10 V.S.A. § 1335 — VT Code / Title 10 / Chapter 47 / Section 1335
§ 1335. General powers of Commission-Article IV
Status: in_force

The Commission shall annually elect from its members a chair and vice chair and shall appoint and at its pleasure remove or discharge such officers. It may appoint and employ a secretary who shall be a professional engineer versed in water pollution and may employ such stenographic or clerical employees as shall be necessary, and at its pleasure remove or discharge such employees. It shall adopt a seal and suitable bylaws and shall promulgate rules and regulations for its management and control. It may maintain an office for the transaction of its business and may meet at any time or place within the signatory states. Meetings shall be held at least twice each year. A majority of the members shall constitute a quorum for the transaction of business, but no action of the Commission imposing any obligation on any signatory state or on any municipal agency or subdivision thereof or on any person, firm or corporation therein shall be binding unless a majority of the members from such signatory state shall have voted in favor thereof. Where meetings are planned to discuss matters relevant to problems of water pollution control affecting only certain of the signatory states, the Commission may vote to authorize special meetings of the commissioners of the states especially concerned. The Commission shall keep accurate accounts of all receipts and disbursements and shall make an annual report to the governor and the legislature of each signatory state setting forth in detail the operations and transactions conducted by it pursuant to this compact, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the signatory states which may be necessary to carry out the intent and purpose of this compact. The Commission shall not incur any obligations for salaries, office, administrative, traveling or other expenses prior to the allotment of funds by the signatory states adequate to meet the same; nor shall the Commission pledge the credit of any of the signatory states. Each signatory state reserves the right to provide hereafter by law for the examination and audit of the accounts of the Commission. The Commission shall appoint a treasurer who may be a member of the Commission, and disbursements by the Commission shall be valid only when authorized by the Commission and when vouchers therefor have been signed by the secretary and countersigned by the treasurer. The secretary shall be custodian of the records of the Commission with authority to attest to and certify such records or copies thereof.
10 V.S.A. § 1041 — VT Code / Title 10 / Chapter 41 / Section 1041
§ 1041. Policy on surface water withdrawals for off-stream uses other than snowmaking
Status: in_force

(a) This subchapter is intended to establish policy and standards for surface water withdrawals that are consistent with section 1001 of this chapter and chapter 47 of this title, including the Vermont Water Quality Standards.

(b) The policy established under this subchapter is to:

(1) assure the protection, maintenance, and restoration of the chemical, physical, and biological water quality, including water quantity, necessary to sustain aquatic communities and stream function;

(2) help to provide for and enhance the viability of those sectors and industries that rely on the use of surface waters and are important to Vermont's economy;

(3) permit surface water withdrawals and the construction of appurtenant facilities and related systems for uses other than snowmaking, based on an analysis of the need for water and the consideration of alternatives and consistent with this and related policies and other applicable laws and rules; and

(4) recognize that existing users of the State's waters for off-stream uses that may have an adverse effect on water quality should have time and opportunity to improve water quality.
10 V.S.A. § 280k — VT Code / Title 10 / Chapter 12 / Section 280k
§ 280k. Powers and duties of the Program
Status: in_force

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

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

(2) to establish, jointly with the Authority, fiscal controls and accounting procedures for the Program.
10 V.S.A. § 6244 — VT Code / Title 10 / Chapter 153 / Section 6244
§ 6244. Security deposits
Status: in_force

(a) A security deposit is any advance, deposit, or prepaid rent that is refundable to a leaseholder at the termination or expiration of the occupancy. A security deposit is to secure the leaseholder's obligation to pay rent and to maintain a rented mobile home or mobile home lot.

(b) The mobile home park owner may retain all or a portion of the security deposit for any of the following reasons:

(1) nonpayment of rent;

(2) damage to property of the park owner, unless the damage is the result of normal wear and tear or the result of actions or events beyond the control of the leaseholder;

(3) nonpayment of utility or other charges that the leaseholder was required to pay directly to the park owner or to a utility; or

(4) expenses for removal of articles abandoned by the leaseholder, including personal property, the mobile home, rubbish, and motor vehicles from the mobile home lot.

(c) A park owner shall return to the leaseholder the security deposit with a written statement itemizing any deductions within 14 days from the date on which the leaseholder:

(1) removes a mobile home from the park and terminates the lease for the lot on which the mobile home was located; or

(2) delivers to the park owner an executed bill of sale transferring ownership of a mobile home that is to remain in the park to an individual who has entered into a lease for the lot with the park owner; or

(3) has been removed from the park pursuant to a writ of possession.

(d) The park owner shall comply with this section by hand-delivering or mailing the statement and any payment required to the last known address of the leaseholder.

(e) If a park owner fails to return the security deposit with a statement within 14 days, the park owner forfeits the right to withhold any portion of the security deposit. If the failure is willful, the park owner shall be liable for double the amount wrongfully withheld, plus reasonable attorney's fees and costs.

(f) Upon termination of the park owner's interest in the park, the security deposit shall be transferred to the new park owner. The new park owner shall give the leaseholder actual notice of the new park owner's name and address with a statement that the security deposit has been transferred to the new park owner.

(g) A municipality may adopt an ordinance governing security deposits on mobile homes or mobile home lots. The ordinance shall be supplemental to and not inconsistent with the minimum protections of the provisions of this section. The ordinance may not limit how a security deposit is held. The ordinance may authorize the payment of interest on a security deposit. The ordinance may provide that a housing board of review constituted pursuant to 24 V.S.A. § 5005 may hear and decide disputes related to security deposits upon request for a hearing by a park owner or leaseholder. The board's actions shall be reviewable under 24 V.S.A. § 5006.
10 V.S.A. § 1231 — VT Code / Title 10 / Chapter 46A / Section 1231
§ 1231. Compact
Status: in_force

The State of Vermont enters into the following compact with the State of New Hampshire subject to the terms and conditions therein stated.
10 V.S.A. § 669e — VT Code / Title 10 / Chapter 27 / Section 669e
§ 669e. Cooperative efforts
Status: in_force

An association approved for a grant under this subchapter shall act in a manner that is consistent with the efforts of the Vermont Department of Tourism and Marketing. A recipient association shall not deliberately and adversely affect the travel and tourism marketing efforts of another recipient association.
10APPENDIX V.S.A. § 4 — VT Code / Title 10APPENDIX / Chapter 1 / Section 4
App. § 4. Bow and arrow hunting
Status: in_force

Unless otherwise prohibited by federal law, any game which may be taken by shooting may be taken by use of bow and arrow, or by crossbow where authorized by Vermont Fish and Wildlife Board rules.
10 V.S.A. § 2462 — VT Code / Title 10 / Chapter 81 / Section 2462
§ 2462. Mutual aid compact
Status: in_force

(a) The Commissioner of Forests, Parks and Recreation may enter into agreements with the federal government and other states outside the Northeastern Forest Fire Protection Compact to provide and accept assistance, including training of personnel, for the purpose of mutual fire protection. Any employee of the Department of Forests, Parks and Recreation assigned to fire control duties or training programs outside this State shall be considered to be working in this State for purposes of compensation and any other employee benefits.

(b) The Commissioner of Forests, Parks and Recreation may not enter into any agreement under this section that supersedes or conflicts with sections 2501 through 2515 of this title.
10 V.S.A. § 6505 — VT Code / Title 10 / Chapter 157 / Section 6505
§ 6505. Exemption
Status: in_force

This subchapter does not apply to any temporary storage by Vermont Yankee Nuclear Power Corporation of spent nuclear fuel elements or other radioactive waste at its present site.
10 V.S.A. § 703 — VT Code / Title 10 / Chapter 31 / Section 703
§ 703. State Natural Resources Conservation Council; members; duties
Status: in_force

A State Natural Resources Conservation Council is hereby established to serve as an Agency of the State to perform the functions conferred upon it in this chapter, which shall have as members: the Director of the State Extension Service, or a designated representative; the Secretary of Agriculture, Food and Markets, or a designated representative; the Secretary of Natural Resources, or a designated representative; and one member elected by the board of each supervisory union who is a supervisor for a district within the union or their officially elected alternate. Until such time as there are four unions, the Governor shall appoint members who shall be supervisors from districts not in a union to make a total of four whose terms of office shall be two years. In addition the Chair of the State Forests and Parks Board, or a designated representative; the Chair of the State Fish and Wildlife Board, or a designated representative; and the Director of the State Planning Office or a designee shall be advisory members. The Council may invite the secretary of agriculture of the United States to appoint one person to serve with the above mentioned members in an advisory capacity only. The Council shall keep a record of its official actions, shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold public hearings, and adopt rules as may be necessary for the execution of the functions under this chapter.
10 V.S.A. § 1371 — VT Code / Title 10 / Chapter 47 / Section 1371
§ 1371. Authority for compact
Status: in_force

On behalf of the State of Vermont, the Governor thereof is hereby authorized and directed to execute a compact, as set forth in sections 1331-1342 of this title, with any of the New England states or the State of New York legally joined therein.
10 V.S.A. § 6240 — VT Code / Title 10 / Chapter 153 / Section 6240
§ 6240. Sale of homes located in parks
Status: in_force

(a) Prior to selling a mobile home located in a mobile home park, the mobile home owner shall notify the park owner by certified mail of the name and mailing address of the prospective purchaser. The seller may be held liable by the purchaser or prospective purchaser for failure to comply with this section.

(b) A purchaser or prospective purchaser of a mobile home located in a park shall not be refused entrance except for the inability of the purchaser and the purchaser's household to meet the terms of the proposed lease or to qualify under a valid admission policy of the park. Upon approval for entrance into the mobile home park, the purchaser or prospective purchaser shall be offered a written lease pursuant to section 6236 of this title. If the purchaser or prospective purchaser does not notify the park owner in writing of any objections to the lease terms prior to occupancy of the mobile home park, the purchaser shall be deemed to have accepted the lease, regardless of whether the purchaser signs and returns a copy of the lease to the park owner. The seller's failure to provide the notice required in subsection (a) of this section shall not be grounds to deny the purchaser or prospective purchaser's application.

(c) A park owner shall not charge or collect any commission on the sale of a mobile home located in a park unless the park owner contracts to sell the home.
10 V.S.A. § 2514 — VT Code / Title 10 / Chapter 81 / Section 2514
§ 2514. Duration-Article XIV
Status: in_force

This compact shall continue in force and remain binding on each state ratifying it until the legislature or the governor of such state takes action to withdraw therefrom. Such action shall not be effective until six months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.
10 V.S.A. § 8021 — VT Code / Title 10 / Chapter 201 / Section 8021
§ 8021. Cost recovery
Status: in_force

(a) In addition to any existing authority, the Secretary, in issuing an administrative order, emergency order, or assurance of discontinuance under this chapter, may recover monies expended from a special fund for a cleanup related to an environmental violation, provided that such recovered monies not exceed $20,000.00.

(b) When monies are recovered under this section, they shall be deposited into the special fund from which they were expended.
10 V.S.A. § 6606b — VT Code / Title 10 / Chapter 159 / Section 6606b
§ 6606b. Permits issued by the Secretary related to hazardous waste facilities
Status: in_force

The Secretary shall coordinate and administer the programs under the jurisdiction of the Agency of Natural Resources so that, to the extent possible, there is concurrent review, concurrent public participation, and concurrent permit issuances for hazardous waste management facilities. The Secretary shall assign a permit manager to handle all applications related to a particular waste management facility.
10 V.S.A. § 805 — VT Code / Title 10 / Chapter 33 / Section 805
§ 805. Powers and duties of board
Status: in_force

The board of directors shall have the following powers and duties:

(1) It shall keep a record of all proceedings and resolutions and provide for an annual audit of receipts and disbursements.

(2) It shall offer appropriate assistance to the member districts.

(3) It shall coordinate the programs of the member districts so far as this may be done by advice and consultation.

(4) It shall elect a Council member to represent their union for a two-year term. The Council member must be a district supervisor from a district within the union, but need not be on the union board. They may also elect an alternate Council member who must be a supervisor from a district within the union and need not be on the union board.

(5) It may employ a union conservationist and shall determine his qualifications, duties and salary, with the advice and approval of the Council, but he or she must be an employee of the State of Vermont under the classified system.

(6) It shall provide for the execution of surety bonds for all employees and officers who are entrusted with funds.

(7) It may, within appropriation limits, enter into agreements to furnish financial or other aid to any agency, governmental or otherwise, in planning for the conservation, development, and use of natural resources.
10 V.S.A. § 1284 — VT Code / Title 10 / Chapter 47 / Section 1284
§ 1284. Water quality data coordination
Status: in_force

(a) To facilitate attainment or accomplishment of the purposes of this chapter, the Secretary shall coordinate and assess all available data and science regarding the quality of the waters of the State, including:

(1) light detection and ranging information data (LIDAR);

(2) stream gauge data;

(3) stream mapping, including fluvial erosion hazard maps;

(4) water quality monitoring or sampling data;

(5) cumulative stressors on a watershed, such as the frequency an activity is conducted within a watershed or the number of stormwater or other permits issued in a watershed; and

(6) any other data available to the Secretary.

(b) After coordination of the data required under subsection (a) of this section, the Secretary shall:

(1) assess where additional data are needed and the best methods for collection of such data;

(2) identify and map on a watershed basis areas of the State that are significant contributors to water quality problems or are in critical need of water quality remediation or response.

(c) The Secretary shall post all data compiled under this section on the website of the Agency of Natural Resources.
10 V.S.A. § 7714 — VT Code / Title 10 / Chapter 170 / Section 7714
§ 7714. Type 3 Procedures
Status: in_force

(a) Purpose; scope.

(1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when adopting general permits, except for general permits governed by section 7712 of this chapter, and when considering other permits listed in this section.

(2) The procedures under this section shall be known as Type 3 Procedures. This section governs each of the following:

(A) Each general permit issued pursuant to the Secretary's authority under this title other than a general permit subject to section 7712 of this chapter. However, this section does not apply to a notice of intent under a general permit.

(B) Issuance of a dam safety order under chapter 43 of this title, except for an unsafe dam order under section 1095 of this title.

(C) An application or request for approval of:

(i) an aquatic nuisance control permit under chapter 50 of this title;

(ii) a change in treatment for a public water supply under chapter 56 of this title;

(iii) a collection plan for mercury-containing lamps under section 7156 of this title;

(iv) an individual plan for the collection and recycling of electronic waste under section 7554 of this title;

(v) a primary battery stewardship plan under section 7586 of this title; and

(vi) a covered household hazardous products collection plan under section 7183 of this title.

(b) Notice of application. The Secretary shall provide notice of an administratively complete application through the environmental notice bulletin.

(c) Notice of draft decision; comment period. The Secretary shall provide notice of the draft decision through the environmental notice bulletin and shall post the draft decision to the bulletin. The Secretary shall provide a public comment period.

(d) Public meeting. The Secretary shall hold a public meeting whenever any person files a written request for such a meeting. The Secretary otherwise may hold a public meeting at his or her discretion.

(e) Notice of final decision. The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the final decision to the bulletin. The Secretary shall provide a response to comments.
10 V.S.A. § 627 — VT Code / Title 10 / Chapter 25 / Section 627
§ 627. Mortgage purchases
Status: in_force

(a) In addition to other powers granted in this chapter, the Agency shall have the power to participate with mortgage lenders in a program whereby mortgage loans, rehabilitation loans, and eligible securities are purchased from mortgage lenders by the Agency or by others. Before participating in any such program, the Agency shall determine that its participation will tend to expand the supply of funds in the State available for mortgage loans for residential housing generally and particularly for occupancy by persons and families of low and moderate income. The Agency may enter into contracts or other instruments for the administration and implementation of such programs. The Agency shall adopt rules and regulations in respect of such program as provided in subsections (d) and (e) of section 623 of this title but such program shall not otherwise be subject to the requirements of sections 622 and 623. If the purchaser of such loans and securities pursuant to this section is the Agency or a trust established under subsection (c) of this section, such purchase may be financed through the issue of bonds, notes, or other obligations by the Agency under subsection (b) of this section or through the issue of eligible securities by the Agency or a trust under subsections (c), (d), and (e) of this section. Such purchase may be refinanced by any of such methods whether previously financed or refinanced under any of such methods or otherwise. If the purchaser of such loans and securities pursuant to this section is not the Agency or such a trust, or if a purchase by the Agency or trust is for purposes of resale to others and does not involve the issue of bonds, notes, or other obligations or eligible securities by the Agency or trust, the Agency and trust shall each have power:

(1) to cooperate with such other purchasers, with mortgage lenders, and with others;

(2) to provide and agree to provide services in pooling and servicing such loans and securities;

(3) to agree to bear risk of loss subject to such limitations as the Agency may prescribe; and

(4) to do anything necessary or appropriate to participate in programs of other government agencies, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, their successors, or other financial institutions or intermediaries involved in the residential mortgage market that are not inconsistent with the purposes of this chapter.

(b) Bonds, notes, and other obligations issued by the Agency pursuant to this section shall not be general obligations of the Agency, shall not be secured in whole or in part by a debt service reserve fund to which State funds may be appropriated pursuant to subsection 632a(f) of this title, shall not be subject to subdivision 631(b)(1) of this title, and shall not be taken into account for purposes of the limitation on indebtedness of the Agency contained in the last sentence of subdivision 631(a)(1). Such bonds, notes, and other obligations shall be payable solely from the receipts, revenues, or other income derived in respect of loans and securities purchased pursuant to this section or from the proceeds of such bonds, notes, and other obligations, or from receipts, revenues, or other income derived in respect of such proceeds or reserves established therefrom. Any official statement or other prospectus used by the Agency in offering such obligations for sale shall clearly indicate that such obligations are not the debt or obligation of the State or of the Agency except to the extent provided in this section.

(c) Eligible securities issued pursuant to this section may be issued by the Agency itself. The Agency, by indenture or otherwise, may also establish a trust as the issuer of eligible securities under this section. The Agency may but need not be trustee of such a trust. Such a trust shall be established in such manner and subject to such provisions as the Agency deems necessary or appropriate to carry out the purposes of this section. A trust so established shall be a public instrumentality of the State acting on behalf of the State to the same extent as the Agency itself.

(d)(1) In issuing eligible securities pursuant to this section, the Agency and any trust established by it shall have, in addition to its other powers under this chapter or general law, all the powers the Agency has in issuing bonds, notes, and other obligations pursuant to subsection (b) of this section, subject to the special provisions of subsection (b) of this section, including the following powers:

(A) to authorize such securities, to issue them as negotiable investment securities, to execute them through appropriate present or former officers, and to sell them at public or private sale;

(B) to make agreements and contracts with, and valid and effective pledges of property to, securities holders by resolution or otherwise;

(C) to issue taxable securities, cause them to be registered, and grant appropriate indemnification;

(D) to purchase and deal in such securities;

(E) to secure such securities by appropriate trust instruments and agree that its contracts with securities holders will not be impaired by the State; and

(F) to use and invest proceeds of securities and refunding securities.

