district coordinator.

(1) The appellant shall provide notice of the filing of an appeal to each person entitled to notice under subdivisions 6085(c)(1)(A) through (D) of this title, to each person on an approved subdivision 6085(c)(1)(E) list, and to the Land Use Review Board.

(2) Failure to appeal within the time required under subsection (a) of this section shall render the decision of the district coordinator under subsection 6007(c) of this title the final determination regarding jurisdiction under chapter 151 of this title unless the underlying jurisdictional opinion was not properly served on persons listed in subdivisions 6085(c)(1)(A) through (D) of this title and on persons on a subdivision 6085(c)(1)(E) list approved under subsection 6007(c) of this title.

(f) Stays.

(1) The filing of an appeal shall automatically stay the act or decision in the following situations:

(A) acts or decisions involving stream alteration permits or shoreline encroachment permits issued by the Secretary;

(B) the denial of interested person status by a board of adjustment, planning commission, or development review board.

(2) Upon petition by a party or upon its own motion for a stay of an act or decision, the Environmental Division shall perform the initial review of the request and may grant a stay. Any decision under this subsection to issue a stay shall be subject to appeal to the Supreme Court according to the Rules of Appellate Procedure.

(g) Consolidated appeals. The Environmental Division may consolidate or coordinate different appeals where those appeals all relate to the same project.

(h) De novo hearing. The Environmental Division, applying the substantive standards that were applicable before the tribunal appealed from, shall hold a de novo hearing on those issues that have been appealed, except in the case of:

(1) a decision being appealed on the record pursuant to 24 V.S.A. chapter 117;

(2) a decision of the Commissioner of Forests, Parks and Recreation under section 2625 of this title being appealed on the record, in which case the court shall affirm the decision, unless it finds that the Commissioner did not have reasonable grounds on which to base the decision.

(i) Deference to Agency technical determinations. In the adjudication of appeals relating to land use permits under chapter 151 of this title, technical determinations of the Secretary shall be accorded the same deference as they are accorded by a District Commission under subsection 6086(d) of this title.

(j) Appeals of authorizations or coverage under a general permit. Any appeal of an authorization or coverage under the terms of a general permit shall be limited in scope to whether the permitted activity complies with the terms and conditions of the general permit.

(k) Limitations on appeals. Notwithstanding any other provision of this section:

(1) there shall be no appeal from a District Commission decision when the Commission has issued a permit and no hearing was requested or held, or no motion to alter was filed following the issuance of an administrative amendment;

(2) a municipal decision regarding whether a particular application qualifies for a recorded hearing under 24 V.S.A. § 4471(b) shall not be subject to appeal;

(3) if a District Commission issues a partial decision under subsection 6086(b) of this title, any appeal of that decision must be taken within 30 days following the date of that decision; and

(4) it shall be the goal of the Environmental Division to issue a decision on a case regarding an appeal of an appropriate municipal panel decision under 24 V.S.A. chapter 117 within 90 days following the close of the hearing.

(l) Representation. The Secretary may represent the Agency of Natural Resources in all appeals under this section. The Chair of the Land Use Review Board may represent the Board in any appeal under this section, unless the Board directs otherwise. If more than one State agency, other than the Board, either appeals or seeks to intervene in an appeal under this section, only the Attorney General may represent the interests of those agencies of the State in the appeal.

(m) Precedent. Prior decisions of the Environmental Board, Water Resources Board, and Waste Facilities Panel shall be given the same weight and consideration as prior decisions of the Environmental Division.

(n) Intervention. Any person may intervene in a pending appeal if that person:

(1) appeared as a party in the action appealed from and retained party status;

(2) is a party by right;

(3) is the Land Use Review Board;

(4) is a person aggrieved, as defined in this chapter;

(5) qualifies as an “interested person,” as established in 24 V.S.A. § 4465, with respect to appeals under 24 V.S.A. chapter 117; or

(6) meets the standard for intervention established in the Vermont Rules of Civil Procedure.

(o) With respect to review of an act or decision of the Secretary pursuant to 3 V.S.A. § 2809, the Division may reverse the act or decision or amend an allocation of costs to an applicant only if the Division determines that the act, decision, or allocation was arbitrary, capricious, or an abuse of discretion. In the absence of such a determination, the Division shall require the applicant to pay the Secretary all costs assessed pursuant to 3 V.S.A. § 2809.

(p) Administrative record. The Secretary shall certify the administrative record as defined in chapter 170 of this title and shall transfer a certified copy of that record to the Environmental Division when:

(1) there is an appeal of an act or decision of the Secretary that is based on that record; or

(2) there is an appeal of a decision of a District Commission, and the applicant used a decision of the Secretary based on that record to create a presumption under a criterion of subsection 6086(a) of this title that is at issue in the appeal.

