10 V.S.A. § 6615c — VT Code / Title 10 / Chapter 159 / Section 6615c
§ 6615c. Information requests
Status: in_force

(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.
10 V.S.A. § 4923 — VT Code / Title 10 / Chapter 113 / Section 4923
§ 4923. Use of covered wild animal
Status: in_force

(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.
10 V.S.A. § 280t — VT Code / Title 10 / Chapter 12 / Section 280t
§ 280t. Security agreements securing borrower obligations; pledges of general revenues or project revenues
Status: in_force

(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.
10APPENDIX V.S.A. § 10 — VT Code / Title 10APPENDIX / Chapter 1 / Section 10
App. § 10. Vermont endangered and threatened species rule
Status: in_force

1.0 Authority

This rule is adopted pursuant to 10 V.S.A. Chapter 123 which provides that the Secretary “shall adopt by rule a State endangered species list and a State threatened species list,” and may “adopt rules for the protection, conservation, or recovery of endangered and threatened species.”

2.0 Purpose

The purpose of this rule is to identify and list species of wild plants and animals and designate critical habitats that have been determined by the Secretary to require protection under Vermont law. The rule also sets out a process for the issuance of permits for the taking and possession of endangered and threatened species and the destruction or adverse impact to designated critical habitat.

3.0 Definitions

3.1 “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.

3.2 “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 10 V.S.A. § 5402, Vermont Endangered and Threatened Species Rule 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.

3.3 “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.

3.4 “Endangered Species” means a species that has been listed as endangered by the Secretary because the species normally occurs in the State and its continued existence as a sustainable component of the State's wildlife or wild plants is in jeopardy, or it is listed as an “endangered species” under the federal Endangered Species Act.

3.5 “Farming” shall have the same meaning as used in 10 V.S.A. § 6001(22) of this title.

3.6 “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.

3.7 “Habitat” means the physical and biological environment in which a particular species of plant or animal lives.

3.8 “Harming,” as used in the definition of “take” or “taking” in this rule means: an act that kills or injures a threatened or endangered species; or 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.

3.9 “Plant” means any member of the plant kingdom, including seeds, roots, and other parts thereof. As used in this rule, plants shall include fungi.

3.10 “Possession” means holding, controlling, exporting, importing, processing, selling, offering to sell, delivering, carrying, transporting, or shipping by any means a member of a species.

3.11 “Secretary” means the Secretary of the Agency of Natural Resources except where otherwise specified.

3.12 “Take and taking”

(a) With respect to wildlife designated a threatened or endangered species, means: (1) pursuing, shooting, hunting, killing, capturing, trapping, harming, snaring, or netting wildlife; (2) 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 (3) attempting to engage in or assisting another to engage in an act set forth under subdivision (1) or (2) of this subdivision.

(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 attempting to do the same.

3.13 “Threatened Species” means a species that has been listed as threatened by the Secretary because the species is a sustainable component of the State's wildlife or wild plants; it is reasonable to conclude based on available information that its numbers are declining; and unless protected, it will become an endangered species or, a species determined to be a “threatened species” under the federal Endangered Species Act.

4.0 Critical Habitat Designations

4.1 “Critical habitat,” as defined in 10 V.S.A. § 5401(4) and 10 V.S.A. § 5402a, has been designated for the following locations:

(a) Three (3) Common Tern Nesting Islands.

(b) Four (4) Spiny Softshell Nesting Areas.

(c) One (1) Bat Hibernaculum.

5.0 Permits for Taking and Possession

5.1 No person shall take or possess an endangered or threatened species without a permit, unless exempt as provided for in 10 V.S.A. § 5408(d) and as follows:

(a) No enforcement shall be taken, and no permit shall be required for the taking of listed threatened or endangered plants in instances where the plants are legally acquired and exist in a cultivated state or are artificially propagated (produced and grown under controlled conditions or originated from cultivated parental stock); unless the plants are cultivated or artificially propagated as part of a recovery plan or, for mitigation purposes in accordance with a takings permit, a directive of the Secretary, or an enforcement action.

(b) Prior to requiring a permit or initiating enforcement for the taking of any threatened or endangered bee(s), the Secretary of the Agency of Natural Resources shall:

1. notify affected landowners and persons who are engaged in activities that may result in taking the threatened or endangered bees of the presence of threatened or endangered bees and the requirement to avoid taking the bees or to obtain a permit; and

2. notify and consult with affected or interested state agencies including as applicable: the Agency of Commerce and Community Development (ACCD), the Agency of Transportation (AOT), the Vermont Department of Health (VDH), and the Agency of Agriculture, Food, and Markets (AAFM) whenever the presence of bees may impact farming or the application of pesticides.

(c) Upon discovering the presence of a threatened or endangered grassland bird on or in proximity to any farm or land used for farming, the Secretary of the Agency of Natural Resources shall:

1. consult with the Secretary of the AAFM prior to requiring a taking permit or engaging in enforcement activities; and

2. ensure that the regulatory actions taken to protect the species do not cause undue interference with farming.

5.2 No person shall destroy or adversely impact the designated critical habitat of an endangered or threatened species without a permit.

5.3 Pursuant to 10 V.S.A. § 5408(a) the Secretary may, after receiving the advice of the Endangered Species Committee, grant permits for the taking and possession of an endangered or threatened species:

(a) for scientific purposes;

(b) to enhance the propagation or survival of species;

(c) for zoological exhibition;

(d) for educational purposes;

(e) for noncommercial cultural or ceremonial purposes; or

(f) for a special purpose consistent with the purpose of the Federal Endangered Species Act (see16 U.S.C. § 1531(b)).

5.4 Pursuant to 10 V.S.A. § 5408(b), the Secretary may allow the incidental take of a threatened or endangered species or the destruction or adverse impact to critical habitat only if:

(a) the taking is necessary to conduct an otherwise lawful activity;

(b) the taking or the destruction and impact to the critical habitat, is attendant or secondary to, and not the purpose of, the lawful activity;

(c) the impact of the permitted incidental take or impact to critical habitat is minimized; and

(d) the incidental taking or the impact to critical habitat will not impair the conservation or recovery of any endangered species or threatened species.

5.5 An applicant for a Taking and Possession permit shall submit an administratively complete application to the Secretary, specifying for which purpose(s) the permit is required, as listed in 10 V.S.A. § 5408(a) and (b). The permit application shall include:

(a) 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;

(b) 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;

(c) a plan for ensuring that funding is available to conduct any required monitoring and mitigation, if applicable;

(d) 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;

(e) 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;

(f) a description of the possible impacts due to the proposed action, and as applicable a plan for conservation or mitigation;

(g) permit fees and mitigation funding, if applicable; and

(h) any additional information that the Secretary may require.

5.6 Avoidance and Minimization

(a) Applicants for Taking and Possession permits shall have the burden to show that reasonable steps have been taken to avoid and minimize takings. The Applicant must provide information that demonstrates:

(1) The proposed activity cannot practicably be designed to avoid taking or the destruction or adverse impact to critical habitat, and still satisfy the basic project purpose; and

(2) If avoidance of taking of a listed species or the destruction or adverse impact to critical habitat, cannot practicably be achieved, the proposed activity has been planned to minimize adverse impacts on the listed species.