(2) The Agency's exercise of the powers set forth in subdivision (1) of this subsection shall be in the manner more fully provided in this chapter for bonds, notes, and other obligations, or in a manner the Agency determines is reasonably comparable thereto taking into account the different characteristics of eligible securities, or of the issuer thereof, and other matters the Agency considers necessary or appropriate to effectively issue such securities.

(e) Without limiting the generality of subsection (d) of this section:

(1) eligible securities issued by the Agency or a public instrumentality pursuant to this section shall be legal investments to the same extent as bonds and notes issued under this chapter;

(2) the holders of such securities shall be entitled to the same remedies, so far as apt, as are provided to holders of bonds and notes under section 635 of this title; and

(3) if such securities evidence the issuer's interest in mortgages otherwise than by the issuer's promise to pay principal and interest in fixed amounts and at stated times, they shall not be subject to the provisions of this chapter governing amounts and times of payment of principal and interest on bonds, notes, and other obligations, and no finding under section 631(b)(2) of this title as to sufficiency of receipts, revenues, or other income to pay such securities shall be required with respect to them.
10 V.S.A. § 2675 — VT Code / Title 10 / Chapter 83 / Section 2675
§ 2675. Penalties
Status: in_force

A person who commits a violation under subsection 2645(a) or 2648(a) of this title shall be subject to a fine of not more than $75.00 per violation. In the case of a violation which continues after the issuance of a fire prevention complaint, each day's continuance may be deemed a separate violation.
10 V.S.A. § 734 — VT Code / Title 10 / Chapter 31 / Section 734
§ 734. Supervisors may petition Superior Court
Status: in_force

If a landowner does not sign such stipulation, the supervisors may petition the Superior Court to require such landowner to bring his or her land into conformity with the ordinance, and the court shall order such relief as it may deem necessary in the interest of public health, safety, and welfare. However, no landowner shall by ordinance or otherwise be required to pay any money or perform any act that shall not be for the protection of his or her own land nor shall he or she be required to pay any money, perform any act, or carry out any practice that shall not be in just proportion to the benefits that he or she will receive and further provided that he or she shall not be required to pay any money, perform any act, or carry out any practice that shall not be deemed to be necessary for the public good.
10 V.S.A. § 6622 — VT Code / Title 10 / Chapter 159 / Section 6622
§ 6622. Source separation incentives
Status: repealed

(a) Any municipality or solid waste management district that meets the requirements of subsection (d) of this section has met the requirements of subdivision 6604(a)(1)(B) of this title for those materials identified in the source separation requirements under subsection (d) of this section.

(b) A municipality or a solid waste management district that wishes to be eligible, on a priority basis, for implementation grants under subdivision 6603c(c)(2)(C)(ii) of this title shall include a source separation plan in its solid waste management plan. At a minimum, that source separation plan shall include the following components:

(1) a recycling awareness component which includes education and public outreach; and

(2) a strategy to require source separation, including enforcement provisions; and

(3) a list of those materials subject to any source separation program, including at least five of the following materials:

(A) cardboard, including corrugated and boxboard;

(B) glass containers;

(C) yard waste, food waste, and other compostables;

(D) newsprint;

(E) office paper, including white, colored, and mixed office paper;

(F) metal food and beverage containers including tin-plated steel bi-metal and aluminum cans; and

(G) plastic containers made from high density polyethylene (HDPE), polyethylene terephthalate (PET), and polyvinyl chloride (PVC).

(c) If necessary, the Secretary of Natural Resources, by rule, shall add or delete materials to the list set forth under subdivision (b)(3) of this section, after considering the following:

(1) adequacy of markets;

(2) availability of process facilities; and

(3) the costs of collecting, processing, and transporting the material to market.

(d) Municipalities or districts that have an ordinance in effect that includes enforcement provisions and requires source separation of at least five materials identified in this section shall be eligible to receive priority consideration for implementation grants according to the provisions of subsection 6603c(c) of this title.

(e) [Repealed.]

(f) The deadlines established under subsection (d) of this section may be modified by the Secretary, depending on the availability of funds in the capital budget.

(g) For purposes of this section, “source separation” means systems that separate compostable and recyclable materials from noncompostable, nonrecyclable materials at the point of generation. Recyclable materials may be commingled.

(h) For purposes of this section, “compostable” means that a product, package, or material will safely decompose, in a composting system, into a humus-rich material, containing no persistent synthetic residues, that can be safely used as a beneficial soil amendment.
10 V.S.A. § 8221 — VT Code / Title 10 / Chapter 211 / Section 8221
§ 8221. Civil enforcement
Status: in_force

(a) The Secretary, or the Land Use Review Board with respect to matters relating to land use permits under chapter 151 of this title only, may bring an action in the Civil Division of the Superior Court to enforce the provisions of law specified in subsection 8003(a) of this title, to ensure compliance, and to obtain penalties in the amounts described in subsection (b) of this section. The action shall be brought by the Attorney General in the name of the State.

(b) The court may grant temporary and permanent injunctive relief and may:

(1) Enjoin future activities.

(2) Order remedial actions to be taken to mitigate hazard to human health or the environment.

(3) Order the design, construction, installation, operation, or maintenance of facilities designed to mitigate or prevent a hazard to human health or the environment or designed to assure compliance.

(4) Fix and order compensation for any public or private property destroyed or damaged.

(5) Order reimbursement from any person who caused governmental expenditures for the investigation, abatement, mitigation, or removal of a hazard to human health or the environment.

(6) Levy a civil penalty as provided in this subdivision. A civil penalty of not more than $85,000.00 may be imposed for each violation. In addition, in the case of a continuing violation, a penalty of not more than $42,500.00 may be imposed for each day the violation continues. In fixing the amount of the penalty, the court shall apply the criteria set forth in subsections 8010(b) and (c) of this title. The cost of collection of penalties or other monetary awards shall be assessed against and added to a penalty assessed against a respondent.

(c)(1) In any civil action brought pursuant to this section in which a temporary restraining order or preliminary injunction is sought, relief shall be obtained upon a showing that there is the probability of success on the merits and that:

(A) a violation exists; or

(B) a violation is imminent and substantial harm is likely to result.

(2) In such an action, the Secretary or Board need not demonstrate immediate and irreparable injury, loss, or damage.

(d) Any balancing of the equities in actions under this section may affect the time by which compliance must be attained, but not the necessity of compliance within a reasonable period of time.
10 V.S.A. § 1457 — VT Code / Title 10 / Chapter 50 / Section 1457
§ 1457. Entrance upon lands to prevent the introduction and spread of new aquatic species
Status: in_force

(a) The aquatic nuisance control program shall take reasonable steps to prevent the introduction and spread of new aquatic species that may become invasive in the State. To accomplish this objective, the Secretary or his or her agent may, after first obtaining the permission of the landowner or lessee, enter upon lands for the following purposes:

(1) to survey for, inspect, or investigate conditions relating to new aquatic species that may become invasive;

(2) to collect information to issue coverage under rapid response general permits under section 1456 of this title;

(3) to conduct or use control techniques that are available under or authorized by a rapid response general permit issued under section 1456 of this title; and

(4) to determine whether the rules of the agency adopted or issued under this chapter are being complied with.

(b) If a land owner refuses to grant the Secretary or his or her agent permission to enter onto the owner's land under this section, the Secretary or the duly authorized representative of the Secretary may apply for and obtain a warrant or subpoena to allow such entry, surveying, collection, and control as is necessary to protect human health, safety, and the environment or prevent economic loss.
10 V.S.A. § 7589 — VT Code / Title 10 / Chapter 168 / Section 7589
§ 7589. Reimbursement; authorization
Status: in_force

(a) Reimbursement of primary battery producers and rechargeable battery producers.

(1) A producer or a battery stewardship organization operating under an approved battery stewardship plan that collects primary batteries and rechargeable batteries that are not listed under its approved plan shall be entitled to reimbursement from the following entities of reimbursable costs per unit of weight incurred in collecting the batteries: the producer of the collected primary battery or rechargeable battery or the battery stewardship organization representing the producer of the collected primary battery or rechargeable battery.

(2) Reimbursement may be requested by a collecting primary battery producer or rechargeable battery producer or battery stewardship organization only after that producer or battery stewardship organization has achieved the collection rate performance goal approved by the Secretary under section 7584 of this title.

(b) Reimbursable costs. Under this subchapter, reimbursement shall be allowed only for those costs incurred in collecting the batteries subject to the reimbursement request. Reimbursable costs include:

(1) costs of collection, transport, recycling, and other methods of disposition identified in a battery stewardship plan approved pursuant to section 7586 of this title; and

(2) reasonable educational, promotional, or administrative costs.
10 V.S.A. § 4554 — VT Code / Title 10 / Chapter 109 / Section 4554
§ 4554. Procedure on failure to appear; notice
Status: in_force

If a defendant fails to appear or answer an information or summons served upon him or her, the court shall immediately report the name of the defendant and other pertinent facts to the Commissioner. The Commissioner shall mail a notice to the defendant at the address stated in the information notifying the defendant that his or her failure to appear has resulted in the suspension or revocation of his or her hunting, fishing, and trapping license and his or her privilege to take wild animals in this State. Nothing in this subchapter shall prevent the court from issuing an arrest warrant or punishing the defendant for contempt.
10 V.S.A. § 852 — VT Code / Title 10 / Chapter 35 / Section 852
§ 852. Dispute between landowners; notice to selectboard; investigation
Status: in_force

When there is a dispute between parties as to the opening of a ditch or watercourse or the width, depth, or extent that a person shall open, either party may notify in writing the selectboard of the town in which the lands are located of the dispute and ask for an investigation.
10APPENDIX V.S.A. § 5 — VT Code / Title 10APPENDIX / Chapter 1 / Section 5
App. § 5. Bow and arrow standards
Status: in_force

No person shall hunt deer with bow and arrow if the arrow has an arrowhead that measures less than seven-eighths of an inch at its widest point or that has less than two sharp cutting edges.
10 V.S.A. § 280w — VT Code / Title 10 / Chapter 12 / Section 280w
§ 280w. Records of receipts, expenditures, and disbursements
Status: in_force

The Authority, in cooperation with the Agency, shall at all times keep full and accurate accounts of all receipts, expenditures, and disbursements from the Program and all assets and liabilities of the Program incurred pursuant to this subchapter that shall be open to inspection by any officer or duly appointed agent of the State.
10 V.S.A. § 696 — VT Code / Title 10 / Chapter 29 / Section 696
§ 696. Reporting and expiration
Status: in_force

(a) Designation as job development zone under this subchapter will apply until December 31, 1992.

(b) Prior to January 15 of each year, the Secretary of Commerce and Community Development shall submit a report on job development zone activities for the preceding year to the Governor and General Assembly. Prior to January 15, 1992, the Secretary of Commerce and Community Development shall submit a comprehensive evaluation of the performance of the job development zone program to the Governor and General Assembly.
10 V.S.A. § 4784 — VT Code / Title 10 / Chapter 113 / Section 4784
§ 4784. Transportation of big game
Status: in_force

A person shall not transport big game taken by unlawful means or methods or taken in a closed season in violation of any provision of part 4 of this title or rules of the Board.
10 V.S.A. § 6042 — VT Code / Title 10 / Chapter 151 / Section 6042
§ 6042. Capability and Development Plan
Status: in_force

The Board shall adopt a Capability and Development Plan consistent with the Interim Land Capability Plan that shall be made with the general purpose of guiding and accomplishing a coordinated, efficient, and economic development of the State, which will, in accordance with present and future needs and resources, best promote the health, safety, order, convenience, prosperity, and welfare of the inhabitants, as well as efficiency and economy in the process of development, including such distribution of population and of the uses of the land for urbanization, trade, industry, habitation, recreation, agriculture, forestry, and other uses as will tend to create conditions favorable to transportation, health, safety, civic activities, and educational and cultural opportunities, reduce the wastes of financial and human resources that result from either excessive congestion or excessive scattering of population and tend toward an efficient and economic utilization of drainage, sanitary, and other facilities and resources and the conservation and production of the supply of food, water, and minerals. In addition, the plan may accomplish the purposes set forth in 24 V.S.A. § 4302.
10 V.S.A. § 7160 — VT Code / Title 10 / Chapter 164A / Section 7160
§ 7160. Other disposal programs
Status: in_force

A municipality or other public agency may not require covered entities to use public facilities to dispose of mercury-containing lamps to the exclusion of other lawful programs available. A municipality and other public agencies are encouraged to work with manufacturers to assist them in meeting their collection and disposal obligations under this chapter. Nothing in this chapter prohibits or restricts the operation of any program collecting and disposing of mercury-containing lamps in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or disposing of mercury-containing lamps, provided that all other applicable laws are met.
10 V.S.A. § 1110 — VT Code / Title 10 / Chapter 43 / Section 1110
§ 1110. Rulemaking
Status: in_force

The Commissioner of Environmental Conservation shall adopt rules to implement the requirements of this chapter for dams under the jurisdiction of the Department. The rules shall include:

(1) a standard or regulatory threshold under which a dam is exempt from the registration or inspection requirements of this chapter;

(2) standards for:

(A) the siting, design, construction, reconstruction, enlargement, modification, or alteration of a dam;

(B) operation and maintenance of a dam;

(C) inspection, monitoring, record keeping, and reporting;

(D) repair, breach, or removal of a dam;

(E) application for authorization under section 1082 of this title; and

(F) the development of an emergency action plan for a dam, including guidance on how to develop an emergency action plan, the content of a plan, and when and how an emergency action plan should be updated;

(3) criteria for the hazard potential classification of dams in the State;

(4) a process by which a person owning legal title to a dam or a person owning the land on which the dam is located shall register a dam and record the existence of the dam in the lands records;

(5) requirements for the person owning legal title to a dam or the person 2024 owning the land on which the dam is located to conduct inspections of the dam; and

(6) requirements for access to financing and subsidy from the Dam Safety Revolving Loan Fund, including the requirement that an alternatives analysis be performed by an engineering consultant hired by either the dam owner or the Department.
10 V.S.A. § 2515 — VT Code / Title 10 / Chapter 81 / Section 2515
§ 2515. Intercompact liability-Article XV
Status: in_force

The provisions of Article IX of this compact that relate to mutual aid in combating, controlling, or preventing forest fires shall be operative as between any state party to this compact and any other state that is party to a regional forest fire protection compact in another region provided that the legislature of such other state shall have given its assent to the mutual aid provisions of this compact.
10 V.S.A. § 1455 — VT Code / Title 10 / Chapter 50 / Section 1455
§ 1455. Aquatic nuisance control permit
Status: repealed

(a) A person shall not use pesticides, chemicals other than pesticides, biological controls, bottom barriers, structural barriers, structural controls, or powered mechanical devices in waters of the State to control nuisance aquatic plants, insects, or other aquatic nuisances, including lamprey, unless that person has been issued a permit by the Secretary.

(b) Notwithstanding other requirements set forth in chapter 47 of this title to the contrary, the Secretary may issue permits under this section.

(c) Persons desiring a permit under this section shall make application to the Secretary on a form prescribed by the Secretary.

(d) The Secretary shall issue a permit for the use of pesticides in waters of the State for the control of nuisance aquatic plants, insects, or other aquatic life, including lamprey, when the applicant demonstrates and the Secretary finds:

(1) there is no reasonable nonchemical alternative available;

(2) there is acceptable risk to the nontarget environment;

(3) there is negligible risk to public health;

(4) a long-range management plan has been developed which incorporates a schedule of pesticide minimization; and

(5) there is a public benefit to be achieved from the application of a pesticide or, in the case of a pond located entirely on a landowner's property, no undue adverse effect upon the public good.

(e) A landowner applying to use a pesticide on a pond located entirely on the landowner's property is exempt from the requirement of subdivision (d)(4) of this section.

(f) The Secretary shall issue a permit for the control of aquatic nuisances by biological controls, bottom barriers, structural barriers, structural controls, powered mechanical devices, or chemicals other than pesticides when the Secretary finds:

(1) there is acceptable risk to the nontarget environment;

(2) there is negligible risk to public health; and

(3) there is either benefit to or no undue adverse effect upon the public good.

(g) The use of bottom barriers, structural barriers, structural controls, powered mechanical devices, and copper compounds as an algaecide in waters with a surface area of one acre or less located entirely on a person's property and with an outlet where the flow can be controlled for at least three days is exempt from the permit requirements of this section.

(h) When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(i) An aquatic nuisance control permit issued under this section shall:

(1) specify in writing the Secretary's findings under subsection (d) or (f) of this section;

(2) specify the location, manner, nature, and frequency of the permitted activity;

(3) contain additional conditions, requirements, and restrictions as the Secretary deems necessary to preserve and protect the quality of the receiving waters, to protect the public health, and to minimize the impact on the nontarget environment. Such conditions may include requirements concerning recording, reporting, and monitoring;

(4) be valid for the period of time specified in the permit, not to exceed five years for chemical control, and not to exceed ten years for nonchemical control.

(j) An aquatic nuisance control permit issued under this chapter may be renewed from time to time upon application to the Secretary. The process of permit renewal will be consistent with the requirements of this section.

(k) An applicant for a permit under this section shall pay an application fee as required by 3 V.S.A. § 2822. The Agency of Natural Resources shall be exempt from this fee requirement.

(l) No permit shall be required under this section for mosquito control activities that are regulated by the Agency of Agriculture, Food and Markets, provided that:

(1) Prior to authorizing the use of larvicides or pupacides in waters of the State, the Secretary of Agriculture, Food and Markets shall designate acceptable control products and methods for their use and issue permits pursuant to 6 V.S.A. § 1083(a)(5); and

(2) [Repealed.]

(m) The Secretary may issue general permits for the use of nonchemical aquatic nuisance control activities provided that the Secretary makes the findings required in subsection (f) of this section. A general permit issued under this subsection is not required to specify the exact location or the frequency of the permitted activity.
10 V.S.A. § 4747 — VT Code / Title 10 / Chapter 113 / Section 4747
§ 4747. Big game taken by illegal means
Status: in_force

A person shall not take or possess big game by the aid of a snare, trap, salt lick, jack, or other light or use these devices to entrap or ensnare big game. A person shall not use a dog of any breed or sex at any time for the purpose of hunting any big game except black bear and wild turkey as provided in fish and wildlife rules, nor shall he or she harbor or have in his or her possession a dog for this purpose. A person other than the owner or a person designated by the owner shall not take a confined fallow deer or a confined red deer.
10 V.S.A. § 1525 — VT Code / Title 10 / Chapter 53 / Section 1525
§ 1525. Prohibitions
Status: in_force

(a)(1) No beverage shall be sold or offered for sale at retail in this State:

(A) in a metal container designed and constructed so that part of the container other than a piece of pressure sensitive tape is detachable in opening the container; or

(B) in containers connected to each other with plastic rings or similar devices that are not classified as biodegradable by the Secretary.

