10 V.S.A. § 2803 — VT Code / Title 10 / Chapter 89 / Section 2803
§ 2803. Conserved land inventory
Status: in_force

(a) On or before July 1, 2024, the Vermont Housing and Conservation Board, in consultation with the Secretary, shall create an inventory of Vermont's conserved land and conservation policies to serve as the basis of meeting the conservation goals of Vermont Conservation Design and to meet the goals established in section 2802 of this title. The inventory shall be submitted for review to the House Committees on Environment and on Agriculture, Food Resiliency, and Forestry and the Senate Committee on Natural Resources and Energy.

(b) The inventory shall include:

(1) A review of the three conservation categories defined in section 2801 of this title and suggestions for developing any modifications or additions to these categories that maintain or complement the core concepts of ecological reserve areas, biodiversity conservation areas, and natural resource management areas in order to complete the conserved land inventory and inform the comprehensive strategy in the conservation plan. As part of this review, criteria shall be developed to determine the types of agricultural lands that will qualify as supporting and restoring biodiversity and therefore count towards the natural resource management area category.

(2) The amount of conserved land in Vermont that fits into each of the three conservation categories defined in section 2801 of this title, including public and private land. The inventory shall also include other lands permanently protected from development by fee ownership or subject to conservation easements.

(3) A summary of the totality of conservation practices, both permanent and intermediate, available for reaching the goals of this chapter, including what they are, what they do, how they contribute, and what metrics are available to quantify them.

(4) An assessment of how State lands will be used to increase conserved ecological reserve areas.

(5) The implementation methods that could be utilized for achieving the goals of this chapter using Vermont Conservation Design as a guide.

(6) A review of how aquatic systems are currently conserved or otherwise protected in the State, including a description of the benefits land conservation provides for aquatic systems, whether this is sufficient to maintain aquatic system functions and services, and how the implementation methods for achieving the goals of this chapter using Vermont Conservation Design as a guide would include specific strategies for protecting aquatic system health.

(7) How existing programs will be used to meet the conservation goals of this chapter and recommendations for new programs, if any, that will be needed to meet the goals.

(8) An assessment of existing funding and recommendations for new funding sources that will be needed for acquisition of land, purchase or donation of conservation easements, staffing capacity, and long-term stewardship to meet the goals.

(9) An equity assessment of existing land protection and conservation strategies and programs.

(10) An evaluation of the opportunities related to intergenerational land transfer trends and how the State could proactively direct resources to achieve conservation at the time of transfer.
10 V.S.A. § 686 — VT Code / Title 10 / Chapter 29 / Section 686
§ 686. Eligibility, application, allocation of funds
Status: in_force

(a) All funds allocated to the State, except for an amount not exceeding the maximum allowable under the Federal Act available to the State for administrative costs, shall be allocated to municipalities in an equitable and efficient manner.

(b) All municipalities, except for entitlement municipalities, shall be eligible to apply for and receive funds under this subchapter.

(c) Entitlement municipalities shall not be eligible to apply for and receive funds under this subchapter. Entitlement municipalities shall, however, have the authority to apply for and receive funds and to implement and administer a community development program as otherwise provided in the Federal Act, and this subchapter shall not be construed in any way to limit that authority.

(d) The Agency shall solicit applications from eligible municipalities. Any eligible municipality desiring to receive funds under this subchapter shall complete and submit an application in a manner as shall be prescribed by the Secretary. The Agency may require a third party credit analysis as part of the application. The applicant municipality shall pay a fee to cover the actual cost of the analysis to be deposited in a special fund that shall be managed pursuant to 32 V.S.A. subchapter 5 of chapter 7 and be available to the Agency to pay the actual cost of the analysis.

(e) The Board shall evaluate the relative merits of the applications using the allocation system established under this subchapter and make recommendations to the Secretary as to which applications merit funding.

(f) The Secretary shall review the recommendations of the board and make the final awards for grants-in-aid.
10 V.S.A. § 2653 — VT Code / Title 10 / Chapter 83 / Section 2653
§ 2653. Designation of municipal forest
Status: in_force

A town owning a tract of land may have the same examined without cost by the Commissioner of Forests, Parks and Recreation for the purpose of determining whether the same is suitable for a municipal forest. If, upon such examination, he or she decides that it is suitable for such purposes, it shall be designated as municipal forest and he or she shall give advice as to the subsequent management thereof.
10 V.S.A. § 1929a — VT Code / Title 10 / Chapter 59 / Section 1929a
§ 1929a. Standards for aboveground storage tanks
Status: in_force

(a) On or before December 31, 2011, the Secretary shall adopt rules addressing the design and proper installation of aboveground storage tanks.

(b) After January 1, 2012, no person shall offer for sale, install, or substantially improve an aboveground storage tank that does not meet the standards adopted by the Secretary under subsection (a) of this section.

(c) On or before July 1, 2017, the Secretary shall adopt rules for the inspection of aboveground storage tanks. The rules shall include, at a minimum, the following:

(1) when installation of secondary containment systems for types of aboveground storage tanks is required, the required specifications of the systems, and the process for installation of the systems;

(2) the protocol to be followed and the criteria to be reviewed in the performance of inspections required under this section, including:

(A) the appropriate methods to document the age of tanks installed on or after July 1, 2017;

(B) the frequency of required tank inspections;

(C) requirements for the tagging or marking of tanks and tank fill pipes when tanks are determined to be noncompliant with the requirements of this section or the rules adopted by the Secretary under this section;

(3) an updated checklist to be used in the performance of inspections required under this section or the rules adopted by the Secretary under this section;

(4) training and certification requirements for tank inspectors;

(5) the protocol to address tanks identified as noncompliant with the inspection criteria established by the rules adopted by the Secretary under this section; and

(6) requirements for the reuse of an aboveground storage tank removed under the requirement of subsection (g) of this section.

(d) A fuel supplier shall inspect an aboveground storage tank in accordance with the requirements of this chapter and the rules adopted by the Secretary pursuant to subsection (c) of this section.

(e) The Secretary shall maintain a database of tanks that have been determined to be noncompliant with the requirements of this section or the rules adopted by the Secretary pursuant to subsection (c) of this section. The database shall be accessible to the public.

(f) No person shall deliver heating fuel to an aboveground storage tank that has been visibly designated as noncompliant with the requirements of this chapter.

(g) If the owner of any aboveground storage tank that serves a structure converts the type of fuel used for the structure from fuel oil or kerosene to natural gas so that the structure is no longer served for any purpose by the aboveground storage tank, the owner shall have the aboveground storage tank used to store fuel oil or kerosene and any fill pipes removed at the same time as the conversion. As used in this subsection, “structure” means any assembly of materials that is intended for occupancy or use by a person and that has at least three walls and a roof.
10 V.S.A. § 1006 — VT Code / Title 10 / Chapter 41 / Section 1006
§ 1006. Certification of hydroelectric projects; application process
Status: in_force

(a) As used in this section:

(1) “Bypass reach” means that area in a waterway between the initial point where water has been diverted through turbines or other mechanical means for the purpose of water-powered generation of electricity and the point at which water is released into the waterway below the turbines or other mechanical means of electricity generation.

(2) “Conduit” means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar constructed water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.

(3) “Hydroelectric project” means a facility, site, or conduit planned or operated for the generation of water-powered electricity that has a generation capacity of no more than 1 megawatt and does not create a new impoundment.

(4) “Impoundment” means “riverine impoundment” as defined in the Vermont water quality standards adopted pursuant to chapter 47 and subdivision 6025(d)(3) of this title.

(b) On or before December 15, 2009, the Agency of Natural Resources, after opportunity for public review and comment, shall adopt by procedure an application process for the certification of hydroelectric projects in Vermont under Section 401 of the federal Clean Water Act.

(c) The application process adopted by the Agency of Natural Resources under subsection (b) of this section may include an application form for a federal Clean Water Act Section 401 certification for a hydroelectric project that meets the requirements of the Vermont water pollution control permit rules. The application form may require information addressing:

(1) a description of the proposed hydroelectric project and the impact of the project on the watershed;

(2) the preliminary terms and conditions that an applicant shall be subject to if a federal Clean Water Act Section 401 certification is issued for a proposed hydroelectric project; and

(3) time frames for the Agency of Natural Resources review of and response to an application for a federal Clean Water Act Section 401 certification of a hydroelectric project.

(d) In adopting the Clean Water Act Section 401 certification application process required by subsection (b) of this section, the Agency may, consistent with its authority to waive certifications under 33 U.S.C. § 1341(a)(1), adopt an expedited certification process for:

(1) hydroelectric projects when data provided by an applicant provide reasonable assurance that the project will comply with the State water quality standards;

(2) hydroelectric projects utilizing conduits; hydroelectric projects without a bypass reach; and hydroelectric projects with a de minimis bypass reach, as defined by the Agency of Natural Resources; and

(3) previously certified hydroelectric projects operating in compliance with the terms of a Clean Water Act Section 401 certification as demonstrated by existing administrative, monitoring, reporting, or enforcement data.
10 V.S.A. § 7069 — VT Code / Title 10 / Chapter 162 / Section 7069
§ 7069. Texas Low-Level Radioactive Waste Disposal Compact
Status: in_force

The General Assembly ratifies the Texas Low-Level Radioactive Waste Disposal Compact to provide access to facilities in the State of Texas for the permanent disposal of all low-level radioactive waste. The text is as follows:

TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT

Article I. Policy and Purpose

Sec. 1.01. The party states recognize a responsibility for each state to seek to manage low-level radioactive waste generated within its boundaries, pursuant to the Low-Level Radioactive Waste Policy Act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. Secs. 2021b-2021j). They also recognize that the United States Congress, by enacting the Act, has authorized and encouraged states to enter into compacts for the efficient management and disposal of low-level radioactive waste. It is the policy of the party states to cooperate in the protection of the health, safety, and welfare of their citizens and the environment and to provide for and encourage the economical management and disposal of low-level radioactive waste. It is the purpose of this compact to provide the framework for such a cooperative effort; to promote the health, safety, and welfare of the citizens and the environment of the party states; to limit the number of facilities needed to effectively, efficiently, and economically manage low-level radioactive waste and to encourage the reduction of the generation thereof; and to distribute the costs, benefits, and obligations among the party states; all in accordance with the terms of this compact.

Article II. Definitions

Sec. 2.01. As used in this compact, unless the context clearly indicates otherwise, the following definitions apply:

(1) “Act” means the Low-Level Radioactive Waste Policy Act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. Secs. 2021b-2021j).

(2) “Commission” means the Texas Low-Level Radioactive Waste Disposal Compact Commission established in Article III of this compact.

(3) “Compact facility” or “facility” means any site, location, structure, or property located in and provided by the host state for the purpose of management or disposal of low-level radioactive waste for which the party states are responsible.

(4) “Disposal” means the permanent isolation of low-level radioactive waste pursuant to requirements established by the United States Nuclear Regulatory Commission and the United States Environmental Protection Agency under applicable laws, or by the host state.

(5) “Generate,” when used in relation to low-level radioactive waste, means to produce low-level radioactive waste.

(6) “Generator” means a person who produces or processes low-level radioactive waste in the course of its activities, excluding persons who arrange for the collection, transportation, management, treatment, storage, or disposal of waste generated outside the party states, unless approved by the Commission.

(7) “Host county” means a county in the host state in which a disposal facility is located or is being developed.

(8) “Host state” means a party state in which a compact facility is located or is being developed. The State of Texas is the host state under this compact.

(9) “Institutional control period” means that period of time following closure of the facility and transfer of the facility license from the operator to the custodial agency in compliance with the appropriate regulations for long-term observation and maintenance.

(10) “Low-Level Radioactive Waste” has the same meaning as that term is defined in Section 2(9) of the Act (42 U.S.C. Sec. 2021b(9)), or in the host state statute so long as the waste is not incompatible with management and disposal at the compact facility.

(11) “Management” means collection, consolidation, storage, packaging, or treatment.

(12) “Operator” means a person who operates a disposal facility.

(13) “Party state” means any state that has become a party in accordance with Article VII of this Compact. Texas, Maine, and Vermont are initial party states under this Compact.

(14) “Person” means an individual, corporation, partnership, or other legal entity, whether public or private.

(15) “Transporter” means a person who transports low-level radioactive waste.

Article III. The Commission

Sec. 3.01. There is hereby established the Texas Low-Level Radioactive Waste Disposal Compact Commission. The Commission shall consist of one voting member from each party state except that the host state shall be entitled to six voting members. Commission members shall be appointed by the party state governors, as provided by the laws of each party state. Each party state may provide alternates for each appointed member.

Sec. 3.02. A quorum of the Commission consists of a majority of the members. Except as otherwise provided in this compact, an official act of the Commission must receive the affirmative vote of a majority of its members.

Sec. 3.03. The Commission is a legal entity separate and distinct from the party states and has governmental immunity to the same extent as an entity created under the authority of Article XVI, Section 59, of the Texas Constitution. Members of the Commission shall not be personally liable for actions taken in their official capacity. The liabilities of the Commission shall not be deemed liabilities of the party states.

Sec. 3.04. The Commission shall:

(1) Compensate its members according to the host state's law.

(2) Conduct its business, hold meetings, and maintain public records pursuant to laws of the host state, except that notice of public meetings shall be given in the nonhost party states in accordance with their respective statutes.

(3) Be located in the capital city of the host state.

(4) Meet at least once a year and upon the call of the Chair, or any member. The Governor of the host state shall appoint a Chair and Vice Chair.

(5) Keep an accurate account of all receipts and disbursements. An annual audit of the books of the commission shall be conducted by an independent certified public accountant, and the audit report shall be made a part of the annual report of the Commission.

(6) Approve a budget each year and establish a fiscal year that conforms to the fiscal year of the host state.

(7) Prepare, adopt, and implement contingency plans for the disposal and management of low-level radioactive waste in the event that the compact facility should be closed. Any plan which requires the host state to store or otherwise manage the low-level radioactive waste from all the party states must be approved by at least four host state members of the Commission. The Commission, in a contingency plan or otherwise, may not require a nonhost party state to store low-level radioactive waste generated outside the state.

(8) Submit communications to the governors and to the presiding officers of the legislatures of the party states regarding the activities of the Commission, including an annual report to be submitted on or before January 31 of each year.

(9) Assemble and make available to the party states, and to the public, information concerning low-level radioactive waste management needs, technologies, and problems.

(10) Keep a current inventory of all generators within the party states, based upon information provided by the party states.

(11) By no later than 180 days after all members of the Commission are appointed under Section 3.01 of this article, establish by rule the total volume of low-level radioactive waste that the host state will dispose of in the compact facility in the years 1995-2045, including decommissioning waste. The shipments of low-level radioactive waste from all nonhost party states shall not exceed 20 percent of the volume estimated to be disposed of by the host state during the 50-year period. When averaged over such 50-year period, the total of all shipments from nonhost party states shall not exceed 20,000 cubic feet a year. The Commission shall coordinate the volumes, timing, and frequency of shipments from generators in the nonhost party states in order to assure that over the life of this agreement shipments from the nonhost party states do not exceed 20 percent of the volume projected by the Commission under this paragraph.

Sec. 3.05. The Commission may:

(1) Employ staff necessary to carry out its duties and functions. The Commission is authorized to use to the extent practicable the services of existing employees of the party states. Compensation shall be as determined by the Commission.

(2) Accept any grants, equipment, supplies, materials, or services, conditional or otherwise, from the federal or state government. The nature, amount, and condition, if any, of any donation, grant, or other resources accepted pursuant to this paragraph and the identity of the donor or grantor shall be detailed in the annual report of the Commission.

(3) Enter into contracts to carry out its duties and authority, subject to projected resources. No contract made by the Commission shall bind a party state.

(4) Adopt, by a majority vote, bylaws and rules necessary to carry out the terms of this compact. Any rules promulgated by the Commission shall be adopted in accordance with the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).

(5) Sue and be sued and, when authorized by a majority vote of the members, seek to intervene in administrative or judicial proceedings related to this Compact.

(6) Enter into an agreement with any person, state, regional body, or group of states for the importation of low-level radioactive waste into the Compact for management or disposal, provided that the agreement receives a majority vote of the Commission. The Commission may adopt such conditions and restrictions in the agreement as it deems advisable.

(7) Upon petition, allow an individual generator, a group of generators, or the host state of the Compact, to export low-level radioactive waste to a low-level radioactive waste disposal facility located outside the party states. The Commission may approve the petition only by a majority vote of its members. The permission to export low-level radioactive waste shall be effective for that period of time and for the specified amount of low-level radioactive waste, and subject to any other term or condition, as is determined by the Commission.

(8) Monitor the exportation outside of the party states of material, which otherwise meets the criteria of low-level radioactive waste, where the sole purpose of the exportation is to manage or process the material for recycling or waste reduction and return it to the party states for disposal in the compact facility.

Sec. 3.06. Jurisdiction and venue of any action contesting any action of the Commission shall be in the United States District Court in the district where the Commission maintains its office.

Article IV. Rights, Responsibilities and Obligations of Party States

Sec. 4.01. The host state shall develop and have full administrative control over the development, management and operation of a facility for the disposal of low-level radioactive waste generated within the party states. The host state shall be entitled to unlimited use of the facility over its operating life. Use of the facility by the nonhost party states for disposal of low-level radioactive waste, including such waste resulting from decommissioning of any nuclear electric generation facilities located in the party states, is limited to the volume requirements of Section 3.04(11) of Article III.

Sec. 4.02. Low-level radioactive waste generated within the party states shall be disposed of only at the compact facility, except as provided in Section 3.05(7) of Article III.

Sec. 4.03. The initial states of this Compact cannot be members of another low-level radioactive waste compact entered into pursuant to the Act.

Sec. 4.04. The host state shall do the following:

(1) Cause a facility to be developed in a timely manner and operated and maintained through the institutional control period.

(2) Ensure, consistent with any applicable federal and host state laws, the protection and preservation of the environment and the public health and safety in the siting, design, development, licensing, regulation, operation, closure, decommissioning, and long-term care of the disposal facilities within the host state.

(3) Close the facility when reasonably necessary to protect the public health and safety of its citizens or to protect its natural resources from harm. However, the host state shall notify the commission of the closure within three days of its action and shall, within 30 working days of its action, provide a written explanation to the Commission of the closure, and implement any adopted contingency plan.

(4) Establish reasonable fees for disposal at the facility of low-level radioactive waste generated in the party states based on disposal fee criteria set out in Sections 402.272 and 402.273, Texas Health and Safety Code. The same fees shall be charged for the disposal of low-level radioactive waste that was generated in the host state and in the nonhost party states. Fees shall also be sufficient to reasonably support the activities of the Commission.