(b) The Secretary may require an applicant to submit additional information that the Secretary considers necessary to make a decision on the issuance or denial of a permit. The Secretary may dismiss the application without prejudice if the requested information is not provided to the Secretary within sixty (60) days of the Secretary's request.

(c) In determining whether the burden has been met, the Secretary shall evaluate the potential effect of any proposed activity on the basis of both its direct and immediate effects, as well as on the basis of any cumulative or on-going effects on the listed species.

(d) The Secretary may develop, and require the implementation of, best management practices (BMPs) to avoid and minimize the taking of threatened and endangered species. The Secretary shall consult with the AAFM, the AOT, VDH, and any other interested state agency prior to finalizing the BMPs.

5.7 Mitigation

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. Provided that the mitigation is commensurate with the taking or adverse impact proposed, 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, including treatment of conserved areas for the purposes of restoration or propagation of listed species;

(c) compensation, including payment into the Threatened and Endangered Species Fund for the uses of that Fund; or

(d) permanent conservation of habitat in which the same species exists, and ongoing monitoring of conserved areas.

5.8 Hearings

(a) The Secretary may conduct a non-adversarial, public hearing in order to evaluate the application. Such a hearing will be held within 60 (sixty) days of the receipt of the administratively complete application.

(b) When a petition has been denied and no public hearing has been held, the Applicant may request in writing to the Secretary that a hearing be held regarding the proposed activity. The Secretary will conduct a hearing within 30 (thirty) days of receipt of the request.

5.9 The Secretary may require, as part of an issued permit, conditions for the protection and conservation of endangered species.

5.10 The Secretary shall inform an applicant of a decision to approve or deny a permit no more than 60 (sixty) days following an application being deemed administratively complete unless the Secretary determines there is just cause.

5.11 The Secretary maintains continuing jurisdiction over activity permitted under this rule and may, at any time, order the permittee to undertake remedial measures to ensure the protection and conservation of listed species.

6.0 Listing

6.1 The following list of plants and animals is adopted as the Vermont Endangered and Threatened Species List pursuant to 10 V.S.A., chapter 123.
10 V.S.A. § 4709 — VT Code / Title 10 / Chapter 113 / Section 4709
§ 4709. Transport, importation, possession, and stocking of wild animals; possession of wild boar or feral swine
Status: in_force

(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.
10 V.S.A. § 6605a — VT Code / Title 10 / Chapter 159 / Section 6605a
§ 6605a. Review of existing landfills
Status: in_force

(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.
10 V.S.A. § 5213 — VT Code / Title 10 / Chapter 119 / Section 5213
§ 5213. Mansfield State Forest; game refuge
Status: in_force

(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.
10 V.S.A. § 2601 — VT Code / Title 10 / Chapter 83 / Section 2601
§ 2601. Policy and purposes
Status: in_force

(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.
10 V.S.A. § 1389a — VT Code / Title 10 / Chapter 47 / Section 1389a
§ 1389a. Clean Water Investment Report
Status: repealed

(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.
10 V.S.A. § 4510 — VT Code / Title 10 / Chapter 109 / Section 4510
§ 4510. Rights of innocent owner
Status: in_force

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.
10 V.S.A. § 581 — VT Code / Title 10 / Chapter 23 / Section 581
§ 581. Building efficiency goals
Status: in_force

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.
10 V.S.A. § 5501 — VT Code / Title 10 / Chapter 124 / Section 5501
§ 5501. Definitions
Status: in_force

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.
10 V.S.A. § 5217 — VT Code / Title 10 / Chapter 119 / Section 5217
§ 5217. Permits to operate regulated shooting ground
Status: in_force

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.
10 V.S.A. § 6091 — VT Code / Title 10 / Chapter 151 / Section 6091
§ 6091. Renewals and nonuse
Status: in_force

(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.
10 V.S.A. § 699 — VT Code / Title 10 / Chapter 29 / Section 699
§ 699. Vermont Rental Housing Improvement Program
Status: in_force

(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.
10 V.S.A. § 1311 — VT Code / Title 10 / Chapter 47 / Section 1311
§ 1311. State response to a lake in crisis
Status: in_force

(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.
10 V.S.A. § 4048 — VT Code / Title 10 / Chapter 103 / Section 4048
§ 4048. Nongame Wildlife Account; expenditures
Status: in_force

(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.
10 V.S.A. § 754 — VT Code / Title 10 / Chapter 32 / Section 754
§ 754. Mapped River Corridor Rules
Status: in_force

(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.
10 V.S.A. § 6554 — VT Code / Title 10 / Chapter 158 / Section 6554
§ 6554. Impact statement
Status: in_force

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.
10 V.S.A. § 4254c — VT Code / Title 10 / Chapter 105 / Section 4254c
§ 4254c. Notice of trapping; dog or cat
Status: in_force

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.
10 V.S.A. § 4713 — VT Code / Title 10 / Chapter 113 / Section 4713
§ 4713. Tree stands; ground blinds
Status: in_force

(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.
10APPENDIX V.S.A. § 115 — VT Code / Title 10APPENDIX / Chapter 2 / Section 115
App. § 115. Use of state controlled fishing access areas
Status: in_force

1.0 Authority1.1 This rule is adopted pursuant to 10 V.S.A. § 4145(a) which authorizes the board to make rules 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 10 V.S.A. § 4144.”

1.2 This rule applies to use of state controlled fishing access areas and to persons, businesses, or entities that use the fishing access areas.

2.0 Purpose

The purpose of this rule is to:

2.1 Ensure current and future uses are orderly, sustainable, and in accordance with state and federal statutes and guidelines.

2.2 Manage conflict between users by clarifying authorized and prohibited activities and ensuring users share in the burdens and benefits of use.

2.3 Protect the fishing access areas for statutorily approved uses.

3.0 Definitions3.1 Commercial Activity is any activity or service that produces income to any entity or individual.

3.2 Nonprofit Charitable Organization means an entity organized and operated exclusively for exempt purposes set forth in Section 501(c)(3) of the Internal Revenue Code.

3.3 Picnicking includes but is not limited to any activity that involves, cooking, grilling, food preparation and, set-up associated with eating (including setting blankets or table cloths laid on the ground).

3.4 Camping includes any activity using a tent, camper, or motor home, any activity involving preparation of an area for sleeping or, any overnight sleeping.

3.5 Group use is use actually or potentially involving 10 or more people or two or more vehicles at a time.

3.6 Parking is the leaving of motor vehicles or trailers unattended in an access area.

3.7 Motor vehicles are all vehicles propelled or drawn by power other than muscle power.

3.8 Vessel means motor boats, boats, kayaks, canoes and sail boats.

4.0 Authorized Activities

The following are authorized activities in order of priority:

4.1 Angling, ice fishing and the launching of any vessel to be used for fishing and parking of vehicles and trailers necessary for and contemporaneous with these purposes.

4.2 The launching of inboard and outboard motorboats engaging in any activity and parking of vehicles and trailers necessary for and contemporaneous with that purpose.

4.3 Trapping, hunting and parking of vehicles and boat trailers necessary for and contemporaneous with that purpose.

4.4 Launching of all non-motorized vessels not used for commercial purposes and parking of vehicles and boat trailers necessary for and contemporaneous with that purpose. Users shall launch from the designated non-motorized launch site, when such a site is identified.