(2) For the purposes of this subsection only, the word “beverage” includes all drinks sold in liquid form intended for human consumption, whether or not specifically listed in section 1521 of this chapter.

(b) The Secretary of Natural Resources may exempt specific products from subdivision (a)(1) of this section for so long as existing technology does not permit compliance for those products.

(c) No distributor shall sell or offer for sale in this State a brand of beverage in a beverage container labeled as provided in subsection 1524(a) of this title if that distributor sells that beverage container containing that brand in a state that does not have a deposit-redemption system similar to the one established by this chapter and that is adjacent to this State. A distributor that violates this subsection is prohibited from selling or offering those beverages for sale in this State until the violation is corrected.

(d) No person shall knowingly attempt to redeem a container to a retailer or a redemption center for deposit return if that container was purchased outside this State.
10 V.S.A. § 1259 — VT Code / Title 10 / Chapter 47 / Section 1259
§ 1259. Prohibitions
Status: in_force

(a) No person shall discharge any waste, substance, or material into waters of the State, nor shall any person discharge any waste, substance, or material into an injection well or discharge into a publicly owned treatment works any waste that interferes with, passes through without treatment, or is otherwise incompatible with those works or would have a substantial adverse effect on those works or on water quality, without first obtaining a permit for that discharge from the Secretary. This subsection shall not prohibit the proper application of fertilizer to fields and crops, nor reduce or affect the authority or policy declared in Joint House Resolution 7 of the 1971 Session of the General Assembly.

(b) Any records or information obtained under this permit program that constitutes trade secrets under 1 V.S.A. § 317(c)(9) shall be kept confidential, except that such records or information may be disclosed to authorized representatives of the State and the United States when relevant to any proceedings under this chapter.

(c) No person shall cause a direct discharge into Class A waters of any wastes that, prior to treatment, contained organisms pathogenic to human beings. Except within a waste management zone, no person shall cause a direct discharge into Class B waters of any wastes that prior to treatment contained organisms pathogenic to human beings.

(d) No person shall cause a discharge of wastes into Class A waters, except for on-site disposal of sewage from systems with a capacity of 1,000 gallons per day (gpd), or less, that are either exempt from or comply with the environmental protection rules, or existing systems, which shall require a permit according to the provisions of subsection 1263(f) of this title.

(e) Except for on-site disposal of sewage from systems of less than 6,500 gpd capacity that are either exempt from or comply with the environmental protection rules, no person shall cause any new or increased indirect discharge of wastes into Class B waters without a permit under section 1263 of this title. The Secretary shall not issue a permit for on-site disposal of sewage that discharges into Class B waters, unless the applicant demonstrates by clear and convincing evidence, and the Secretary finds, that the discharge:

(1) will not significantly alter the aquatic biota in the receiving waters;

(2) will not pose more than a negligible risk to public health;

(3) will be consistent with existing and potential beneficial uses of the waters; and

(4) will not cause a violation of water quality standards.

(f) Provided that the introduction of wastes are from sources that do not discharge pollutants from a point source into waters of the State, and comply with the federal Clean Water Act and federal CAFO regulation, the following activities shall not require a VPDES permit under section 1263 of this title:

(1) required agricultural practices, as adopted by rule by the Secretary of Agriculture, Food and Markets; or

(2) accepted silvicultural practices, as defined by the Commissioner of Forests, Parks and Recreation, including practices that are in compliance with the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the Commissioner of Forests, Parks and Recreation.

(g) Nothing in this chapter shall prohibit the Secretary from approving nondischarging sewage treatment systems that the Secretary finds are safe, reliable, and effective.

(h) The Secretary shall adopt rules to ensure that the installation of two or more systems discharging sewage will not result in the circumvention of the purposes of this chapter or the requirements of this section.

(i) The Secretary shall regulate AFOs in accordance with federal requirements, and the VPDES CAFO Rules, and the Secretary of Agriculture, Food and Markets shall implement the State nonpoint source pollution control program planning, implementation, and regulation. This concurrent authority ensures comprehensive water quality protection and implements equivalent State nonpoint source pollution controls on farms not covered by the Clean Water Act. The Agencies shall cooperate and share information to enable effective and consistent regulation and enforcement. Not later than September 1, 2025, the Agency of Natural Resources, in consultation with the U.S. Environmental Protection Agency and the Agency of Agriculture, Food and Markets, shall issue a document that sets forth the respective roles and responsibilities of the Agency of Natural Resources in implementing the Clean Water Act on farms and responsibilities of the Agency of Agriculture, Food and Markets in implementing the State's complementary nonpoint source program on farms. The document shall replace the existing memorandum of understanding between the agencies. The Secretary shall post the draft document and information regarding the document on the Agency's website, shall issue public notice by press release and social media, shall submit the draft documents to the Senate Committees on Agriculture and on Natural Resources and Energy and the House Committees on Agriculture, Food Resiliency, and Forestry and on Environment, and shall allow for public comment. The proposed document shall be available for 30 days after the final date of publication for public review and comment. The Secretary of Natural Resources, in consultation with the Secretary of Agriculture, Food and Markets, shall review the document every five years to ensure compliance with the requirements of the Clean Water Act. If the document is substantially revised, it first shall be noticed in the same manner that applies to the initial memorandum. Actions by the Secretary of Agriculture, Food and Markets under this section shall be consistent with the water quality standards and water pollution control requirements of this chapter and the federal Clean Water Act as amended.

(j) No person shall discharge waste from hydraulic fracturing, as that term is defined in 29 V.S.A. § 503, into or from a pollution abatement facility, as that term is defined in section 1278 of this title.
10 V.S.A. § 1410 — VT Code / Title 10 / Chapter 48 / Section 1410
§ 1410. Groundwater; right of action
Status: in_force

(a) Findings and policy. The General Assembly hereby finds and declares that:

(1) surface and subsurface water are inherently interrelated in both quality and quantity;

(2) groundwater hydrology is a science that allows groundwater quality and quantity to be mapped and forecast;

(3) groundwater is a mobile resource that is necessarily shared among all users;

(4) all persons have a right to the beneficial use and enjoyment of groundwater free from unreasonable interference by other persons; and

(5) it is the policy of the State that the common-law doctrine of absolute ownership of groundwater is hereby abolished.

(b) Definitions. As used in this section:

(1) “Groundwater” means water below the land surface.

(2) “Surface water” means any water on the land surface.

(3) “Person” means any individual, partnership, company, corporation, association, unincorporated association, joint venture, trust, municipality, the State of Vermont, or any agency, department, or subdivision of the State, federal agency, or any other legal or commercial entity.

(c) Cause of action. Any person may maintain under this section an action for equitable relief or an action in tort to recover damages, or both, for the unreasonable harm caused by another person withdrawing, diverting, or altering the character or quality of groundwater.

(d) Scope of liability. Notwithstanding the provisions of subsection (c) of this section, a person who alters groundwater quality or character as a result of agricultural or silvicultural activities, or other activities regulated by the Secretary of Agriculture, Food and Markets, shall be liable only if that alteration was either negligent, reckless, or intentional.

(e) Factors in determining reasonableness. Factors to be considered in determining the unreasonableness of any harm referred to in subsection (c), above, shall include, but need not be limited to, the following:

(1) the purpose of the respective uses or activities affected;

(2) the economic, social, and environmental value of the respective uses, including protection of public health;

(3) the nature and extent of the harm caused, if any;

(4) the practicality of avoiding the harm, if any;

(5) the practicality of adjusting the quantity or quality of water used or affected and the method of use by each party;

(6) the maintenance or improvement of groundwater and surface water quality;

(7) the protection of existing values of land, investments, enterprises, and productive uses;

(8) the burden and fairness of requiring a person who causes harm to bear the loss; and

(9) the burden and fairness of requiring a person to bear the loss, who causes harm in the conduct of reasonable agricultural activities, utilizing good agricultural practices conducted in conformity with federal, State, and local laws and regulations.

(f) Effect on other remedies. Nothing in this section shall be construed to preclude or supplant any other statutory or common-law remedies.

(g) Presumption of compliance. For the purposes of this section, a person who obtains and complies with a withdrawal permit issued pursuant to the requirements of section 1418 of this title shall be presumed to be engaged in a reasonable use of groundwater and not to cause unreasonable harm under subsection (b) of this section.
10 V.S.A. § 7715 — VT Code / Title 10 / Chapter 170 / Section 7715
§ 7715. Type 4 Procedures
Status: in_force

(a) Purpose; scope.

(1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when considering applications for notice of intent under a general permit and other permits listed in this section.

(2) The procedures under this section shall be known as Type 4 Procedures. This section applies to each of the following:

(A) a notice of intent under a general permit issued pursuant to the Secretary's authority under this title;

(B) an application for each of the following permits:

(i) construction or operation of an air contaminant source or class of sources not identified in the State's implementation plan approved under the Clean Air Act;

(ii) construction or expansion of a public water supply under chapter 56 of this title, except that a change in treatment for a public water supply shall proceed in accordance with section 7714 of this chapter;

(iii) a category 1 underground storage tank under chapter 59 of this title;

(iv) a categorical solid waste certification under chapter 159 of this title;

(v) a medium scale composting certification under chapter 159 of this title; and

(C) a wetland determination under section 914 of this title.

(b) Notice of application. The Secretary shall provide notice of an administratively complete application through the environmental notice bulletin.

(c) Notice of draft decision; comment period. The Secretary shall provide notice of the draft decision through the environmental notice bulletin and shall post the draft decision to the bulletin. The Secretary shall provide a public comment period of at least 14 days on the draft decision.

(d) Notice of final decision. The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the decision to the bulletin. The Secretary shall provide a response to comments.
10 V.S.A. § 280gg — VT Code / Title 10 / Chapter 12 / Section 280gg
§ 280gg. Disaster Recovery Loan Fund
Status: in_force

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

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

(b) The Authority shall establish:

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

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

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

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

(e) In determining whether to issue financial assistance from the Vermont Disaster Recovery Loan Fund established by this subchapter 15, the Authority shall consider whether a business has received disaster recovery financial assistance from the State for the same disaster event.
10 V.S.A. § 2353a — VT Code / Title 10 / Chapter 77 / Section 2353a
§ 2353a. Permitted uses
Status: in_force

In addition to the uses stipulated in the three districts enumerated in section 2353 of this title, the Department of Forests, Parks and Recreation may establish other permitted uses in conjunction with the development and adoption of a comprehensive management plan for the Camel's Hump State Park. Due consideration shall be given to the relationship and compatibility of such permitted uses with the purposes established for each of the three districts.
10 V.S.A. § 4702 — VT Code / Title 10 / Chapter 113 / Section 4702
§ 4702. Use of light
Status: in_force

A person shall not intentionally throw or cast the rays of a spotlight, jack, or other artificial light on any highway, or any field, woodland, or forest, in order to spot, locate, take, or attempt to take, spot, or locate any wild animal. However, a light may be used to take skunks and raccoons in accordance with rules of the Board.
10 V.S.A. § 2610 — VT Code / Title 10 / Chapter 83 / Section 2610
§ 2610. Relocation assistance; when required
Status: in_force

(a) When the Department undertakes any project that results in the acquisition of real property subject to the provisions of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Pub. L. No. 91-646, 84 Stat. 1894 (1971), as amended, and as a result of that acquisition a person is displaced from his or her home, business, or farm, the Department shall provide relocation assistance and make relocation payments to the displaced person in compliance with the Federal Uniform Relocation Act.

(b) Payments made under this section shall not be deemed compensation for real property acquired or compensation for damages to remaining property.

(c) The Department may adopt rules necessary to administer the provisions of this section. Such rules shall be consistent with the Federal Uniform Relocation Act and applicable federal regulations.
10 V.S.A. § 6605k — VT Code / Title 10 / Chapter 159 / Section 6605k
§ 6605k. Food residuals; management hierarchy
Status: in_force

(a) It is the policy of the State that food residuals collected under the requirements of this chapter shall be managed according to the following order of priority uses:

(1) reduction of the amount generated at the source;

(2) diversion for food consumption by humans;

(3) diversion for agricultural use, including consumption by animals;

(4) composting, land application, and digestion; and

(5) energy recovery.

(b) A person who produces more than an amount identified under subsection (c) of this section in food residuals shall:

(1) separate food residuals from other solid waste, provided that a de minimis amount of food residuals may be disposed of in solid waste when a person has established a program to separate food residuals and the program includes a component for the education of program users regarding the need to separate food residuals; and

(2) arrange for the transfer of food residuals to a location that manages food residuals in a manner consistent with the priority uses established under subdivisions (a)(2)-(5) of this section or shall manage food residuals on site.

(c) The following persons shall be subject to the requirements of subsection (b) of this section:

(1) beginning July 1, 2014, a person whose acts or processes produce more than 104 tons per year of food residuals;

(2) beginning July 1, 2015, a person whose acts or processes produce more than 52 tons per year of food residuals;

(3) beginning July 1, 2016, a person whose acts or processes produce more than 26 tons per year of food residuals;

(4) beginning July 1, 2017, a person whose acts or processes produce more than 18 tons per year of food residuals; and

(5) beginning July 1, 2020, any person who generates any amount of food residuals.
10 V.S.A. § 2605 — VT Code / Title 10 / Chapter 83 / Section 2605
§ 2605. Governor's Council on Physical Fitness and Sports
Status: in_force

(a) The Governor's Council on Physical Fitness and Sports is created within the Department of Forests, Parks and Recreation, to be composed of 20 members with appropriate interests and representing the various geographical areas of the State. The members shall be appointed by the Governor for staggered terms of two years expiring on March 31 in the appropriate year. The Governor may reappoint any person who has served or is serving as a member of the Council. The Governor shall appoint a member of the Council to serve as chair, and the Council shall elect other officers as needed. The Council shall meet annually and at the call of the Chair.

(b) In order to promote physical fitness, the Council shall have the responsibility to:

(1) develop, foster, and coordinate services and programs of physical fitness for the people of Vermont;

(2) sponsor physical fitness and sports workshops, clinics, conferences, and other similar activities;

(3) give recognition to outstanding developments and achievements in, and contributions to, physical fitness and sports;

(4) stimulate physical fitness research;

(5) collect and disseminate physical fitness and sports information and initiate advertising campaigns promoting physical fitness and sports;

(6) upon request assist schools to develop health and physical fitness programs for students;

(7) encourage local governments and communities to develop local physical fitness programs;

(8) encourage the private sector to develop programs for promotion of personal health and physical fitness;

(9) enlist the support of individuals, civic groups, amateur professional sports associations, and other organizations to promote and improve physical fitness and sports programs;

(10) promote the development of a program of statewide amateur athletic competition to be known as the Green Mountain State Games. The Games shall be designed to encourage the participation of athletes representing a broad range of age groups, skill levels, and Vermont communities in a variety of activities. Participants shall be residents of this State. Regional competitions shall be held throughout the State, and the top qualifiers in each sport shall proceed to the final competitions to be held at a site in the State with the necessary facilities and equipment for conducting the competitions. The frequency of the Games shall be determined by the Council.

(c) The Council may accept grants, gifts, and bequests and enter into contracts to carry out the purposes of this section.
10 V.S.A. § 7186 — VT Code / Title 10 / Chapter 164B / Section 7186
§ 7186. Antitrust; conduct authorized
Status: in_force

(a) Activity authorized. A manufacturer, group of manufacturers, or stewardship organization implementing or participating in an approved collection plan under this chapter for the collection, transport, processing, and end-of-life management of covered household hazardous products is individually or jointly immune from liability for conduct under State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce under 9 V.S.A. chapter 63, subchapter 1 to the extent that the conduct is reasonably necessary to plan, implement, and comply with the stewardship organization's chosen system for managing discarded covered household hazardous products.

(b) Limitations on antitrust activity. Subsection (a) of this section shall not apply to an agreement among producers, groups of manufacturers, retailers, wholesalers, or stewardship organizations affecting the price of covered household hazardous products or any agreement restricting the geographic area in which or customers to whom covered household hazardous products shall be sold.
10 V.S.A. § 695 — VT Code / Title 10 / Chapter 29 / Section 695
§ 695. Authority to make rules
Status: in_force

The Secretary is hereby granted the authority to issue rules in accordance with 3 V.S.A. chapter 25 for the purpose of administering the provisions of this subchapter.
10 V.S.A. § 4401 — VT Code / Title 10 / Chapter 107 / Section 4401
§ 4401. Suspension of open season by proclamation of Governor; exception
Status: repealed

(a) During an open season for the taking of game or fish, when it appears to the Governor that by reason of drought hunting, fishing, and trapping are likely to cause forest fires, he or she may by proclamation suspend hunting, fishing, and trapping and make it a closed season for such time as he or she may designate. In such proclamation, he or she may except from the provisions thereof localities not affected by drought and certain game birds, animals, and fish.

(b) When it appears to the Governor that the necessity therefor has ceased to exist, he or she shall remove by proclamation the suspension; except that in case such period of suspension includes the open season for taking deer, such open season shall not be reopened, but the Governor by proclamation shall fix some period of equal number of days in the same year as the open season for the taking of deer.

(c), (d) [Repealed.]
10 V.S.A. § 6302 — VT Code / Title 10 / Chapter 155 / Section 6302
§ 6302. Power to acquire
Status: in_force

(a) In order to carry out the purposes set forth in section 6301 of this title, any owner of real property located within this State or of any right or interest in real property located within this State may sell, donate, devise, exchange, or transfer that real property or any right or interest in real property located within this State to a municipality of this State, a State agency, or a qualified organization. A municipality of this State by the action of its legislative body or a State agency may acquire such real property or any right and interest in real property located within this State by purchase with any authorized funds, or by donation, devise, exchange, or transfer, all as herein provided.

(b) For the purposes of this chapter, “real property” includes (without limitation) areas covered by water, areas beneath the surface of the ground, air space, and any buildings, other structures, and other improvements, and “real estate” as the same is defined in 1 V.S.A. § 132.

(c) The General Assembly hereby declares that the acquisition of real property or any right and interest in real property located within this State, for the purposes expressed in section 6301 of this title, constitutes a public use and a public purpose for which public funds may be expended or advanced.