(5) Submit an annual report to the Commission on the status of the facility, including projections of the facility's anticipated future capacity, and on the related funds.

(6) Notify the Commission immediately upon the occurrence of any event that could cause a possible temporary or permanent closure of the facility and identify all reasonable options for the disposal of low-level radioactive waste at alternate compact facilities or, by arrangement and commission vote, at noncompact facilities.

(7) Promptly notify the other party states of any legal action involving the facility.

(8) Identify and regulate, in accordance with federal and host state law, the means and routes of transportation of low-level radioactive waste in the host state.

Sec. 4.05. Each party state shall do the following:

(1) Develop and enforce procedures requiring low-level radioactive waste shipments originating within its borders and destined for the facility to conform to packaging, processing, and waste form specifications of the host state.

(2) Maintain a registry of all generators within the state that may have low-level radioactive waste to be disposed of at the facility, including, but not limited to, the amount of low-level radioactive waste and the class of the low-level radioactive waste generated by each generator.

(3) Develop and enforce procedures requiring generators within its borders to minimize the volume of low-level radioactive waste requiring disposal. Nothing in this Compact shall prohibit the storage, treatment, or management of waste by a generator.

(4) Provide the Commission with any data and information necessary for the implementation of the Commission's responsibilities, including taking those actions necessary to obtain this data or information.

(5) Pay for community assistance projects designated by the host county in an amount for each nonhost party state equal to 10 percent of the payment provided for in Article V for each such state. One-half of the payment shall be due and payable to the host county on the first day of the month following ratification of this compact agreement by Congress and one-half of the payment shall be due and payable on the first day of the month following the approval of a facility operating license by the host state's regulatory body.

(6) Provide financial support for the Commission's activities prior to the date of facility operation and subsequent to the date of Congressional ratification of this Compact under Section 7.07 of Article VII. Each party state will be responsible for annual payments equaling its pro rata share of the Commission's expenses, incurred for administrative, legal, and other purposes of the Commission.

(7) If agreed by all parties to a dispute, submit the dispute to arbitration or other alternate dispute resolution process. If arbitration is agreed upon, the Governor of each party state shall appoint an arbitrator. If the number of party states is an even number, the arbitrators so chosen shall appoint an additional arbitrator. The determination of a majority of the arbitrators shall be binding on the party states. Arbitration proceedings shall be conducted in accordance with the provisions of 9 U.S.C. Sections 1 through 16. If all parties to a dispute do not agree to arbitration or alternate dispute resolution process, the United States District Court in the district where the Commission maintains its office shall have original jurisdiction over any action between or among parties to this compact.

(8) Provide on a regular basis to the Commission and host state:

(A) an accounting of waste shipped and proposed to be shipped to the compact facility, by volume and curies;

(B) proposed transportation methods and routes; and

(C) proposed shipment schedules.

(9) Seek to join in any legal action by or against the host state to prevent nonparty states or generators from disposing of low-level radioactive waste at the facility.

Sec. 4.06. Each party state shall act in good faith and may rely on the good faith performance of the other party states regarding requirements of this Compact.

Article V. Party State Contributions

Sec. 5.01. Each party state, except the host state, shall contribute a total of $25 million to the host state. Payments shall be deposited in the host state treasury to the credit of the Low-Level Waste Fund in the following manner except as otherwise provided. Not later than the 60th day after the date of Congressional ratification of this Compact, each nonhost party state shall pay to the host state $12.5 million. Not later than the 60th day after the date of the opening of the compact facility, each nonhost party state shall pay to the host state an additional $12.5 million.

Sec. 5.02. As an alternative, the host state and the nonhost states may provide for payments in the same total amount as stated above to be made to meet the principal and interest expense associated with the bond indebtedness or other form of indebtedness issued by the appropriate agency of the host state for purposes associated with the development, operation, and post-closure monitoring of the compact facility. In the event the member states proceed in this manner, the payment schedule shall be determined in accordance with the schedule of debt repayment. This schedule shall replace the payment schedule described in Section 5.01 of this article.

Article VI. Prohibited Acts and Penalties

Sec. 6.01. No person shall dispose of low-level radioactive waste generated within the party states unless the disposal is at the compact facility, except as otherwise provided in Section 3.05(7) of Article III.

Sec. 6.02. No person shall manage or dispose of low-level radioactive waste within the party states unless the low-level radioactive waste was generated within the party states, except as provided in Section 3.05(6) of Article III. Nothing herein shall be construed to prohibit the storage or management of low-level radioactive waste by a generator, nor its disposal pursuant to 10 C.F.R. Section 20.302.

Sec. 6.03. Violations of this article may result in prohibiting the violator from disposing of low-level radioactive waste in the compact facility, or in the imposition of penalty surcharges on shipments to the facility, as determined by the Commission.

Article VII. Eligibility; Entry into Effect; Congressional Consent; Withdrawal; Exclusion

Sec. 7.01. The States of Texas, Maine, and Vermont are party states to this Compact. Any other state may be made eligible for party status by a majority vote of the Commission and ratification by the legislature of the host state, subject to fulfillment of the rights of the initial nonhost party states under Section 3.04(11) of Article III and Section 4.01 of Article IV, and upon compliance with those terms and conditions for eligibility that the host state may establish. The host state may establish all terms and conditions for the entry of any state, other than the states named in this section, as a member of this Compact; provided, however, the specific provisions of this Compact, except for those pertaining to the composition of the Commission and those pertaining to Section 7.09 of this article, may not be changed except upon ratification by the legislatures of the party states.

Sec. 7.02. Upon compliance with the other provisions of this Compact, a state made eligible under Section 7.01 of this article may become a party state by legislative enactment of this Compact or by executive order of the governor of the state adopting this Compact. A state becoming a party state by executive order shall cease to be a party state upon adjournment of the first general session of its legislature convened after the executive order is issued, unless before the adjournment, the legislature enacts this Compact.

Sec. 7.03. Any party state may withdraw from this Compact by repealing enactment of this Compact subject to the provisions herein. In the event the host state allows an additional state or additional states to join the Compact, the host state's legislature, without the consent of the nonhost party states, shall have the right to modify the composition of the Commission so that the host state shall have a voting majority on the Commission, provided, however, that any modification maintains the right of each initial party state to retain one voting member on the Commission.

Sec. 7.04. If the host state withdraws from the Compact, the withdrawal shall not become effective until five years after enactment of the repealing legislation and the nonhost party states may continue to use the facility during that time. The financial obligation of the nonhost party states under Article V shall cease immediately upon enactment of the repealing legislation. If the host state withdraws from the Compact or abandons plans to operate a facility prior to the date of any nonhost party state payment under Sections 4.05(5) and (6) of Article IV or Article V, the nonhost party states are relieved of any obligations to make the contributions. This section sets out the exclusive remedies for the nonhost party states if the host state withdraws from the Compact or is unable to develop and operate a compact facility.

Sec. 7.05. A party state, other than the host state, may withdraw from the compact by repealing the enactment of this Compact, but this withdrawal shall not become effective until two years after the effective date of the repealing legislation. During this two-year period the party state will continue to have access to the facility. The withdrawing party shall remain liable for any payments under Sections 4.05(5) and (6) of Article IV that were due during the two-year period, and shall not be entitled to any refund of payments previously made.

Sec. 7.06. Any party state that substantially fails to comply with the terms of the Compact or to fulfill its obligations hereunder may have its membership in the Compact revoked by a seven-eighths vote of the Commission following notice that a hearing will be scheduled not less than six months from the date of the notice. In all other respects, revocation proceedings undertaken by the Commission will be subject to the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), except that a party state may appeal the Commission's revocation decision to the United States District Court in accordance with Section 3.06 of Article III. Revocation shall take effect one year from the date such party state receives written notice from the Commission of a final action. Written notice of revocation shall be transmitted immediately following the vote of the Commission, by the Chair, to the governor of the affected party state, all other governors of party states, and to the United States Congress.

Sec. 7.07. This Compact shall take effect following its enactment under the laws of the host state and any other party state and thereafter upon the consent of the United States Congress and shall remain in effect until otherwise provided by federal law. If Texas and either Maine or Vermont ratify this Compact, the Compact shall be in full force and effect as to Texas and the other ratifying state, and this Compact shall be interpreted as follows:

(1) Texas and the other ratifying state are the initial party states.

(2) The Commission shall consist of two voting members from the other ratifying state and six from Texas.

(3) Each party state is responsible for its pro rata share of the Commission's expenses.

Sec. 7.08. This Compact is subject to review by the United States Congress and the withdrawal of the consent of Congress every five years after its effective date, pursuant to federal law.

Sec. 7.09. The host state legislature, with the approval of the governor, shall have the right and authority, without the consent of the nonhost party states, to modify the provisions contained in Section 3.04(11) of Article III to comply with Section 402.219(c)(1), Texas Health and Safety Code, as long as the modification does not impair the rights of the initial nonhost party states.

Article VIII. Construction and Severability

Sec. 8.01. The provisions of this Compact shall be broadly construed to carry out the purposes of the Compact, but the sovereign powers of a party shall not be infringed upon unnecessarily.

Sec. 8.02. This Compact does not affect any judicial proceeding pending on the effective date of this compact.

Sec. 8.03 No party state acquires any liability, by joining this Compact, resulting from the siting, operation, maintenance, long-term care or any other activity relating to the compact facility. No nonhost party state shall be liable for any harm or damage from the siting, operation, maintenance, or long-term care relating to the compact facility. Except as otherwise expressly provided in this Compact, nothing in this Compact shall be construed to alter the incidence of liability of any kind for any act or failure to act. Generators, transporters, owners, and operators of the facility shall be liable for their acts, omissions, conduct, or relationships in accordance with applicable law. By entering into this Compact and securing the ratification by Congress of its terms, no party state acquires a potential liability under Section 5(d)(2)(C) of the Act (42 U.S.C. Sec. 2021e(d)(2)(C)) that did not exist prior to entering into this Compact.

Sec. 8.04. If a party state withdraws from the Compact pursuant to Section 7.03 of Article VII or has its membership in this Compact revoked pursuant to Section 7.06 of Article VII, the withdrawal or revocation shall not affect any liability already incurred by or chargeable to the affected state under Section 8.03 of this article.

Sec. 8.05. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared by a court of competent jurisdiction to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby to the extent the remainder can in all fairness be given effect. If any provision of this Compact shall be held contrary to the Constitution of any state participating therein, the Compact shall remain in full force and effect as to the state affected as to all severable matters.

Sec. 8.06. Nothing in this Compact diminishes or otherwise impairs the jurisdiction, authority, or discretion of either of the following:

(1) the United States Nuclear Regulatory Commission pursuant to the Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 2011 et seq.); or

(2) an agreement state under Section 274 of the Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 2021).

Sec. 8.07. Nothing in this Compact confers any new authority on the states or Commission to do any of the following:

(1) Regulate the packaging or transportation of low-level radioactive waste in a manner inconsistent with the regulations of the United States Nuclear Regulatory Commission or the United States Department of Transportation.

(2) Regulate health, safety, or environmental hazards from source, byproduct, or special nuclear material.

(3) Inspect the activities of licensees of the agreement states or of the United States Nuclear Regulatory Commission.
10 V.S.A. § 2353 — VT Code / Title 10 / Chapter 77 / Section 2353
§ 2353. Use districts
Status: in_force

In the establishment of the Forest Reserve and administration of the Park, three districts shall be designated as follows:

(1) One area shall be designated as the ecological area to protect scarce and rare plants, to preserve the natural habitat, and to maintain the wilderness aspect. This area will extend from approximately 2,500 feet m.s.l. to the summit, and from 900 feet m.s.l. to 2,500 feet m.s.l. in the Gleason Brook drainage.

(2) A timber management and wildlife area shall be designated to produce forest products, to protect the ecological area, to encourage wildlife habitat, and to preserve the natural appearance of the region as seen from surrounding areas. This area will extend approximately from 1,800 feet m.s.l. to 2,500 feet m.s.l. except within the Gleason Brook drainage basin as indicated in subdivision (1) of this section. Uses of this area will include sustained production of timber, water conservation, wildlife management, hunting, hiking, cross-country skiing, and nature appreciation.

(3) The balance of the land within the Reserve shall be designated as a multiple-use area. Uses of this area shall include farming, vacation, and permanent residences in addition to those enumerated in the timber management area.
10 V.S.A. § 4191 — VT Code / Title 10 / Chapter 103 / Section 4191
§ 4191. Game wardens, number, record
Status: in_force

(a) The Commissioner, with the approval of the Governor, may employ a chief game warden and as many State game wardens as may be required for the proper enforcement of the fish and wildlife laws of the State. These officers shall be included in the classified service created in 3 V.S.A. chapter 13. These officers and deputy game wardens employed as herein provided shall be sworn to the faithful performance of their duties. The Commissioner may appoint and employ for a limited time as many deputy game wardens as deemed necessary. The number of game wardens shall be determined by the Commissioner with the approval of the Governor. A copy of the appointment and oath of office of each game warden and deputy shall be filed in the office of the Commissioner.

(b) While so employed, game wardens shall devote their entire time to the discharge of their duties and shall not be engaged in any other business without having first obtained permission to do so from the Commissioner. The Commissioner may grant permission if it appears that the outside employment will not render the warden unavailable during an emergency, will not physically or mentally exhaust the warden to the point that performance of duties might be affected, and will not require that any special consideration be given to scheduling of regular duty hours.
10 V.S.A. § 1678 — VT Code / Title 10 / Chapter 56 / Section 1678
§ 1678. Prohibition on use of lead pipes, solder, and flux
Status: in_force

(a) No person shall use any pipe, solder, or flux in the installation or repair of any public water system, or in any plumbing providing drinking water that is connected to a public water system, unless it is lead free.

(b) For purposes of this section, the term “lead free” means:

(1) solders and flux containing not more than 0.2 percent lead;

(2) pipes and pipe fittings containing not more than 8.0 percent lead.

(c) Each public water system shall identify and provide notice in the manner required by the Secretary by rule to persons that may be affected by lead contamination of their drinking water where such contamination results from the following:

(1) the lead content in the construction materials of the public water system; or

(2) corrosivity of the public water source sufficient to cause leaching of lead.

(d) This section shall not apply to leaded joints necessary for the repair of cast iron pipes.
10 V.S.A. § 4508 — VT Code / Title 10 / Chapter 109 / Section 4508
§ 4508. Sale of forfeited equipment
Status: in_force

Upon seizure of such firearm, jack, light, vehicle, or device without a warrant, a game warden or other officer shall forthwith make complaint, under oath, subscribed by him or her, to a court or magistrate having jurisdiction of offenses hereunder in whose jurisdiction the same was seized. In the event, under proceedings provided in sections 4503-4507 of this title, such device is ordered forfeited and is a device not illegal in itself, such firearm, jack, light, motor, or other vehicle or device, upon written order of such court shall be sold at public auction for the benefit of the State by the Commissioner.
10 V.S.A. § 6101 — VT Code / Title 10 / Chapter 151 / Section 6101
§ 6101. Purpose
Status: in_force

The purpose of this subchapter is to provide a mechanism to allocate the costs to mitigate the impacts of land use projects to the transportation system in a manner that is equitable and that supports the planning goals of 24 V.S.A. § 4302.
10 V.S.A. § 8003 — VT Code / Title 10 / Chapter 201 / Section 8003
§ 8003. Applicability
Status: repealed

(a) The Secretary may take action under this chapter to enforce the following statutes and rules, permits, assurances, or orders implementing the following statutes, and the Board may take such action with respect to subdivision (10) of this subsection:

(1) 10 V.S.A. chapter 23, relating to air quality;

(2) 10 V.S.A. chapter 32, relating to flood hazard areas;

(3) 10 V.S.A. chapters 47 and 56, relating to water pollution control, water quality standards, public water supply, and lakes in crisis;

(4) 10 V.S.A. chapters 41 and 43, relating to dams, surface water withdrawals, interbasin transfers, and stream alterations;

(5) 10 V.S.A. chapter 37, relating to wetlands protection and water resources management;

(6) 10 V.S.A. chapter 48, relating to well drillers and groundwater withdrawal;

(7) 10 V.S.A. chapter 53, relating to beverage containers, provided that the Secretary may not take action to enforce the provisions of section 1530 of this title that are enforceable by the Commissioner of Taxes;

(8) 10 V.S.A. chapter 59, relating to underground storage tanks and aboveground storage tanks;

(9) 10 V.S.A. chapter 64, relating to potable water supplies and wastewater systems;

(10) 10 V.S.A. chapter 151, relating to land use, and including findings and conclusions issued under section 6086b of this title;

(11) [Repealed.]

(12) 10 V.S.A. chapter 159, relating to solid waste, hazardous waste, and hazardous materials;

(13) 10 V.S.A. chapter 161, relating to low-level radioactive waste;

(14) [Repealed.]

(15) 29 V.S.A. chapter 11, relating to lands under public waters;

(16) 10 V.S.A. chapter 162, relating to the Texas Low-Level Radioactive Waste Disposal Compact;

(17) 10 V.S.A. § 2625, relating to heavy cutting of timber;

(18) 10 V.S.A. chapter 164, relating to comprehensive mercury management;

(19) 24 V.S.A. chapter 61, subchapter 10, relating to salvage yards;

(20) 10 V.S.A. chapter 50, relating to the control of aquatic species and introduction of algicides, pesticides, and herbicides;

(21) 10 V.S.A. chapter 166, relating to collection and recycling of electronic waste;

(22) 10 V.S.A. chapter 164A, collection and disposal of mercury-containing lamps;

(23) 24 V.S.A. § 2202a, relating to a municipality's adoption and implementation of a solid waste implementation plan that is consistent with the State Solid Waste Plan;

(24) 10 V.S.A. chapter 49A, relating to lake shoreland protection standards;

(25) 10 V.S.A. chapter 83, subchapter 8, relating to the importation of firewood;

(26) 10 V.S.A. chapter 168, relating to the collection and disposal of primary batteries;

(27) 10 V.S.A. chapter 123, relating to threatened and endangered species;

(28) 30 V.S.A. § 255, relating to regional coordination to reduce greenhouse gases;

(29) 10 V.S.A. § 1420, relating to abandoned vessels;

(30) 3 V.S.A. § 2810, relating to interim environmental media standards; and

(31) 10 V.S.A. chapter 124, relating to the trade in covered animal parts or products;

(32) 10 V.S.A. chapter 164B, relating to collection and management of covered household hazardous products; and

(33) 10 V.S.A. chapter 24A relating to the Climate Superfund Cost Recovery Program.