4.5 ATV's and snowmobiles when being used solely for the purposes of ice fishing.

4.6 Permitted special uses.

5.0 Prohibited Activities5.1 Discarding of bottles, glass, cans, paper, junk, litter, food, or any other garbage or trash.

5.2 Discarding of dead fish, wildlife or portions thereof.

5.3 Washing or cleaning of vehicles and equipment other than for the purpose of removing aquatic plants and organisms.

5.4 Washing or cleaning of fish or wildlife.

5.5 Camping.

5.6 Picnicking.

5.7 Making or maintaining fire of any kind.

5.8 Water skiing.

5.9 Swimming.

5.10 Use of snowmobiles and ATVs, except for those being utilized solely for the purpose of ice fishing.

5.11 Parking of vehicles and or trailers while the vehicle owner or user is not present at the access area or on the adjacent public waters except as otherwise permitted by the Commissioner.

5.12 Storage of vehicles and or trailers or placing of vehicles or trailers for sale.

5.13 Withdrawal of water except as authorized under paragraph 6.0.

5.14 Parking in excess of 72 consecutive hours except that the Commissioner may issue permits for longer parking when the Commissioner determines that there will be no adverse impact on authorized uses found in 4.0 above.

5.15 Commercial activity except as authorized by paragraph 7.0 below.

5.16 Activity that interferes with a priority use, such as, but not limited to the mooring or beaching of boats, using the ramp to rig a boat or boats thus obstructing use of the ramp, and the storing of boats or trailers at an access area.

5.17 Group use not specifically authorized by the Commissioner.

5.18 Launching and recovery of sailboards, rafts, snow kites, and the parking of vehicles and trailers supporting these activities.

5.19 All other activity that is not specifically permitted by this rule unless specifically authorized by the Commissioner.

6.0 Authorized Users.

6.1 Any person who is engaged in any authorized activity.

6.2 Any group that has received approval for group use in accordance with this rule.

6.3 Fire departments that have executed a Memorandum Of Agreement (MOA) with the Commissioner for the installation and use of a dry hydrant. And then, only in accordance with their MOA. Fire departments may also use Access Areas without dry hydrants as emergency water sources to fight fires and will notify the local warden as soon as practicably possible.

6.4 Individuals participating in a fishing tournament permitted under 10 V.S.A. § 4613.

7.0 Limited Commercial Activity7.1 Commercial activity at fishing access areas is limited to entities and persons taking part in activities authorized by 4.1, 4.2 and 4.3 above.

8.0 Special Permits8.1 The Commissioner may authorize special permits for entities or persons to use an access area for group use when the Commissioner determines that there will be no adverse impact on authorized priority uses.

8.2 The Commissioner may authorize the use of access areas by an educational institution or a nonprofit charitable organization conducting a fundraising event of limited duration, provided that the event will not conflict with a priority use of the access area.

8.3 Special permits shall not be issued and may be revoked immediately for activities that substantially interfere with authorized uses.

8.4 Permit fees shall be in accordance with the schedule of fees established under 10 V.S.A. § 4132(e).

9.0 Speed Limit

The maximum speed on access areas shall be 15 miles per hour.
10 V.S.A. § 4504 — VT Code / Title 10 / Chapter 109 / Section 4504
§ 4504. Duties of prosecutor and warden
Status: in_force

(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.
10 V.S.A. § 212 — VT Code / Title 10 / Chapter 12 / Section 212
§ 212. Definitions
Status: repealed

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.
10 V.S.A. § 642 — VT Code / Title 10 / Chapter 25 / Section 642
§ 642. Liberal construction
Status: in_force

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.
10 V.S.A. § 667 — VT Code / Title 10 / Chapter 27 / Section 667
§ 667. Legislative review
Status: in_force

The Commissioner of Tourism and Marketing shall annually submit a report on the travel promotion program to the Legislature.
10 V.S.A. § 1264 — VT Code / Title 10 / Chapter 47 / Section 1264
§ 1264. Stormwater management
Status: in_force

(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.
10 V.S.A. § 1973 — VT Code / Title 10 / Chapter 64 / Section 1973
§ 1973. Permits
Status: in_force

(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.
10 V.S.A. § 709 — VT Code / Title 10 / Chapter 31 / Section 709
§ 709. Petition to organize district
Status: in_force

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.
10 V.S.A. § 1675a — VT Code / Title 10 / Chapter 56 / Section 1675a
§ 1675a. Permitting exemption
Status: in_force

(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.
10 V.S.A. § 6093 — VT Code / Title 10 / Chapter 151 / Section 6093
§ 6093. Mitigation of primary agricultural soils
Status: in_force

(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.
10 V.S.A. § 858 — VT Code / Title 10 / Chapter 35 / Section 858
§ 858. Depth of drainage
Status: in_force

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.
10 V.S.A. § 1176 — VT Code / Title 10 / Chapter 45 / Section 1176
§ 1176. Certifications of sums due towns; warrants
Status: in_force

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.
10 V.S.A. § 1923 — VT Code / Title 10 / Chapter 59 / Section 1923
§ 1923. Notice of new or existing underground storage tank
Status: in_force

(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.
10 V.S.A. § 1265 — VT Code / Title 10 / Chapter 47 / Section 1265
§ 1265. Temporary pollution permits
Status: repealed

(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.]
10 V.S.A. § 1280 — VT Code / Title 10 / Chapter 47 / Section 1280
§ 1280. Emergency actions
Status: in_force

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.
10 V.S.A. § 4137 — VT Code / Title 10 / Chapter 103 / Section 4137
§ 4137. Taking by U.S. Armed Forces
Status: in_force

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.”
10 V.S.A. § 564 — VT Code / Title 10 / Chapter 23 / Section 564
§ 564. Local air pollution control programs
Status: in_force

(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.
10APPENDIX V.S.A. § 23a — VT Code / Title 10APPENDIX / Chapter 1 / Section 23a
App. § 23a. Spring Snow Goose Conservation Order
Status: in_force

1.0 Authority1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.

1.2 The Board's authority to permit the taking of migratory game birds is found at 10 V.S.A. § 4082(b) and at 50 CFR, Parts 20 and 21.

2.0 Purpose The purpose of this regulation is to establish a Spring Conservation Order for harvesting of snow and Ross' geese. The United Fish and Wildlife Service has issued a Conservation Order with the intent to decrease the population of light geese due to an overabundance of these species. Specifically, “[v]arious populations of light geese (greater and lesser snow geese and Ross's geese) have undergone rapid growth during the past 30 years, and have become seriously injurious to their habitat, habitat important to other migratory birds, and agricultural interests. The U.S. Fish and Wildlife Service believes that several of these populations have exceeded the long term carrying capacity of their breeding and/or migration habitats and must be reduced.” The USFWS has set “forth regulations that authorize measures to increase harvest of certain populations of light geese.” This rule implements this directive.

3.0 Definitions3.1 “Daily bag limit” means the maximum number of geese permitted to be taken by one person in any one day during the open season in any one specified geographic area for which a daily bag limit is prescribed.