(d) Prior to the acquisition of any right or interest in real property by a State agency, the State agency shall submit a report thereon to the legislative body of the municipality concerned, setting forth the location of the real property, the characteristics of the right or interest to be acquired, and the consideration to be given therefor.
10 V.S.A. § 930 — VT Code / Title 10 / Chapter 37 / Section 930
§ 930. Rulemaking
Status: in_force

The Secretary may adopt rules to implement the requirements of this subchapter.
10 V.S.A. § 555 — VT Code / Title 10 / Chapter 23 / Section 555
§ 555. Classification, reporting and registration
Status: in_force

(a) The Secretary, by rule, may classify air contaminant sources, which in his or her judgment may cause or contribute to air pollution, according to levels and types of emissions and other characteristics that relate to air pollution, and may require reporting by any class. Classifications made pursuant to this subsection may apply to the State as a whole or to any designated area of the State, and shall be made with special reference to effects on health, economic, and social factors, and physical effects on property.

(b) Any person operating or responsible for the operation of air contaminant sources of any class for which the rules of the Secretary require reporting shall make reports containing information as required by the Secretary concerning location, size, and height of contaminant outlets, processes employed, fuels used and the nature and time periods of duration of emissions, and such other information relevant to air pollution and available or reasonably capable of being assembled.

(c)(1) Any person operating or responsible for the operation of an air contaminant source shall register the source with the Secretary and renew the registration annually if the source emits:

(A) more than or equal to five tons of contaminants per year; or

(B) less than five tons of contaminants per year and is a source specified in rule by the Secretary.

(2) Each day of operating an air contaminant source without a valid, current registration shall constitute a separate violation and subject the operator to a civil penalty not to exceed $100.00 per violation. The Secretary shall, after notice and opportunity for public hearing, adopt rules to carry out this section.
10 V.S.A. § 4147 — VT Code / Title 10 / Chapter 103 / Section 4147
§ 4147. Fish and wildlife lands
Status: in_force

(a) Notwithstanding the provisions of 29 V.S.A. § 166, the Secretary with the approval of the Governor may convey, exchange, sell, or lease lands of the Department of Fish and Wildlife for one or more of the following purposes:

(1) resolving trespass issues and implementing boundary line adjustments and right-of-way and deed corrections, provided that the transfers are advantageous to the State;

(2) implementing the acquisition of new lands for conservation and public recreation when, in his or her judgment, it is advantageous to the State.

(b) The lease, sale, or exchange of lands under this section shall not include oil and gas leases and shall not be contrary to the terms of any contract that has been entered into by the State.
10 V.S.A. § 6608b — VT Code / Title 10 / Chapter 159 / Section 6608b
§ 6608b. Radioactive wastes mixed with hazardous wastes
Status: in_force

(a) The Commissioner of Health shall be responsible for and have the authority to implement and enforce those statutes enacted by the General Assembly, including sections 6610a and 6612 of this title, and those rules concerning the generation, transportation, treatment, storage, and disposal of radioactive wastes mixed with hazardous wastes that are adopted by the Secretary in order to operate a hazardous waste management program that is equivalent to the federal program under Subtitle C of the Resource Conservation and Recovery Act of 1976 as subsequently amended and codified in 42 U.S.C. chapter 82, subchapter 3. Procedures and funding for the interdepartmental implementation of a mixed radioactive waste management program shall be established between the Secretary and the Commissioner of Health.

(b) The Secretary shall not adopt rules concerning the management of radioactive wastes mixed with hazardous wastes that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976 without the concurrence of the Commissioner of Health.

(c) Nothing in this section is intended to interfere with the authority of the Commissioner of Health relating to general powers under 18 V.S.A. chapter 3, relating to appointing health officers for unorganized towns or gores under 18 V.S.A. chapter 11, and relating to radiation control under 18 V.S.A. chapter 32, nor shall prohibit the Secretary of Human Services from adopting rules concerning the management of radioactive wastes mixed with hazardous wastes that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976. Nothing in this section is intended to interfere with the Agency of Transportation's authority under section 6607 of this chapter.

(d) This section does not modify or otherwise affect the requirements of chapter 157 of this title, relating to storage of radioactive material.
10 V.S.A. § 1944 — VT Code / Title 10 / Chapter 59 / Section 1944
§ 1944. Underground Storage Tank Loan Assistance Program
Status: in_force

(a) The Secretary may make individual loans of up to $150,000.00 for:

(1) the replacement or removal of category one tanks used for the storage of petroleum products. These loans shall be made from the Motor Fuel Account;

(2) the removal, or the replacement or improvement, or both, of piping, tank-top sumps, and other components of the secondary containment and release detection systems of category one tanks, for the purpose of reducing the likelihood of a release of regulated substance to the environment. These loans shall be made from the Motor Fuel Account;

(3) the removal, replacement, or upgrade of an underground or aboveground storage tank used for the storage of petroleum products for the purpose of reducing the likelihood of a release of petroleum into the environment. These loans shall be made from the Motor Fuel Account or Heating Fuel Account depending upon the use or contents of the tank.

(b) Loans shall be made to the person who owns the existing motor fuel tanks or will own the new motor fuel tanks. Loans will be in accordance with terms and conditions established by the Secretary that shall include requirements that:

(1) loans be made only for the costs associated with the replacement or removal of an underground motor fuel storage tank or improvement of piping and ancillary equipment used for the storage of petroleum products and associated facilities with a tank and facilities conforming to the requirements of this chapter;

(2) loans be secured by means satisfactory to the Secretary;

(3) proposed projects comply with all planning, zoning, laws, and regulation of the municipality where they are located and of the State of Vermont;

(4) loans have a satisfactory maturity date, in no case later than ten years from the date of the loan. The Secretary may, upon a showing of financial hardship by the person who took out the loan, extend the maturity date for not more than an additional five years.

(c) The loans will be at a zero interest rate, except that a person who owns five or more facilities shall have an interest rate of two percent. As used in this subsection, “facility” shall mean the property upon which a category one tank is located.

(d) The Secretary shall deposit repayments to the Petroleum Cleanup Fund.

(e) The Secretary may contract with other State agencies or authorities or with a commercial lending institution to carry out all or any portion of this loan program.

(f) At no time shall the amount of outstanding loans exceed the total of the amount of funds deposited to the Petroleum Cleanup Fund from the licensing fee established by section 1942 of this title.

(g) The Secretary may refinance existing loans for motor fuel tanks used for the storage of petroleum products incurred after July 1, 1987 under the same terms, conditions, and limitations that apply to initial loans.
10 V.S.A. § 855 — VT Code / Title 10 / Chapter 35 / Section 855
§ 855. Land damages
Status: in_force

When an owner of land through which a drain is to be constructed claims damages therefor, the selectboard shall hear the parties interested therein, and may award reasonable damages to be paid by the parties benefited in such proportions as the selectboard deem just. In estimating such damages, the benefit that the person may receive thereby shall be taken into consideration.
10 V.S.A. § 251 — VT Code / Title 10 / Chapter 12 / Section 251
§ 251. Taxation of eligible facilities
Status: in_force

All real and personal property comprising an eligible facility financed under this subchapter shall be set in the grand list and taxed to the tenant of the facility as if the tenant were the owner of the property in fee.
10 V.S.A. § 579 — VT Code / Title 10 / Chapter 23 / Section 579
§ 579. Vehicle emissions labeling program for new motor vehicles
Status: in_force

(a) The Secretary of Natural Resources, in consultation with the Commissioner of Motor Vehicles, shall establish, by rule, a vehicle emissions labeling program for new motor vehicles sold or leased in the State with a model year of 2010 or later. The rules adopted under this section shall require automobile manufacturers to install the labels.

(b) Vehicle emissions labels under this program shall include the vehicle's emissions score. The label required by subsection (a) of this section and the vehicle score included in the label shall be consistent with the labels and information required by other states, including the California motor vehicle greenhouse gas and smog index label and any revisions thereto. A label that complies with the requirements of the California vehicle labeling program shall be deemed to meet the requirements of this section and the rules adopted thereunder for the content of labels.

(c) The vehicle emissions label shall be affixed to the vehicle in a clearly visible location, as set forth by the Secretary of Natural Resources in rule.

(d) On or after the effective date of the rules adopted under subsection (a) of this section, no new motor vehicle shall be sold or leased in the State unless a vehicle emissions label that meets the requirements of this section and the rules adopted thereunder is affixed to the vehicle except in the case of a trade of a new motor vehicle by a Vermont dealer, as that term is defined in 23 V.S.A. § 4(8), with a dealer from another state that does not have a similar labeling law, provided that the motor vehicle involved in the trade is sold within 30 days of the trade.

(e) As used in this section, “motor vehicle” means all passenger cars, light duty trucks with a gross vehicle weight of 8,500 pounds or less, and medium duty passenger vehicles with a gross vehicle weight of less than 10,000 pounds that are designed primarily for the transportation of persons.
10 V.S.A. § 1400 — VT Code / Title 10 / Chapter 48 / Section 1400
§ 1400. Appeals
Status: in_force

Appeals of any act or decision of the Commissioner or Secretary under this chapter shall be made in accordance with chapter 220 of this title.
10 V.S.A. § 1622 — VT Code / Title 10 / Chapter 55 / Section 1622
§ 1622. Eligible projects
Status: in_force

As used in this subchapter, eligible project costs for water pollution abatement and control facilities projects shall include equipment, conveyances, and structural or nonstructural facilities needed for and appurtenant to the prevention, management, treatment, storage, or disposal of sewage, waste, or stormwater, and the associated costs, including planning and design costs, necessary to construct the improvements, including costs to acquire land for the project.
10 V.S.A. § 6239 — VT Code / Title 10 / Chapter 153 / Section 6239
§ 6239. Goods and services
Status: in_force

A leaseholder shall not be restricted in his or her choice of vendors from whom he or she may purchase goods and services. This section shall not be construed to prohibit a mobile home park owner from contracting with any or all leaseholders for the sale, supply, or distribution of goods and services, but such contract shall not be required as a condition of entrance to the mobile home park.
10 V.S.A. § 1423 — VT Code / Title 10 / Chapter 49 / Section 1423
§ 1423. Water resources and shoreland use plan
Status: repealed

(a) The Secretary shall make studies, establish policies, and make plans for the efficient use, conservation, development, and protection of the State's water resources and:

(1) On the basis of these studies and plans, make recommendations to State agencies relative to their water resources activities.

(2) Locate and maintain information relating to the State's water resources. The Secretary shall collect pertinent data available from State, regional, and federal agencies, the University of Vermont, Vermont State Colleges, local units of government, and other sources.

(3) Public shorelands in which the existing use is exclusively as a public water supply and public shorelands in which the potential use may be as a public water supply shall be classified on that basis.

(4) Serve as a clearinghouse for information relating to water resources including referring citizens and local units of government to the appropriate sources for advice and assistance in connection with particular water use problems.

(b) The Secretary shall prepare a comprehensive plan relating to water resources as a guide for the preparation of a State, regional, or municipal land use or development plan. The plan shall be based on the classification of waters pursuant to chapter 47 of this title. The plan shall to the extent possible give consideration to any existing regional or municipal plans that are compatible with the interests of the State. The primary purpose of the plan shall be for the preventive control of pollution, giving due consideration to necessary development and growth. The plans shall be governed by the following general standards:

(1) Domestic uses shall be generally preferred.

(2) Uses not inherently a source of pollution within an area shall be preferred over uses that are or may be a pollution source.

(3) Areas in which the existing or potential economic value of public, recreational or similar uses exceeds the existing or potential economic value of any other use shall be classified primarily on the basis of the higher economic use value.

(4) Use locations within an area tending to minimize the possibility of pollution shall be preferred over use locations tending to increase that possibility.

(5) Use dispersions within an area shall be preferred over concentrations of uses or their undue proximity to each other.

(6) Particular attention shall be given to safe and healthful conditions for the enjoyment of aquatic recreation; the demands of water traffic, boating, and water sports; the capability of the water resource; requirements necessary to ensure proper operation of septic tank disposal fields near navigable waters; building setbacks from the water; preservation of shore growth and cover; conservancy uses for low lying lands; and shoreland layout for residential and commercial developments.

(c) [Repealed.]
10 V.S.A. § 6007 — VT Code / Title 10 / Chapter 151 / Section 6007
§ 6007. Act 250 Disclosure Statement; jurisdictional determination
Status: repealed

(a) Prior to the division or partition of land, the seller or other person dividing or partitioning the land shall prepare an “Act 250 Disclosure Statement.” A person who is dividing or partitioning land, but is not selling it, shall file a copy of the statement with the town clerk, who shall record it in the land records. The seller who is dividing or partitioning land as part of the sale shall provide the buyer with the statement within 14 days of entering into a purchase and sale agreement for the sale or exchange of land, or at the time of transfer of title if no purchase and sales agreement was executed, and shall file a copy of the statement with the town clerk, who shall record it in the land records. Failure to provide the statement as required shall, at the buyer's option, render the purchase and sales agreement unenforceable. If the disclosure statement establishes that the transfer is or may be subject to chapter 151 of this title, and that information had not been disclosed previously, then at the buyer's option the contract may be rendered unenforceable. The statement shall include the following, on forms determined jointly by the Board and the Commissioner of Taxes:

(1) The name and tax identification number of the seller's or divider's or partitioner's spouse, and parents and children, natural or adoptive, and whether or not any of the individuals named will derive profit or consideration, or acquire any other beneficial interest from the partition or division of the land in question. However, this information will be required only to the extent that:

(A) the individuals in question have been sellers or buyers of record with respect to the partition or division of other land within the previous five years; and

(B) that other land is located within five miles of any part of the land currently being divided or partitioned or is located within the jurisdictional area of the same District Environmental Commission.

(2) The name and tax identification number of all individuals and entities affiliated with the seller or divider or partitioner for the purpose of deriving profit or consideration, or acquiring any other beneficial interest from the partition or division of the land, as that affiliation is conditioned and limited according to the definition of “person” in subdivision 6001(14) of this title.

(3) A statement identifying any partition or division of land that has been completed:

(A) within the preceding five years;

(B) by any of the entities or individuals identified under subdivision (1) or (2) of this subsection (a) as deriving profit or consideration or acquiring any other beneficial interest from the partition or division of the land; and

(C) within five miles of any part of the land being divided or partitioned, or within the jurisdictional area of the district environmental commission in which the land is located.

(4) Notice that a permit may be required under this chapter.

(b) If, before the transfer of title, facts contained in the disclosure statement change, the seller shall provide the buyer with an amended statement in a timely manner.

(c) With respect to the partition or division of land, or with respect to an activity that might or might not constitute development, any person may submit to the district coordinator an “Act 250 Disclosure Statement” and other information required by the rules of the Board and may request a jurisdictional opinion from the district coordinator concerning the applicability of this chapter. If a requestor wishes a final determination to be rendered on the question, the district coordinator, at the expense of the requestor and in accordance with rules of the Board, shall publish notice of the issuance of the opinion in a local newspaper generally circulating in the area where the land that is the subject of the opinion is located and shall serve the opinion on all persons listed in subdivisions 6085(c)(1)(A) through (D) of this title. In addition, the requestor who is seeking a final determination shall consult with the district coordinator and obtain approval of a subdivision 6085(c)(1)(E) list of persons who shall be notified by the district coordinator because they are adjoining property owners or other persons who would be likely to be able to demonstrate a particularized interest protected by this chapter that may be affected by an act or decision by a District Commission.

(d) [Repealed.]
10 V.S.A. § 860 — VT Code / Title 10 / Chapter 35 / Section 860
§ 860. Opening on noncompliance with order
Status: in_force

When a person does not open a ditch or watercourse, or his or her proportion thereof, in accordance with the order of the selectboard, a person interested who was a party of record in the proceedings may open such ditch or watercourse and collect pay for the same of the party who was directed by the order of the selectboard to open such ditch or watercourse.
10 V.S.A. § 4905 — VT Code / Title 10 / Chapter 113 / Section 4905
§ 4905. Birds' nests and eggs; destroying or robbing
Status: in_force

A person shall not take or willfully destroy the nests or eggs of wild birds, other than rock pigeons, house sparrows, or European starlings, except when necessary to protect buildings and the nests to be removed contain no eggs or chicks and are no longer being used by birds for feeding, or when taken as provided in section 4152 of this title.
10 V.S.A. § 481 — VT Code / Title 10 / Chapter 21 / Section 481
§ 481. Definitions
Status: in_force

As used in this chapter, the following terms are defined as follows:

(1) “Limited access facility” shall have the same meaning as defined in 19 V.S.A. § 1702.

(2) “Official business directional sign” means a sign erected and maintained by the State to indicate to the travelling public the route and the distance to public accommodations, commercial services for the travelling public, and points of scenic, historic, cultural, educational, and religious interest.

(3) “On-premises sign” means an accessory sign that directs attention to a business, profession, commodity, service, or entertainment carried on, sold, or offered on the same premises.

(4) “Outdoor advertising” means a sign that advertises, calls attention, or directs a person to a business, association, profession, commodity, product, institution, service, entertainment, person, place, thing, or activity of any kind whatsoever, and is visible from a highway or other public right-of-way.

(5) “Residential directional sign” means an off-premises sign erected and maintained by an individual to indicate the location of his or her residence.

(6) A “sign” is any structure, display, device, or representation, either temporary or permanent, portable or ground-mounted, that is designed or used to advertise or call attention to any thing, person, business, activity, or place and is visible from any highway or other right-of-way. It does not include the flag, pennant, or insignia of any nation, state, or town. Whenever dimensions of a sign are specified, they shall include panels and frames.

(7) “Sign plaza” means any area established and maintained by the Agency of Transportation adjacent to a highway, where official information plaza plaques are grouped in tiers or on panels.

(8) “Traffic control sign or device” means an official route marker, guide sign, warning sign, or sign directing traffic to or from a bridge, ferry, or airport, or sign regulating traffic, that has been erected by officers having jurisdiction over the highway.

(9) “Official information plaza plaque” means a plaque erected and maintained by the State to indicate to the travelling public: public accommodations, commercial services for the travelling public, and points of scenic, historic, cultural, educational, and religious interest, installed at an information plaza.

(10) “Full-sized official business directional sign” means a sign not exceeding 1,200 square inches. “Half-sized official business directional sign” means a sign not exceeding 300 square inches.

(11) “Owner” means the person or persons who own a sign. Wherever it is required under this chapter to provide notice to the actual owner or owners of a sign but is impractical to do so, it shall be conclusively presumed that the person, firm, or corporation advertised on the sign is the agent of the actual owner or owners. Notice served on any such agent shall have the same effect as notice provided the actual owner or owners.