(b) The Secretary's administrative enforcement authority established by this chapter shall supplement any authority of the Secretary established by the chapters set forth in subsection (a) of this section to initiate criminal proceedings or civil proceedings under chapters 47, 56, 59, 123, and 159 of this title.

(c) The authority established by this chapter shall not be construed as negating any constitutional, common law, or statutory rights of persons.

(d) Upon the request of the Secretary of Agriculture, Food and Markets, the Secretary may take action under this chapter to enforce the agricultural water quality requirements of, rules adopted under, and permits and certifications issued under 6 V.S.A. chapter 215. The Secretary of Natural Resources and the Secretary of Agriculture, Food and Markets shall enter into a memorandum of understanding to implement this subsection.
10 V.S.A. § 5502 — VT Code / Title 10 / Chapter 124 / Section 5502
§ 5502. Prohibition
Status: in_force

Except as provided in this chapter, notwithstanding any other provision of law to the contrary, a person shall not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal part or product.
10 V.S.A. § 6645 — VT Code / Title 10 / Chapter 159 / Section 6645
§ 6645. Eligibility
Status: in_force

Not more than 30 days after the Secretary receives a complete application, the Secretary shall determine eligibility and provide written notice to the applicant of the Secretary's determination. A person is eligible for participation in the Program if the Secretary determines all the following:

(1) There is a release or threatened release of hazardous material at the property that the person proposes for remediation and redevelopment.

(2) The applicant is not liable pursuant to section 6615 of this title for any release or threatened release of a hazardous material at the property or the person is an innocent current owner of the property. The Commissioner may accept an affidavit of innocence or may request further information and investigate to determine compliance with this section. Any determination of innocence or liability under this subdivision is solely for the purpose of the initial eligibility determination for this Program and shall have no collateral effect in other proceedings.

(3) The property is a Brownfield site, or the Secretary determines, on a site-by-site basis, both the following:

(A) The property is not a Brownfield site because it is excluded pursuant to subdivision 6642(2)(A), (C)(ii)—(v), (D), (E), (G), or (H) of this title.

(B) Participation in the Program will promote the Program objectives identified in subsection 6641(a) of this title.
10 V.S.A. § 1263 — VT Code / Title 10 / Chapter 47 / Section 1263
§ 1263. Discharge permits
Status: in_force

(a) Any person who intends to discharge waste into the waters of the State or who intends to discharge into an injection well or who intends to discharge into any publicly owned treatment works any waste that interferes with, passes through without treatment, or is otherwise incompatible with that works or would have a substantial adverse effect on that works or on water quality, or is required to apply for a CAFO permit, shall make application to the Secretary for a discharge permit. Application shall be made on a form prescribed by the Secretary. An applicant shall pay an application fee in accordance with 3 V.S.A. § 2822.

(b) When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title. The Secretary may require any applicant to submit any additional information that the Secretary considers necessary, before issuing a permit application completeness determination. The Secretary may take appropriate steps to secure compliance, refuse to grant a permit, or permission to discharge under the terms of a general permit, until the information is furnished and evaluated.

(c) If the Secretary determines that the proposed discharge will not reduce the quality of the receiving waters below the classification established for them and will not violate any applicable provisions of State or federal laws or regulations, he or she shall issue a permit containing terms and conditions as may be necessary to carry out the purposes of this chapter and of applicable federal law. Those terms and conditions may include providing for specific effluent limitations and levels of treatment technology; monitoring, recording, reporting standards; entry and inspection authority for State and federal officials; reporting of new pollutants and substantial changes in volume or character of discharges to waste treatment systems or waters of the State; pretreatment standards before discharge to waste treatment facilities or waters of the State; and toxic effluent standards or prohibitions.

(d) A discharge permit shall:

(1) Specify the manner, nature, volume, and frequency of the discharge permitted and contain terms and conditions consistent with subsection (c) of this section.

(2) Require proper operation and maintenance of any pollution abatement facility necessary in the treatment or processing of the waste by qualified personnel in accordance with standards established by the Secretary and the Director of the Office of Professional Regulation. The Secretary may require that a pollution abatement facility be operated by persons licensed under 26 V.S.A. chapter 99 and may prescribe the class of license required. The Secretary may require a laboratory quality assurance sample program to ensure qualifications of laboratory analysts.

(3) Contain an operation, management, and emergency response plan when required under section 1278 of this title and additional conditions, requirements, and restrictions as the Secretary deems necessary to preserve and protect the quality of the receiving waters, including requirements concerning recording, reporting, monitoring, and inspection of the operation and maintenance of waste treatment facilities and waste collection systems.

(4) Be valid for the period of time specified therein, not to exceed five years.

(e) A discharge permit may be renewed from time to time upon application to the Secretary. A renewal permit filing requirement for reissuance shall be determined by the Secretary and may range from a simple written request for reissuance to the submission of all information required by the initial application. A renewal permit shall be issued following all determinations and procedures required for initial permit application.

(f) Existing indirect discharges to the waters of the State from on-site disposal of sewage shall comply with and be subject to the provisions of this chapter, and shall obtain the required permit, no later than July 1, 1991. Notwithstanding the requirements of subsections 1259(d) and (e) of this title, the Secretary shall grant a permit for an existing indirect discharge to the waters of the State for on-site disposal of sewage unless he or she finds that the discharge violates the water quality standards. Existing indirect discharges from on-site sewage disposal systems of less than 6,500 gpd capacity shall not require a permit.

(g) Any person who owns or operates a concentrated animal feeding operation that requires a permit under the federal National Pollutant Discharge Elimination System permit regulations or the VPDES CAFO Rules shall submit an application to the Secretary for a discharge permit and pay the required fees specified in 3 V.S.A. § 2822. Not later than December 15, 2025, the Secretary shall amend and issue the CAFO General Permit and Notice of Intent. Not later than July 1, 2026, the Secretary shall issue a CAFO application and an individual CAFO permit. The Secretary may request any additional information from a farm as necessary to process a permit and administer the CAFO program. The Secretary may direct a farm to apply for an individual or general permit in accordance with the procedural requirements of subsection (b) of this section.

(h) A large CAFO shall not be required to have a CAFO permit unless one of the following conditions are met:

(1) wastes are discharged into waters via a point source;

(2) wastes are discharged directly into waters that originate outside or pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation; or

(3) a precipitation-related discharge of manure, litter, or process wastewater from land areas under the control of a LFO has occurred that was not in accordance with site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater, as determined by the Secretary.

(i) The Secretary shall require nutrient management plans for all CAFOs and shall include the plans in the permits for public comment in accordance with the process set forth in chapter 170 of this title. The Secretary may amend a permit in accordance with chapter 170 of this title or revoke a permit in accordance with 3 V.S.A. § 814.

(j) Once a CAFO is covered under a CAFO permit, the farm shall be covered for the five-year duration of the permit. A farm covered by a CAFO permit shall renew the permit in accordance with its terms, unless the farm wants to opt out and can demonstrate it is not discharging and shall accordingly comply with the federal CWA and the Vermont CAFO rules.
10 V.S.A. § 4609 — VT Code / Title 10 / Chapter 111 / Section 4609
§ 4609. Connecticut River; Lake Champlain
Status: repealed

(a) Persons holding a New Hampshire fishing license may take fish from the Connecticut River, provided the State of New Hampshire grants the same right to persons holding a Vermont fishing license. Such taking shall be only in accordance with rules and regulations adopted by the State of New Hampshire relative to open and closed seasons, limits of catch, minimum sizes of fish caught, and methods of fishing and upon agreement between the Commissioner and the Director of Fish and Wildlife of the State of New Hampshire and the approval of the Secretary. Whereupon the laws of this State covering such matters shall be suspended as to the waters described in this subsection. Any violation of said provisions shall be punished as provided in section 4515 of this title.

(b) A person holding a New York fishing license may take fish from the Vermont portion of Lake Champlain provided the State of New York grants the right to fish in the New York portion of the lake to a person holding a Vermont fishing license. In this case, a person holding a New York license may take fish in the Vermont portion of the lake in accordance with rules adopted under this part and shall be fined pursuant to section 4515 of this title for violation of the rules while fishing in the Vermont portion of the lake. In this section, the Vermont portion of Lake Champlain means the portion of Lake Champlain which lies within Vermont waters up to the mouth of any tributary river or stream, and shall not include any waters on the east side of the railroad fills at Malletts Bay, the Gut, and Pelots Point.

(c), (d) [Repealed.]
10 V.S.A. § 7110 — VT Code / Title 10 / Chapter 164 / Section 7110
§ 7110. Mercury-added products used in dental procedures
Status: in_force

(a) Dental amalgam, a formulated mercury-added product, shall not be regulated by any other sections of this chapter.

(b) Vermont dental offices and vocational dental education programs shall use and instruct on the use of best management practices to minimize the presence of elemental mercury, unused amalgam, and waste amalgam in their wastewater discharge and in their solid waste. The Agency shall develop best management practices that include a requirement for an amalgam removal efficiency of at least 95 percent. The required best management practices shall be defined by a procedure of the Agency by January 1, 2006, including reporting requirements to verify compliance with best management practices. The Agency shall consult with the Vermont State Dental Society and other interested parties during the development of best management practices. Dental offices shall comply with best management practices.

(c) No later than January 1, 2007, a dental office that in the course of treating its patients places or removes dental amalgam must install an amalgam separator system in the wastewater discharge line. For the purposes of this section, an amalgam separator system means a device that removes dental amalgam from the waste stream prior to discharge into either the local public wastewater system or a private septic system located at the dental facility and that has been certified as conforming to the standards of ISO 11143, Dental Equipment—Amalgam Separators. A dental office must demonstrate proper installation, operation, maintenance, and amalgam waste recycling or disposal in accordance with the manufacturer's recommendations by maintaining annual records on waste shipment and maintenance of the system and any other reporting required in subsection (b) of this section. Records of the previous three years shall be maintained at all times. Methods or technologies other than amalgam separators that achieve equivalent or greater dental amalgam discharge reductions and that are approved by the Agency shall be deemed to comply with the requirements of this subsection.

(d) Exemptions.

(1) The following categories of dental offices are exempt from the requirement to install an amalgam separator:

(A) Orthodontists;

(B) Periodontists;

(C) Endodontists;

(D) Oral and maxillofacial surgeons;

(E) A dental office that is scheduled to no longer be used as a dental office after July 1, 2007;

(F) Any other dental office that does not place or remove amalgam.

(2) A dental office in subdivision (1) of this subsection shall be exempt only if all dentists practicing at the site using a shared vacuum system qualify for an exemption.

(e) The Agency shall conduct a survey of dental offices once every five years, beginning July 1, 2006, to ascertain the use of dental amalgam. The survey results shall be provided to the Advisory Committee on Mercury Pollution for inclusion in their report to the General Assembly. The Agency shall consult with the Vermont State Dental Society for assistance in conducting the survey.

(f) For the purposes of this section:

(1) “Dental amalgam” or “amalgam” means a mixture of mercury and silver alloy that forms a hard solid metal dental restorative material. For purposes of this section, dental amalgam or amalgam shall include mercury and silver alloy precapsulated and ready for mixing.

(2) “Dental office” means any dental clinic, dental office, or dental practice.
10 V.S.A. § 105 — VT Code / Title 10 / Chapter 7 / Section 105
§ 105. Geological publications and products; account
Status: in_force

A special fund account to be known as the State Geological Publications Account is created. The Account shall contain all receipts from the sale of geological publications and products produced and sold by the State Geologist, and may be expended by the State Geologist for the purpose of supporting the production of geological publications and products. All balances in the Account at the end of any fiscal year shall be carried forward and remain part of the Account. Disbursements from the Account shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management.
10 V.S.A. § 1975 — VT Code / Title 10 / Chapter 64 / Section 1975
§ 1975. Designer licenses
Status: repealed

(a) The Director of the Office of Professional Regulation, after due consultation with the Secretary, shall establish and implement a process to license and periodically renew the licenses of designers of potable water supplies or wastewater systems, establish different classes of licensing for different potable water supplies and wastewater systems, and allow individuals to be licensed in various categories.

(b) A person shall not design a potable water supply or wastewater system that requires a permit under this chapter without first obtaining a designer license from the Director of the Office of Professional Regulation, except a professional engineer who is licensed in Vermont shall be deemed to have a valid designer license under this chapter, provided that:

(1) the engineer is practicing within the scope of his or her engineering specialty; and

(2) the engineer:

(A) to design a soil-based wastewater system, has satisfactorily completed a college-level soils identification course with specific instruction in the areas of soils morphology, genesis, texture, permeability, color, and redoximorphic features;

(B) has passed a soils identification test administered by the Secretary; or

(C) retains one or more licensed designers who have taken the course specified in this subdivision or passed the soils identification test, whenever performing work regulated under this chapter.

(c) [Repealed.]

(d) The Secretary or the Director of the Office of Professional Regulation may review, on a random basis, or in response to a complaint, or on his or her own motion, the testing procedures employed by a licensed designer, the systems designed by a licensed designer, the designs approved or recommended for approval by a licensed designer, and any work associated with the performance of these tasks.

(e) [Repealed.]

(f) If a person who signs a design or installation certification submitted under this chapter certifies a design, installation, or related design or installation information and, as a result of the person's failure to exercise reasonable professional judgment, submits design or installation information that is untrue or incorrect, or submits a design or installs a wastewater system or potable water supply that does not comply with the rules adopted under this chapter, the person who signed the certification may be disciplined by the Director of the Office of Professional Regulation and be required to take all actions to remediate the affected project in accordance with the provisions of chapters 201 and 211 of this title.

(g) In response to a complaint, or on his or her own motion, the Secretary shall refer deficiencies in design or installation performed under this chapter by a professional engineer to the Board of Professional Engineering for further investigation and potential disciplinary action.
10 V.S.A. § 4863 — VT Code / Title 10 / Chapter 113 / Section 4863
§ 4863. Trapping tags; fees
Status: in_force

The Commissioner may fix a fee not to exceed $1.00 that shall be paid by the trapper to the game warden for each skin required to be tagged and marked by regulations of the Board and such fees shall be transmitted to the Commissioner who shall pay the same into the State Treasury.
10 V.S.A. § 599 — VT Code / Title 10 / Chapter 24A / Section 599
§ 599. Climate Superfund Cost Recovery Program Fund
Status: in_force

(a) There is created the Climate Superfund Cost Recovery Program Fund to be administered by the Secretary of Natural Resources to provide funding for climate change adaptation projects in the State. The Fund shall consist of:

(1) cost recovery payments distributed to the Fund under section 598 of this title;

(2) monies from time to time appropriated to the Fund by the General Assembly; and

(3) other gifts, donations, or other monies received from any source, public or private, dedicated for deposit into the Fund and approved by the Secretary of Administration.

(b) The Fund may be used only:

(1) to pay:

(A) qualified expenditures for climate change adaptation projects identified by the Agency in the Strategy; and

(B) reasonable administrative expenses of the Program, including the cost to the State Auditor associated with hiring technical expertise necessary to complete the audits required under section 599b of this title;

(2) to implement climate adaptation action identified in the State Hazard Mitigation Plan; and

(3) to implement the Community Resilience and Disaster Mitigation Grant Program established pursuant to 20 V.S.A. §§ 48 and 49.

(c) Notwithstanding any contrary provisions of 32 V.S.A. chapter 7, subchapter 5, unexpended balances and interest earned by the Fund shall be retained in the Fund from year to year.
10 V.S.A. § 4909 — VT Code / Title 10 / Chapter 113 / Section 4909
§ 4909. Connecticut River zone
Status: in_force

A person holding a New Hampshire hunting license that allows taking of migratory waterfowl may take migratory waterfowl and coots from the Connecticut River zone, as defined by the Board, provided the State of New Hampshire grants the same right to a person holding a Vermont hunting license which allows taking of migratory waterfowl in the Connecticut River.
10 V.S.A. § 918 — VT Code / Title 10 / Chapter 37 / Section 918
§ 918. Net gain of wetlands; State goal; rulemaking
Status: in_force

(a) On or before July 1, 2025, the Secretary of Natural Resources shall amend the Vermont Wetlands Rules pursuant to 3 V.S.A. chapter 25 to clarify that the goal of wetlands regulation and management in the State is the net gain of wetlands to be achieved through protection of existing wetlands and restoration of wetlands that were previously adversely affected. This condition shall not apply to wetland, river, and flood plain restoration projects, including dam removals.

(b) The Vermont Wetlands Rules shall prioritize the protection of existing intact wetlands from adverse effects. Where a permitted activity in a wetland will cause more than 5,000 square feet of adverse effects that cannot be avoided, the Secretary shall mandate that the permit applicant restore, enhance, or create wetlands or buffers to compensate for the adverse effects on a wetland. The amount of wetlands to be restored, enhanced, or created shall be calculated, at a minimum, by determining the acreage or square footage of wetlands permanently drained or filled as a result of the permitted activity and multiplying that acreage or square footage by two, to result in a ratio of 2:1 restoration to wetland loss. Establishment of a buffer zone contiguous to a wetland shall not substitute for the restoration, enhancement, or creation of wetlands. Adverse impacts to wetland buffers shall be compensated for based on the effects of the impact on wetland function.

(c) At a minimum, the Wetlands Rules shall be revised to:

(1) Require an applicant for a wetland permit that authorizes adverse impacts to more than 5,000 square feet of wetlands to compensate for those impacts through restoration, enhancement, or creation of wetland resources.

(2) Incorporate the net gain rule into requirements for permits issued after September 1, 2025.

(3) Establish a set of parameters and restoration ratios applicable to permittee-designed restored wetland restoration projects, including a minimum 2:1 ratio of restoration to loss to compensate for permanently filled or drained wetlands. These parameters shall include consideration of the following factors:

(A) the existing level of wetland function at the site prior to mitigation or restoration of wetlands;

(B) the amount of wetland acreage and wetland function lost as a result of the project;

(C) how the wetland acreage and functions will be restored at the proposed compensation site;

(D) the length of time before the compensation site will be fully functional;

(E) the risk that the compensation project may not succeed;

(F) the differences in the location of the adversely affected wetland and the wetland subject to compensation that affect the services and values offered; and

(G) the requirement that permittees conduct five years of post- restoration monitoring for the restored wetlands, at which time the Agency can decide if further action is needed.