3.2 “Possession limit” means the number of geese permitted to be possessed by any one person when lawfully taken in the State for which a possession limit is prescribed.

3.3 “Commissioner” means the Commissioner of the Vermont Fish and Wildlife Department.

3.4 “Conservation order” means a special management action that is needed to control certain wildlife populations when traditional management programs are unsuccessful in preventing overabundance of the population.

3.5 “Department” means the Vermont Fish and Wildlife Department.

3.6 “Light goose” refers collectively to greater and lesser snow geese and Ross's geese.

3.7 “Legal means” means the taking by the means described in Section 8.0 of this rule.

3.8 “Permit” means a document issued by the Department authorizing the taking of snow geese.

4.0 Species Subject to the Conservation Order Greater snow (Chen caerulescens atlantica), lesser snow ( C. c. caerulescens), and Ross's (C. rossii ) geese that breed, migrate, and winter in North America.

5.0 Open Season5.1 Season Dates: March 11 - Friday before Youth Turkey Hunting Weekend, annually.

6.0 Bag Limits and Possession Limits6.1 Daily Bag Limit: 15 geese

6.2 Possession Limit: No limit

7.0 License and Stamp Requirements7.1 Any person harvesting geese under this rule shall:

(a) Possess and carry a valid Vermont State hunting license;

(b) Possess and carry a valid Vermont Migratory Waterfowl Stamp;

(c) Possess and carry a valid Federal Migratory Bird Hunting Stamp;

(d) Possess and carry a valid Vermont Snow Goose Conservation Order Permit; and

(e) Possess and carry proof of Harvest Information Program (HIP) Registration.

8.0 Hunting Methods8.1 Light geese on which open seasons are prescribed in this section may be taken by any method except those prohibited in this section. No person shall take migratory game birds:

(a) With a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, poison, drug, explosive, or stupefying substance;

(b) From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;

(c) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance;

(d) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress therefrom has ceased: Provided, that a craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft under power;

(e) By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this paragraph for any person to take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl;

(f) By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird; or

(g) By the aid of baiting, or on or over any baited area. As used in this subsection, “baiting” shall mean the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for such birds a lure, attraction or enticement to, on, or over any areas where hunters are attempting to take them; and “baited area” means any area where shelled, shucked, or unshucked corn, wheat or other grain, salt or other feed whatsoever capable of luring, attracting, or enticing such birds is directly and indirectly placed, exposed, deposited, distributed, or scattered; and such area shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt, or other feed. However, nothing in this subsection shall prohibit:

(i) The taking of all migratory game birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; and

(ii) The taking of all migratory game birds, except waterfowl, on or over any lands where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: Provided, that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grow

8.2 Nontoxic Shot(a) No person shall take light geese while possessing loose shot or shot shells loaded with shot other than nontoxic shot.

(b) Approved nontoxic shots include: steel, bismuth/tin, tungsten/iron, tungsten/polymer, tungsten/matrix, tungsten/nickel/iron, tungsten/iron/nickel/tin, tungsten/bronze, tungsten/tin/bismuth, tungsten/iron/copper/nickel, tungsten/tin/iron, or other shot approved by the U.S. Fish and Wildlife Service.

8.3 Allowed Special Measures Notwithstanding the provisions of section 23 of this title, the following special measures may be used when harvesting light geese under this rule:

(a) Unplugged shotguns (that can accommodate more than three shells);

(b) Electronic calls.

9.0 Shooting Hours Notwithstanding the provisions of section 23 of this title, the legal shooting hours under this rule are: one-half hour before legal sunrise to one-half hour after legal sunset.

10.0 Wanton waste of migratory game birds No person shall kill or cripple any migratory game bird pursuant to this rule without making a reasonable effort to retrieve the bird, and retain it in his or her actual custody, at the place where taken or between that place and either (1) his or her automobile or principal means of land transportation; or (2) his or her personal abode or temporary or transient place of lodging; or (3) a migratory bird preservation facility; or (4) a post office; or (5) a common carrier facility.

11.0 Other Applicable Laws11.1 All other federal and state laws and regulation relevant to the harvesting of light geese, including: importation, possession, custody, tagging, sale of parts and eggs apply unless otherwise stated herein.

11.2 No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any act of Congress or any regulation issued pursuant thereto.

11.3 No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law or regulation of any state.

12.0 Suspension If the Director of the U.S. Fish and Wildlife Service suspends the Conservation Order, this Rule is automatically suspended.
10 V.S.A. § 558 — VT Code / Title 10 / Chapter 23 / Section 558
§ 558. Emission control requirements
Status: in_force

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.
10 V.S.A. § 6264 — VT Code / Title 10 / Chapter 153 / Section 6264
§ 6264. Minor defects; repair and deduct
Status: in_force

(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.
10APPENDIX V.S.A. § 122 — VT Code / Title 10APPENDIX / Chapter 2 / Section 122
App. § 122. Fish Management Regulation [Effective until January 1, 2026]
Status: in_force

1.0 Authority

(a) This rule is adopted pursuant to 10 V.S.A. § 4081(b). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

(b) In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of Vermont's fisheries.

(c) In accordance with 10 V.S.A. § 4083, this rule establishes open seasons; establishes daily, season, possession limits and size limits; prescribes the manner and means of taking fish; and prescribes the manner of transportation and exportation of fish.

2.0 Purpose

It is the policy of the State that the protection, propagation control, management and conservation of fish, wildlife, and furbearing animals in this State is in the interest of the public welfare, and that safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.

3.0 Open-Water Fishing, legal methods of taking fish

3.1 Definitions

3.1.1 Department — Vermont Department of Fish and Wildlife.

3.1.2 Commissioner — Vermont Department of Fish and Wildlife Commissioner.

3.1.3 Open-water fishing — Fishing by means of hook and line in hand or attached to a rod or other device in open water. Fishing by casting or trolling baited hooks, artificial flies or lures is considered open-water fishing.

3.1.4 Baited Hook — A single shank hook with 1, 2, or 3 points which may be baited with natural or artificial bait or both.

3.1.5 Lure — A man-made device designed to catch only 1 fish at a time, to include a spoon, plug, spinner, bait harness, tandem hook streamer or lead head jig.

3.1.6 Fly — A single pointed hook dressed with feathers, hair, thread, tinsel, or any similar material wound on or about the hook to which no hooks, spinners, spoons, or similar devices have been added.

3.1.7 Handheld Spear — A manually powered spear used from above the water's surface.

3.1.8 Speargun — A pneumatic or rubber band powered device, with a line not to exceed 20 feet attached to a spear, used from below the water's surface.

3.1.9 Cull Fish — Carp, tench, rudd, shad (alewife and gizzard shad), and goldfish. Additional invasive/exotic fish species may be designated by the Commissioner as “cull fish.”

3.1.10 Immediate Control — Such constant control as would enable the angler to respond forthwith to a fish taking their bait, lure or fly promptly and without any delay.