(12) “Travel information” means the various communication media and methods available to collect and distribute information to the traveling public.
10 V.S.A. § 1939 — VT Code / Title 10 / Chapter 59 / Section 1939
§ 1939. Risk retention pool
Status: in_force

The owners and operators of underground storage tanks may obtain the advice of the Commissioner of Financial Regulation, and may establish an insurance pool. The Commissioner shall adopt rules to assist in the formation of such pools and to expedite approval of any plan of operation. The Commissioner shall also adopt rules relating to the administration and operation of such pools in order to provide for the fiscal integrity of agreements entered into and to provide that trade, market, and claim practices engaged in are equitable, fair, and consistent. The establishment of such a pool shall conform to all requirements of the Commissioner of Financial Regulation and applicable State and federal laws, rules, and regulation.
10 V.S.A. § 688 — VT Code / Title 10 / Chapter 29 / Section 688
§ 688. Authority to make rules
Status: in_force

The Secretary is hereby granted the authority to issue rules in accordance with 3 V.S.A. chapter 25 for the purpose of administering the provisions of this subchapter.
10 V.S.A. § 7040 — VT Code / Title 10 / Chapter 161 / Section 7040
§ 7040. Immunity and liability
Status: in_force

(a) No provision of this chapter shall constitute a waiver of sovereign immunity.

(b) Nor shall any State official or employee (including members of the Authority and its Director and staff) be held financially responsible for acts taken within the scope of employment, or for failure to take any discretionary act, related to this chapter or the rules authorized by this chapter.
10 V.S.A. § 7152 — VT Code / Title 10 / Chapter 164A / Section 7152
§ 7152. Sale of mercury-containing lamps; stewardship organization registration
Status: in_force

(a) Sale prohibited. Beginning on July 1, 2012, except as set forth under section 7155 of this title, a manufacturer of a mercury-containing lamp shall not sell, offer for sale, or deliver to a retailer for subsequent sale a mercury-containing lamp unless all of the following have been met:

(1) The manufacturer is implementing an approved collection plan.

(2) The manufacturer has paid the fee under section 7158 of this title.

(3) The name of the manufacturer and the manufacturer's brand are designated on the Agency of Natural Resources' website as covered by an approved plan.

(4) The manufacturer has submitted an annual report under section 7153 of this title.

(5) The manufacturer has conducted a plan audit consistent with the requirements of subsection 7153(b) of this title.

(6) The manufacturer has demonstrated that no alternative non-mercury energy efficient lamp is available that provides the same or better overall performance at a cost equal to or better than the classes of lamps that the manufacturer proposes to sell.

(b) Stewardship organization registration requirements.

(1) Beginning January 1, 2012 and annually thereafter, a stewardship organization shall file a registration form with the Secretary. The Secretary shall provide the registration form to a stewardship organization. The registration form shall include:

(A) a list of the manufacturers participating in the stewardship organization;

(B) the name, address, and contact information of a person responsible for ensuring the manufacturer's compliance with this chapter;

(C) a description of how the stewardship organization meets the requirements of subsection 7155(b) of this title, including any reasonable requirements for participation in the stewardship organization; and

(D) the name, address, and contact information of a person for a nonmember manufacturer to contact on how to participate in the stewardship organization to satisfy the requirements of this chapter.

(2) A renewal of a registration without changes may be accomplished through notifying the Agency of Natural Resources on a form provided by the Agency.
10 V.S.A. § 2351 — VT Code / Title 10 / Chapter 77 / Section 2351
§ 2351. Creation
Status: in_force

(a) All lands in the Camel's Hump region extending from Route 17 north to the Winooski River and from the Huntington River to the Mad River, are hereby declared to make up the Camel's Hump Forest Reserve.

(b) All lands owned by the State in the Camel's Hump Forest Reserve shall be known as Camel's Hump State Park.
10 V.S.A. § 6236 — VT Code / Title 10 / Chapter 153 / Section 6236
§ 6236. Lease terms; mobile home parks
Status: in_force

(a) All terms governing the use and occupancy of a mobile home lot shall be contained in a written lease. Mobile home park owners shall promulgate reasonable and fair lease terms governing the use and occupancy of a mobile home lot and shall furnish an initial copy of the lease to leaseholders. Any lease term that prohibits or in any other manner obstructs the ability of any leaseholder to act in accordance with the provisions of this chapter shall be unenforceable. Any lease term that is not uniformly applied to all leaseholders of the same or a similar category shall be unenforceable, except that a park owner may establish a different lot rent rate for a mobile home park constructed after June 1, 1995 or for new lots in an expanded mobile home park constructed after June 1, 1995. Mobile home park owners shall not restrict access by representatives of the Department to the leaseholders of the park.

(b) A lease term requiring the removal from a mobile home park of a mobile home that is detrimental to the other residents of the park for either health, safety, or aesthetic reasons shall not be considered unreasonable or unfair.

(c) Prospective leaseholders shall be furnished with a copy of the proposed lease prior to any agreement to use or occupy a mobile home lot, and upon acceptance of the lease terms the lease shall be signed by the lessor and lessee. Any provision in a lease governing rental and utility charges shall be effective for a minimum of one year, except in the case of a new leaseholder in a mobile home park in which there is a uniform rent schedule that affects all lots in that park simultaneously. The initial lease for a new leaseholder may include the anticipated increase in the rent and utility charge at the time it occurs for the other lots. A mobile home park owner shall provide leaseholders with a minimum of 60 days' notice prior to any rent increase. Rent increase notices shall not be given within six months prior to the issuance of a closure notice or at any time during which the closure notice is in effect. All rent increases received by the park owner during the six months prior to the issuance of a closure notice shall be returned to the affected leaseholders within seven days of issuance of the closure notice, except when the Commissioner determines the rent increase is needed to help remedy an emergency situation that affects the resident's health, safety, or welfare. This subsection shall not apply to proprietary leases in mobile home parks owned by limited equity housing cooperatives established under 11 V.S.A. chapter 14. The rental and utility charge may be increased during a year if the operating expenses of the park increase 20 percent or more during that year as the result of legislative action taken during that year and the increase could not have been anticipated. The rental and utility charge may be increased during a year only to the extent necessary to cover the increase in operating expenses of the park.

(d) No person shall sell, lease, or sublease a mobile home or sublease or assign a lease for a lot in a mobile home park without first obtaining the written approval of the park owner, which shall not be unreasonably withheld. A violation of this subsection shall be grounds for eviction.

(e) All mobile home lot leases shall contain the following:

(1) Rental and utility charges and other reasonable incidental service charges, if any. No charges other than properly disclosed charges for rent, utilities, or other reasonable incidental services may be imposed or collected.

(2) Names and addresses of the park owners.

(3) Notice that the park owner shall not discriminate for reasons of race, religious creed, color, sex, sexual orientation, gender identity, marital status, disability, national origin, or because a person is a recipient of public assistance.

(4) Notice that the park owner shall not discriminate based on age or the presence of one or more minor children in the household, except as permitted under 9 V.S.A. § 4503(b) and (c). If age restrictions exist in all or part of a park, the specific restrictions and geographic sections in which restrictions apply shall be documented in the lease.

(5) The requirement to obtain permission from the park owner prior to leasing or selling a mobile home or assigning or subleasing a lease for a mobile home lot to another person.

(6) The notice required from a leaseholder in order to terminate the lease or occupancy arrangement.

(7) An effective date of the lease.

(8)(A) Notice that the mobile home park is in a flood hazard area if any lot within the mobile home park is wholly or partially located in a flood hazard area according to the flood insurance rate map effective for the mobile home park at the time the proposed lease is furnished to a prospective leaseholder. This notice shall be provided in a clear and conspicuous manner in a separate written document substantially in the form prescribed by the Department of Housing and Community Development pursuant to subdivision (B) of this subdivision (8) and attached as an addendum to the proposed lease.

(B) The Department of Housing and Community Development shall develop a model form for the notice provided under this section that shall include the information required under subdivision (A) of this subdivision (8).

(f) A copy of all new lease terms shall be furnished to all leaseholders at least 30 days prior to the effective date of any amendment, addition, or deletion of the existing lease terms. Upon request, the park owner shall provide to any leaseholder a copy of the current lease for his or her lot.
10 V.S.A. § 4661 — VT Code / Title 10 / Chapter 112 / Section 4661
§ 4661. Annual appropriation-Article X
Status: in_force

The states signatory hereto agree to make an annual appropriation to the initial support of the Commission in the amount of $1,000.00 from the Fish and Wildlife Fund for each of the first three years that this Compact is in effect.
10 V.S.A. § 4827a — VT Code / Title 10 / Chapter 113 / Section 4827a
§ 4827a. Feeding bear; prohibition
Status: in_force

(a) A person shall not knowingly feed a bear and shall not knowingly give, place, expose, deposit, distribute, or scatter any bait, food, or other edible material in a manner intended to lure a bear to feed except:

(1) under a license or permit issued under section 4152 of this title by the Commissioner for bona fide scientific research, mitigation of wildlife damage, nuisance problems, or wildlife population reduction program;

(2) by planting, cultivating, or harvesting of crops directly associated with bona fide agricultural practices, including planted wildlife food plots; or

(3) by distribution of feed material for livestock directly associated with bona fide agricultural practices.

(b) A person who has intentionally placed bait, food, or other edible material, including placing food within a bird feeder, to lure wildlife, as that term is defined to include birds and other animals under subdivision 4001(15) of this title, onto the property within the past 30 days shall be prohibited from taking a bear doing damage under the authority set forth in section 4827 of this title. The Commissioner or his or her designee may issue an order requiring a person to remove or contain the bait, food, or edible material if the placing of bait or food results in the feeding of a bear.

(c) As used in this section, “bait, food, or other edible material” means fruit, grain, salt, grease, garbage, or other materials intended to feed or lure wildlife.
10 V.S.A. § 6102 — VT Code / Title 10 / Chapter 151 / Section 6102
§ 6102. Definitions
Status: in_force

As used in this subchapter:

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

(2) “Capacity” means each of the following:

(A) the number of vehicles per hour accommodated by transportation infrastructure;

(B) the ability of transportation infrastructure to provide connectivity for pedestrians and cyclists; and

(C) the number of people that can be accommodated by bus at levels of service specified for each mode of travel.

(3) “Capital Transportation Program” means the multiyear transportation program under 19 V.S.A. § 10g as established each year by the General Assembly.

(4) “Capital transportation project” means:

(A) a physical improvement to the State transportation system or to a municipal highway, right-of-way, or transportation facility; and

(B) a study or survey requested or commissioned by a District Commission or the Agency relating to any physical improvement of one or more of the following:

(i) the State transportation system; and

(ii) a municipal highway, right-of-way, or transportation improvement or facility.

(5) “District Commission” shall have the same meaning as under section 6001 of this title except that the term also shall include the Board in exercising its authority to make findings of fact and conclusions of law.

(6) “Land use project” means any activity requiring a permit under this chapter or 19 V.S.A. § 1111.

(7) “Municipality” means a city, town, incorporated village, or unorganized town or gore.

(8) “Pass-by trips” means traffic that is present on a roadway adjacent to a land use project for reasons other than accessing the project and that enters the project.

(9) “Regional planning commission” shall have the same meaning as under 24 V.S.A. § 4303.

(10) “Secretary” means the Secretary of Transportation or designee.

(11) “State transportation system” means the highways, rights-of-way, and transportation facilities under the jurisdiction of the Agency or any other agency of the State and does not include highways, rights-of-way, and transportation facilities under the jurisdiction of a municipality.

(12) “Transportation Demand Management” or “TDM” means measures that reduce vehicle trips or redistribute vehicle trips to non-peak times or other areas. Examples include telecommuting, incentives to carpool or ride public transit, and staggered work shifts.

(13) “Transportation impact fee” means a fee that is assessed to a land use project as a condition of a permit issued under this chapter or a State highway access permit under 19 V.S.A. § 1111 and is used to support any portion of the costs of a completed or planned capital transportation project that will benefit or is attributable to the land use project.

(14) “Transportation Improvement District” or “TID” means a discrete geographic area that includes and will benefit from one or more capital transportation projects included in the Capital Transportation Program and for which the Agency has established a transportation impact fee under this subchapter.

(15) “Vehicle trips” means the number of trips by motorized conveyance generated by a proposed land use project measured at a specific place and for a specific duration. The ownership of and number of persons within the conveyance shall be irrelevant.
10 V.S.A. § 1032 — VT Code / Title 10 / Chapter 41 / Section 1032
§ 1032. Rulemaking on snowmaking withdrawals
Status: in_force

The Secretary shall adopt rules to determine conservation flow standards for snowmaking, to be used in relevant Agency of Natural Resources regulatory processes governing water withdrawals, diversions, impoundments, and the construction of appurtenant facilities, and to be used in developing positions to be asserted by the Agency in other State regulatory processes governing conservation flows for snowmaking. These rules shall not supersede water quality standards adopted by the Secretary pursuant to chapter 47 of this title. These rules shall achieve the purposes of this subchapter, and shall provide for the periodic review of any decision issued under the rules. All existing water withdrawals, diversions, and impoundments for snowmaking that are permitted at instream flows below the standards shall be reviewed by July 1, 2000.
10 V.S.A. § 4503 — VT Code / Title 10 / Chapter 109 / Section 4503
§ 4503. Unlawful equipment, vehicle, forfeiture
Status: in_force

A person convicted of violating the provisions of section 4745, 4781, 4783, 4784, 4705(a), 4280, 4747, or 4606 of this title relating to taking big game shall forfeit to the Department of Fish and Wildlife the firearms, jacks, artificial lights, motor vehicle, or any other device used in committing the violation. Forfeiture of a motor vehicle shall not apply to the illegal taking, possessing, or transporting of wild turkey, anadromous Atlantic salmon, section 4606, or to the person's first conviction of the provisions of section 4745, 4781, 4783, or 4784 under this section. Proceeds from the sale of items or equipment forfeited under this section shall be deposited in the Fish and Wildlife Fund.
10 V.S.A. § 4907 — VT Code / Title 10 / Chapter 113 / Section 4907
§ 4907. Waterfowl blinds
Status: in_force

(a) A person shall not place a waterfowl blind or cause the same to be placed on or in the waters of the State earlier than the first Saturday of September of any year, and then only if the person's name and address are permanently and legibly affixed thereto, by waterproof paint or rustproof tag. A person shall remove his or her waterfowl blind, together with its contents and any surrounding debris, located on or in any waters of the State except Lake Champlain on or before May 15 of the following year. A waterfowl blind located on or in Lake Champlain shall be removed on or before February 15 of the following year.

(b) For the purposes of this section, “waterfowl blind” means any manufactured place of concealment or any boat, raft, or similar structure that has been designed to partially or completely conceal a person taking ducks or geese.

(c) Subsection (a) of this section shall not apply to State-owned and -operated blinds on lands owned or controlled by the State.
10 V.S.A. § 7102 — VT Code / Title 10 / Chapter 164 / Section 7102
§ 7102. Definitions
Status: in_force

As used in this chapter:

(1) “Agency” means the Vermont Agency of Natural Resources.

(2) “Elemental mercury” means the chemical symbol Hg. Elemental Hg is a silvery-white liquid (at room temperature) with an atomic number of 80 and an atomic mass of 200.57.

(3) “Fabricated mercury-added product” means a product that consists of a combination of individual components that combine to make a single unit, including mercury-added measuring devices, lamps, and switches.

(4) “Formulated mercury-added product” means a product that is sold as a consistent mixture of chemicals to which mercury or a mercury compound has been intentionally added in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason. This includes laboratory chemicals, cleaning products, cosmetics, pharmaceuticals, and coating materials. For the purposes of this chapter, formulated mercury-added product does not include pharmaceuticals, pharmaceutical products, biological products, or any substance that may be lawfully sold over the counter without a prescription under the federal Food, Drug, and Cosmetics Act, 21 U.S.C. §§ 301 et seq. “Biological product” means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product or an analogous product, or asphenamine (a derivative of arsphenamine) or any other trivalent organic arsenic compound used for the prevention, treatment, or cure of a disease or condition of human beings.

(5) “Large appliance” includes the following items: refrigerators, washing machines, clothes dryers, ranges, water heaters, dishwashers, freezers, microwave ovens, air conditioners, portable heaters, and other similar domestic and commercial appliances as may be identified by the Agency by rule.

(6)(A) “Manufacturer” means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that:

(i) produces a mercury-added product; or

(ii) serves as an importer or domestic distributor of a mercury-added product produced outside the United States.

(B) This definition shall not apply to retailers for whom importing is not their primary business.

(C) In the case of a multicomponent mercury-added product, the manufacturer is the last manufacturer to produce or assemble the product.

(D) In the case of mercury-containing thermostats, the manufacturer is the original equipment manufacturer.

(7) “Mercury-added component” means a mercury-added product that is incorporated into another product to form a fabricated mercury-added product, including electrical switches, relays, and lamps.

(8) “Mercury-added novelty” means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, items of apparel (including footwear), and similar products.

(9) “Mercury-added product” means a product, a commodity, a chemical, a product with one or more components, or a product that cannot function without the use of that component, that contains mercury or a mercury compound intentionally added to the product, commodity, chemical, or component in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason. These products include formulated mercury-added products and fabricated mercury-added products.

(10) “Mercury fever thermometer” means a mercury-added product that is used for measuring body temperature. This does not include a fever thermometer with a mercury-added button cell battery.

(11) “Motor vehicle” means a vehicle propelled by an internal combustion engine or an electric motor, such as an automobile, van, truck, motorized construction equipment, motorized recreational vehicle, motorcycle, or forklift.

(12) “End-of-life motor vehicle” means a motor vehicle that has not been intentionally flattened, crushed, shredded, or baled if sold, given, or otherwise conveyed to a motor vehicle recycler or scrap metal recycling facility for the purpose of recycling.

(13) “Mercury-added vehicle switch” means a capsule, commonly known as a bullet, containing mercury, that is part of a convenience light switch assembly for motor vehicle trunks and hoods or is part of the anti-lock brake system.

(14) “Motor vehicle recycler” means an individual or entity engaged in the business of acquiring, dismantling, parts recycling, or destroying six or more end-of-life motor vehicles in a year.

(15) “Scrap metal recycling facility” means a facility at a fixed location that uses equipment to process and refabricate scrap metal into prepared grades and principally produces scrap iron, steel, or nonferrous metallic scrap for sale.

(16) “Mercury-containing thermostat” means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment. “Mercury-containing thermostat” includes thermostats used to sense and control room temperature in residential, commercial, industrial, and other buildings but does not include a thermostat used to sense and control temperature as part of a manufacturing process.