(d) When amending the Vermont Wetlands Rules under this section, the Secretary shall establish a Vermont in-lieu fee (ILF) compensation program for wetlands impacts that may be authorized as compensation for an adverse effect on a wetland when the permittee cannot achieve restoration. The Secretary may implement a Vermont ILF compensation program through agreements with third-party entities such as the U.S. Army Corps of Engineers or environmental organizations, provided that any ILF monetary compensation authorized under the rules shall be expended on restoration, reestablishment, enhancement, or conservation projects within the State at the HUC 8 level of the adversely affected wetland when practicable.
10 V.S.A. § 531 — VT Code / Title 10 / Chapter 22 / Section 531
§ 531. The Vermont Training Program
Status: repealed

(a) Authority.

(1) The Secretary of Commerce and Community Development, in consultation with the State Workforce Development Board, shall have the authority to design and implement a Vermont Training Program, the purpose of which shall be to issue performance-based grants to employers and to education and training providers to increase employment opportunities in Vermont consistent with this chapter.

(2) The Secretary shall structure the Vermont Training Program to serve as a flexible, nimble, and strategic resource for Vermont businesses and workers across all sectors of the economy.

(b) Eligibility for grant. The Secretary of Commerce and Community Development may award a grant to an employer if:

(1) the training is for preemployment, new employees, or incumbent employees in the methods, either singularly or in combination, relating to preemployment training, on-the-job training, upgrade training, crossover training, or specialized instruction, either on-site or through a training provider;

(2) the employer provides its employees with at least three of the following:

(A) health care benefits with 50 percent or more of the premium paid by the employer;

(B) dental assistance;

(C) paid vacation;

(D) paid holidays;

(E) child care;

(F) other extraordinary employee benefits;

(G) retirement benefits;

(H) other paid time off, excluding paid sick days;

(3) the training is directly related to the employment responsibilities of the trainee; and

(4) compensation for each trainee at the completion of the training program equals or exceeds the livable wage as defined in 2 V.S.A. § 526, provided that the Secretary shall have the authority to modify this requirement if he or she determines that the employer offers compensation or benefits, the value of which exceeds the compensation and benefit assumptions in the basic needs budget and livable wage calculated pursuant to 2 V.S.A. § 526.

(c) Disclosure. In the case of a grant to a training provider, the Secretary shall require as a condition of the grant that the provider shall disclose to the Secretary the name of the employer and the number of employees trained prior to final payment for the training.

(d) Conditions. In order to avoid duplication of programs or services and to provide the greatest return on investment from training provided under this section, the Secretary of Commerce and Community Development shall:

(1) consult with the Commissioner of Labor regarding whether the grantee has accessed, or is eligible to access, other workforce education and training resources;

(2) disburse grant funds only for training hours that have been successfully completed by employees, provided that:

(A) a grant for on-the-job training shall either provide not more than 50 percent of wages for each employee in training or not more than 50 percent of trainer expense, but not both; and

(B) training shall be performed in accordance with a training plan that defines the subject of the training, the number of training hours, and how the effectiveness of the training will be evaluated; and

(3) use funds under this section only to supplement training efforts of employers and not to replace or supplant training efforts of employers.

(e) Work-based learning activities.

(1) In addition to eligible training authorized in subsection (b) of this section, the Secretary of Commerce and Community Development may annually allocate up to 10 percent of the funding appropriated for the Program to fund work-based learning programs and activities with eligible employers to introduce Vermont students in a middle school, secondary school, career technical education program, or postsecondary school to manufacturers and other regionally significant employers.

(2) An employer with a defined work-based learning program or activity developed in partnership with a middle school, secondary school, career technical education program, or postsecondary school may apply to the Program for a grant to offset the costs the employer incurs for the work-based learning program or activity, including the costs of transportation, curriculum development, and materials.

(f) Certificate. Upon completion of the training program for any individual, the Secretary of Commerce and Community Development shall review the records and shall award to the trainee, if appropriate, a certificate of completion for the training.

(g)-(j) [Repealed.]

(k) Report. Annually on or before January 15, the Secretary shall submit a report to the House Committee on Commerce and Economic Development and the Senate Committee on Economic Development, Housing and General Affairs. In addition to the reporting requirements under section 540 of this title, the report shall identify:

(1) all active and completed contracts and grants;

(2) from among the following, the category the training addressed:

(A) preemployment training or other training for a new employee to begin a newly created position with the employer;

(B) preemployment training or other training for a new employee to begin in an existing position with the employer;

(C) training for an incumbent employee who, upon completion of training, assumes a newly created position with the employer;

(D) training for an incumbent employee who, upon completion of training assumes a different position with the employer;

(E) training for an incumbent employee to upgrade skills;

(3) for the training identified in subdivision (2) of this subsection whether the training is on-site or classroom-based;

(4) the number of employees served;

(5) the average wage by employer;

(6) any waivers granted;

(7) the identity of the employer, or, if unknown at the time of the report, the category of employer;

(8) the identity of each training provider;

(9) whether training results in a wage increase for a trainee, and the amount of increase;

(10) the aggregated median wage for employees invoiced for training during the reporting period;

(11) the percentage growth in wages and the percentage growth in the median wage for all wage earners in the State during the reporting period; and

(12) the number, type, and description of grants for work-based learning programs and activities awarded pursuant to subsection (e) of this section.
10 V.S.A. § 8008a — VT Code / Title 10 / Chapter 201 / Section 8008a
§ 8008a. Landfill closure extension orders
Status: in_force

(a)(1) The Secretary may issue a landfill closure extension order when the Secretary finds that the landfill meets the criteria of section 6605e of this title. That order shall be served upon the landfill owner and operator in person or by certified mail, return receipt requested. A copy of the order also shall be delivered to the Attorney General. An order shall be effective on receipt.

(2) If any proposed landfill closure extension order would extend the service area or change a permit condition, including a specified closure date, then before issuing the order, the Secretary shall provide notice of the opportunity for public comment on the proposal and on any proposed findings with respect to the order. This notice shall be provided to the persons specified in subdivisions 6605d(e)(2)(A) through (D) of this title and to any other persons that, in advance, have requested notice in writing. Upon receipt of a written request for a public informational meeting, signed by no less than 15 persons, the Secretary shall warn and hold a public informational meeting on the issuance of the order. An order may be issued no sooner than 14 days after providing notice under this subsection or, if a public informational meeting is held, no sooner than seven days after the date of the meeting.

(b) A landfill closure extension order shall include:

(1) a statement of the facts that provide the basis for the Secretary's determination of compliance with the provisions of section 6605e of this title;

(2) a statement that the owner and operator have a right to a hearing under section 8018 of this title and a description of the procedures for requesting a hearing;

(3) a schedule for cessation of operations, closure, and commencement of postclosure care;

(4) implementation schedules and conditions regarding the operation and closure of the landfill; and

(5) a requirement that by November 15, 1992, the owner and operator will submit to the Secretary a revised closure plan that addresses the additional waste that will be accepted. This plan shall be in conformance with the solid waste management rules.
10 V.S.A. § 4706 — VT Code / Title 10 / Chapter 113 / Section 4706
§ 4706. Snaring animals
Status: in_force

A person shall not take an animal by snaring nor shall he or she possess a snare with intent to use the same.
10 V.S.A. § 4153 — VT Code / Title 10 / Chapter 103 / Section 4153
§ 4153. Lifetime license; award
Status: in_force

(a) The Commissioner is authorized to hold an annual drawing of applications for prizes that the Department may have available such as lifetime or other licenses, time at a Fish and Wildlife Conservation Camp, and fish and wildlife publications. However, the Department shall not offer cash nor purchase or accept goods for the purpose of making them available through the drawing. Anyone who has reached the age of majority may enter the drawing by filling out an application provided by the Commissioner and paying a fee of $2.00. There is no limit to the number of applications a person may enter. Prizes shall be awarded by the random drawing of applications.

(b) The Commissioner shall establish procedures necessary to implement this section.

(c) The agent shall be reimbursed $0.25 per application.

(d) Fees collected under this section shall be deposited into the Fish and Wildlife Fund.

(e) Licenses awarded under this section shall be paid for from the fees collected under this section.
10 V.S.A. § 4268 — VT Code / Title 10 / Chapter 105 / Section 4268
§ 4268. Fur buyer's license
Status: in_force

The furs and skins of fur-bearing animals and skins of deer, legally taken, may be bought and sold at any time, subject to the provisions of section 4861 of this title, provided that any person wishing to engage in the business of buying the furs or skins of fur-bearing animals or skins of deer shall first secure a license from the Commissioner, as provided by law.
10 V.S.A. § 6619 — VT Code / Title 10 / Chapter 159 / Section 6619
§ 6619. Packaging information
Status: in_force

The Secretary is authorized to require and shall solicit from manufacturers and distributors of consumer goods sold in the State information relating to whether the packages for those goods are recyclable or made of recycled material, and relating to the quantity of the packaging that accompanies each of those products.
10 V.S.A. § 2508 — VT Code / Title 10 / Chapter 81 / Section 2508
§ 2508. Forest fire plan; aid to member-Article VIII
Status: in_force

It shall be the duty of each member state to formulate and put in effect a forest fire plan for that state and to take such measures as may be recommended by the Commission to integrate such forest fire plan with the regional forest fire plan.

Whenever the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combatting, controlling or preventing forest fires, it shall be the duty of the state forest fire control agency of that state to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home.

Each signatory state agrees to render aid to the forest service or other agencies of the government of the United States in combatting, controlling or preventing forest fires in areas under their jurisdiction located within the member state or a contiguous member state.
10 V.S.A. § 1173 — VT Code / Title 10 / Chapter 45 / Section 1173
§ 1173. Expenses of members of Commission
Status: in_force

The members of said Commission appointed by the State of Vermont shall each receive as compensation for their services the sum of $30.00 a day for each day's service performed in connection with the duties of such office.
10 V.S.A. § 2606 — VT Code / Title 10 / Chapter 83 / Section 2606
§ 2606. Acceptance of gifts; exchange, purchase, or lease of lands
Status: in_force

(a) The Commissioner, with the approval of the Governor, may accept gifts of land or interests in land to the State, or may purchase land or interests in land in the name of the State to be held and administered as State forests, State parks, easement interests, or as interests supporting the management and use of such lands and interests.

(b) Notwithstanding 29 V.S.A. § 166, with the approval of the General Assembly, which may be granted by resolution, the Commissioner may sell, convey, exchange, or lease lands, or interests in land, or may amend deeds, leases, and easement interests, under his or her jurisdiction when in his or her judgment it is advantageous to the State to do so in the highest orderly development and management of State forests, State parks, or other interests in land.

(c) The Commissioner, with the approval of the Governor, may lease mine, quarry, or other resource sites or rights as may be discovered on State forest or State park lands unconditionally owned by the State.

(d) The Commissioner, with the approval of the Governor, may lease for a term of years, or otherwise, such lands as he or she deems necessary for the protection of State forest or State park lands or for use by the State in connection therewith.

(e) The provisions of this section shall not be construed to allow the Commissioner to grant oil and gas leases.
10 V.S.A. § 6254 — VT Code / Title 10 / Chapter 153 / Section 6254
§ 6254. Registration of mobile home parks; report
Status: in_force

(a) No later than September 1 each year, each park owner shall register with the Department on a form provided by the Department. The form shall include the following information:

(1) the name and address of the owner or owners of the mobile home park;

(2) the name and address of any corporation and principals of the corporation with an interest in the mobile home park;

(3) the name and address of any park manager;

(4) the name and address and location of the mobile home park;

(5) the duration of ownership of the park by the present owner;

(6) the date the mobile home park was established;

(7) the number of lots, including the number of vacant and occupied lots, in the park;

(8) the lot rent to be charged for each lot as scheduled for October 1 of that year, and the effective date of that lot rent charge;

(9) the services provided to the mobile home park leaseholders for payment of lot rent;

(10) additional charges for services paid by leaseholders in addition to lot rent;

(11) whether the mobile home park has a requirement that a mobile home must be purchased from a dealer designated by the mobile home park owner in order to be located in the park;

(12) the number of mobile homes moved into and out of the park during the previous year ending July 1; and

(13) any other relevant information requested on the form or by the Department.

(b) The Department shall:

(1) verify the information provided pursuant to subsection (a) of this section on a random basis;

(2) maintain a data base of the information provided; and

(3) report the resulting statistics and findings to the House Committee on General and Housing and the Senate Committee on Economic Development, Housing and General Affairs no later than February 1, 1996 and every three years thereafter on February 1.

(c) The Department may charge a mobile home park owner an annual fee of no more than $12.00 for each occupied leased lot in the park on September 1 of each year. The park owner may charge this fee to the affected mobile home park leaseholders. The fee shall be submitted to the Department with the registration form required in subsection (a) of this section. If a mobile home park owner charges the fee under this subsection, the fee shall not be deemed to be a lot rent increase and shall not be included in any calculation of a lot rent increase pursuant to section 6251 of this title. A mobile home park owner shall not be charged the fee under this subsection for any mobile home park in which all the mobile homes are owned by the mobile home park owner. The Commissioner may enforce filing of the registration form and payment of the fee under subsection 6205(a) of this title. A special fund shall be created for these fees to be used by the Department for its expenses in administering the laws regarding mobile home parks and to pay any fees required in the mediation process pursuant to section 6252 of this title and for legal representation for leaseholders pursuant to section 6253 of this title. This special fund shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5.
10 V.S.A. § 325b — VT Code / Title 10 / Chapter 15 / Section 325b
§ 325b. State of Vermont executory interest in easements
Status: in_force

(a) As used in this section:

(1) “Qualified organization” shall have the same meaning as in section 6301a of this title; and

(2) “State agency” shall have the same meaning as in section 6301a of this title.

(b) The Agency of Agriculture, Food and Markets may hold an executory interest in agricultural conservation easements acquired by the Board under chapter 155 of this title when the acquisition of an interest in the agricultural conservation easement was financed by monies expended, in whole or in part, from the Housing and Conservation Trust Fund.

(c) An agricultural conservation easement acquired by the Board under chapter 155 of this title with monies expended, in whole or in part, from the Fund shall be subject to a memorandum of understanding between the Board, the Agency of Agriculture, Food and Markets, and any other co-holder of the agricultural conservation easement regarding oversight, performance, and enforcement of the agricultural conservation easement.

(d) The Agency of Agriculture, Food and Markets may exercise its executory interest in an agricultural conservation easement interest acquired under chapter 155 of this title if:

(1) the Board ceases to exist and its interest in the agricultural conservation easement is not otherwise released and conveyed in accordance with law;

(2) the Board releases and conveys its agricultural conservation easement interests, in whole or in part, to a State agency, municipality, qualified holder, or qualified organization in accordance with the laws of the State of Vermont; or

(3) a significant violation of the terms and conditions of an agricultural conservation easement is not resolved in accordance with the memorandum of understanding required under subsection (c) of this section for the agricultural conservation easement.

(e) The Board annually shall monitor or cause to be monitored a conserved property subject to an agricultural conservation easement for compliance with the terms and conditions of the agricultural conservation easement. The Board shall report a significant violation of the terms and conditions of an agricultural conservation easement to the Secretary of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets may recommend to the Board or the Attorney General a course of action to be taken to address a violation of the terms and conditions of an agricultural conservation easement in accordance with the memorandum of understanding required under subsection (c) of this section.
10 V.S.A. § 8506 — VT Code / Title 10 / Chapter 220 / Section 8506
§ 8506. Renewable energy plant; telecommunications facility; appeals
Status: in_force

(a) Within 30 days of the date of the act or decision, any person aggrieved by an act or decision of the Secretary, under the provisions of law listed in section 8503 of this title, or any party by right may appeal to the Public Utility Commission if the act or decision concerns a renewable energy plant for which a certificate of public good is required under 30 V.S.A. § 248 or a telecommunications facility for which the applicant has applied or has served notice under 30 V.S.A. § 248a(e) that it will apply for approval under 30 V.S.A. § 248a. This section shall not apply to a facility that is subject to section 1004 (dams before the Federal Energy Regulatory Commission) or 1006 (certification of hydroelectric projects) or chapter 43 (dams) of this title. This section shall not apply to an appeal of an act or decision of the Secretary regarding a telecommunications facility made on or after July 1, 2017.

(b) For the purpose of this section, “Commission,” “plant,” and “renewable energy” have the same meaning as under 30 V.S.A. § 8002, and “telecommunications facility” has the same meaning as under 30 V.S.A. § 248a.

(c) The provisions of subdivisions 8504(c)(2) (notice of appeal), (d)(2) (participation before the Secretary), and (f)(1)(A) (automatic stays of certain permits), and subsections 8504(j) (appeals under a general permit), (n) (intervention), and (p) (administrative record) of this title shall apply to appeals under this section except that, with respect to subsection (p), the Secretary shall transfer a certified copy of the administrative record to the Commission.

(d) The Public Utility Commission may consolidate or coordinate appeals under this section with each other and with proceedings under 30 V.S.A. §§ 248 and 248a, where those appeals and proceedings all relate to the same project, unless such consolidation or coordination would be clearly unreasonable. In such a consolidated proceeding, the Commission's decision may be issued as a single order that includes the necessary findings of fact and conclusions of law and, if the decision is to approve the plant or facility, any and all conditions of approval. This authority to consolidate or coordinate appeals and proceedings shall not confer authority to alter the substantive standards at issue in an appeal or proceeding.

(e) In an appeal under this section, the Public Utility Commission, applying the substantive standards that were applicable before the Secretary, shall hold a de novo hearing on those issues that have been appealed. In such an appeal, the Commission shall give the same weight and consideration to prior decisions of the Environmental Division and of the entities described in subsection 8504(m) (precedent) of this title as the Commission gives to its prior decisions.

(f) 30 V.S.A. §§ 9 (court of record), 10 (service of process), 11 (pleadings; rules of practice; findings of fact), and 12 (review by Supreme Court) shall apply to appeals under this section.
10 V.S.A. § 211 — VT Code / Title 10 / Chapter 12 / Section 211
§ 211. Legislative findings
Status: in_force

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

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

(c) Therefore, the general public advantage requires:

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

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

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

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

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

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

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

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

(9) low-cost capital to assist the wood products enterprises to provide an adequate supply of mill quality chips for Vermont public and private schools and other entities that rely upon wood as a primary source of heating.
10 V.S.A. § 2661 — VT Code / Title 10 / Chapter 83 / Section 2661
§ 2661. Surveys and investigations
Status: in_force

The Commissioner shall make surveys and investigations to determine the threat or presence of infestations and control of forest pests. For this purpose, duly designated representatives of the Commissioner may enter at reasonable times on public and private lands for the purpose of conducting such surveys, investigations, and controls.
10 V.S.A. § 574a — VT Code / Title 10 / Chapter 23 / Section 574a
§ 574a. Ozone-depleting chemicals in industry
Status: in_force

(a) By July 1, 1993, any person who uses an ozone-depleting chemical as part of a manufacturing process (excluding any associated refrigeration or air conditioning) shall notify the Secretary of the person's plans for eliminating the use of ozone-depleting chemicals through changes in production methods or processes, through the use of environmentally benign substitute chemicals, or through other methods acceptable to the Secretary, which shall:

(1) identify the alternatives considered, the alternative selected, and the basis for the selection;

(2) identify any discharges to the air and other media associated with the alternative selected;

(3) include interim measures, designed to minimize the release of the ozone-depleting chemicals to the environment until use of the ozone depleter ceases, or as expeditiously as practicable, but in no event later than July 1, 1995.