3.1.11 Snagging — Snagging shall mean the intentional hooking of a fish in a place other than the inside of the fish's mouth. No person shall pull, jerk or otherwise purposefully and/or repeatedly manipulate a hook, or hooks and line to snag or hook a fish in any method other than to entice a fish into taking, by mouth, a hook, lure or fly. Repeated and/or exaggerated jerking or pulling of the fishing line and/or hooks in any attempt to snag fish, whether it results in physically snagging a fish or not, shall be prima facie evidence that snagging has taken place. This shall not apply to the use of a gaff to land a fish that has been legally hooked.

3.2 Whether still fishing, casting, or trolling in Vermont waters, a person may take fish only by using not more than two lines over which he or she has immediate control and to each of which lines is attached not more than two baited hooks, or more than three artificial flies, or more than two lures with or without bait.

3.3 A person shall not take any fish pursuant to subsection (3.2) unless it is hooked in the mouth. Any fish taken under subsection (3.2) that is not hooked in the mouth shall be immediately released pursuant to 10 V.S.A. § 4602. A fish hooked in any part of the body other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking.

3.4 Taking or attempting to take fish by snagging is prohibited in all Vermont Waters.

3.5 Catch and Release: For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies.

4.0 Ice Fishing

4.1 Definitions — The definitions of section 3 are applicable to this section.

(a) Ice Fishing — Ice fishing is defined as fishing by means of hook and line in hand or attached to a rod, tip-up, jack or bob, where the angler is fishing through a hole in the ice, from the ice or on an object supported by the ice. Fishing by casting or trolling baited hooks, artificial flies or lures shall not be considered ice fishing.

4.2 Fish may be taken through the ice with not more than eight lines, except on Lake Champlain where no more than fifteen lines may be operated. Each line shall not have more than two baited hooks, or more than three artificial flies, or more than two lures with or without bait.

4.3 A person ice fishing shall have at all times, immediate control over all lines they operate. A person ice fishing shall be able to visually observe lines they operate. Any line that indicates a fish shall be tended within 30 minutes.

4.4 A person shall not take any fish pursuant to subsection (4.2) unless it is hooked in the mouth. Any fish taken under subsection (4.2) that is not hooked in the mouth shall be immediately released pursuant to 10 V.S.A. § 4602. A fish hooked in any part of the body other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking.

4.5 Taking or attempting to take fish by snagging is prohibited in all Vermont Waters.

4.6 Catch and Release (C&R): For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies.

5.0 Lake Champlain Boundaries

Lake Champlain proper shall be considered to include the setback at the same level and the major tributaries to the lake to the following boundaries:

Dead Creek to Panton Road bridge in Panton;

East Creek to the falls in Orwell (downstream of Mount Independence Road);

Lamoille River to the top of first dam (Peterson Dam) in Milton;

LaPlatte River to the falls in Shelburne (under Falls Road bridge);

Lewis Creek to falls in North Ferrisburgh (just upstream of Old Hollow Road);

Little Otter Creek to falls in Ferrisburgh Center (downstream of Little Chicago Road);

Malletts Creek to the first falls upstream of Roosevelt Highway (US 2 and US 7) in Colchester;

Mill River in Georgia to the falls in Georgia (just upstream of Georgia Shore Road bridge);

Missisquoi River to the top of Swanton Dam in the Village of Swanton;

Mud Creek to the dam in Alburg (just upstream of Route 78 bridge);

Otter Creek to the top of the dam in the city of Vergennes;

Poultney River to Central Vermont Power Dam at Carver Falls in West Haven;

Rock River to first Canadian border crossing;

Winooski River to the Winooski One hydropower dam west of Main Street (US 7) in Winooski and Burlington;

6.0 Seasonally Closed Waters

6.1 Lakes and Ponds — The following lakes and ponds or portions thereof are hereby designated seasonally closed waters and shall be closed to all fishing except between Second Saturday in April through October 31:

Bald Hill Pond, Westmore

Beaver Pond, Holland

Beck Pond, Newark

Beebe Pond, Sunderland

Big Mud Pond, Mt. Tabor

Bourn Pond, Sunderland

Branch Pond, Sunderland

Cary Pond, Walden

Cow Mountain Pond, Granby

Duck Pond, Sutton

Forest Lake, Averill

Griffith Lake, Mt. Tabor

Holland Pond, Holland

Jobs Pond, Westmore

Lake Pleiad, Hancock

Levi Pond, Groton

Lewis Pond, Lewis

Little Rock Pond, Wallingford

Long Pond, Westmore

Marl Pond, Sutton

Martins Pond, Peacham

North Pond, Chittenden

Notch Pond, Ferdinand

Noyes (Seyon) Pond, Groton

Perch Pond (Zack Woods Pond), Hyde Park

Pigeon Pond, Groton

Red Mill Pond, Woodford

Silver Lake, Leicester

South America Pond, Ferdinand

South Pond, Marlboro

Spring Lake, Shrewsbury

Stannard Pond, Stannard

Sterling Pond, Cambridge

Stoughton Pond, Weathersfield

Stratton Pond, Stratton

Unknown Pond, Averys Gore

Unknown Pond, Ferdinand

Vail Pond, Sutton

Vernon Hatchery Pond, Vernon

West Mountain Pond, Maidstone

Wheeler Pond, Barton and Sutton

Zack Woods (Perch Pond), Hyde Park

6.2 Rivers and Streams — All rivers and streams are hereby designated seasonally closed waters except as listed in all the sections below. For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies.

7.0 Fish — Open Seasons, Size Restrictions and Daily Bag Limits

7.1 Fish of the species named or described in the tables set forth below may be taken:

(a) In the waters specified in column 1, by the method specified in column 2, during the open season specified in column 3.

(b) Provided they meet any size restrictions specified in column 4., and only in numbers listed under daily bag limits specified in column 5., under no circumstances may a person take in one day, more than the daily bag or weight limit from a listed body of water. No person may take in aggregate more than the daily State-wide aggregate limit for any species listed.

(c) Businesses may buy lawfully taken fish, with the approval of Commissioner, pursuant to the Commercial angling rules set forth in 10 V.S.A. App. 123.

7.2 Possession limits are equal to twice the daily bag limits. Fish species with limit restrictions may not be possessed in excess of the possession limits at any time.

(a) No person shall have live fish in their possession that are transported in a manner which attempts to keep them alive when leaving waters of the State (10 V.S.A. § 1251(13)), except as follows:

(1) a person may transport approved baitfish species pursuant to the baitfish rules set forth in 10 V.S.A. App. § 141.

(2) the person has been issued a scientific collection permit by the Commissioner which specifically approves of the activity,

(3) the person has been issued a fish transportation permit by the Commissioner which specifically approves of the activity,

(4) the person has been issued a fish breeders permit or fish importation permit by the Commissioner which specifically approves of the activity.

7.3 The daily bag limit for a fish species on a water body with a closed season for that fish species is zero during the closed season.

7.4 “General waters” restrictions are the provisions applicable to all waters of the State, except the waters specifically named or described.

7.5 Unless otherwise specifically provided, fish not listed in this regulation may be taken at any time and without size or catch limit, in waters not listed as seasonally closed waters in Section 6 of these regulations.