(17) “Person” means any individual, corporation, partnership, cooperative, association, firm, sole proprietorship, governmental agency, or other entity.

(18) “Thermostat retailer” means a person who sells thermostats of any kind directly to homeowners or other nonprofessionals through any selling or distribution mechanism, including sales using the Internet or catalogues. A retailer may also be a wholesaler if it meets the definition of wholesaler.

(19) “Thermostat wholesaler” means a person that is engaged in the distribution and wholesale sale of heating, ventilation, and air-conditioning components to contractors who install heating, ventilation, and air-conditioning components.

(20) “Four-foot linear fluorescent lamp” means a general purpose, low-pressure, mercury-containing, electric-discharge light source in which a fluorescing coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics:

(A) two bases or endcaps of any type, including single-pin, two-pin, or recessed double contact;

(B) light emission between a correlated color temperature of 1700K and 24000K and a Duv of +0.024 and –0.024 in the International Commission on Illumination (CIE) Uniform Color Space (CAM02-UCS);

(C) all tube diameters, including T2, T5, T8, T10, and T12; and

(D) four feet in length.
10 V.S.A. § 1085 — VT Code / Title 10 / Chapter 43 / Section 1085
§ 1085. Notice of application
Status: in_force

Upon receipt of the application required by section 1082 of this title, the Department shall give notice to the legislative body of each municipality in which the dam is located and to all interested persons. The Department shall provide notice of and an opportunity for public comment in accordance with chapter 170 of this title.
10 V.S.A. § 7582 — VT Code / Title 10 / Chapter 168 / Section 7582
§ 7582. Sale of primary batteries, rechargeable batteries, and battery-containing products
Status: in_force

(a) Sale prohibited. Except as set forth under subsection (b) of this section, a producer of a primary battery, of a rechargeable battery, or of a battery-containing product shall not sell, offer for sale, or deliver to a retailer for subsequent sale a primary battery, a rechargeable battery, or a battery-containing product unless:

(1) the producer or the battery stewardship organization in which the producer is participating is registered under an approved and implemented battery stewardship plan;

(2) the producer or battery stewardship organization has paid the fee under section 7594 of this title; and

(3) the name of the producer and the producer's brand are designated on the Agency website as covered by an approved battery stewardship plan.

(b) New producers.

(1) A producer of a primary battery who, after January 1, 2016, seeks to sell, offer for sale, or offer for promotional purposes in the State a primary battery not previously sold in State shall notify the Secretary prior to selling or offering for sale or promotion a primary battery not covered by an approved battery stewardship plan.

(2) A producer of a rechargeable battery or battery-containing product who, after January 1, 2026, seeks to sell, offer for sale, or offer for promotional purposes in the State a rechargeable battery or battery-containing product not previously sold in State shall notify the Secretary prior to selling or offering for sale or promotion a rechargeable battery or battery-containing product not covered by an approved battery stewardship plan.

(3) The Secretary shall list a producer who supplies notice under this subsection as a “new producer” on the Agency's website. A producer that supplies notice under this subsection shall have 90 days, not including the time required for public comment under subsection 7586(c) of this section, to either join an existing battery stewardship organization or submit a battery stewardship plan for approval to the State.
10 V.S.A. § 865 — VT Code / Title 10 / Chapter 35 / Section 865
§ 865. Copy of award and judgment filed
Status: in_force

A certified copy of the award of the selectboard or of the report of the commissioners, finally accepted by the Superior Court, with the orders and judgments of such court, shall be recorded in the office of the town clerk where the lands are situated.
10 V.S.A. § 4552 — VT Code / Title 10 / Chapter 109 / Section 4552
§ 4552. Jurisdiction; venue
Status: in_force

The Vermont Criminal Division of the Superior Court shall have exclusive jurisdiction over fish and wildlife violations with the exception of violations related to section 4572 and chapters 123 and 124 of this title. Venue for adjudicating fish and wildlife violations shall be the unit of the Criminal Division of the Superior Court having jurisdiction over the geographical area where the offense is stated to have occurred.
10 V.S.A. § 6606 — VT Code / Title 10 / Chapter 159 / Section 6606
§ 6606. Hazardous waste certification
Status: repealed

(a) No person shall store, treat, or dispose of any hazardous waste without first obtaining certification from the Secretary for such facility, site or activity. Certification shall be valid for a period not to exceed 10 years.

(b) Certification of all hazardous waste facilities shall include:

(1) Identification of all hazardous waste to be handled at the facility, including the expected amounts of each type of waste and the form in which it will be accepted.

(2) Detailed descriptions of all processes and technologies to be utilized by the facility and provisions to ensure that the operation of the facility is carried out in accordance with approved design and operation plans.

(3) [Repealed.]

(4) Evidence of liability insurance in amounts as the Secretary may determine to be necessary for the protection of human health and safety and the environment.

(5) Evidence of financial responsibility in such form and amount as the Secretary may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the facility or site, all appropriate measures are taken to prevent present and future damage to public health and safety and the environment, including full and proper closure of the facility and, in the case of land treatment or disposal facilities, post-closure care of the facility for a period of time to be determined by the Secretary.

(6) Evidence that the personnel employed at the hazardous waste treatment or disposal facility or site have met such qualifications as to education and training as the Secretary may determine to be necessary to ensure the safe and adequate operation of the facility or site.

(7) A description of the location, design, and construction of such hazardous waste treatment, disposal, or storage facility.

(8) Contingency plans for effective action to minimize unanticipated damage from any treatment, storage, or disposal of any such hazardous waste.

(9) Such additional conditions, requirements, and restrictions as the Secretary may deem necessary to preserve and protect the ground and surface water. This may include requirements concerning reporting, recording, and inspections of the operation of the facility. Guidelines for the establishment of conditions, requirements, and restrictions shall be adopted by the Secretary according to procedures established in 3 V.S.A. chapter 25, the Vermont Administrative Procedure Act.

(c) The Secretary shall not issue a certification to a new nonmunicipal facility, or recertify an existing nonmunicipal facility, without first ascertaining that the applicant meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title.
10 V.S.A. § 1960 — VT Code / Title 10 / Chapter 63 / Section 1960
§ 1960. Vermont Citizens Advisory Committee on Lake Champlain's future created
Status: repealed

(a) The Vermont Citizens Advisory Committee on Lake Champlain's future is created to gather and disseminate information and make recommendations about the condition and management of the waters of the Lake Champlain basin region. The Advisory Committee shall consist of 14 members: two Senators appointed by the Committee on Committees, two Representatives appointed by the Speaker of the House, and ten Vermont citizens, including one recommended by the Secretary of Agriculture, Food and Markets, who come from a variety of geographic locations in Vermont appointed by the Governor with advice and consent of the Senate. The Advisory Committee shall elect a chair by a majority vote of its members. Legislative Committee members shall serve two-year terms that coincide with their term of office, or until the biennial appointment of successors. Other Advisory Committee members shall be appointed for three-year terms, except that initial appointments shall be for staggered terms.

(b) Advisory Committee members shall receive a per diem pursuant to 32 V.S.A. § 1010 and shall be reimbursed for necessary expenses incurred in performance of their duties as Advisory Committee members.

(c) The Secretary, in consultation with the Advisory Committee, may appoint an executive director who shall be an exempt State employee and who shall report to the Secretary.

(d) The Advisory Committee shall be assigned to the Agency of Natural Resources for budgetary and administrative purposes.

(e) The Advisory Committee shall present a proposed budget to the Secretary before September 15 of each year.

(f) [Repealed.]
10 V.S.A. § 1420 — VT Code / Title 10 / Chapter 48A / Section 1420
§ 1420. Vessels; abandonment prohibited; removal and disposition of abandoned vessels
Status: in_force

(a) Definitions. In this chapter, unless the context clearly requires otherwise:

(1) “Abandon” means, with respect to a vessel, any of the following:

(A) to leave unattended on public waters or on immediately adjacent land for more than 30 days without the express consent of the Secretary or, if on immediately adjacent land, of the person in control of the land;

(B) to leave partially or fully submerged in public waters for more than 30 days without the express consent of the Secretary;

(C) to leave partially or fully submerged in public waters a petroleum-powered vessel for more than 48 hours without the express consent of the Secretary; or

(D) to leave unattended on public waters or on immediately adjacent land for any period if the vessel poses an imminent threat to navigation or to public health or safety.

(2) “Commissioner” means the Commissioner of Motor Vehicles or designee.

(3) “Law enforcement officer” means an individual described in 23 V.S.A. § 3302 who is certified by the Vermont Criminal Justice Council as a level II or level III law enforcement officer under 20 V.S.A. § 2358.

(4)(A) “Public waters” means:

(i) the portions of Lake Champlain, Lake Memphremagog, and the Connecticut River that are within the territorial limits of Vermont;

(ii) boatable tributaries of Lake Champlain and Lake Memphremagog upstream to the first barrier to navigation, and impoundments and boatable tributaries of those impoundments of the Connecticut River upstream to the first barrier to navigation, within the territorial limits of Vermont; and

(iii) all natural inland lakes, ponds, and rivers within Vermont, and other waters within the territorial limits of Vermont, including the Vermont portion of boundary waters, that are boatable under the laws of this State.

(B) “Public waters” does not include waters in private ponds and private preserves as set forth in chapter 119 of this title.

(5) “Secretary” means the Secretary of Natural Resources or designee.

(6) “Storage operator” means:

(A) the Secretary, if storing an abandoned vessel after causing its removal pursuant to this section; or

(B) a person who stores a vessel removed pursuant to this section at the request of the Secretary, or a subsequent transferee thereof.

(7) “Vessel” means:

(A) a motorboat; or

(B) a sailboat, or other boat, that is 16 or more feet in length.

(b) Relationship with other laws. The authority conferred to the Secretary and the penalties established in this section are in addition to authority granted or penalties established elsewhere in law, and nothing in this section shall be construed to modify any authority or the application of penalties under any other provision of law, including under chapter 47, 159, 201, or 211 of this title.

(c) Abandonment of vessels prohibited.

(1) Civil violation. A person shall not abandon a vessel on public waters or immediately adjacent land. A person who violates this subdivision shall be subject to civil enforcement under chapters 201 and 211 of this title and, in any such enforcement action, the Secretary may obtain an order to recover costs specified in subdivision (d)(1) of this section incurred by the Agency of Natural Resources.

(2) Criminal violation. A person shall not knowingly abandon a petroleum-powered vessel or knowingly abandon a vessel that poses an imminent threat to navigation or to public health or safety. A person who violates this subdivision shall be subject to a fine of up to $10,000.00.

(d) Removal and storage.

(1) Removal of abandoned vessel. Upon request from a law enforcement officer or at the Secretary's own initiative, the Secretary shall promptly cause the removal and safe storage of a vessel that is abandoned as described in subdivision (a)(1) of this section, unless the vessel is to be removed by a federal agency. If removal is requested by a law enforcement officer, the Secretary shall make reasonable efforts to determine if the vessel qualifies as abandoned. In addition, the Secretary shall have the authority to take actions as may be necessary to eliminate risks to public health or safety caused by the condition of the vessel.

(2) Responsibility for costs; lien.

(A) The owner of a vessel removed under the authority of this section shall be responsible for reasonable:

(i) removal costs;

(ii) cleanup and disposal costs;

(iii) storage costs incurred after the storage operator sends the Department of Motor Vehicles a notice of removal consistent with subdivision (e)(1) of this section; and

(iv) costs of enforcing this section borne by the Secretary.

(B) Costs for which an owner is responsible under subdivision (d)(2)(A) of this section shall be a lien on the vessel held by the person who incurred the costs. Nothing in this subdivision (d)(2)(B) shall be construed to modify any rights or authority to recover such costs that may exist under any other provision of law.

(3) Limitation on liability. Except in the case of intentionally inflicted damages, the Secretary shall not be liable to the owner or lienholder of an abandoned vessel for any damages to the vessel incurred during its removal or storage, or as a result of actions taken to eliminate risks to public health or safety caused by the condition of the vessel, in accordance with this section.

(e) Notice and listing of abandoned vessel.

(1) Notice of removal and place of storage. Within three business days after the date of removal of an abandoned vessel, the storage operator shall send notice to the Commissioner of:

(A) the federal, state, or foreign registration number, and the hull identification number, of the vessel, if any;

(B) a description of the vessel, including its color, size, and, if available, its manufacturer's trade name and manufacturer's series name;

(C) the date of removal and the location from where the vessel was removed;

(D) the name and contact information of an individual at the Agency of Natural Resources who can provide information about the vessel's removal and how to reclaim it; and

(E) the periodic storage charges that will apply, if any.

(2) Listing of removed vessel. The Commissioner shall post and maintain on the website of the Department of Motor Vehicles a listing of vessels removed under the authority of this section with the information received under subdivision (1) of this subsection.

(f) Disposition following removal.

(1) As used in this subdivision:

(A) A “notice of intent” shall include the information described in subdivision (e)(1) of this section and an indication of the storage operator's intent to take ownership or otherwise dispose of an abandoned vessel.

(B) The term “address” shall mean the plural “addresses” if more than one address is ascertained.

(2) Within 30 days after the date of removal of the abandoned vessel, a storage operator shall:

(A) Cause a notice of intent to be published in the environmental notice bulletin under 3 V.S.A. § 2826.

(B) Make reasonable efforts to ascertain the address of the owner and any lienholder and, if the address is ascertained, send the notice of intent to the address by certified mail, return receipt requested. Reasonable efforts shall include inquiring of the person in control of the waters or land from which the abandoned vessel was removed, the clerk of the municipality in which the waters or land is located, the State Police, the Office of the Secretary of State, and the Department of Motor Vehicles as to the identity and address of the owner and any lienholder.

(3) Ownership of the vessel shall pass to the storage operator free of all claims of any prior owner or lienholder if the owner or lienholder has not reclaimed the vessel and paid all costs authorized under subdivision (d)(2) of this section within 60 days after the later of:

(A) publication in the environmental notice bulletin under 3 V.S.A. § 2826; or

(B) if the address of the owner or lienholder is ascertained, the date the notice of intent is mailed.

(4) If ownership passes to the storage operator under this subsection, the storage operator may sell, transfer, or otherwise dispose of the vessel. However, if the vessel is subject to titling under 23 V.S.A. chapter 36, the storage operator shall apply to the Commissioner for a title or salvage title as may be appropriate, and the Commissioner shall issue an appropriate title or salvage title, at no charge, if the storage operator offers sufficient proof that ownership of the vessel lawfully passed to the storage operator under this section.

(g) Owner and lienholder rights. An owner or lienholder of an abandoned vessel removed from public waters or immediately adjacent land under this section may contest the removal, transfer of title, or other disposition of a vessel under this section, and the necessity or reasonableness of any costs described in subdivision (d)(2) of this section, by petitioning the Secretary. The contested case provisions of 3 V.S.A. chapter 25 shall govern any matter brought under this subsection. A person aggrieved by a final decision of the Secretary may appeal the decision to the Civil Division of the Superior Court. Nothing in this subsection shall be construed to interfere with the right of an owner or lienholder to contest these issues in any enforcement action brought by the Secretary.
10 V.S.A. § 4604 — VT Code / Title 10 / Chapter 111 / Section 4604
§ 4604. Ice fishing
Status: in_force

A person who holds a fishing license and a person who is allowed to take fish without such a license shall not take fish through the ice except in accordance with regulations of the Board.
10 V.S.A. § 1685 — VT Code / Title 10 / Chapter 56 / Section 1685
§ 1685. Public water system capacity
Status: in_force

The Secretary, by rule, shall establish standards and requirements for implementing a public water system capacity program for community water systems and nontransient, noncommunity water systems. The program shall place particular emphasis on addressing the problems and capital needs facing the State's small, rural community water systems and public water systems operated by school districts. The program may include the following measures to improve public water system infrastructure and to provide safe drinking water to small community water systems and schools:

(1) source water protection programs;

(2) capital improvement planning;

(3) minimum design and construction standards;

(4) operation and management practices;

(5) development of a program to assess the capacity of public water systems in order to prevent formation of new systems lacking capacity; to assess existing system capacity; and to promote restructuring of systems lacking capacity; and

(6) to the extent it is consistent with federal law, preference in providing State financial and technical assistance to small systems whose water supply is contaminated or threatened by contamination or who fail to comply with State drinking water standards.
10 V.S.A. § 244 — VT Code / Title 10 / Chapter 12 / Section 244
§ 244. Bonds
Status: in_force

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

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

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

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

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

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

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

(d) No purchaser of bonds shall be in any way bound to see to the proper application of the proceeds thereof.
10 V.S.A. § 7593 — VT Code / Title 10 / Chapter 168 / Section 7593
§ 7593. Antitrust; conduct authorized
Status: in_force

(a) Activity authorized. A producer, group of producers, or a battery stewardship organization implementing or participating in an approved battery stewardship plan under this chapter for the collection, transport, processing, and end-of-life management of primary batteries and rechargeable batteries is individually or jointly immune from liability for the conduct under State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce under 9 V.S.A. chapter 63, subchapter 1, to the extent that the conduct is reasonably necessary to plan, implement, and comply with the producer's, group of producers', or battery stewardship organization's chosen system for managing discarded primary batteries and rechargeable batteries. This subsection shall also apply to conduct of a retailer or wholesaler participating in a producer or battery stewardship organization's approved battery stewardship plan when the conduct is necessary to plan and implement the producer's or battery stewardship organization's organized collection or recycling system for discarded batteries.

(b) Limitations on anti-trust activity. Subsection (a) of this section shall not apply to an agreement among producers, groups of producers, retailers, wholesalers, or battery stewardship organizations affecting the price of primary batteries or rechargeable batteries or any agreement restricting the geographic area in which, or customers to whom, primary batteries or rechargeable batteries shall be sold.
10 V.S.A. § 7062 — VT Code / Title 10 / Chapter 162 / Section 7062
§ 7062. Commission membership
Status: in_force

The Governor shall appoint one or more persons with relevant knowledge and experience to represent the State on the Commission established by Article III of the Compact. The Governor may appoint an alternate for each Commission member appointed under this section. Each Commission member and alternate, if appointed, shall serve at the pleasure of the Governor.
10 V.S.A. § 1342 — VT Code / Title 10 / Chapter 47 / Section 1342
§ 1342. Effective, when-Article XI
Status: in_force

This compact shall become effective immediately upon the adoption of the compact by any two contiguous states of New England but only insofar as applies to those states and upon approval by federal law. Thereafter upon ratification by other contiguous states, it shall also become effective as to those states.
10 V.S.A. § 1650 — VT Code / Title 10 / Chapter 55 / Section 1650
§ 1650. Department acting on behalf of municipality
Status: in_force

Any municipality may request the Department to act in its behalf in undertaking the planning and construction of facilities described in this chapter.
10 V.S.A. § 6521 — VT Code / Title 10 / Chapter 157 / Section 6521
§ 6521. Findings
Status: in_force

The General Assembly finds:

(1) The Vermont Yankee nuclear power station (Vermont Yankee) in Vernon provides a very large fraction of the State's power supply and is by far the largest power plant operating in the State.