(b) Any emissions that may be associated with the alternative selected shall be in compliance with all other provisions of this chapter and rules adopted pursuant to this chapter.

(c) After July 1, 1995, no person shall use primary ozone-depleting chemicals, including those listed in subdivision 552(8)(A) of this title, as part of a manufacturing process, excluding any associated refrigeration and air conditioning.

(d) The Secretary, upon application by any person subject to this section, may extend the date provided in subdivision (a)(3) of this section, on a case-by-case basis, upon finding that acceptable methods for eliminating ozone-depleting chemicals are not available.

(1) An extension granted under this subsection shall be granted for a specified period of time, not to exceed one year. Extensions granted may be renewed, if appropriate.

(2) The Secretary may impose interim requirements to limit the emissions of ozone-depleting chemicals as a condition of any extension granted pursuant to this subsection.
10 V.S.A. § 4611 — VT Code / Title 10 / Chapter 111 / Section 4611
§ 4611. Sale of fish
Status: in_force

(a) A person shall not buy or sell a salmon, trout, lake trout, walleye, northern pike, muskellunge, black bass, or any other fish specified by rule by the Board taken in this State, or imported from another state or country where sale of such fish is prohibited, except such fish reared in licensed propagation farms within the State.

(b) A person shall not buy or sell fish caught in Vermont without a permit issued by the Commissioner, as required under the rules of the Board and the requirements of part 4 of this title. A propagation farm with a valid permit issued under 10 App. V.S.A. § 117 shall not be required to obtain a permit under this section.
10 V.S.A. § 6237a — VT Code / Title 10 / Chapter 153 / Section 6237a
§ 6237a. Mobile home park closures
Status: in_force

(a) At least 18 months prior to the closure of a mobile home park or any mobile home lot that will result in the eviction of a resident or a leaseholder or removal of a mobile home, a park owner shall give notice of the closure to each affected resident or leaseholder and to the Commissioner by certified mail. Upon request, the Commissioner may waive some or all of the 18-month notice period if the closure is necessary to ensure the health, safety, or welfare of park residents. No evictions may be commenced during the 18-month closure period except for nonpayment of rent or a substantial violation of the lease terms.

(b) Prior to issuing a closure notice pursuant to subsection (a) of this section, a park owner shall first issue a notice of intent to sell in accordance with section 6242 of this title that discloses the potential closure of the park. However, if the park owner sends a notice of closure to the residents and leaseholders without first providing the mobile home owners with a notice of intent to sell under section 6242 that discloses the potential closure of the park, then the park owner shall retain ownership of the land for five years after the date the closure notice was provided. If required, the park owner shall record the notice of the five-year restriction in the land records of the municipality in which the park is located. The park owner may apply to the Commissioner for relief from the notice and holding requirements of this subsection if the Commissioner determines that strict compliance is likely to cause undue hardship to the park owner or the leaseholders, or both. This relief shall not be unreasonably withheld.

(c) When a park owner gives notice of intent to sell pursuant to section 6242 of this title, any previous notice of closure and any evictions commenced pursuant to the closure notice are void.

(d) A park owner who gives notice of intent to sell pursuant to section 6242 of this title shall not give notice of closure until after:

(1) at least 45 days after giving notice of intent to sell; and

(2) if applicable, the Commissioner receives notice from the mobile home owners and the park owner that negotiations have ended following the 120-day negotiation period provided in subdivision 6242(c)(1) of this title.

(e) A park owner who closes a mobile home park within five years of providing closure notice by selling the land on which the park was located without complying with subsection (b) of this section shall be liable to the State in the aggregate amount of $10,000.00 or 50 percent of the gain realized by the park owner from the sale, whichever is greater, unless the Commissioner has granted relief from strict compliance pursuant to subsection (b) of this section.

(f) A park owner may bring an action for possession upon the expiration of the 18-month closure notice. The only defense to an action for possession in the case of a park closure is improper notice.
10 V.S.A. § 747a — VT Code / Title 10 / Chapter 31 / Section 747a
§ 747a. Limitation; liability
Status: in_force

(a) An action against the on-site sewage program provided by this subchapter, regarding the design, installation, or operation of any system, shall be brought against a conservation district only, and shall be brought within six years from certification of the system by an on-site sewage technician.

(b) An employee of a conservation district or the Vermont association of conservation districts, hired to implement the on-site sewage program provided by this subchapter, shall be immune from liability under the provisions of 24 V.S.A. § 901 regarding municipal officers.
10 V.S.A. § 7595 — VT Code / Title 10 / Chapter 168 / Section 7595
§ 7595. Rulemaking; procedure
Status: in_force

The Secretary may adopt rules or procedures to implement the requirements of this chapter.
10 V.S.A. § 7013 — VT Code / Title 10 / Chapter 161 / Section 7013
§ 7013. Low-Level Radioactive Waste Fund
Status: in_force

(a) There is hereby created in the State Treasury a fund to be known as the Low-Level Radioactive Waste Fund, to be administered and expended by the Vermont Low-Level Radioactive Waste Authority.

(b) The Fund shall consist of:

(1) the balance in the Radioactive Waste Management Fund as of the repeal of section 6512 of this title;

(2) fees assessed under subsections (e) and (g) of this section and under subsection 7012(p) of this title;

(3) any monies required for the financial assurances, and pre-paid construction funds raised under section 7015 of this title;

(4) any grants from the federal government or from other sources accepted by the Governor for deposit into the Fund; and

(5) rebates of any surcharges collected for the disposal of low-level radioactive waste generated in Vermont pursuant to the Federal Low-Level Radioactive Waste Policy Amendments of 1985 (P.L. 99-240) and deposited in escrow pursuant to section 5(d)(2) of such law (42 U.S.C. § 2021e(d)(2)).

(c) All balances in the Fund at the end of any fiscal year shall be carried forward and remain a part of the Fund. Interest accruing from the Fund shall remain in the fund and shall be allocated proportionately among the accounts provided for in subsection (i) of this section based on the average principal balance of each account. Disbursements from the Fund shall be made by the State Treasurer on warrants drawn by the Director or Chair of the Authority.

(d) The Fund shall be used to:

(1) provide staff for the Authority, and to pay for all costs related to the performance of its responsibilities under this chapter;

(2) reimburse any State entity for all costs incurred in the issuance and enforcement of rules and adjudications authorized by section 7020 of this title and for all other costs for actions and proceedings authorized by this chapter;

(3) provide for all costs of the long-term monitoring and care of the disposal facility authorized under this chapter;

(4) cover costs of emergency responses, remedial action, personal injury, and property damage during construction, operation, closure, and long-term monitoring and care of the disposal facility authorized by this chapter;

(5) cover the costs of the permanent disposal of the long-lived waste;

(6) pay the costs associated with any community and project safety plan required under subdivision 7024(a)(9) of this title; and

(7) cover any liability of the Authority or of any other State entity arising out of activities under this chapter.

(e) A service fee shall be levied on all low-level radioactive waste generated in this State, whether shipped to a disposal facility or stored awaiting disposal. Initially, the service fee shall be $10.00 per cubic foot. Periodically or as necessary, the service fee shall be set by the Authority in an amount sufficient for all current and future expenses allowed under subsection (d) of this section, except for construction costs of the facility authorized by this chapter. The service fee shall be approved by the Public Utility Commission under section 7020 of this chapter. Whenever the Authority requests approval of a service fee by the Public Utility Commission, it shall estimate the totals needed in each of the segregated accounts required by subsection (i) of this section. The estimates shall contain appropriate contingency amounts. The Authority may set the service fee on the basis of volume, curies, hazardous constituents or a combination of those characteristics, as appropriate.

(f) The service fee of subsection (e) of this section and the assessment of subsection (g) of this section, shall not apply to low-level radioactive waste which was authorized, as of January 1, 1990, under regulations of the U.S. Nuclear Regulatory Commission, to be stored for decay on the site of generation for less than one year and disposed of as though it were not radioactive. The Authority shall identify those wastes that are exempt from the service fee, consistent with the intent of this section.

(g) In order to provide funds for the timely commencement of the regulatory responsibilities of State agencies and for the initial activities of the Authority, there shall be imposed an immediate assessment of $1,000,000.00 levied proportionately on all generators of low-level radioactive waste, based on the volume of waste generated in calendar years 1986-1989. The Authority shall make these assessments within 60 days of June 29, 1990 and the generators shall pay them within 30 days of the assessment.

(h) The service fee for Vermont Yankee shall be adjusted such that its portion of the total funds needed for all current and future expenses will be accumulated no later than the end of the operating life of the plant. The service fee for all other generators shall be adjusted to accumulate their shares no later than the date they expect to cease generating waste and in no case later than the expected date for closure of the disposal facility authorized by this chapter.

(i) The Fund established by this section shall be segregated into four accounts: one account for expenses expected prior to the end of the operating life of Vermont Yankee, except construction costs; a second account for expenses, including ongoing capital costs, expected after the end of the operating life of Vermont Yankee; a third account for the costs of the permanent disposal of the long-lived waste; and a fourth account for construction costs. Funds in each account shall be used only for the stated purpose of the account and shall not be transferred between accounts without approval of the Public Utility Commission. If the Public Utility Commission finds, upon petition, that any of the accounts contains funds substantially in excess of those reasonably expected to be sufficient for all current and future expenses of the account, the Public Utility Commission may require any excess in that account to be returned to the generators on an equitable basis.
10 V.S.A. § 6642 — VT Code / Title 10 / Chapter 159 / Section 6642
§ 6642. Definitions
Status: in_force

As used in this subchapter:

(1) “Applicant” means a person who has applied for relief from State liability through participation in the Program.

(2) “Brownfield site” means real property, the expansion, redevelopment, or reuse of which may be complicated by the release or threatened release of a hazardous material. “Brownfield site” does not include any of the following:

(A) A facility that is the subject of a planned or ongoing removal action under CERCLA.

(B) A facility that is listed as a CERCLA site or is proposed for listing.

(C) A facility that is the subject of any State or federal administrative or court order under any of the following authorities:

(i) 42 U.S.C. § 9601 et seq. (CERCLA) or section 6615 of this title (State hazardous materials remediation);

(ii) 42 U.S.C. § 6901 et seq. (Solid Waste Disposal Act) or chapter 159 of this title (solid waste or hazardous waste);

(iii) 33 U.S.C. § 1251 et seq. (federal Water Pollution Control Act) or chapter 47 of this title (water pollution control);

(iv) 15 U.S.C. § 2601 et seq. (Toxic Substances Control Act);

(v) 42 U.S.C. § 300f et seq. (Safe Drinking Water Act) or chapter 56 of this title (public water supply).

(D) A facility that is subject to either of the following:

(i) corrective action under 42 U.S.C. § 6924(u) or 6928(h);

(ii) corrective action permit or order issued or modified to require the implementation of corrective measures.

(E) A land disposal unit in regard to which both of the following apply:

(i) a closure notification under subtitle C of 42 U.S.C. § 6921 et seq. has been submitted;

(ii) closure requirements have been specified in a closure plan or permit.

(F) A facility that is subject to the jurisdiction, custody, or control of any instrumentality of the United States, except for land held in trust by the United States for an Indian tribe.

(G) A portion of a facility to which both the following apply:

(i) a release of polychlorinated biphenyls has occurred;

(ii) is subject to remediation under 15 U.S.C. § 2601 et seq. (Toxic Substances Control Act).

(H) A portion of a facility for which assistance for response activity has been obtained under subtitle I of 42 U.S.C. § 6991 et seq. (Solid Waste Disposal Act) from the Leaking Underground Storage Tank Trust Fund established under 26 U.S.C. § 9508.

(3) “CERCLA” means the Comprehensive Environmental, Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq.

(4) “Innocent current owner” means a person that owns real property where a release or threatened release of a hazardous material exists but the person did none of the following:

(A) held an ownership interest in the property or in any related fixtures or appurtenances, excluding a secured lender's holding indicia of ownership in the property to assure the repayment of a financial obligation at the time of any disposal of hazardous materials on the property;

(B) directly or indirectly caused or contributed to any releases or threatened releases of hazardous materials at the property;

(C) operated or controlled the operation at the property of a facility for the storage treatment or disposal of hazardous materials at the time of the disposal of hazardous materials at the property;

(D) disposed of or arranged for the disposal of hazardous materials at the property;

(E) generated the hazardous materials that were disposed of at the property.

(5) “Program” means the Brownfield Property Cleanup Program.

(6) “Remediation standards” means standards developed by the Secretary for the remediation of contaminated properties. The Secretary shall determine appropriate remediation standards on a site-specific basis and shall consider all the following:

(A) future land use and the appropriate use of institutional controls;

(B) environmental media, including soil, groundwater, surface water, and air;

(C) requirements for source removal, treatment, or containment;

(D) appropriate use of monitored natural attenuation;

(E) any other issue related to the protection of public health and the environment.
10 V.S.A. § 325m — VT Code / Title 10 / Chapter 15 / Section 325m
§ 325m. Rural Economic Development Initiative
Status: in_force

(a) Definitions. As used in this subchapter:

(1) “Rural area” means a county of the State designated as “rural” or “mostly rural” by the U.S. Census Bureau in its most recent decennial census.

(2) “Small town” means a town in the State with a population of less than 5,000 at the date of the most recent U.S. Census Bureau decennial census.

(b) Establishment. There is created the Rural Economic Development Initiative to be administered by the Vermont Housing and Conservation Board for the purpose of promoting and facilitating community economic development in the small towns and rural areas of the State. The Rural Economic Development Initiative shall collaborate with municipalities, businesses, regional development corporations, regional planning commissions, and other appropriate entities to access funding and other assistance available to small towns and businesses in rural areas of the State when existing State resources or staffing assistance is not available.

(c) Services; access to funding. The Rural Economic Development Initiative shall provide the following services to small towns and businesses in rural areas:

(1) identification of grant or other funding opportunities that facilitate business development, infrastructure development, or other economic development opportunities;

(2) technical assistance in writing grants, accessing other funding, coordination with providers of grants or other funding, strategic planning for the implementation or timing of activities funded by grants or other funding, and compliance with the requirements of grant awards or awards of other funding.

(d) Priority. In providing services under this section, the Rural Economic Development Initiative shall give first priority to projects that have received necessary State or municipal approval and that are ready for construction or implementation.

(e) Priority projects. The Rural Economic Development Initiative shall seek to assist the following priority types of projects:

(1) milk plants, milk handlers, or dairy products, as those terms are defined in 6 V.S.A. § 2672;

(2) outdoor recreation and equipment enterprises;

(3) value-added food and forest products enterprises;

(4) farm operations, including phosphorus removal technology for farm operations;

(5) coworking or business generator and accelerator spaces;

(6) commercial composting facilities; and

(7) restoration and rehabilitation of historic buildings in community centers.

(f) Coordination. In providing services under this section, the Rural Economic Development Initiative shall coordinate with the Secretary of Commerce and Community Development, regional development corporations, and regional planning commissions.

(g) Report. Beginning on January 31, 2019, and annually thereafter, the Rural Economic Development Initiative shall submit to the Senate Committees on Agriculture and on Economic Development, Housing and General Affairs and the House Committees on Agriculture and Forestry and on Commerce and Economic Development a report regarding the activities and progress of the Initiative as part of the report of the Vermont Farm and Forest Viability Program. The report shall summarize the Initiative's activities in the preceding year; evaluate the effectiveness of the services provided by the Initiative; provide an accounting of the grants or other funding that the Initiative facilitated or helped secure; and recommend any changes to the program to further economic development in small towns and rural areas of the State.
10 V.S.A. § 6034 — VT Code / Title 10 / Chapter 151 / Section 6034
§ 6034. Tier 1A area status
Status: in_force

(a) Application and approval.

(1) Beginning on January 1, 2026, a municipality, by resolution of its legislative body, may apply to the Land Use Review Board for Tier 1A status for the area of the municipality that is suitable for dense development and meets the requirements of subsection (b) of this section. A municipality may apply for multiple noncontiguous areas to be receive Tier 1A area status. Applications may be submitted at different times.

(2) The Board shall issue an affirmative determination on finding that the municipality meets the requirements of subsection (b) of this section within 45 days after the application is received.

(b) Tier 1A area status requirements.

(1) To obtain a Tier 1A area status under this section, a municipality shall demonstrate to the Board that it has each of the following:

(A) A municipal plan that is approved in accordance with 24 V.S.A. § 4350.

(B) The boundaries are consistent with downtown or village centers and planned growth areas as defined 24 V.S.A. § 4348a(a)(12) in an approved regional plan future land use map with any minor amendments.

(C) The municipality has adopted flood hazard and river corridor bylaws, applicable to the entire municipality, that are consistent with or stronger than the standards established pursuant to subsection 755(b) of this title (flood hazard) and subsection 1428(b) of this title (river corridor) or the proposed Tier 1A area excludes the flood hazard areas and river corridor.

(D) The municipality has adopted permanent zoning and subdivision bylaws that do not include broad exemptions that exclude significant private or public land development from requiring a municipal land use permit.

(E) The municipality has permanent land development regulations for the Tier 1A area that further the smart growth principles of 24 V.S.A. chapter 76A, adequately regulate the physical form and scale of development, provide reasonable provision for a portion of the areas with sewer and water to allow at least four stories, and conform to the guidelines established by the Board.

(F) The Tier 1A area is compatible with the character of adjacent National Register Historic Districts, National or State Register Historic Sites, and other significant cultural and natural resources identified by local or State government.

(G) The municipality has identified and planned for the maintenance of significant natural communities, rare, threatened, and endangered species located in the Tier 1A area or excluded those areas from the Tier 1A area.

(H) Public water and wastewater systems or planned improvements have the capacity to support additional development within the Tier 1A area.

(I) Municipal staff adequate to support coordinated comprehensive and capital planning, development review, and zoning administration in the Tier 1A area.