(q) Amicus curiae. Notwithstanding the hearing of an appeal as de novo, any judge presiding over appeals from chapter 151 of this title and Agency permits pursuant to subsection (a) of this section may allow participation in such appeals by amicus curiae following the Rules of Appellate Procedure Rule 29.

(Added 2003, No. 115 (Adj. Sess.), § 74, eff. Jan. 31, 2005; amended 2009, No. 146 (Adj. Sess.), §§ F15, F24; 2009, No. 154 (Adj. Sess.), § 236; 2009, No. 159 (Adj. Sess.), § 17; 2013, No. 11, § 24; 2013, No. 147 (Adj. Sess.), § 8, eff. June 1, 2014; 2015, No. 150 (Adj. Sess.), § 5, eff. Jan. 1, 2018; 2015, No. 150 (Adj. Sess.), §§ 36, 37, eff. May 31, 2016; 2023, No. 181 (Adj. Sess.), § 44, § 61, eff. June 17, 2024.)

§ 8505 Appeals to the Supreme Court

(a) Any person aggrieved by a decision of the Environmental Division pursuant to this subchapter, any party by right, or the Board may appeal to the Supreme Court within 30 days of the date of the entry of the order or judgment appealed from, provided that:

(1) the person was a party to the proceeding before the Environmental Division; or

(2) the decision being appealed is the denial of party status; or

(3) the Supreme Court determines that:

(A) there was a procedural defect that prevented the person from participating in the proceeding; or

(B) some other condition exists that would result in manifest injustice if the person’s right to appeal were disallowed.

(b) An objection that has not been raised before the Environmental Division may not be considered by the Supreme Court, unless the failure or neglect to raise that objection is excused by the Supreme Court because of extraordinary circumstances.

(c) Only the Attorney General may represent the State in all appeals under this section.

(Added 2003, No. 115 (Adj. Sess.), § 74, eff. Jan. 31, 2005; amended 2009, No. 154 (Adj. Sess.), § 236.)

§ 8506 Renewable energy plant; telecommunications facility; appeals

(a) Within 30 days of the date of the act or decision, any person aggrieved by an act or decision of the Secretary, under the provisions of law listed in section 8503 of this title, or any party by right may appeal to the Public Utility Commission if the act or decision concerns a renewable energy plant for which a certificate of public good is required under 30 V.S.A. § 248 or a telecommunications facility for which the applicant has applied or has served notice under 30 V.S.A. § 248a(e) that it will apply for approval under 30 V.S.A. § 248a. This section shall not apply to a facility that is subject to section 1004 (dams before the Federal Energy Regulatory Commission) or 1006 (certification of hydroelectric projects) or chapter 43 (dams) of this title. This section shall not apply to an appeal of an act or decision of the Secretary regarding a telecommunications facility made on or after July 1, 2017.

(b) For the purpose of this section, “Commission,” “plant,” and “renewable energy” have the same meaning as under 30 V.S.A. § 8002, and “telecommunications facility” has the same meaning as under 30 V.S.A. § 248a.

(c) The provisions of subdivisions 8504(c)(2) (notice of appeal), (d)(2) (participation before the Secretary), and (f)(1)(A) (automatic stays of certain permits), and subsections 8504(j) (appeals under a general permit), (n) (intervention), and (p) (administrative record) of this title shall apply to appeals under this section except that, with respect to subsection (p), the Secretary shall transfer a certified copy of the administrative record to the Commission.

(d) The Public Utility Commission may consolidate or coordinate appeals under this section with each other and with proceedings under 30 V.S.A. §§ 248 and 248a, where those appeals and proceedings all relate to the same project, unless such consolidation or coordination would be clearly unreasonable. In such a consolidated proceeding, the Commission’s decision may be issued as a single order that includes the necessary findings of fact and conclusions of law and, if the decision is to approve the plant or facility, any and all conditions of approval. This authority to consolidate or coordinate appeals and proceedings shall not confer authority to alter the substantive standards at issue in an appeal or proceeding.

(e) In an appeal under this section, the Public Utility Commission, applying the substantive standards that were applicable before the Secretary, shall hold a de novo hearing on those issues that have been appealed. In such an appeal, the Commission shall give the same weight and consideration to prior decisions of the Environmental Division and of the entities described in subsection 8504(m) (precedent) of this title as the Commission gives to its prior decisions.

(f) 30 V.S.A. §§ 9 (court of record), 10 (service of process), 11 (pleadings; rules of practice; findings of fact), and 12 (review by Supreme Court) shall apply to appeals under this section.

(Added 2009, No. 159 (Adj. Sess.), § 18, eff. June 4, 2010; amended 2011, No. 53, § 6, eff. May 27, 2011; 2013, No. 190 (Adj. Sess.), § 21, eff. June 16, 2014; 2013, No. 199 (Adj. Sess.), § 31; 2015, No. 150 (Adj. Sess.), § 5a, eff. Jan. 1, 2018.)