(2) Whether the plant runs to the end of its current license, is relicensed by the federal government, or is required to shut down on short notice, that large fraction of the State's supply will need to be replaced.

(3) The State's future power supply should be diverse, reliable, economically sound, and environmentally sustainable.

(4) In order to make a smooth transition to the future, the State needs to accelerate Vermont's investment in electricity resources that are economically and environmentally sound and that can be acquired in modest increments.

(5) In making this transition, there is a great value in investing in renewable energy sources; efficient, combined heat and power facilities; and energy efficiency.

(6) In support of these objectives, the General Assembly and Public Service Board have:

(A) Created the Statewide Energy Efficiency Fund and authorized significant ratepayer charges to support cost-effective investments in end-use energy efficiency resources.

(B) Provided significant support for renewable resources through the creation of a statewide purchasing pool with long-term contracts for qualifying facilities, and a renewable portfolio standard, and are creating a related program to accelerate investments in new renewable and combined-heat and power projects.

(C) Assured that these resources are supported financially by Vermont's utilities and ratepayers, including the former owners of Vermont Yankee.

(7) In addition to these existing mechanisms, there is a need for a Clean Energy Development Fund to support investment in clean energy resources in order to permit adequate power supply diversity.
10 V.S.A. § 4517 — VT Code / Title 10 / Chapter 109 / Section 4517
§ 4517. Destruction of State property
Status: in_force

(a) Whoever intentionally or recklessly damages, injures, interferes with, or destroys any property, real or personal, belonging to or controlled by the State for fish, game, or wildlife purposes shall be fined not more than $2,500.00.

(b) A person convicted of intentionally or recklessly damaging, injuring, interfering with, or destroying property belonging to or controlled by the State for fish, game, or wildlife purposes shall, in addition to other penalties provided under this chapter, pay restitution into the Fish and Wildlife Fund to repair or replace the damaged property.
10 V.S.A. § 264 — VT Code / Title 10 / Chapter 12 / Section 264
§ 264. Accelerated repayment provisions
Status: in_force

Any direct loan made on or after July 1, 1988 under this subchapter shall be conditioned upon the maintenance of a reasonable level of employment at the facility or facilities owned by the obligor and pledged as security for the loan. For the purposes of this section, a reasonable level of employment shall be deemed not to have been maintained whenever an obligor employing 50 or more employees at such facility or facilities permanently transfers, within any three-year period, 50 percent or more of those employees or employment positions to any out-of-state facility. Upon breach of this condition, the Authority may declare all principal and interest of the loan immediately due and payable and may commence foreclosure on any property held as security for the loan or take any other lawful steps to obtain payment.
10 V.S.A. § 5006 — VT Code / Title 10 / Chapter 115 / Section 5006
§ 5006. Exemption; hunting license
Status: in_force

Any person who participates in a trial under the provisions of sections 5002-5004 of this title shall not be required to have a hunting license.
10 V.S.A. § 755 — VT Code / Title 10 / Chapter 32 / Section 755
§ 755. State flood hazard area standards; municipal education; model flood hazard area bylaw or ordinance
Status: in_force

(a) State flood hazard area standards.

(1) On or before January 1, 2026, the Secretary shall adopt rules pursuant to 3 V.S.A. chapter 25 that establish a set of flood hazard area standards for enrollment in the National Flood Insurance Program (NFIP).

(2) The rules shall contain flood hazard area standards that meet or exceed the minimum standards of the NFIP by reducing flood risk to new development and ensuring new development does not create adverse impacts to adjacent preexisting development.

(3) Any municipality with a municipal flood hazard area bylaw or ordinance shall update their bylaw or ordinance to incorporate the State Flood Hazard Area Standards. Nothing in this section shall prohibit a municipality from adopting a more protective flood hazard standard with language and standards approved by the Agency.

(4) On or after January 1, 2028, the State Flood Hazard Areas adopted under subdivision (1) of this subsection shall be the State minimum flood hazard areas standards.

(b) Education and assistance. The Secretary, in consultation with regional 2024 planning commissions, shall provide ongoing education, technical assistance, and guidance to municipalities regarding the requirements under 24 V.S.A. chapter 117 necessary for compliance with the NFIP, including implementation of the State Flood Hazard Area Standards adopted under subsection (a) of this section.

(c) Model flood hazard area bylaw or ordinance. The Secretary shall create and make available to municipalities a model flood hazard area bylaw or ordinance for potential adoption by municipalities pursuant to 24 V.S.A. chapter 117 or 24 V.S.A. § 2291. The model bylaw or ordinance shall set forth the minimum provisions necessary to meet the requirements of the NFIP, including implementation of the State Flood Hazard Area Standards adopted under subsection (a) of this section. The model bylaw may include alternatives that exceed the minimum requirements for compliance with the NFIP and State Flood Hazard Area Standards in order to allow a municipality to elect whether it wants to adopt the minimum requirement or an alternate requirement that further minimizes the risk of harm to life, property, and infrastructure from flooding.

(d) Assistance to municipalities with no flood hazard area bylaw or ordinance. The Secretary, in consultation with municipalities, municipal organizations, and regional planning commissions, shall provide education and technical assistance to municipalities that lack a flood hazard area bylaw or 2024 ordinance in order to encourage adoption of a flood hazard area bylaw or ordinance that qualifies the municipality for the NFIP.
10 V.S.A. § 651 — VT Code / Title 10 / Chapter 27 / Section 651
§ 651. Findings; policy and purpose
Status: in_force

The General Assembly finds that the State of Vermont is endowed with extraordinary natural beauty by its mountains, waterways, and open spaces; that the State of Vermont is rich in its historic heritage, its cultural offerings, the renown of its superior workmanship, the unique designs of its crafts people, and the variety of its recreational lodgings, attractions, and services, all of which enrich the lives of Vermonters and the many travelers who visit the State each year; that the travel and recreation industry is an important sector of the Vermont economy, serving the needs of Vermonters as well as the many visitors of our State, providing significant employment opportunities and revenues, and contributing to the economic well-being of the State; and that recognition of this important industry and enhanced promotion of Vermont as a travel destination in cooperation with the private sector is in the public interest. Therefore, it is the public policy of the State of Vermont, while protecting the natural quality of the State, to support and encourage reasonable growth in the number of travelers to the State and to assist in enhancing the competitive position of travel-related businesses in the State; and further, it is of public benefit that a travel and recreation council be established to contribute to the development of the State travel and recreation policy.
10 V.S.A. § 669f — VT Code / Title 10 / Chapter 27 / Section 669f
§ 669f. Rules
Status: in_force

The Secretary may adopt such rules as are necessary to carry out the purposes of this chapter.
10 V.S.A. § 7702 — VT Code / Title 10 / Chapter 170 / Section 7702
§ 7702. Definitions
Status: in_force

As used in this chapter:

(1) “Adjoining property owner” means a person who owns land in fee simple, if that land:

(A) shares a property boundary with a tract of land where proposed or actual activity regulated by the Department is located; or

(B) is adjacent to a tract of land where such activity is located and the two properties are separated only by a river, stream, or public highway.

(2) “Administrative amendment” means an amendment to an individual permit, general permit, or notice of intent under a general permit that corrects typographical errors, changes the name or mailing address of a permittee, authorizes a transfer of a permit when authorized under rule, or makes other similar changes to a permit that do not require technical review of the permitted activity or the imposition of new conditions or requirements.

(3) “Administrative record” means the application and any supporting data furnished by the applicant; all information submitted by the applicant during the course of reviewing the application; the draft permit or notice of intent to deny the application; the fact sheet and all documents cited in the fact sheet, if applicable; all comments received during the public comment period; the recording or transcript of any public meeting or meetings held; any written material submitted at a public meeting; the response to comments; the final permit; any document used as a basis for the final decision; and any other documents contained in the permit file.

(4) “Administratively complete application” means an application for a permit for which all initially required documentation has been submitted, and any required permit fee, and the information submitted initially addresses all application requirements but has not yet been subjected to a complete technical review.

(5) “Agency” means the Agency of Natural Resources.

(6) “Clean Air Act” means the federal statutes on air pollution prevention and control, 42 U.S.C. § 7401 et seq.

(7) “Clean Water Act” means the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.

(8) “Commissioner” means the Commissioner of Environmental Conservation or the Commissioner's designee.

(9) “Department” means the Department of Environmental Conservation.

(10) “Document” means any written or recorded information, regardless of physical form or characteristics, that the Department produces or acquires in the course of reviewing an application for a permit.

(11) “Environmental notice bulletin” or “bulletin” means the website and e-mail notification system required by 3 V.S.A. § 2826.

(12) “Fact sheet” means a document that briefly sets forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing a draft decision.

(13) “General permit” means a permit that applies to a class or category of discharges, emissions, disposal, facilities, or activities within a common geographic area, including the entire State or a region of the State.

(14) “Individual permit” means a permit that authorizes a specific discharge, emission, disposal, facility, or activity that contains terms and conditions that are specific to the discharge, emission, disposal, facility, or activity.

(15) “Major amendment” means an amendment to an individual permit or notice of intent under a general permit that necessitates technical review.

(16) “Minor amendment” means an amendment to an individual permit or notice of intent under a general permit that requires a change in a condition or requirement, does not necessitate technical review, and is not an administrative amendment.

(17) “Notice of intent under a general permit” means an authorization issued by the Secretary to undertake an action authorized by a general permit.

(18) “Permit” includes any permit, certification, license, registration, determination, or similar form of permission required from the Department by law. However, the term excludes a professional license issued pursuant to chapter 48, subchapter 3 (licensing of well drillers) of this title and sections 1674 (water supply operators), 1936 (UST inspector licenses), 6607 (hazardous waste transporters), and 6607a (waste transportation) of this title.

(19) “Person” shall have the same meaning as under section 8502 of this title.

(20) “Person to whom notice is federally required” means a person to whom notice of an application or draft decision must be given under federal regulations adopted pursuant to the Clean Air Act or Clean Water Act.

(21) “Public meeting” means a meeting that is open to the public and recorded or transcribed, at which the Department shall provide basic information about the draft permit decision, an opportunity for questions to the applicant and the Department, and an opportunity for members of the public to submit oral and written comments.

(22) “Secretary” means the Secretary of Natural Resources or designee.

(23) “Technical review” means the application of scientific, engineering, or other professional expertise to the facts to determine whether activity for which a permit is requested meets the standards for issuing the permit under statute and rule.
10 V.S.A. § 1043 — VT Code / Title 10 / Chapter 41 / Section 1043
§ 1043. Permit requirement; program development
Status: in_force

(a) Program development. On or before July 1, 2026, the Secretary shall implement a surface water withdrawal permitting program that is consistent with section 1041 of this subchapter. The program shall be developed to:

(1) require a permit or other authorization for surface water withdrawals based on potential impacts to surface waters or other factors and establish conditions of operation necessary to protect surface waters and the Vermont Water Quality Standards;

(2) consider surface water withdrawal registration and reporting information submitted pursuant to section 1042 of this chapter in the establishment of permitting thresholds and other permitting requirements;

(3) require efficient use and conservation of surface water;

(4) ensure that withdrawals comply with the Vermont Water Quality Standards;

(5) establish limitations on withdrawals based on low flow or drought conditions and the development of potential alternatives to meet surface water withdrawal needs in such cases; and

(6) require assessment of any reasonable and feasible alternatives to proposed withdrawals that may have less of an impact on surface water quality.

(b) Application. Application for a permit to withdraw surface water under the program established under subsection (a) of this section shall be made on a form provided by the Secretary and shall include the following information:

(1) the location of each withdrawal, including the identification and type of each impacted surface water;

(2) a description of the use or uses of the water to be withdrawn;

(3) a description of the proposed method of water withdrawal;

(4) the frequency and rate of the withdrawal;

(5) an estimated schedule for the withdrawal;

(6) the capacity of the system to be used for the withdrawal;

(7) the location of the proposed return flow of the withdrawn water and whether the withdrawal is an interbasin transfer;

(8) an estimate of the volume of water needed for the proposed use or uses;

(9) a description of the alternative means considered for the proposed uses of water that will have less of an impact on surface water quality; and

(10) any other information required by the Secretary.

(c) Permits.

(1) The Secretary may issue a general permit to authorize certain withdrawal activities.

(2) The Secretary shall issue a general permit under this chapter for the withdrawal of surface water for State or municipal infrastructure projects. The general permit shall establish a rate and withdrawal volume that only requires notification of the Secretary and does not require Secretary approval prior to withdrawal.

(3) A permit issued under this subchapter shall be for a period of not longer than 10 years from the date of issuance.

(d) Exceptions. A permit required under this subchapter shall not be required for:

(1) surface water withdrawals for fire suppression or other public emergency response purposes; or

(2) surface water withdrawals for irrigation for farming, livestock watering, or other uses for farming, as the term “farming” is defined in 6 V.S.A. § 4802.

(e) Existing surface water withdrawals.

(1) Snowmaking withdrawals. Existing withdrawals approved pursuant to subchapter 3 of this chapter for snowmaking shall be reviewed pursuant to subdivision (f)(1) of this section.

(2) Nonsnowmaking withdrawals.

(A) A permit required under this subchapter shall not be required until July 1, 2030 for an existing surface water withdrawal for nonsnowmaking purposes, provided that:

(i) the existing surface water withdrawal is both registered and reported to the Secretary pursuant to section 1042 of this title on an annual basis; and

(ii) no expansion of the existing surface water withdrawal occurs on or after January 1, 2023.

(B) For purposes of this subdivision (2), an expansion includes an increase in reported surface water withdrawal rate or volume or increase in reported capacity of the system.

(f) Surface water withdrawals for snowmaking.

(1) Existing withdrawals. Existing surface water withdrawals for snowmaking purposes that have been reviewed and approved pursuant to subchapter 3 of this chapter shall not require additional technical review by the Secretary under this subchapter, provided that the approved snowmaking activity is operated in compliance with the terms and conditions of the Secretary's approval. For such activities, the Secretary may issue a permit under the rules adopted pursuant to this subchapter.

(2) New withdrawals. Proposed surface water withdrawals for new snowmaking activities that require review pursuant to subchapter 3 of this chapter shall be reviewed by the Secretary in accordance with the rules adopted pursuant to section 1032 of this title. If the Secretary determines that the proposed activity is consistent with those rules, the Secretary shall issue a permit required by section 1043 of this section for that activity.

(g) Enforcement.

(1) The Secretary may require a person to obtain a permit under this subchapter when the Secretary, in the Secretary's discretion, determines that a withdrawal or other action circumvents the requirements of this subchapter.

(2) If the Secretary finds that a withdrawal subject to this subchapter results in the construction, installation, operation, or maintenance of any facility or condition that results in or can reasonably be expected to result in a violation of the Vermont Water Quality Standards, the Secretary may issue an order establishing reasonable and proper methods and procedures for the control of that activity in order to reduce or eliminate the violation.

(h) Reservation. Nothing in this subchapter shall be interpreted to supersede, limit, or otherwise effect the Secretary's authority to take action pursuant to section 1272 of this title or other applicable provision of law or rule.
10 V.S.A. § 2750 — VT Code / Title 10 / Chapter 87 / Section 2750
§ 2750. Harvesting guidelines and procurement standards
Status: in_force

(a) The Commissioner of Forests, Parks and Recreation (the Commissioner) shall develop voluntary harvesting guidelines that may be used by private landowners to help ensure long-term forest health and sustainability. The Commissioner may also recommend monitoring regimes as part of these guidelines. In developing these guidelines, the Commissioner shall:

(1) provide widespread public notice of the process to develop the guidelines;

(2) provide opportunities for potentially affected individuals, business organizations, and members of the public to submit recommendations on the specific content of the guidelines prior to their development and to comment on a draft of the guidelines once the draft is developed;

(3) hold one or more public meetings; and

(4) maintain a web page concerning the development of these guidelines that provides notice of all opportunities for public comment and all public meetings on the guidelines and posts relevant information and the documents submitted to and created by the Department of Forests, Parks and Recreation as part of the process.

(b) For contracts to harvest wood products on State lands, the Commissioner shall ensure all such harvests are consistent with the purpose of the guidelines developed under subsection (a) of this section, with the objective being long-term forest health and sustainability in addition to other management objectives.

(c) The Commissioner shall develop a procurement standard that shall be used by all State agencies and departments in procuring wood products from whole-tree harvests in Vermont. The procurement standard shall include specifications on the retention of live and dead trees.

(d) The procurement standard developed under this section shall be made available to Vermont educational institutions and other users of wood products for their voluntary use.

(e) Working with regional governmental organizations such as the New England Governors' Conference, Inc. and the Coalition of Northeastern Governors, the Commissioner shall seek to develop and implement regional voluntary harvesting guidelines and a model procurement standard that can be implemented regionwide, consistent with the application of the guidelines and standards developed under this section.
10 V.S.A. § 1631 — VT Code / Title 10 / Chapter 55 / Section 1631
§ 1631. Transfer of funds
Status: in_force

The Commissioner of the Department, with the approval of the Secretary of Natural Resources, the Secretary of Administration, and the Emergency Board, may transfer any unexpended balance of funds between a municipal pollution control or water supply planning or construction and storm water separation project authorized under this chapter if, in his or her judgment, financial or economic conditions are such that the best interests of the State would be served thereby.
10 V.S.A. § 8016 — VT Code / Title 10 / Chapter 201 / Section 8016
§ 8016. Rulemaking
Status: in_force

The Secretary, in consultation with the Land Use Review Board, shall adopt rules defining classes of violations and an appropriate range of administrative penalties to be assessed for each class of violation. The classes of violation and range of penalties shall take into account the degree of potential impact on public health, safety, and welfare and the environment resulting from the violation. No administrative penalty may be assessed as part of an administrative order pursuant to this chapter until applicable rules and procedures have been adopted.
10 V.S.A. § 563 — VT Code / Title 10 / Chapter 23 / Section 563
§ 563. Confidential records; penalty
Status: in_force

(a) Confidential records. The Secretary shall not withhold emissions data and emission monitoring data from public inspection or review. The Secretary shall keep confidential any record or other information furnished to or obtained by the Secretary concerning an air contaminant source, other than emissions data and emission monitoring data, that qualifies as a trade secret pursuant to 1 V.S.A. § 317(c)(9).

