10APPENDIX V.S.A. § 114a — VT Code / Title 10APPENDIX / Chapter 2 / Section 114a
App. § 114a. Rule defining mouths of tributaries and lines between points to identify the Vermont portion of Lake Champlain
Status: in_force

1.0 Authority.

This rule is promulgated pursuant to 10 V.S.A. § 4609.

This rule defines the Vermont portion of Lake Champlain, for reciprocal license purposes, easterly of which a Vermont fishing license is required for all individuals fifteen (15) years of age or older.

This rule shall apply to all persons who take or attempt to take fish on the Vermont portion of Lake Champlain and that portion of Lake Champlain easterly of the Vermont portion of Lake Champlain.

2.0 Purpose

The purpose of this rule is to:

(a) Define that portion of Lake Champlain lying between the Vermont-New York State boundary and that portion of Lake Champlain lying wholly in Vermont where holders of a New York fishing license are extended reciprocal fishing privileges, and

(b) Provide a border for the eastern side of the Vermont portion of Lake Champlain that is easy for anglers to identify, and

(c) Ensure the conservation of the fish in the state.

3.0 The Vermont-New York Lake Champlain Border.

For the purposes of this rule, and for reciprocal fishing privileges authorized by 10 V.S.A. § 4609(b), the Vermont-New York Lake Champlain Border is defined as starting at a point where the Poultney River empties into the East Bay, then through the middle of the deepest channel of East Bay to the middle of the deepest channel of Lake Champlain, then following the middle of the deepest channel of Lake Champlain in a generally northerly direction to the east of the Four Brothers Islands and the west of Grand Isle, North Hero and Isle La Motte, to the United States border with Canada.

4.0 The Eastern Border of the Vermont Portion of Lake Champlain.

For the purposes of this rule, and for reciprocal fishing privileges authorized by 10 V.S.A. § 4609(b), the eastern border of the Vermont portion of Lake Champlain is defined as a line starting on the north shore of the Poultney River where it empties into East Bay, proceeding generally northerly along the shore to the old Rutland Railroad fill on Colchester Point, then following the western side of the old Rutland Railroad fill to Allen Point on Grand Isle, continuing northerly following the western shore of Grand Isle to Tromp Point, then across The Gut to Bow and Arrow Point, then continuing generally northerly along the western shore of North Hero to Pelots Point, then across the Alburg passage to the Point of the Tongue, and then along the western shore of the Alburg peninsula to the United States Border with Canada. When this line crosses a tributary to Lake Champlain, the line shall proceed from the downstream most point of land on one side of the tributary to the downstream most point of land on the other side of the tributary.

5.0 Permitted Activities.

Holders of New York fishing licenses may take fish from that portion of Lake Champlain lying between the Vermont-New York border of Lake Champlain and the eastern border of the Vermont portion of Lake Champlain as defined in Part 4.0 above provided the State of New York grants the right to take fish to holders of Vermont fishing licenses in that portion of Lake Champlain lying between the Vermont-New York border and the New York shore.

Graphic Representation of the Mouth of a Tributary
10 V.S.A. § 7000 — VT Code / Title 10 / Chapter 161 / Section 7000
§ 7000. Implementation of the provisions of this chapter
Status: in_force

(a) There shall be no further implementation of the provisions of this chapter unless authorized by an act of the General Assembly. Any such act authorizing further implementation of this chapter shall include provisions that establish or designate an entity to accomplish the functions previously assigned, under this chapter, to the Low-Level Radioactive Waste Authority.

(b) The Low-Level Radioactive Waste Fund created under subsection 7013(a) of this title shall be terminated after funds are transferred in accordance with subdivision 7067(b)(4) of this title.
10 V.S.A. § 7587 — VT Code / Title 10 / Chapter 168 / Section 7587
§ 7587. Retailer obligations [Effective until January 1, 2026; see also 10 @ § 7587 effective January 1, 2026, set out below]
Status: in_force

(a) Sale prohibited. Except as set forth in subsection (b) of this section, no retailer shall sell or offer for sale a primary battery on or after January 1, 2016 unless the producer of the primary battery is implementing an approved primary battery stewardship plan, is a member of a primary battery stewardship organization implementing an approved primary battery stewardship plan, or is exempt from participation in an approved plan, as determined by review of the producers listed on the Agency website required in subsection 7586(f) of this title.

(b) Inventory exception; expiration or revocation of producer registration. A retailer shall not be responsible for an unlawful sale of a primary battery under this subsection if:

(1) the retailer purchased the primary battery prior to January 1, 2016 and sells the primary battery on or before January 1, 2017; or

(2) the producer's primary battery stewardship plan expired or was revoked, and the retailer took possession of the in-store inventory of primary batteries prior to the expiration or revocation of the producer's primary battery stewardship plan.