(2) If any party entitled to notice under subdivision (c)(3)(A) of this section or any resident of the municipality raises concerns about the municipality's compliance with the requirements, those concerns shall be addressed as part of the municipality's application.

(c) Process for issuing determinations of Tier 1A area status.

(1) A preapplication meeting shall be held with the Board staff, municipal staff, and staff of the relevant regional planning commission (RPC) to review the requirements of subsection (b) of this section. The meeting shall be held in person or electronically.

(2) An application by the municipality shall include the information and analysis required by the Board's guidelines on how to meet the requirements of subsection (b) of this section.

(3) After receipt of a complete final application, the Land Use Review Board shall convene a public hearing in the municipality to consider whether to issue a determination of Tier 1A area status under this section.

(A) Notice.

(i) At least 35 days in advance of the Board's meeting, the regional planning commission shall post notice of the meeting on its website.

(ii) The municipality shall publish notice of the meeting 30 days and 15 days in advance of the Board's meeting in a newspaper of general circulation in the municipality, and deliver physically or electronically, with proof of receipt or by certified mail, return receipt requested to the Agency of Natural Resources; the Division for Historic Preservation; the Agency of Agriculture, Food and Markets; the Agency of Transportation; the regional planning commission; the regional development corporations; and the entities providing educational, police, and fire services to the municipality.

(iii) The notice shall also be posted by the municipality in or near the municipal clerk's office and in at least two other designated public places in the municipality, on the websites of the municipality and the regional planning commission, and on any relevant e-mail lists or social media that the municipality uses.

(iv) The municipality shall also certify in writing that the notice required by this subsection (c) has been published, delivered, and posted within the specified time.

(v) Notice of an application for Tier 1A area status shall be delivered physically or electronically with proof of receipt or sent by certified mail, return receipt requested, to each of the following:

(I) the chair of the legislative body of each adjoining municipality;

(II) the executive director of each abutting regional planning commission;

(III) the Department of Housing and Community Development and the Community Investment Board for a formal review and comment; and

(IV) business, conservation, low-income advocacy, and other community or interest groups or organizations that have requested notice in writing prior to the date the hearing is warned.

(B) No defect in the form or substance of any requirements of this subsection (c) shall invalidate the action of the Board where reasonable efforts are made to provide adequate posting and notice. However, the action shall be invalid when the defective posting or notice was materially misleading in content. If an action is ruled to be invalid by the Superior Court or by the Board itself, the municipality shall issue new posting and notice, and the Board shall hold a new hearing and take a new action.

(4) The Board may recess the proceedings on any application pending submission of additional information. The Board shall close the proceedings promptly after all parties have submitted the requested information.

(5) The Board shall issue its determination in writing. The determination shall include explicit findings on each of the requirements in subsection (b) of this section.

(d) Review of status.

(1) Initial determination of status may be made at any time. Thereafter, review of a status shall occur every eight years with a check-in after four years.

(2) The Board, on its motion, may review compliance with the Tier 1A area requirements at more frequent intervals.

(3) If at any time the Board determines that the Tier 1A area no longer meets the standards for the status, it shall take one of the following actions:

(A) require corrective action within a reasonable time frame; or

(B) terminate the status.
10 V.S.A. § 6629 — VT Code / Title 10 / Chapter 159 / Section 6629
§ 6629. Toxics use reduction and hazardous waste reduction plan; plan summary
Status: in_force

(a) Each Class A and Class B generator and each large user shall prepare a toxics use reduction and hazardous waste reduction plan for any toxic substance or hazardous waste identified pursuant to subdivisions (c)(3) or (c)(4) of this section. Initial plans shall be due on or before October 1, 1992 for Class A generators; on or before July 1, 1993 for Class B generators; and on or before July 1, 1996 for large users. Updated plans shall be prepared no later than July 1, 1996 and every third July 1 thereafter. For generators that are both Class A or Class B generators and large users, the toxics use reduction portion of the plan required for chemicals included in the planning process solely by the large user definition is due on July 1, 1996 as an integrated component of a toxics use and hazardous waste reduction plan. A toxics use reduction and hazardous waste reduction plan shall:

(1) determine any toxics use reduction and hazardous waste reduction methods that may be implemented to reduce the use of toxic substances and hazardous waste generated without significantly shifting risks from one part of a process, environmental medium, or product to another;

(2) include a plan to document and implement toxics use reduction methods and hazardous waste reduction methods identified in subdivision (1) of this subsection that are technically and economically feasible for the generator, including performance goals for the reduction of toxic substances and hazardous waste, and including a reasonable implementation schedule.

(b) A facility required to complete a toxics use reduction and hazardous waste reduction plan may include as a preface to its initial plan:

(1) An explanation and documentation regarding toxics use reduction and hazardous waste reduction efforts completed or in progress before the first reporting date.

(2) An explanation and documentation regarding impediments to toxics use reduction and hazardous waste reduction specific to the individual facility.

(c) The toxics use reduction and hazardous waste reduction plan shall be prepared for each site pursuant to the format adopted under section 6626 of this title and shall include:

(1) The name and location of the site, including State plane coordinates.

(2) The SIC Codes of the site.

(3) Identification of each routinely generated hazardous waste resulting from ongoing processes or operations that has:

(A) a yearly weight exceeding five percent of the total yearly weight of hazardous waste generated;

(B) for acutely hazardous waste, a yearly weight exceeding five percent of the total yearly weight of acutely hazardous waste generated at the site.

(4) Identification of each routinely used toxic substance resulting from ongoing processes or operations, exclusive of sale or distribution, that has:

(A) a yearly weight exceeding 4,545.5 kg (10,000 lbs); or

(B) a yearly weight of between 454.5 kg (1,000 lbs) and 4,545.4 kg (10,000 lbs) if the toxic substance comprises 10 percent or more of the total toxic substances used.

(5) For each toxic substance and hazardous waste identified in subdivision (3) or (4) of this subsection, the plan shall include:

(A) an estimate of the quantity of toxic substance, or raw material resulting in hazardous waste, used and hazardous waste generated;

(B) an evaluation of feasible toxics use reduction and hazardous waste reduction methods available to the generator or large user.

(6) A specification of, and a rationale for the technically and economically feasible toxics use reduction and hazardous waste reduction methods that will be taken by the generator or large user with respect to each toxic substance or hazardous waste identified in subdivision (3) or (4) of this subsection. The plan shall give priority to toxics use reduction methods. The plan shall document the generator's or large user's rationale for rejecting any available toxics use reduction or hazardous waste reduction method identified in subdivision (5) of this subsection. The generator or large user shall have the sole and final authority to determine which, if any, toxics use reduction or hazardous waste reduction methods will be implemented.

(7) An evaluation of the effects of the chosen toxics use reduction or hazardous waste reduction method on emissions and discharges to air, water, or land, and with respect to whether or not that method adversely affects compliance with applicable laws, rules, and regulations.

(8) A written statement articulating upper management and corporate policy with respect to the toxics use reduction and hazardous waste reduction plan and a commitment to implement plan goals.

(9) A description of employee awareness programs that may include training programs specific to the implementation of the planning process to inform and involve the employees in toxic use reduction and hazardous waste reduction planning and implementation to the extent technically and economically feasible.

(d) As part of each plan developed under this section, a large user or generator shall establish specific performance goals for the reduction of toxics and hazardous waste in the following categories:

(1) Any toxic substance used in quantities in excess of 4,545.5 kg (10,000 lbs) a year or any toxic substance used in quantities between 454.5 kg (1,000 lbs) and 4,545.5 kg (10,000 lbs) per year that constitutes 10 percent or more of the total toxic substances used.

(2) For Class A and Class B generators, any hazardous waste representing 10 percent or more by weight of the cumulative hazardous waste stream generated per year.

(3) Whenever technically and economically practicable, the specific performance goals established shall be expressed in numeric terms. If the establishment of numeric goals is not practicable, the performance goals shall include a clearly stated list of objectives designed to lead to the establishment of numeric goals as soon as is practicable.

(e) Each generator or large user shall explain the rationale for each performance goal. The rationale for a particular performance goal shall address any impediments to toxics use reduction and hazardous waste reduction, including the following:

(1) The availability of technically practicable toxics use reduction and hazardous waste reduction methods, including any anticipated changes.

(2) The economic practicability of available toxics use reduction and hazardous waste reduction methods, including any anticipated changes. Examples of situations where toxics use reduction or hazardous waste reduction may not be economically practicable include:

(A) For valid reasons of prioritization, a particular facility has chosen to first address other more serious toxics use reduction or hazardous waste reduction concerns.

(B) Necessary steps to reduce toxics use and hazardous waste are likely to have significant adverse impacts on product quality.

(C) Legal or contractual obligations interfere with the necessary steps that would lead to toxics use reduction or hazardous waste reduction.

(f) Class A and Class B generators and large users shall prepare and submit plan summaries and updated plan summaries by the respective deadlines established under subsection (a) of this section for the completion of plans and updated plans. The plan summary shall include:

(1) For each toxic substance or hazardous waste identified in subdivision (c)(3) or (c)(4) of this section, a matrix form that indicates the toxics use reduction and hazardous waste reduction methods the large user or generator plans to implement in the next three years. On the horizontal axis of the matrix shall be listed the toxics use reduction and hazardous waste reduction methods of input substitution, product reformulation, production unit redesign, production unit modernization, improved operation and maintenance of production units, recycling or reuse integral to the production unit, and recycling outside the production process after the waste is generated. On the vertical axis shall be listed the following: method not considered, method considered but rejected (economic feasibility), method considered but rejected (technical feasibility), and method to be implemented. The large user or generator shall mark the intersection of a reduction or management technique on the horizontal axis with one of the options in the vertical axis. The larger user or generator shall provide a general written description of the information provided in the matrix and may provide any additional information to summarize the plan.

(2) A list of toxic substances and hazardous wastes that are covered by the plan.

(3) A written statement articulating upper management and corporate policy with respect to the toxics use reduction and hazardous waste reduction plan and a commitment to implement plan goals.

(4) As an option, a description of the specific performance goals established under subsection (d) of this section.
10 V.S.A. § 5410 — VT Code / Title 10 / Chapter 123 / Section 5410
§ 5410. Location confidential
Status: in_force

(a) The Secretary shall not disclose information regarding the specific location of threatened or endangered species sites or habitats except:

(1) to the owner of land upon which the species is located;

(2) to a potential buyer of land upon which the species is located who has a bona fide contract to buy the land and applies to the Secretary for disclosure of threatened or endangered species information;

(3) to qualified individuals or organizations, public agencies, and nonprofit organizations for scientific research or for preservation and planning purposes when the Secretary determines that the preservation of the species is not further endangered by the disclosure; or

(4) during regulatory processes with the exception of threatened or endangered species listed under subsection (b) of this section.

(b) The Secretary shall maintain a subset list of threatened and endangered species whose specific names shall not be included in regulatory planning. The subset list shall include threatened or endangered species for which the species names and locations shall not be disclosed because of the risk that the species will be significantly harmed by unauthorized take, such as illegal collection, commercial trade, human-caused mortality, or destruction of habitat. The list shall be based on the rarity of the species, known collection and commercial trade activities in Vermont and other states or countries, incidents of human-caused mortality or destruction of habitat, and other factors that present a threat to the continued existence of the species.

(c) When the Secretary issues a permit under this chapter to take a threatened or endangered species or destroy or adversely impact critical habitat and when the Secretary designates critical habitat by rule under section 5402a of this title, the Secretary shall disclose only the municipality and general location where the threatened or endangered species or designated critical habitat is located. When the Secretary designates critical habitat under section 5402a of this title, the Secretary shall notify the municipality in which the critical habitat is located and shall disclose the general location of the designated critical habitat.
10 V.S.A. § 6029 — VT Code / Title 10 / Chapter 151 / Section 6029
§ 6029. Act 250 Permit Fund
Status: in_force

There is hereby established a special fund to be known as the Act 250 Permit Fund for the purposes of implementing the provisions of this chapter. Revenues to the fund shall be those fees collected in accordance with section 6083a of this title, gifts, appropriations, and copying and distribution fees. The Board shall be responsible for the Fund and shall account for revenues and expenditures of the Board. At the Commissioner's discretion, the Commissioner of Finance and Management may anticipate amounts to be collected and may issue warrants based thereon for the purposes of this section. Disbursements from the Fund shall be made through the annual appropriations process to the Board and to the Agency of Natural Resources to support those programs within the Agency that directly or indirectly assist in the review of Act 250 applications. This Fund shall be administered as provided in 32 V.S.A. chapter 7, subchapter 5.
10 V.S.A. § 245 — VT Code / Title 10 / Chapter 12 / Section 245
§ 245. Municipal proceedings
Status: in_force

All actions of a municipality in the exercise of its powers with respect to a project and the financing thereof shall be authorized by resolution adopted by majority vote of all of the members of its governing body. Unless otherwise provided in the resolution, or in the city charter in the case of a city, each resolution shall take effect upon its passage. The terms and details of any transaction may be delegated by the governing body to those authorized by the governing body to enter into the transaction on behalf of the municipality.
10 V.S.A. § 2671 — VT Code / Title 10 / Chapter 83 / Section 2671
§ 2671. Jurisdiction
Status: in_force

The Criminal Division of the Superior Court shall have exclusive jurisdiction over uniform fire prevention tickets issued under this subchapter.
10 V.S.A. § 6203 — VT Code / Title 10 / Chapter 153 / Section 6203
§ 6203. Municipal acquisition of land for mobile home parks
Status: in_force

Any municipality, or group of municipalities jointly, may acquire land for the purpose of encouraging the development of suitable mobile home parks under this chapter, and may lease or sell such land to private persons for that purpose, and may impose additional restrictions on the land conforming to the spirit of this chapter and acquired by a municipality under this section.
10 V.S.A. § 956 — VT Code / Title 10 / Chapter 39 / Section 956
§ 956. Personnel
Status: in_force

The Department of Environmental Conservation may, with the approval of the Governor, employ personnel necessary in the performance of its duties and the exercise of its powers under this chapter.
10 V.S.A. § 1156 — VT Code / Title 10 / Chapter 45 / Section 1156
§ 1156. Reimbursement for economic losses-Article V
Status: in_force

The Commonwealth of Massachusetts agrees to reimburse the State of New Hampshire fifty (50) percent and the State of Vermont fifty (50) percent of the amount of taxes lost to their political subdivisions by reason of ownership by the United States of lands, rights or other property therein for the flood control dams and reservoirs at Surry Mountain in New Hampshire and at Union Village in Vermont.

The State of Connecticut agrees to reimburse the Commonwealth of Massachusetts forty (40) percent, the State of New Hampshire forty (40) percent and the State of Vermont forty (40) percent of the amount of taxes lost to their political subdivisions by reason of ownership by the United States of lands, rights or other property therein for the flood control dams and reservoirs at Tully, at Knightville and at Birch Hill in Massachusetts, at Surry Mountain in New Hampshire and at Union Village in Vermont.

The Commonwealth of Massachusetts agrees to reimburse the State of New Hampshire fifty (50) percent and the State of Vermont fifty (50) percent of the amount of taxes lost to their political subdivisions by reason of acquisition and ownership by the United States of lands, rights or other property therein for construction in the future of any flood control dam and reservoir specified in Article IV (section 1155 of this title) and also for any other flood control dam and reservoir hereafter constructed by the United States in the Connecticut River Valley.

The State of Connecticut agrees to reimburse the Commonwealth of Massachusetts forty (40) percent, the State of New Hampshire forty (40) percent and the State of Vermont forty (40) percent of the amount of taxes lost to their political subdivisions by reason of acquisition and ownership by the United States of lands, rights or other property therein for construction in the future of any flood control dam and reservoir specified in Article IV and also for any other flood control dam and reservoir hereafter constructed by the United States in the Connecticut River Valley.

Annually, not later than November first of each year, the Commission shall determine the loss of taxes resulting to political subdivisions of each signatory state by reason of acquisition and ownership therein by the United States of lands, rights or other property in connection with each flood control dam and reservoir for which provision for tax reimbursement has been made in the four paragraphs next above. Such losses of taxes as determined by the Commission shall be based on the tax rate then current in each such political subdivision and on the average assessed valuation for a period of five years prior to the acquisition by the United States of such property, provided that whenever a political subdivision wherein a flood control dam and reservoir or portion thereof is located shall have made a general revaluation of property subject to the annual municipal taxes of such subdivision, the Commission may use such revaluation for the purpose of determining the amount of taxes for which reimbursement shall be made. Using the percentage of payment agreed to in said four paragraphs, the Commission shall then compute the sum, if any, due from each signatory state to each other signatory state and shall send a notice to the Treasurer of each signatory state setting forth in detail the sums, if any, each is to pay to and to receive from each other signatory state in reimbursement of tax losses.

Each signatory state on receipt of formal notification from the Commission of the sum which it is to pay in reimbursement for tax losses shall, not later than July first of the following year, make its payment for such tax losses to the signatory state wherein such loss or losses occur, except that in case of the first annual payment for tax losses at any dam or reservoir such payment shall be made by payor states not later than July first of the year in which the next regular session of its legislature is held.

Payment by a signatory state of its share of reimbursement for taxes in accordance with formal notification received from the Commission shall be a complete and final discharge of all liability by the payor state to the payee state for each flood control dam and reservoir within the payee state for the time specified in such formal notification. Each payee signatory state shall have full responsibility for distributing or expending all such sums received, and no agency or political subdivision shall have any claim against any signatory state other than the payee state, nor against the Commission relative to tax losses covered by such payments.

Whenever a state which makes reimbursement for tax losses and a state which received such reimbursement from it shall agree, through the Commission, on a lump sum payment in lieu of annual payments and such lump sum payment has been made and received, the requirement that the Commission annually shall determine the tax losses, compute sums due from each state and send notice thereof to the treasurer of each state shall no longer apply to the aforesaid states with respect to any flood control dam and reservoir for which lump sum payment has been made and received.

The Commonwealth of Massachusetts and the State of Connecticut each agrees to pay its respective share in reimbursement, as determined by the Commission under the procedure following, for economic losses and damages occurring by reason of ownership of property by the United States for construction and operation of a flood control dam and reservoir at any site specified in Article IV, and for any other flood control dam and reservoir constructed hereafter by the United States in the Connecticut River Valley, provided, however, that no reimbursement shall be made for speculative losses and damages or losses or damages for which the United States is liable.