(b) Penalty. A person who knowingly violates this section shall be fined not to exceed $100.00.
10 V.S.A. § 4405 — VT Code / Title 10 / Chapter 107 / Section 4405
§ 4405. Publication
Status: in_force

(a) Proclamations made under the provisions of section 4401 or 4402 of this title shall be published in such newspapers of the State and posted in such places and in such manner as the Governor may order. A copy of such publication and order, attested by the Secretary of Civil and Military Affairs, shall be filed with the Secretary of State and a like copy shall be furnished to the Secretary who shall attend to the publication and posting thereof. The expenses of such publication and posting shall be paid by the Secretary and the Commissioner of Finance and Management shall issue his or her warrant therefor.

(b) The certificate of the Secretary that she or he has complied with the order of the Governor in respect to the publication shall be prima facie evidence of the promulgation of such proclamation.
10 V.S.A. § 4507 — VT Code / Title 10 / Chapter 109 / Section 4507
§ 4507. Costs of condemnation
Status: in_force

Upon condemnation of such firearm, jack, light, vehicle, or device, any and all persons before such court, pursuant to the provisions of sections 4505 and 4506 of this title, shall be liable to pay the costs of the condemnation proceedings, if, in the judgment of such court, any of them by themselves, clerks, servants, or agents, shall have been engaged in, aided in, assisted in, or abetted in the unlawful use of such firearm, jack, light, vehicle, or device in violation of the provisions hereof, or have been privy thereto, or have knowingly permitted the use of the same by them owned or controlled, for such unlawful purposes.
10 V.S.A. § 1258 — VT Code / Title 10 / Chapter 47 / Section 1258
§ 1258. Management of waters after classification, enforcement
Status: in_force

(a) After the classification of any waters has been determined by the Secretary, those waters shall be managed under the supervision of the Secretary in order to obtain and maintain the classification established. The Secretary may enforce a classification against any person affected thereby who, with notice of the classification, has failed to comply. An action to enforce a classification shall be brought in the Superior Court of the county wherein the affected waters are located.

(b) The Secretary shall manage discharges to the waters of the State by administering a permit program consistent with the National Pollutant Discharge Elimination System established by section 402 of Public Law 92-500 and with the guidelines promulgated in accordance with section 304(h)(2) of Public Law 92-500. The Secretary shall use the full range of possibilities and variables allowable under these sections of Public Law 92-500, including general permits, as are consistent with meeting the objectives of the Vermont Water Pollution Control Program. The Secretary shall adopt a continuing planning process approvable under section 303(e) of Public Law 92-500. Neither the Secretary nor his or her duly authorized representative may receive or during the previous two years have received a significant portion of his or her income directly or indirectly from permit holders or applicants for a permit under this chapter.
10 V.S.A. § 730 — VT Code / Title 10 / Chapter 31 / Section 730
§ 730. Effect of termination
Status: in_force

Upon issuance of a certificate of dissolution under the provisions of this chapter, all ordinances and rules previously adopted and in force within such districts shall be of no further force and effect. All contracts previously entered into, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. The State Natural Resources Conservation Council shall have the right to be substituted for the district or supervisors as party to such contracts and, if it elects, the Council shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, to sue and be sued thereon, and to modify or terminate such contracts by mutual consent or otherwise, as the supervisors of the district would have had. Such dissolution shall not affect the lien of any judgment entered under the provisions of this chapter, nor the pendency of any action instituted under the provisions of this chapter, and the Council shall succeed to all the rights and obligations of the district or supervisors as to such liens and actions.
10 V.S.A. § 4403 — VT Code / Title 10 / Chapter 107 / Section 4403
§ 4403. Suspension period
Status: in_force

A proclamation issued under section 4402 of this title shall continue in force until such date as is specified in the proclamation or until the Governor shall recall it or, if no expiration date is specified or recalling proclamation issued, until, but in no instance beyond, the convening of the next regular session of the General Assembly.
10 V.S.A. § 2622a — VT Code / Title 10 / Chapter 83 / Section 2622a
§ 2622a. Water Quality Assistance Program
Status: in_force

(a) Creation of program. There is established the Water Quality Assistance Program under which the Commissioner of Forests, Parks and Recreation shall provide technical and financial assistance to timber harvesters and others for compliance with water quality requirements in the State. The Commissioner of Forests, Parks and Recreation shall coordinate with natural resources conservation districts in the implementation of the Program.

(b) Eligible assistance. Under the Program, the Commissioner of Forests, Parks and Recreation is authorized to expend monies for the following activities in order to facilitate compliance with water quality requirements:

(1) Award financial assistance in the form of grants to timber harvesters and others to purchase or construct skidder bridges and other equipment.

(2) Purchase premade skidder bridges and other equipment to loan or lease to timber harvesters and others.

(3) Purchase available, premade skidder bridges and other equipment and provide those bridges or equipment to cooperating processing plants for sale to timber harvesters and others at cost, subject to storage and handling fees.

(4) If premade skidder bridges are not available on the commercial market, issue in a calendar year two requests for proposal for the construction of skidder bridges for delivery to cooperating processing plants for sale to timber harvesters and others at cost, subject to storage and handling fees. The Commissioner shall issue one request for proposal for the northern part of the State and one request for proposal for the southern part of the State.

(c) Financial assistance. An applicant for a grant under this section shall pay at least 10 percent of the total cost of the equipment. The dollar amount of a State grant shall be equal to the total cost of the equipment, less 10 percent of the total as paid by the applicant. A grant awarded under this section shall be awarded in accordance with terms and conditions established by the Commissioner.

(d) Spill kit. The Commissioner shall provide a person who purchases, constructs, or loans out a skidder bridge under subsection (b) of this section with a spill kit for containing or absorbing fluids released during timber harvesting activities.
10 V.S.A. § 7063 — VT Code / Title 10 / Chapter 162 / Section 7063
§ 7063. Compensation of Commission members; report
Status: in_force

Each Commission member and alternate is entitled to compensation at a rate established by the Governor, and for reimbursement for actual and necessary expenses incurred in the performance of his or her duties. If a State employee is appointed as a Commission member or an alternate, that State employee is not entitled to compensation in addition to such employee's regular pay. At least annually by December 31, Commission members and alternates appointed under this section shall report to the Governor and the Commissioner of Public Service on their activities conducted in representing the State on the Commission. The report shall include an itemization of compensation paid and expenses incurred. Compensation and expenses of Commission members and alternates shall be included in the annual budget of the Department of Public Service and shall be specifically identified in the budget report filed pursuant to 32 V.S.A. §§ 306 and 307.
10 V.S.A. § 217a — VT Code / Title 10 / Chapter 12 / Section 217a
§ 217a. Application
Status: in_force

Among such other things as may be required by the Authority, any application for financing under this chapter shall state in detail on the application the nature and purpose of the business and its products for which the loan or revenue bonds are intended to benefit.
10 V.S.A. § 6001e — VT Code / Title 10 / Chapter 151 / Section 6001e
§ 6001e. Commercial composting facility; circumvention
Status: in_force

Notwithstanding subdivisions 6001(3)(D)(vii)(I)-(VI) of this title, a permit under this chapter may be required for the construction of improvements below the elevation of 2,500 feet for the onsite storage, preparation, and sale of compost if the Chair of the District Commission, based on the information available to the Chair, determines that action has been taken to circumvent the requirements of this chapter.
10 V.S.A. § 7112 — VT Code / Title 10 / Chapter 164 / Section 7112
§ 7112. Public education and outreach
Status: in_force

(a) The Agency and the Department of Health, in concert with other relevant State agencies, may implement a comprehensive public education, outreach, and assistance program for households, hazardous waste generators, municipalities, and solid waste management districts, small businesses, health care facilities, scrap metal facilities, dismantlers, institutions, schools, and other interested groups. These public education, outreach, and assistance programs should focus on the hazards of mercury, particularly those associated with the consumption of fresh and saltwater fish; the requirements and obligations of individuals, manufacturers, and agencies under this chapter; and voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment. These programs may also provide information to retailers, wholesalers, and the public on what products contain mercury, including those considered to be banned novelty items under section 7105 of this title; information on possible nonmercury alternatives; and information on products that do contain mercury, but may be environmentally beneficial. The Agency shall cooperate with manufacturers of mercury-added products and other affected businesses in the development and implementation of any public education and technical assistance programs. The Agency and the Department of Health may assist the municipalities and solid waste management districts in developing, designing, and disseminating information for the public about mercury-added products, the requirements of the law regarding the source separation of waste mercury-added products, and the collection programs that are available to the public, including any manufacturer-based reverse distribution system. A component of this information may be directed specifically at large public and private institutions that use and discard substantial numbers of waste mercury-added products and at any other large users of those products.

(b) The Agency shall cooperate with neighboring states and provinces and regional organizations in the northeastern United States and Canada to develop any outreach, assistance, and education programs, where appropriate.

(c) The Agency may develop an awards program to recognize the accomplishments of manufacturers, municipalities, solid waste management facilities, solid waste recycling facilities, household hazardous waste collection facilities, citizens, or others who go beyond the minimum requirements established under this chapter, and excel at reducing or eliminating mercury in air emissions, solid waste, and wastewater discharges.
10 V.S.A. § 1424 — VT Code / Title 10 / Chapter 49 / Section 1424
§ 1424. Use of public waters
Status: repealed

(a) The Secretary may establish rules to implement the provisions of this chapter, including:

(1) Rules to regulate the use of public waters of the State by:

(A) defining areas on public waters wherein certain uses may be conducted;

(B) defining the uses which may be conducted in the defined areas;

(C) regulating the conduct in these areas, including the size of motors allowed, size of boats allowed, allowable speeds for boats, and prohibiting the use of motors or houseboats;

(D) regulating the time various uses may be conducted.

(2) Rules to govern the surface levels of lakes, ponds, and reservoirs that are public waters of the State.

(b) The Secretary in establishing rules under subdivision (a)(2) of this section shall consider the size and flow of the navigable waters, the predominant use of adjacent lands, the depth of the water, the predominant use of the waters prior to regulation, the uses for which the water is adaptable, the availability of fishing, boating, and bathing facilities, the scenic beauty, and recreational uses of the area.

(c) The Secretary shall attempt to manage the public waters so that the various uses may be enjoyed in a reasonable manner, in the best interests of all the citizens of the State. To the extent possible, the Secretary shall provide for all normal uses.

(d) [Repealed.]

(e) On receipt of a written request that the Secretary adopt, amend, or repeal a rule with respect to the use of public waters signed by not less than one person, the Secretary shall consider the adoption of rules authorized under this section and take appropriate action as required under 3 V.S.A. § 806.

(f) By rule, the Secretary may delegate authority under this section for the regulation of public waters where:

(1) The delegation is to a municipality that is adjacent to or which contains the water; and

(2) The municipality accepts the delegation by creating or amending a bylaw or ordinance for regulation of the water. Appeals from a final act of the municipality under the bylaw or ordinance shall be taken to the Environmental Division. The Secretary may terminate a delegation for cause or without cause upon six months' notice to the municipality.
10 V.S.A. § 280b — VT Code / Title 10 / Chapter 12 / Section 280b
§ 280b. The Vermont sustainable jobs strategy
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) In deciding whether to provide financial assistance to an applicant, the Authority, after determining that a project meets its credit underwriting standards, shall take into account the criteria outlined in this section, the overall benefits of the project to the State and to the community in which it is proposed to be located, the amount of assistance requested, and the availability of Authority resources to fund the request.
10 V.S.A. § 7557 — VT Code / Title 10 / Chapter 166 / Section 7557
§ 7557. Recycler program responsibility
Status: in_force

(a) Recycler registration.

(1) Beginning July 1, 2011, no person may recycle electronic waste at a facility located within the State unless that person has submitted a registration with the Agency of Natural Resources on a form prescribed by the Agency. A registration is effective upon receipt by the Agency and is valid for a period not to exceed five years. An electronics recycling facility registered under this section is not required to obtain a solid waste certification pursuant to chapter 159 of this title. Registration information shall include:

(A) the name, address, telephone number, and location of all recycling facilities under the direct control of the recycler that may receive electronic waste;

(B) evidence that the financial assurance requirements of section 6611 of this title have been satisfied.

(2) A registration shall be amended within 10 days after a change to any information included in the registration submitted by the recycler under this section.

(b) Recycler's reporting requirements. Beginning August 1, 2012, a recycler of electronic waste shall report by August 1 and annually thereafter to the Agency of Natural Resources on a form provided by the Agency the type of electronic waste collected, the total weight of electronic waste recycled during the preceding program year, and whether electronic waste was collected under the Standard Plan or an approved individual plan. In the annual report, the recycler shall certify that the recycler has complied with the electronic management guidelines developed under subdivision 7559(7) of this title.
10 V.S.A. § 497 — VT Code / Title 10 / Chapter 21 / Section 497
§ 497. Removal of signs
Status: in_force

The owner of a sign that is not licensed under this chapter and that is not a legal on-premises or exempt sign meeting the requirements set forth in this chapter, other than a sign that was lawfully erected and maintained prior to March 23, 1968, shall be in violation of this chapter until it is removed. The Travel Information Council, or the Secretary of Transportation or designee pursuant to authority delegated by the Council, may, upon failure of the owner to remove such sign, order its removal by the Agency of Transportation, and the Agency of Transportation shall thereupon remove the sign without notice or further proceeding, at the expense of the owner. The expense may be recovered by the State in an action on this statute, that shall be instituted in the Superior Court in the unit for the area in which the sign is located. A copy of the notice of removal shall be sent by certified mail to the owner at the last known address. If an illegal sign is re-erected after the initial removal notice is executed, the Agency of Transportation shall have the authority to remove that illegal sign without additional prior notice to the owner. The Agency of Transportation or the legislative body of a municipality shall have the authority to remove or relocate, or both, without prior notice, any sign, device, or display that is temporary in nature and not affixed to a substantive structure that is erected within 24.75 feet of the actual centerline of any highway under its jurisdiction and within the public highway right-of-way.
10 V.S.A. § 487 — VT Code / Title 10 / Chapter 21 / Section 487
§ 487. Other information
Status: in_force

The Agency of Commerce and Community Development shall provide travel information regarding the location of available public accommodations, commercial services for the traveling public and other businesses, and points of scenic, historic, and cultural interest. It may include in guidebooks and other published materials, paid advertising, identified as such. This information shall be made available to the general public at places the Agency may find desirable, such as interstate rest areas, information plazas, information centers and booths, service stations and garages, hotels, motels, and restaurants, historical attractions, and education facilities, using the most appropriate methods and means, such as publications, audio/visual, computer, and telephone.
10 V.S.A. § 1264b — VT Code / Title 10 / Chapter 47 / Section 1264b
§ 1264b. Stormwater Fund
Status: in_force

(a) A fund to be known as the Stormwater Fund is created in the State Treasury to be expended by the Secretary of Natural Resources. The Fund shall be administered by the Secretary of Natural Resources. The Fund shall consist of:

(1) stormwater impact fees paid by permittees to meet applicable permitting standards for the discharges of regulated stormwater runoff to the stormwater-impaired waters of the State and Lake Champlain and waters that contribute to the impairment of Lake Champlain;

(2) such sums as may be appropriated or transferred to the Fund by the General Assembly, the State Emergency Board, or the Joint Fiscal Committee during such times when the General Assembly is not in session;

(3) principal and interest received from the repayment of loans made from the Fund;

(4) private gifts, bequests, and donations made to the State for any of the purposes for which the Fund was established; and

(5) other funds from any public or private source intended for use for any of the purposes for which the Fund has been established.

(b) The Fund shall maintain separate accounts for each stormwater-impaired water and each phosphorus-impaired lake segment of Lake Champlain and the monies in each account may only be used to fund offsets in the designated water. Offsets shall be designed to reduce the sediment load, phosphorus load, or hydrologic impact of regulated stormwater runoff in the receiving water. All balances in the Fund at the end of any fiscal year shall be carried forward and remain a part of the Fund. Interest earned by the Fund shall be deposited into the Fund.

(c) The Secretary may authorize disbursements from the Fund to offsets that meet the requirements of the rule adopted pursuant to subsection 1264(f) of this title. The public funds used to capitalize the Fund shall:

(1) be disbursed only to an offset that is owned or operated by a municipality or a governmental subdivision, agency, or instrumentality; and

(2) be disbursed only to reimburse a municipality or a governmental subdivision, agency, or instrumentality for those funds provided by the municipality or governmental subdivision, agency, or instrumentality to complete or construct an offset.

(d) A municipality or governmental subdivision, agency, or instrumentality may, on an annual basis, reserve capacity in an offset that the municipality or governmental subdivision, agency, or instrumentality operates or owns and that meets the requirements of the rule adopted pursuant to subsection 1264(f) of this title. A municipality or governmental subdivision, agency, or instrumentality reserving offset capacity shall inform the Secretary of the offset capacity for which the offset will not receive disbursements from the Fund for nonmunicipal discharges.

(e) Eligible persons may apply for a grant from the Fund to design and implement an offset. The Fund may be used to match other public and private sources of funding for such projects.

(f) A discharger that pays a stormwater impact fee to the Fund in order to receive a permit for the discharge of regulated stormwater runoff may receive reimbursement of that fee if the discharger fails to discharge under the stormwater discharge permit, if the discharger notifies the Secretary of the abandonment of the discharge permit, and if the Secretary determines that unobligated monies for reimbursement remain in the Fund.
10 V.S.A. § 1522 — VT Code / Title 10 / Chapter 53 / Section 1522
§ 1522. Beverage containers; deposit
Status: repealed

(a) Except with respect to beverage containers that contain liquor, a deposit of not less than five cents shall be paid by the consumer on each beverage container sold at the retail level and refunded to the consumer upon return of the empty beverage container. With respect to beverage containers of volume greater than 50 ml. that contain liquor, a deposit of 15 cents shall be paid by the consumer on each beverage container sold at the retail level and refunded to the consumer upon return of the empty beverage container. The difference between liquor bottle deposits collected and refunds made is hereby retained by the Liquor Control Enterprise Fund for administration of this subsection.

(b) A retailer or a person operating a redemption center who redeems beverage containers shall be reimbursed by the manufacturer or distributor of such beverage containers in an amount that is three and one-half cents per container for containers of beverage brands that are part of a commingling program and four cents per container for containers of beverage brands that are not part of a commingling program.

(c) [Repealed.]

(d) Containers shall be redeemed during no fewer than 40 hours per week during the regular operating hours of the establishment.