7.6 Open Seasons, Size Restrictions and Daily Bag Limits Tables

(a) STATEWIDE AGGREGATE DAILY BAG LIMITS (Maximum number of a fish species that may be taken in one day)

(b) BROOK, BROWN AND RAINBOW TROUT

(c) TROPHY TROUT STREAMS

(d) RAINBOW TROUT (Including STEELHEAD) / BROWN TROUT

(e) BROOK, BROWN, RAINBOW, LAKE TROUT AND SALMON — 2 FISH AGGREGATE LIMITS

(f) LAKE TROUT AND SALMON

(g) SPECIAL REGULATION TROUT STREAMS

(h) ANADROMOUS ATLANTIC SALMON

(i) AMERICAN SHAD

(j) BOWFIN, REDHORSE SUCKER (MULLET), LONGNOSE GAR.

(k) SUCKER (LONGNOSE AND WHITE), and CULL FISH

(l) BULLHEAD

(m) NORTHERN PIKE

(n) CHAIN AND REDFIN PICKEREL

(o) MUSKELLUNGE

(p) SMELT

(q) BLACK AND WHITE CRAPPIE

(r) YELLOW PERCH

(s) LARGEMOUTH AND SMALLMOUTH BASS

(t) WALLEYE

(u) SAUGER

7.7 Spawning grounds for game fish generally

(a) The below listed waters are declared spawning grounds for game fish and are hereby closed to the taking of fish from second Saturday in April through May 31 annually.

Chittenden County

Joiner Brook, Bolton — From the confluence of the Winooski River upstream approximately 1,900 feet to the first falls.

Pinneo Brook, Bolton — From the confluence of the Winooski River upstream approximately 100 feet to the railroad crossing.

Preston Brook, Bolton — From the confluence of the Winooski River upstream approximately 2,600 feet to the first falls.

Orleans County

Black River, Coventry — From 600 feet below the falls at Old Harman Mill in Coventry upstream to the top of falls at Old Harman Mill in Coventry.

Willoughby River, Orleans — From the downstream edge of bridge on Tarbox Hill Road in Orleans Village upstream to the top of the natural falls upstream of the bridge on Tarbox Hill Road in Orleans Village.

Dorin, Wells, Myers, Schoolhouse and Mill Brooks, all in Westmore — From mouth of brooks at Lake Willoughby upstream approximately ¾ mile in Dorin Brook, all of Wells Brook, ½ mile in Myers Brook, ¼ mile in the Schoolhouse Brook and ¼ mile in Mill Brook and tributaries, all in Westmore. For identification purpose these brooks are arranged in order from north to south, and flow through Vermont Agency of Transportation structures on Route 5A number 10, 9, 8, 7 and 6, respectively.

Porter Brook, Greensboro — From Caspian Lake upstream to its headwaters. (1987, Fish and Wildlife Commissioner's Reg. No. 970, eff. April 1, 1987.)

Washington County

Chase Brook, Berlin — From its confluence with the Dog River upstream approximately ½ mile to the top of the natural falls in Berlin.

Ridley Brook, Duxbury — From the confluence of the Winooski River upstream approximately 1,700 feet to the first falls.

Windsor County

Lilliesville Brook, Stockbridge — From its confluence with the White River upstream to the 2nd bridge on the Lilliesville Brook Road.

Locust Creek, Bethel — From its confluence with the White River upstream to the 2nd bridge on Rt. 12.

(b) The below named waters are closed from March 16 through May 31.

Chittenden County

Lamoille River, Milton — From the downstream edge of the bridge on Bear Trap Road in Milton (referred to as the West Milton Bridge upstream to the top of first dam (Peterson Dam) in Milton.

Winooski River,Winooski and Burlington — From theWinooski One Hydro dam west of Main Street (US 7) in Winooski and Burlington and extending downstream to the downstream side of the first railroad bridge.

Franklin County

Missisquoi River, Swanton — From the top of the Swanton dam in the Village of Swanton downstream approximately 850 feet to the water treatment plant on the west side of the river, and down- stream approximately 850 feet to the upstream end of the cement breakwater on the east side of the river. (1988, Fish and Wildlife Board Reg. No. 975, eff. April 7, 1988.)

(c) The below named waters are closed from March 16 to the Friday before the 1st Saturday in May, both dates inclusive:

Franklin County

Missisquoi River, Swanton — From the top of the Swanton Dam in the Village of Swanton extending downstream 5,120 feet to the Northwest corner (downstream) of the Riverside Cemetery and across the river to a pole on the Northeast bank.

(d) The below named waters are closed to fishing year-round:

Orleans County

Clyde River, Newport City — From 260 feet below the top of the abandoned Mill Dam immediately upstream of the Number 1, 2, 3 hydroelectric powerhouse in Newport City, upstream to the top of the abandoned Mill Dam immediately upstream of the Number 1, 2, 3 hydroelectric powerhouse in Newport City.

(e) The below named water is only open to fishing using artificial flies and lures from September 1 to October 31. All salmon caught must be released. Lake Trout may be harvest during this period. The daily limit is 2 lake trout with a minimum length of 18 inches

Clyde River — From Lake Memphremagog upstream to Charleston Dam (Lubber Lake), West Charleston

(f) The below named water is catch and release for trout from Second Saturday in April to October 31. All trout must be immediately released.

Batten Kill River — From the New York State line upstream (approximately 20.6 miles) to downstream side of Depot Street Bridge (Route 11/30) in Manchester

(g) The below named water is catch and release for trout with artificial lures and flies only, anglers less than 15 years old may use live bait from Second Saturday in April to October 31. All trout must be immediately released.

Dog River — From the downstream edge of the Junction Road Bridge in Berlin/Montpelier upstream to the top of the Northfield Falls Dam in Northfield.

(h) The below named waters are closed to fishing from November 1 to the Friday before the second Saturday in April.

Batten Kill River — From the New York State line upstream (approximately 20.6 miles) to downstream side of Depot Street Bridge (Route 11/30) in Manchester.

Clyde River — From Lake Memphremagog upstream to Charleston Dam (Lubber Lake), West Charleston

Dog River — From the downstream edge of the Junction Road Bridge in Berlin/Montpelier upstream to the top of the Northfield Falls Dam in Northfield.

1.0 Authority

(a) This rule is adopted pursuant to 10 V.S.A. § 4081(b). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

(b) In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of Vermont's fisheries.

(c) In accordance with 10 V.S.A. § 4083, this rule establishes open seasons; establishes daily, season, possession limits and size limits; prescribes the manner and means of taking fish; and prescribes the manner of transportation and exportation of fish.

2.0 Purpose

It is the policy of the State that the protection, propagation control, management and conservation of fish, wildlife, and furbearing animals in this State is in the interest of the public welfare, and that safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.

3.0 Open-Water Fishing, legal methods of taking fish

3.1 Definitions

(a) Department — Vermont Department of Fish and Wildlife.

(b) Commissioner — Vermont Department of Fish and Wildlife Commissioner.

(c) Open-water fishing — Fishing by means of hook and line in hand or attached to a rod or other device in open water. Fishing by casting or trolling baited hooks, artificial flies or lures is considered open-water fishing.

(d) Baited Hook — A single shank hook with 1, 2, or 3 points which may be baited with natural or artificial bait or both.

(e) Lure — A man-made device designed to catch only 1 fish at a time, to include a spoon, plug, spinner, bait harness, tandem hook streamer or lead head jig.