On receipt of information from the Chief of Engineers that request is to be made for funds for the purpose of preparing detailed plans and specifications for any flood control dam and reservoir proposed to be constructed in the Connecticut River Valley, including those specified in Article IV, the Commission shall make an estimate of the amount of taxes which would be lost to and of economic losses and damages which would occur in political subdivisions of the signatory state wherein such dam and reservoir would be located, wholly or in part, by reason of acquisition and ownership by the United States of lands, rights or other property for the construction and operation of such flood control dam and reservoir and shall decide whether the flood control benefits to be derived in the signatory states from such flood control dam and reservoir, both by itself and as a unit of a comprehensive flood control plan, justifies, in the opinion of the Commission, the assumption by signatory states of the obligation to make reimbursement for loss of taxes and for economic losses and damages. Such estimate and decision shall thereafter be reviewed by the Commission at five-year intervals until such time as the United States shall have acquired title to the site of such flood control dam or plans for its construction are abandoned. The Commission shall notify the governor, the members of the United States Senate and the members of the United States House of Representatives from each signatory state and the Chief of Engineers as to the Commission's decision and as to any change in such decision.

On receipt of information from the Chief of Engineers that any flood control dam and reservoir is to be constructed, reconstructed, altered or used for any purpose in addition to flood control, including those flood control dams and reservoirs heretofore constructed and those specified in Article IV, the Commission shall make a separate estimate of the amount of taxes which would be lost to and of economic losses and damages which would occur in political subdivisions of the signatory state wherein such dam and reservoir would be located, wholly or in part, by reason of acquisition and ownership by the United States of lands, rights or other property for the construction and operation of such dam and reservoir in excess of the estimated amount of taxes which would be lost and of the economic losses and damages which would occur if the dam were constructed and operated for flood control only and the Commission shall decide the extent to which, in its opinion, the signatory states would be justified in making reimbursement for loss of taxes and for economic losses and damages in addition to reimbursement for such dam and reservoir if constructed and used for flood control only. Such estimate and decision shall thereafter be reviewed by the Commission at five-year intervals until such time as such dam and reservoir shall be so constructed, reconstructed, altered or used or plans for such construction, reconstruction, alteration or use are abandoned. The Commission shall notify the governor, the members of the U.S. Senate and the members of the U.S. House of Representatives from each signatory state as to the Commission's decision and as to any change in such decision.

Within thirty days after acquisition by the United States of the site of any flood control dam the Commission shall proceed to make a final determination of economic losses and damages occasioned by such dam and reservoir. The Commission shall not include in such determination either speculative losses and damages or losses and damages for which the United States is liable.

The Commission shall compute the share the Commonwealth of Massachusetts and the State of Connecticut shall each pay to the state wherein such dam and reservoir is located by multiplying the percentage of flood and damages, as previously determined, by the percentage of flood control benefits which the Commonwealth of Massachusetts and the State of Connecticut each receives, in the allocation by states, of the flood control benefits resulting from the dam and reservoir.

The Commission shall send a notice to the Treasurer of the Commonwealth of Massachusetts and to the Treasurer of the State of Connecticut setting forth in detail the sum, if any, each is to pay to the state wherein such dam and reservoir is located in reimbursement for economic losses and damages and shall also send such notice to the Treasurer of the state wherein such dam and reservoir is located.

The Commonwealth of Massachusetts and the State of Connecticut on receipt of such formal notification by the Commission shall each pay its share of such economic losses or damages to the signatory states wherein such losses or damages occur. Full payment by either state of the sum specified in such formal notification from the Commission as to the amount of economic losses and damages for which such state is to make reimbursement shall be a complete and final discharge of all liability by the payor state to the payee state for economic losses and damages for each flood control dam and reservoir within the payee state designated in such formal notification. Each payee signatory state shall have full responsibility for distributing or expending all such sums received and no agency, political subdivision, private person, partnership, firm, association or corporation shall have any claim against any signatory state other than the payee state, nor against the Commission relative to such economic losses and damages.

A signatory state may, in agreement with the Commission and the Chief of Engineers, acquire title or option to acquire title to any or all lands, rights or other property required for any flood control dam and reservoir within its boundaries and transfer such titles or options to the United States. Whenever the fair cost to said signatory state for such titles or options, as determined by the Commission, is greater than the amount received therefor from the United States, the Commonwealth of Massachusetts and the State of Connecticut shall each pay its share of such excess cost to said signatory state, such share to be determined by the Commission in accordance with procedure herein contained for determining reimbursement for economic losses and damages.

Whenever the Commission shall not agree, within a reasonable time or within sixty days after a formal request from the governor of any signatory state, concerning reimbursement for loss of taxes or for economic losses and damages at any flood control dam and reservoir heretofore or hereafter constructed by the United States in the Connecticut River Valley, or concerning the extent, if any, to which reimbursement shall be made for additional loss of taxes and for additional economic losses and damages caused by construction, reconstruction, alteration or use of any such dam for purposes other than flood control, the governor of each signatory state shall designate a person from his state as a member of a Board of Arbitration, hereinafter called the Board, and the members so designated shall choose one additional member who shall be Chair of such Board. Whenever the members appointed by the governors to such Board shall not agree within sixty days on such additional member of the Board, the governors of such signatory states shall jointly designate the additional member. The Board shall by majority vote decide the question referred to it and shall do so in accordance with the provisions of this compact concerning such reimbursement. The decision of the Board on each question referred to it concerning reimbursement for loss of taxes and for economic losses and damages shall be binding on the Commission and on each signatory state, notwithstanding any other provision of this compact.
10 V.S.A. § 1267 — VT Code / Title 10 / Chapter 47 / Section 1267
§ 1267. Revocation of permits
Status: in_force

The Secretary may, after notice and opportunity for public hearing, under 3 V.S.A. § 814(c), revoke, modify, or suspend any permit issued by the Secretary pursuant to this subchapter upon finding that the permit holder submitted false or inaccurate information in the application or has violated any requirement, restrictions, or condition of the permit or that there is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. The Secretary shall impose conditions as the Secretary deems reasonable for regulating the discharges of a person whose permit has been revoked, modified, or suspended. Revocation shall be effective upon actual notice thereof to the permit holder. When the Secretary determines, after consultation with the Commissioner of Health, that a violation threatens the public health, the Secretary shall suspend the permit until the permit holder removes the risk.
10 V.S.A. § 8005 — VT Code / Title 10 / Chapter 201 / Section 8005
§ 8005. Investigations; inspections; affidavit of compliance
Status: in_force

(a) Inspections and investigations.

(1) An investigator may perform routine inspections to determine compliance.

(2) An investigator may investigate upon receipt or discovery of information that an activity is being or has been conducted that may constitute or cause a violation.

(3) An investigator, upon presentation of credentials, may seek permission to inspect or investigate any portion of the property, fixtures, or other appurtenances belonging to or used by a person whose activity is required to be in compliance. The investigator shall state the purpose of the inspection or investigation. An inspection or investigation may include monitoring, sampling, testing, and copying of any records, reports, or other documents relating to the purposes to be served by compliance.

(4) If permission for an inspection or investigation is refused, the investigator may seek an access order from the District or Superior Court in whose jurisdiction the property is located enabling the investigator to perform the inspection or investigation.

(b) Access orders and information requests.

(1) A Superior Court judge shall issue an access order when access has been refused and the investigator, by affidavit, describes the property to be examined and identifies:

(A) a provision of a permit that authorizes the inspection; or

(B) the property as being scheduled for inspection in accordance with a neutral inspection program adopted by the Secretary or the Land Use Review Board; or

(C) facts providing reasonable grounds to believe that a violation exists and that an examination of the specifically described property will be of material aid in determining the existence of the violation.

(2) A Superior Court shall issue an order requiring compliance with an information request submitted pursuant to section 6615c of this title when:

(A) the person served with the request fails to respond to the request in the time frame identified by the Secretary;

(B) the Secretary submits, by affidavit, facts providing reasonable grounds that a release or threatened release has taken place; and

(C) the information will be of material aid in responding to the release or threatened release.

(3) Issuance of an access order shall not negate the Secretary's authority to initiate criminal proceedings in the same matter by referring the matter to the Office of the Attorney General or a State's Attorney.

(c) At any time, the Secretary, the Land Use Review Board, or a District Commission created pursuant to subsection 6026(b) of this title may require a permittee to file an affidavit under oath or affirmation that a facility, project, development, subdivision, or activity of the permittee is in compliance with an assurance of discontinuance or order issued under this chapter or a permit issued under a statute identified under subsection 8003(a) of this title or under a rule enforceable under authority set forth under a statute identified under subsection 8003(a) of this title. A request for an affidavit of compliance under this subsection may be delivered by hand or by certified mail. Failure to file an affidavit within the period prescribed by the Secretary, Land Use Review Board, or District Commission or the material misrepresentation of fact in the affidavit shall be a violation and shall also constitute grounds for revocation of the permit to which the affidavit requirement, assurance of discontinuance, or order under this chapter applies.
10 V.S.A. § 4606 — VT Code / Title 10 / Chapter 111 / Section 4606
§ 4606. Taking fish by unlawful means
Status: in_force

(a) A person shall not take fish by means of explosives, or use explosives in any waters, or have the same in his or her possession upon any waters, the shores thereof, or islands therein, except for mining or mechanical purposes.

(b) A person shall not place in any waters lime, creosote, coculus inducus, or other drug or poison destructive to fish.

(c) A person shall not take or kill fish by shutting or drawing off water.

(d) A person, except as otherwise provided, shall not use or have in his or her possession for use or furnish for another's use, for taking fish, a pound net, trap net, seine, snare, gill net, set net, fyke net, set line, fishing otter, trawl or grapple, or similar device for killing fish or have in his or her possession such device on any waters or the shores thereof or the islands therein. Such devices may be summarily seized and destroyed by a game warden. Nothing in this subsection shall prohibit the taking of fish with, or the possession of, a spear or artificial light or the taking of eels with eel pots in designated areas of Lake Champlain.

(e) In Lake Champlain pickerel, northern pike, carp, garfish, bowfin, mullet, shad, suckers, bullhead, and other cull fish may be taken from March 25 to May 25 by shooting and spearing in other than spawning areas designated under section 4140 of this title. For the purposes of this subsection, Lake Champlain includes all connected waters at the same level.

(f) Except as authorized in chapter 105, subchapter 2 of this title and as utilized by the Department of Fish and Wildlife, electrofishing is prohibited in all waters of the State.

(g) A person shall not use a lead sinker for taking of fish in any State waters. In this section, “sinker” means any device that weighs one-half ounce or less and is attached to a fishing line for the purpose of sinking the line, and does not include other lead fishing-related items such as weighted fly line, lead-core fishing line, downrigger cannon balls, weighted flies, lures, spoons, or jig heads.
10 V.S.A. § 1334 — VT Code / Title 10 / Chapter 47 / Section 1334
§ 1334. Composition of Commission-Article III
Status: in_force

The Commission shall consist of five commissioners from each signatory state, each of whom shall be a resident voter of the state from which he or she is appointed. The commissioners shall be chosen in the manner and for the terms provided by law of the state from which they shall be appointed. For each state there shall be on the Commission a member representing the state health department, a member representing the state water pollution control board (if such exists), and, except where a state in its enabling legislation decides that the best interests of the state will be otherwise served, a member representing municipal interests, a member representing industrial interests, and a member representing an agency acting for fisheries or conservation.
10 V.S.A. § 280m — VT Code / Title 10 / Chapter 12 / Section 280m
§ 280m. Loan and lease terms
Status: in_force

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

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

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

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

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

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

(c) Notwithstanding any provisions of this subchapter to the contrary, the Secretary may waive any of the requirements contained in this section if such waiver would not cause the loan or the Program to violate the requirements of ISTEA or the NHS Act or any other applicable federal requirement.
10 V.S.A. § 6308 — VT Code / Title 10 / Chapter 155 / Section 6308
§ 6308. Rights in perpetuity unless limited
Status: in_force

(a) If the legislative body of a municipality in the case of municipal rights or interests, or a State agency in the case of State-owned rights or interests, finds that the retention of the rights or interests is no longer needed to carry out the purposes of this chapter, the rights or interests may be released and conveyed to the co-owner, to another public agency, to another party holding other rights or interests in the land, or to a third party. Where the conveyance is to a party other than another public agency or qualified organization, the municipality or State agency shall receive adequate compensation from that party for the conveyance of the rights or interests.

(b) The conveyance of rights or interests in real property less than fee simple made under the authority of this chapter shall be perpetual, except if the conveyance is limited by its terms to a specific period.
10 V.S.A. § 1684 — VT Code / Title 10 / Chapter 56 / Section 1684
§ 1684. Conservation requirements
Status: in_force

The General Assembly finds that water is a natural resource that should be managed efficiently to reduce waste through promotion of water conservation. It shall be the policy of the State to conserve the water resources of Vermont through technology, methods, and procedures designed to promote efficient use of water; to consider water conservation in all water use decisions; and to reduce or minimize the waste of water through water supply management practices.
10 V.S.A. § 7158 — VT Code / Title 10 / Chapter 164A / Section 7158
§ 7158. Fees; disposition
Status: in_force

(a) A manufacturer or stewardship organization shall pay $2,000.00 annually for operation under a collection plan approved by the Secretary under section 7156 of this title.

(b) The fees collected under subsection (a) of this section shall be deposited in the Environmental Permit Fund established under 3 V.S.A. § 2805. The Agency shall utilize no more than $20,000.00 annually of the fees collected under subsection (a) for the performance of its responsibilities under section 7156 of this title.
10 V.S.A. § 329 — VT Code / Title 10 / Chapter 15A / Section 329
§ 329. Annual report
Status: in_force

Prior to January 31 of each year, the corporation formed under section 328 of this title shall submit a report concerning its activities to the Governor, to the House Committees on Appropriations, on Commerce and Economic Development, on Corrections and Institutions, on General and Housing, on Environment, and on Ways and Means and to the Senate Committees on Appropriations, on Economic Development, Housing and General Affairs, on Finance, on Institutions, and on Natural Resources and Energy. The report shall include the following information:

(1) A list and description of activities funded by the Sustainable Jobs Fund Program during the preceding year.

(2) A list of contributions received by the Board, whatever their form or nature, and the source thereof, unless anonymity is a condition of a particular contribution.

(3) A full financial report of the activities of the Sustainable Jobs Fund Program, including a special accounting of all activities from July 1 through December 31 of the year preceding the legislative session during which the report is submitted.

(4) If more than 70 percent of the funds allocated by the Sustainable Jobs Fund Program during the previous year were allocated to either one of the dual goals of this chapter in such a manner that the other goal was not achieved as established in section 326 of this title, and subdivisions 326(a)(5) and (6) of this title in particular, the Program shall set forth its reasons for the manner of allocation.

(5) A summary of work completed in the Farm-to-Plate Investment Program, including progress toward meeting the program goals, information regarding any advisory panel meetings, an accounting of all revenues and expenses related to the Program, and recommendations regarding future Program activity. The report shall also include information regarding the status of State government procurement of local foods.
10 V.S.A. § 621 — VT Code / Title 10 / Chapter 25 / Section 621
§ 621. General powers and duties
Status: repealed

The Agency shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including those general powers provided a business corporation by 11A V.S.A. § 3.02 and those general powers provided a nonprofit corporation by 11B V.S.A. § 3.02 and including, without limiting the generality of the foregoing, the power to:

(1) make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter, including contracts and instruments that may be made and executed with the State or the United States or any agency or instrumentality of either of them or with private corporations or individuals, including contracts with mortgage lenders or other qualified entities for the servicing of mortgages made or acquired by the Agency pursuant to this chapter or for assistance rendered the Agency in the location of all eligible mortgagees or to pay the reasonable value of services rendered to the Agency pursuant to these contracts;

(2) acquire real or personal property, or any interest therein, on either a temporary or long-term basis in its own name by gift, transfer, foreclosure, lease, pledge, assignment, or otherwise, including rights or easements in real property; hold, sell, assign, lease, encumber, mortgage, or otherwise dispose of any real or personal property or any interest therein; hold, sell, assign, or otherwise dispose of any mortgage lien interest owned by it or under its control, custody or in its possession; and release or relinquish any right, title, claim, lien, interest, easement, or demand however acquired, including any equity or right of redemption in property foreclosed by it and to do any of the foregoing by public or private sale, with or without public bidding, notwithstanding the provisions of any other law;

(3) receive and accept grants, aid, or contributions, from any source, of money, property, labor, or other things of value, to be held, used, and applied or awarded to carry out the purposes of this chapter subject to the conditions upon which the grants, aid, and contributions may be made, including gifts or grants from any agency or instrumentality of the United States or of this State for payment of rent supplements to eligible persons or families or for the payment in whole or in part of the interest expense of residential housing or for any other purpose consistent with this chapter;

(4) provide, contract, or arrange for consolidated processing of any aspect of the financing of residential housing under this chapter in order to avoid duplication thereof by either undertaking the processing in whole or in part on behalf of any department, agency, or instrumentality of the United States or of this State, or, in the alternative, to delegate or contract for the processing in whole or in part to any department, agency, or instrumentality of the United States or of this State, or to a private contractor acceptable to the Agency;

(5) provide advice, technical information, assistance in obtaining federal and State aid, and make such grants, loans, or advances as will assist the planning, construction, rehabilitation, and operation of residential housing primarily for persons of low and moderate income, including assistance in community development and organization, advisory services, the formation of cooperative housing corporations and to encourage community organizations to assist in developing same;

(6) conduct research and promote development in housing, building technology, and related fields;

(7) stimulate environmental planning for housing for persons of low and moderate income in order to enhance opportunities of such persons for self-development and employment;

(8) procure insurance against any loss in connection with its property and other assets, including mortgages and mortgage loans, in such amounts and from such insurers as it deems desirable;

(9) subject to any agreement with bondholders or noteholders, invest monies of the Agency not required for immediate use, including proceeds from the sale of any bonds or notes, at the discretion of the Agency in the same manner as permitted for investment of funds belonging to the State or held in the Treasury;

(10) include in any borrowing such amounts as may be deemed necessary by the Agency to pay financing charges, interest on its obligations for a period not exceeding one year from their date, consultant advisory and legal fees, and such other expenses as are necessary or incident to such borrowing;

(11) subject to any agreement with bondholders or noteholders, purchase bonds or notes of the Agency out of any funds or money of the Agency available therefor, and to hold, cancel, or resell such bonds or notes;

(12) make and publish rules and regulations respecting its housing programs and such other rules and regulations as are necessary to effectuate its corporate purposes;

(13) borrow money and issue bonds and notes or other evidences of indebtedness thereof, issue mortgage credit certificates as hereinafter provided;

(14) subject to any agreement with bondholders or noteholders, refinance any mortgage loan made by the Agency in accordance with this chapter and consent to any modification with respect to rate of interest, time and payment of any installment of principal or interest, security or any other term of any contract, mortgage, mortgage loan, mortgage loan commitment, contract, or agreement of any kind to which the Agency is a party, and refinance any loan made by others if the Agency finds that such refinancing will maintain or increase the supply of residential housing in the State for persons and families of low and moderate income;

(15) procure or agree to the procurement of insurance or guarantees from the federal government of the payment of any bonds or notes or any other evidences of indebtedness thereof issued by the Agency including the power to pay premiums on any such insurance;

(16) purchase and enter into commitments to purchase eligible securities from mortgage lenders provided the proceeds of such purchase are reinvested by such mortgage lenders in new mortgage loans on residential housing for occupancy by persons and families of low and moderate income;

(17) do any and all things necessary or convenient to effectuate the purposes and provisions of this chapter and to carry out its purposes and exercise the powers given and granted in this chapter;

(18) make grants and loans or advances for predevelopment activities related to the development of residential housing;

(19) make loans or advances secured by a mortgage to housing sponsors for the acquisition, construction, rehabilitation, operation, or maintenance of residential housing;

(20) make loans to members of a housing cooperative corporation to finance their cooperative interests in such housing cooperative corporation and make mortgage loans and loans to persons or families to finance mobile homes;

(21) use funds received from real estate trust and escrow accounts established under 26 V.S.A. § 2214(c), IORTA funds, for down payment and closing cost assistance with priority given to persons and families at or below 90 percent of median income and to persons and families purchasing perpetually affordable housing;

[Subdivision (22) repealed on July 1, 2039.]

(22) issue bonds, notes, and other obligations secured by the property transfer tax revenues transferred to the Agency pursuant to 32 V.S.A. § 9610(d); and

(23) develop a program to finance and promote housing weatherization using funds appropriated by the State, funds generated through issuing bonds, notes and other obligations of the Agency, and funds from other sources obtained through grants or other arrangements, giving priority to programs benefiting persons and families at or below 120 percent of median income with high energy burdens and to programs to expand the pool of qualified weatherization contractors in the State.
10 V.S.A. § 624 — VT Code / Title 10 / Chapter 25 / Section 624
§ 624. Making of loans to housing sponsors
Status: repealed

(a) The Agency may:

(1) Make, undertake commitments to make, purchase, undertake commitments to purchase, and participate with mortgage lenders in the making of mortgage loans, and to make grants, loans, and advances to housing sponsors to finance the acquisition, construction, or rehabilitation of residential housing, provided, that this subdivision shall not be construed to include equity loans.

(2) Institute any action or proceeding against any housing sponsor receiving a loan under the provisions of this chapter, or owning any residential housing under this chapter in any court of competent jurisdiction in order to enforce the provisions of this chapter or the terms and provisions of any agreement or contract between the Agency and the recipients of loans under the provisions of this chapter, or to foreclose its mortgage, or to protect the public interest, the occupants of the residential housing, or the stockholders or creditors, if any, of the housing sponsors. In connection with any such action or proceeding it may apply for the appointment of a receiver to take over, manage, operate, and maintain the affairs of the housing sponsor and the Agency, through such agent as it designates, may accept the appointment of the receiver of any housing sponsor when so appointed by a court of competent jurisdiction. In the event of the reorganization of any housing sponsor, to the extent possible under the provisions of law, the reorganization shall be subject to the supervision and control of the Agency and no reorganization may be accomplished without the prior written consent of the Agency. In the event of a judgment against any housing sponsor in any action not pertaining to the foreclosure of a mortgage, there may be no sale of any of the real property included in any residential housing of that housing sponsor except upon 60 days written notice to the Agency. Upon receipt of the notice the Agency shall take such steps as in its judgment may be necessary to protect the rights of all parties.

(3) Make, undertake commitments to make, purchase, undertake commitments to purchase, and participate with mortgage lenders in the making of equity loans.

(b) The Agency shall provide by rules or regulations for the terms and conditions of mortgage loans to housing sponsors of residential housing. Mortgage loans made by the Agency to housing sponsors, in addition to such other terms and conditions as the Agency may by rule or regulation provide, shall be subject to the following:

(1) No application for a mortgage loan may be approved unless the applicant is a housing sponsor as defined in section 601 of this title;

(2) The mortgage loan may be in an amount not to exceed the value of the residential housing as determined by the Agency. The value determined may include the value of additional collateral as deemed appropriate by the Agency;

(3) The mortgage loan shall be secured in such manner and be repaid in such period, not exceeding 40 years, as may be determined by the Agency and shall bear interest at a rate determined by the Agency. The interest rates shall be established by the Agency at the lowest level consistent with the Agency's cost of operation and its responsibilities to the holders of its bonds, bond anticipation notes, and other obligations. In addition to such interest charges, the Agency may make and collect such fees and charges, including reimbursement of the Agency's operating expenses, financing costs, service charges, insurance premiums, and mortgage insurance premiums, as the Agency determines to be reasonable;

(4) Each mortgage and promissory note accompanying the mortgage shall contain such terms and provisions and be in such form as approved by the Agency;

(5) Each mortgage loan to a housing sponsor for residential housing shall be subject to an agreement between the agency and the housing sponsor which will subject the housing sponsor and its principals or stockholders, if any, to limitations established by the agency as to sale prices, rental, and other charges, builder's and developer's profits and fees, and the disposition of its property and franchise to the extent more restrictive limitations are not provided by the law under which the housing sponsor is incorporated or organized or by this chapter; and

(6) The Agency shall have the power at all times during the construction or rehabilitation of residential housing and its operation:

(A) to enter upon and inspect any residential housing including all parts thereof, for the purpose of investigating the physical and financial condition thereof, and its construction, rehabilitation, operation, management, and maintenance, and to examine all books and records of the housing sponsor with respect to capitalization, income, and other matters relating thereto and to make those charges as may be required to cover the cost of the inspections and examinations;

(B) to order such alterations, changes, or repairs as may be necessary to protect the security of its investment in residential housing or the health, safety, and welfare of the occupants or its users and to ensure that the residential housing is or has been constructed or rehabilitated in conformity with all applicable plans and specifications and building codes; and

(C) to order any managing agent or sponsor of residential housing to do those acts as may be necessary to comply with the provisions of all applicable laws, ordinances, or building codes or any rule or regulation of the Agency or the terms of any agreement concerning the residential housing or to refrain from doing any acts in violation of it, and in this regard the Agency shall be a proper party to file a complaint and to prosecute thereon for any violations of law, ordinances or building codes as set forth in this chapter.

(c) [Repealed.]
10 V.S.A. § 1530 — VT Code / Title 10 / Chapter 53 / Section 1530
§ 1530. Abandoned beverage container deposits
Status: in_force

(a) As used in this section, “deposit initiator” means the first distributor or manufacturer to collect the deposit on a beverage container sold to any person within the State.

(b) Beginning on January 1, 2020, and quarterly thereafter, every deposit initiator shall report to the Secretary of Natural Resources and the Commissioner of Taxes. The report shall be submitted on or before the 25th day of the calendar month succeeding the quarter ending on the last day of March, June, September, and December each year. The deposit initiator shall submit the report on a form provided by the Commissioner of Taxes. The report shall include:

(1) the number of beverage containers sold in the preceding quarter and the number of beverage containers returned in the preceding quarter;

(2) the amount of beverage container deposits received by the deposit initiator;

(3) the amount of refund payments made in the preceding quarter; and

(4) any additional information required by the Commissioner of Taxes.

(c)(1) On or before January 1, 2020, and quarterly thereafter, at the time a report is filed pursuant to subsection (d) of this section, each deposit initiator shall remit to the Commissioner of Taxes any abandoned beverage container deposits from the preceding quarter. The amount of abandoned beverage container deposits for a quarter is the amount equal to the amount of deposits that the deposit initiator collected in the quarter less the amount of the total refund value paid out by the deposit initiator for beverage containers during the quarter.

(2) In any calendar quarter, the deposit initiator may submit to the Commissioner of Taxes a request for reimbursement of refunds paid under this chapter that exceed the amount of deposits collected in the quarter. The Commissioner of Taxes shall pay a request for reimbursement under this subdivision from the funds remitted to the Commissioner under subdivision (1) of this subsection, provided that:

(A) the Commissioner determines that the deposits collected by the deposit initiator are insufficient to pay the refunds on returned beverage containers; and

(B) a reimbursement paid by the Commissioner to the deposit initiator shall not exceed the amount paid by the deposit initiator under subdivision (1) of this subsection (c) less amounts paid to the initiator pursuant to this subdivision (2) in the previous four quarterly filings.

(3) Except as expressly provided otherwise in this chapter, all the administrative provisions of 32 V.S.A. chapter 151, including those relating to collection, enforcement, interest, and penalty charges, shall apply to the remittance of abandoned beverage container deposits.

(4) A deposit initiator may within 60 days after the date of mailing of a notice of deficiency, the date of a full or partial denial of a request for reimbursement, or the date of an assessment petition the Commissioner of Taxes in writing for a hearing and determination on the matter. The hearing shall be subject to and governed by 3 V.S.A. chapter 25. Within 30 days after a determination, an aggrieved deposit initiator may appeal a determination by the Commissioner of Taxes to the Washington Superior Court or the Superior Court of the county in which the deposit initiator resides or has a place of business.

(5) Notwithstanding any appeal, upon finding that a deposit initiator has failed to remit the full amount required by this chapter, the Commissioner of Taxes may treat any refund payment owed by the Commissioner to a deposit initiator as if it were a payment received and may apply the payment in accordance with 32 V.S.A. § 3112.

(d) The Secretary of Natural Resources may prohibit the sale of a beverage that is sold or distributed in the State by a deposit initiator who fails to comply with the requirements of this chapter. The Secretary may allow the sale of a beverage upon the deposit initiator's coming into compliance with the requirements of this chapter.

(e) Data reported to the Secretary of Natural Resources and the Commissioner of Taxes by a deposit initiator under this section shall be confidential business information exempt from public inspection and copying under 1 V.S.A. § 317(c)(9) but shall not be confidential return information under 32 V.S.A. § 3102, provided that the Commissioner of Taxes may use and disclose such information in summary or aggregated form that does not directly or indirectly identify individual deposit initiators except to the Secretary of Natural Resources in relation to the administration of this chapter.
10 V.S.A. § 1005a — VT Code / Title 10 / Chapter 41 / Section 1005a
§ 1005a. Agency of Natural Resources; hydroelectric escrow fund
Status: in_force

(a) The Secretary of Natural Resources, with the approval of the Secretary of Administration, shall have the authority to enter into one or more written contracts with persons or entities to fund certifications under Section 401 of the federal Clean Water Act and State reviews and comments on Federal Energy Regulatory Commission (FERC) hydroelectric licensing as undertaken by or at the direction of the Agency of Natural Resources as the State's agent under section 1004 of this title. Funding provided under this section for such studies shall not exceed $300,000.00 in the aggregate in any fiscal year. Such contracts shall establish mutually agreed upon study budgets, provide a means for tracking costs as they are incurred by the Agency in conducting the studies, establish a procedure for rendering periodic billings to the persons or entities contracting with the Agency for the payment of such costs, and provide for an annual accounting of all such expenditures through the annual State budget process. The term of any such contract may not exceed three years. The Agency of Natural Resources may enter into one or more contracts with more than one person or entity providing for payment of such costs through an agent, provided such agent is mutually agreed upon by the participating persons or entities and the Agency.

(b) All payments made to the Agency under such contracts shall be deposited into a special escrow fund created by the persons or entities with whom the Agency has contracted, to be known as the Hydroelectric Licensing Fund. All unencumbered balances in the Fund at the end of any fiscal year shall revert to the persons or entities contracted with on a prorated basis. Disbursements from the Fund shall be made to the Agency of Natural Resources to support those programs of the Agency of Natural Resources incurring the costs of conducting the studies.
10 V.S.A. § 823 — VT Code / Title 10 / Chapter 34 / Section 823
§ 823. Interests in real property
Status: in_force

Conservation and preservation rights and interests shall be deemed to be interests in real property and shall run with the land. A document creating such a right or interest shall be deemed to be a conveyance of real property and shall be recorded under 27 V.S.A. chapter 5 but shall not be subject to the requirement of filing a notice of claim within the 40-year period as provided in 27 V.S.A. § 603. Such a right or interest shall be enforceable in law or in equity. Any subsequent transfer, mortgage, lease, or other conveyance of the real property or an interest in the real property shall reference the grant of conservation rights and interests in the real property; provided, however, that the failure to include a reference to the grant shall not affect the validity or enforceability of the conservation rights and interests.
10 V.S.A. § 6262 — VT Code / Title 10 / Chapter 153 / Section 6262
§ 6262. Park owner obligations; warranty of habitability; rules
Status: in_force

(a) In any lot rental agreement, the park owner shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean, and fit for human habitation. This warranty requires the park owner to provide adequate and reliable utility services, including safe electrical service, potable water, and sewage disposal to a location on each lot from which these utilities can be connected to the mobile home. The warranty also requires the park owner to ensure that the roads, common areas, and facilities within the mobile home park are safe and fit for the purpose for which they were reasonably intended.

(b) The Department, in cooperation with the Agency of Natural Resources, the Department of Public Safety, and the Department of Health, shall, by rule, adopt standards for safety, cleanliness, and fitness for human habitation regarding the rental of a mobile home lot within a mobile home park.

(c) No rental agreement shall contain any provision by which the leaseholder waives the protections of the implied warranty of habitability. Any such waiver shall be deemed contrary to public policy and shall be unenforceable and void.
10 V.S.A. § 4557 — VT Code / Title 10 / Chapter 109 / Section 4557
§ 4557. Supreme Court rules
Status: in_force

The Supreme Court may make and amend rules consistent with this subchapter governing proceedings under this subchapter. The rules shall be adopted under 12 V.S.A. § 1.
10APPENDIX V.S.A. § 25 — VT Code / Title 10APPENDIX / Chapter 1 / Section 25
App. § 25. Nongame wildlife species
Status: in_force

(a) A plan for the management of nongame wildlife species in Vermont includes all members of the animal kingdom: mammals, birds, reptiles, amphibians, fish, mollusks, crustaceans, insects, and other invertebrates; and is limited to native species not commonly taken for sport or profit, nor classified as domesticated.

(b) Projects determined in accordance with the plan will be coordinated by the Nongame and Natural Heritage Program and performed by program staff with assistance from other Fish and Wildlife Department staff and cooperating organizations and individuals. Projects may also be performed on a contractual basis with qualified individuals and/or institutions.

(c) The plan comprises four primary objectives: (1) inventories and status determination of species and natural communities, (2) species, habitat, and natural community management, (3) planning assistance and environmental review, and (4) outreach and education. Determination of project priorities will include consideration of species status and degree of threat, population and habitat trends, level of knowledge, public interest and support, availability of funding, arenas underserved by other institutions, and ability to make a difference.

(d) Financial resources for project expenditures will be derived from donations to the Vermont Nongame Wildlife Fund, proceeds from sale of vehicle conservation license plates, federal funding sources, the business community, grants, and other sources authorized by the Commissioner of Fish and Wildlife.

(1) Inventories and Status Determination of Species and Natural Communities: Inventories of Vermont's wildlife and natural communities will be conducted to increase our understanding about Vermont's wildlife, their rarity, threats to their continued survival, and to help identify other conservation needs. Status will be determined for species and natural communities as practicable and the expertise of others will be solicited when needed.

(2)(A) Species, Habitat, and Natural Community Management: Monitoring and management of populations will proceed if needed based on status determination and level of knowledge. Measures to reduce threats or enhance numbers in populations experiencing decline will be taken. In situations where a common species is negatively impacting other wildlife or humans, population control or management may be attempted. Species may be reintroduced when appropriate. Legal protection of nongame species will be enforced by law enforcement personnel. Collection of nongame wildlife for scientific research, education purposes, or for the purpose of using them as the subjects of art or photography shall be authorized by issuance of a Scientific Collection Permit. Other collections or take of nongame wildlife shall be authorized by Commissioner letter in addition to a valid Vermont Hunting License or Small Game License.

(B) Land in state ownership will be managed using appropriate wildlife and natural community management techniques. Site-specific management on state lands and on other lands when landowner permission is granted may include placement of predator shields, artificial nesting platforms, and informational signs; controlled burning; vegetation management; and water level stabilization. Wildlife and natural community management will be encouraged through publications and other outreach efforts.

(3) Planning Assistance and Environmental Review: Certain critical land and aquatic systems will be protected statewide. Protection will be afforded through Act 250 criteria and other legislation, land acquisition, purchase of development rights, conservation agreements, and the assistance of interested landowners. Aquatic systems will be protected through current laws and legislation, and acquisition of riparian lands. Conservation and other planning will be assisted through appropriate information sharing using the Biological Conservation Database (BCD). Caution shall be exercised so that revealing site-specific information does not result in threats to rare species and necessary habitat or compromise landowner privacy interests.

(4) Outreach and Education: To foster increased respect and appreciation of our natural heritage, education and outreach efforts will be directed toward achieving a better understanding of Vermont's nongame wildlife, their habitats, and natural communities. An Outreach and Education Specialist position will be integrated into the Nongame and Natural Heritage Program and help develop an education and outreach strategy. Activities to enhance nongame wildlife education will complement other Department and Agency efforts, and those of other conservation education groups. Networking with other organizations and teachers will be emphasized in order to maximize information exchange. Products and activities may include, but are not limited to, fact sheets, booklets, slide shows, videos, workshops, exhibits, and school programs. Opportunities for nongame wildlife education will be created when appropriate on public land. These may include, but are not limited to observation areas and walking trails.
10 V.S.A. § 4261 — VT Code / Title 10 / Chapter 105 / Section 4261
§ 4261. Lost, replacement, or free license certificate
Status: in_force

(a) A person who has lost a license other than a lifetime license or permanent license may demand a lost license certificate from the agent of original issue. The fee shall be $5.00, which the agent may retain. If the agent of original issue is no longer selling licenses, the applicant may apply directly to the Department. If available, replacement and free licenses may be obtained from a point-of-sale agent or online at the State's website. If requested from a point-of-sale agent, a $1.50 filing fee may be charged and retained by the agent.

(b) A person who has lost a lifetime license or permanent license may obtain a new license upon application to the Department, payment of a $5.00 fee, and submission of proof of identification. If available, replacement and free licenses may be obtained from a point-of-sale agent or online at the State's website. If requested from a point-of-sale agent, a $1.50 filing fee may be charged and retained by the agent.