(f) Fly — A single pointed hook dressed with feathers, hair, thread, tinsel, or any similar material wound on or about the hook to which no hooks, spinners, spoons, or similar devices have been added.

(g) Handheld Spear — A manually powered spear used from above the water's surface.

(h) Speargun — A pneumatic or rubber band powered device, with a line not to exceed 20 feet attached to a spear, used from below the water's surface.

(i) Cull Fish — Carp, tench, rudd, shad (alewife and gizzard shad), and goldfish. Additional invasive/exotic fish species may be designated by the Commissioner as “cull fish.”

(j) Immediate Control — Such constant control as would enable the angler to respond forthwith to a fish taking their bait, lure or fly promptly and without any delay.

(k) Snagging — Snagging shall mean the intentional hooking of a fish in a place other than the inside of the fish's mouth. No person shall pull, jerk or otherwise purposefully and/or repeatedly manipulate a hook, or hooks and line to snag or hook a fish in any method other than to entice a fish into taking, by mouth, a hook, lure or fly. Repeated and/or exaggerated jerking or pulling of the fishing line and/or hooks in any attempt to snag fish, whether it results in physically snagging a fish or not, shall be prima facie evidence that snagging has taken place. This shall not apply to the use of a gaff to land a fish that has been legally hooked.

3.2 Whether still fishing, casting, or trolling in Vermont waters, a person may take fish only by using not more than two lines over which he or she has immediate control and to each of which lines is attached not more than two baited hooks, or more than three artificial flies, or more than two lures with or without bait.

3.3 A person shall not take any fish pursuant to subsection (3.2) unless it is hooked in the mouth. Any fish taken under subsection (3.2) that is not hooked in the mouth shall be immediately released pursuant to 10 V.S.A. § 4602. A fish hooked in any part of the body other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking.

3.4 Taking or attempting to take fish by snagging is prohibited in all Vermont Waters.

3.5 Catch and Release: For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies.

4.0 Ice Fishing

4.1 Definitions — The definitions of section 3 are applicable to this section.

(a) Ice Fishing — Ice fishing is defined as fishing by means of hook and line in hand or attached to a rod, tip-up, jack or bob, where the angler is fishing through a hole in the ice, from the ice or on an object supported by the ice. Fishing by casting or trolling baited hooks, artificial flies or lures shall not be considered ice fishing.

4.2 Fish may be taken through the ice with not more than eight lines, except on Lake Champlain where no more than fifteen lines may be operated. Each line shall not have more than two baited hooks, or more than three artificial flies, or more than two lures with or without bait.

4.3 A person ice fishing shall have at all times, immediate control over all lines they operate. A person ice fishing shall be able to visually observe lines they operate. Any line that indicates a fish shall be tended within 30 minutes.

4.4 A person shall not take any fish pursuant to subsection (4.2) unless it is hooked in the mouth. Any fish taken under subsection (4.2) that is not hooked in the mouth shall be immediately released pursuant to 10 V.S.A. § 4602. A fish hooked in any part of the body other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking.

4.5 Taking or attempting to take fish by snagging is prohibited in all Vermont Waters.

4.6 Catch and Release (C&R): For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies.

5.0 Lake Champlain Boundaries

Lake Champlain proper shall be considered to include the setback at the same level and the major tributaries to the lake to the following boundaries:

Dead Creek to Panton Road bridge in Panton;

East Creek to the falls in Orwell (downstream of Mount Independence Road);

Lamoille River to the top of first dam (Peterson Dam) in Milton;

LaPlatte River to the falls in Shelburne (under Falls Road bridge);

Lewis Creek to falls in North Ferrisburgh (just upstream of Old Hollow Road);

Little Otter Creek to falls in Ferrisburgh Center (downstream of Little Chicago Road);

Malletts Creek to the first falls upstream of Roosevelt Highway (US 2 and US 7) in Colchester;

Mill River in Georgia to the falls in Georgia (just upstream of Georgia Shore Road bridge);

Missisquoi River to the top of Swanton Dam in the Village of Swanton;

Mud Creek to the dam in Alburg (just upstream of Route 78 bridge);

Otter Creek to the top of the dam in the city of Vergennes;

Poultney River to Central Vermont Power Dam at Carver Falls in West Haven;

Rock River to first Canadian border crossing;

Winooski River to the Winooski One hydropower dam west of Main Street (US 7) in Winooski and Burlington;

6.0 Seasonally Closed Waters

6.1 Lakes and Ponds — The following lakes and ponds or portions thereof are hereby designated seasonally closed waters and shall be closed to all fishing except between Second Saturday in April through October 31:

Bald Hill Pond, Westmore

Beaver Pond, Holland

Beck Pond, Newark

Beebe Pond, Sunderland

Big Mud Pond, Mt. Tabor

Bourn Pond, Sunderland

Branch Pond, Sunderland

Cary Pond, Walden

Cow Mountain Pond, Granby

Duck Pond, Sutton

Forest Lake, Averill

Griffith Lake, Mt. Tabor

Holland Pond, Holland

Jobs Pond, Westmore

Lake Pleiad, Hancock

Levi Pond, Groton

Lewis Pond, Lewis

Little Rock Pond, Wallingford

Long Pond, Westmore

Marl Pond, Sutton

Martins Pond, Peacham

Mud Pond, Hyde Park

North Pond, Chittenden

Notch Pond, Ferdinand

Noyes (Seyon) Pond, Groton

Perch Pond (Zack Woods Pond), Hyde Park

Pigeon Pond, Groton

Red Mill Pond, Woodford

Silver Lake, Leicester

South America Pond, Ferdinand

South Pond, Marlboro

Spring Lake, Shrewsbury

Stannard Pond, Stannard

Sterling Pond, Cambridge

Stoughton Pond, Weathersfield

Stratton Pond, Stratton

Unknown Pond, Averys Gore

Unknown Pond, Ferdinand

Vail Pond, Sutton

Vernon Hatchery Pond, Vernon

West Mountain Pond, Maidstone

Wheeler Pond, Barton and Sutton

Zack Woods (Perch Pond), Hyde Park

6.2 Rivers and Streams — All rivers and streams are hereby designated seasonally closed waters except as listed in all the sections below. For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies.

7.0 Fish — Open Seasons, Size Restrictions and Daily Bag Limits

7.1 Fish of the species named or described in the tables set forth below may be taken:

(a) In the waters specified in column 1, by the method specified in column 2, during the open season specified in column 3.

(b) Provided they meet any size restrictions specified in column 4., and only in numbers listed under daily bag limits specified in column 5., under no circumstances may a person take in one day, more than the daily bag or weight limit from a listed body of water. No person may take in aggregate more than the daily State-wide aggregate limit for any species listed.

(c) Businesses may buy lawfully taken fish, with the approval of Commissioner, pursuant to the Commercial angling rules set forth in 10 V.S.A. App. 123.

7.2 Possession limits are equal to twice the daily bag limits. Fish species with limit restrictions may not be possessed in excess of the possession limits at any time.

(a) No person shall have live fish in their possession that are transported in a manner which attempts to keep them alive when leaving waters of the State (10 V.S.A. § 1251(13)), except as follows:

(1) a person may transport approved baitfish species pursuant to the baitfish rules set forth in 10 V.S.A. App. § 141.

(2) the person has been issued a scientific collection permit by the Commissioner which specifically approves of the activity,

(3) the person has been issued a fish transportation permit by the Commissioner which specifically approves of the activity,

(4) the person has been issued a fish breeders permit or fish importation permit by the Commissioner which specifically approves of the activity.

7.3 The daily bag limit for a fish species on a water body with a closed season for that fish species is zero during the closed season.

7.4 “General waters” restrictions are the provisions applicable to all waters of the State, except the waters specifically named or described.

7.5 Unless otherwise specifically provided, fish not listed in this regulation may be taken at any time and without size or catch limit, in waters not listed as seasonally closed waters in Section 6 of these regulations.

7.6 Open Seasons, Size Restrictions and Daily Bag Limits Tables

(a) STATEWIDE AGGREGATE DAILY BAG LIMITS (Maximum number of a fish species that may be taken in one day)

(b) BROOK, BROWN AND RAINBOW TROUT

(c) TROPHY TROUT STREAMS

(d) RAINBOW TROUT (Including STEELHEAD) / BROWN TROUT

(e) BROOK, BROWN, RAINBOW, LAKE TROUT AND SALMON — 2 FISH AGGREGATE LIMITS

(f) LAKE TROUT AND SALMON

(g) SPECIAL REGULATION TROUT STREAMS

(h) ANADROMOUS ATLANTIC SALMON

(i) AMERICAN SHAD

(j) BOWFIN, REDHORSE SUCKER (MULLET), LONGNOSE GAR.

(k) SUCKER (LONGNOSE AND WHITE), and CULL FISH

(l) PANFISH, defined as Bluegill, Bullhead, Black and White Crappie, Pumpkinseed, Rock Bass, Yellow Perch

(m) NORTHERN PIKE

(n) CHAIN AND REDFIN PICKEREL

(o) MUSKELLUNGE

(p) SMELT

(q) LARGEMOUTH AND SMALLMOUTH BASS

(r) WALLEYE

(s) SAUGER

7.7 Spawning grounds for game fish generally

(a) The below listed waters are declared spawning grounds for game fish and are hereby closed to the taking of fish from March 16 through May 31 annually.

Chittenden County

Joiner Brook, Bolton — From the confluence of the Winooski River upstream approximately 1,900 feet to the first falls.

Pinneo Brook, Bolton — From the confluence of the Winooski River upstream approximately 100 feet to the railroad crossing.

Preston Brook, Bolton — From the confluence of the Winooski River upstream approximately 2,600 feet to the first falls.

Lamoille River, Milton — From the downstream edge of the bridge on

Bear Trap Road in Milton (referred to as the West Milton

Bridge upstream to the top of first dam (Peterson Dam) in Milton.

Winooski River, Winooski and Burlington — From the Winooski One

Hydro dam west of Main Street (US 7) in Winooski and

Burlington and extending downstream to the downstream side of the first railroad bridge.

Franklin County

Missisquoi River, Swanton — From the top of the Swanton dam in the

Village of Swanton downstream approximately 850 feet to the water treatment plant on the west side of the river, and downstream approximately 850 feet to the upstream end of the cement breakwater on the east side of the river. (1988, Fish and Wildlife Board Reg. No. 975, eff. April 7, 1988.)

Orleans County

Black River, Coventry — From 600 feet below the falls at Old Harman Mill in Coventry upstream to the top of falls at Old Harman Mill in Coventry.

Blodgett/Tarbox Brook — from the confluence with Willoughby River upstream 1,300' to bridge on Tarbox Hill Road.

Willoughby River, Orleans — From the downstream edge of bridge on Tarbox Hill Road in Orleans Village upstream to the top of the natural falls upstream of the bridge on Tarbox Hill Road in Orleans Village.

Dorin, Wells, Myers, Schoolhouse and Mill Brooks, all in Westmore — From mouth of brooks at Lake Willoughby upstream approximately ¾ mile in Dorin Brook, all of Wells Brook, ½ mile in Myers Brook, ¼ mile in the Schoolhouse Brook and ¼ mile in Mill Brook and tributaries, all in Westmore. For identification purpose these brooks are arranged in order from north to south, and flow through Vermont Agency of Transportation structures on Route 5A number 10, 9, 8, 7 and 6, respectively.

Porter Brook, Greensboro — From Caspian Lake upstream to its headwaters. (1987, Fish and Wildlife Commissioner's Reg. No. 970, eff. April 1, 1987.)

Washington County

Chase Brook, Berlin — From its confluence with the Dog River upstream approximately ½ mile to the top of the natural falls in Berlin.

Ridley Brook, Duxbury — From the confluence of the Winooski River upstream approximately 1,700 feet to the first falls.

Windsor County

Lilliesville Brook, Stockbridge — From its confluence with the White River upstream to the 2nd bridge on the Lilliesville Brook Road.

Locust Creek, Bethel — From its confluence with the White River upstream to the 2nd bridge on Rt. 12.

(b) The below named waters are closed from March 16 to the Friday before the 1st Saturday in May, both dates inclusive:

Franklin County

Missisquoi River, Swanton — From the top of the Swanton Dam in the Village of Swanton extending downstream 5,120 feet to the Northwest corner (downstream) of the Riverside Cemetery and across the river to a pole on the Northeast bank.

(c) The below named waters are closed to fishing year-round:

Orleans County

Clyde River, Newport City — From 260 feet below the top of the abandoned Mill Dam immediately upstream of the Number 1, 2, 3 hydroelectric powerhouse in Newport City, upstream to the top of the abandoned Mill Dam immediately upstream of the Number 1, 2, 3 hydroelectric powerhouse in Newport City.

(d) The below named water is only open to fishing using artificial flies and lures from September 1 to October 31. All salmon caught must be released. Lake Trout may be harvest during this period. The daily limit is 2 lake trout with a minimum length of 18 inches

Clyde River — From Lake Memphremagog upstream to Charleston Dam (Lubber Lake), West Charleston

(e) The below named water is catch and release for trout from Second Saturday in April to October 31. All trout must be immediately released.

Batten Kill River — From the New York State line upstream (approximately 20.6 miles) to downstream side of Depot Street Bridge (Route 11/30) in Manchester

(f) The below named water is catch and release for trout with artificial lures and flies only, anglers less than 15 years old may use live bait from Second Saturday in April to October 31. All trout must be immediately released.

Dog River — From the downstream edge of the Junction Road Bridge in Berlin/Montpelier upstream to the top of the Northfield Falls Dam in Northfield.

(g) The below named waters are closed to fishing from November 1 to the Friday before the second Saturday in April.

Batten Kill River — From the New York State line upstream (approximately 20.6 miles) to downstream side of Depot Street Bridge (Route 11/30) in Manchester.

Clyde River — From Lake Memphremagog upstream to Charleston Dam (Lubber Lake), West Charleston

Dog River — From the downstream edge of the Junction Road Bridge in Berlin/Montpelier upstream to the top of the Northfield Falls Dam in Northfield.
10 V.S.A. § 5402a — VT Code / Title 10 / Chapter 123 / Section 5402a
§ 5402a. Critical habitat; listing
Status: in_force

(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.