(c) Educational material. A producer or primary battery stewardship organization supplying primary batteries to a retailer shall provide the retailer with educational materials describing collection opportunities for primary batteries. The retailer shall make the educational materials available to consumers.

(a) Sale prohibited. Except as set forth in subsection (b) of this section, no retailer shall sell or offer for sale a primary battery, rechargeable battery, or battery-containing product on or after January 1, 2026 unless the producer of the primary battery, rechargeable battery, or battery-containing product is implementing an approved battery stewardship plan, is a member of a battery stewardship organization implementing an approved battery stewardship plan, or is exempt from participation in an approved plan, as determined by review of the producers listed on the Agency website required in subsection 7586(f) of this title.

(b) Inventory exception; expiration or revocation of producer registration. A retailer shall not be responsible for an unlawful sale of a primary battery, rechargeable battery, or battery-containing product under this subsection if:

(1) the retailer purchased the primary battery weighing 4.4 pounds or less prior to January 1, 2016 and sells the primary battery on or before January 1, 2017;

(2) the retailer purchased the primary battery weighing more than 4.4. pounds, battery-containing product, or rechargeable battery, prior to January 1, 2026 and sells the primary battery, battery-containing product, or rechargeable battery on or before January 1, 2027; or

(3) the producer's battery stewardship plan expired or was revoked, and the retailer took possession of the in-store inventory of primary batteries, rechargeable batteries, or battery-containing products prior to the expiration or revocation of the producer's battery stewardship plan.

(c) Educational material. A producer or battery stewardship organization supplying covered batteries to a retailer shall provide the retailer with educational materials describing collection opportunities for primary batteries and rechargeable batteries. The retailer shall make the educational materials available to consumers.
10 V.S.A. § 1394 — VT Code / Title 10 / Chapter 48 / Section 1394
§ 1394. Classification of groundwater
Status: in_force

(a) The State adopts, for purposes of classifying its groundwater, the following classes and definitions thereof:

(1) Class I. Suitable for public water supply. Character uniformly excellent. No exposure to activities that pose a risk to its current or potential use as a public water supply.

(2) Class II. Suitable for public water supply. Character uniformly excellent but exposed to activities that may pose a risk to its current or potential use as a public water supply.

(3) Class III. Suitable as a source of water for individual domestic water supply, irrigation, agricultural use, and general industrial and commercial use.

(4) Class IV. Not suitable as a source of potable water but suitable for some agricultural, industrial, and commercial use, provided that the Secretary may authorize, subject to conditions, use as a source of potable water supply or other use under a reclassification order issued for the aquifer.

(b) All groundwater of the State is hereby classified as Class III water unless reclassified by the Secretary.

(c) Any hearing on a classification or reclassification shall be held in a location convenient to the users or potential users of the groundwater which is the subject of the hearing.

(d) Class I or II classification shall apply to aquifers in use as a public water supply source or that in the opinion of the Secretary have a high probability for such use.

(e) In determining the appropriate classification of groundwater, the Secretary shall consider:

(1) its use or potential future use as a public water supply source;

(2) the extent of activity which poses a risk to the groundwater;

(3) its current water quality;

(4) its availability in quantities needed for beneficial use;

(5) the consequences of its potential contamination and the availability of alternate sources of water;

(6) the classification of adjacent surface waters; and

(7) other factors relevant to determine the maximum beneficial use of the aquifer.

(f) It is the policy of the State to protect permanently Class I aquifers. The Secretary pursuant to subsection (h) of this section shall establish by rule activities that pose risks to Class I aquifers and which activities shall be prohibited in Class I aquifers. Any classification of Class I waters involving privately owned lands or reclassification of Class I waters by the Secretary shall become effective only when approved by act of the General Assembly.

(g) The Secretary's classifications shall be presumed correct if, in establishing the geographical limits of each class of groundwater, he or she uses generally accepted methods of determining aquifers based on existing knowledge of surficial and bedrock geology and available hydrological data.

(h) The Secretary by rule may establish technical criteria and standards to define the classes of groundwater and manage activities that may pose risks to groundwater classes. The criteria and standards shall include the identification of activities which constitute risks to the groundwater and which may be precluded. In adopting criteria and standards, the Secretary shall consider:

(1) drinking water standards adopted by the Department of Health and U.S. Environmental Protection Agency;

(2) the nature and quantity of groundwater at risk;

(3) the availability, cost, and effectiveness of measures to mitigate risks;

(4) the nature and quantity of risks that activities may generate;

(5) the expense and effectiveness of correcting the damage the risks may cause;

(6) the consequences to the public interest should damage occur and be irremediable;

(7) the economic, social, and environmental value of existing activities;

(8) the surface water quality standards, including the classification of surface waters; and

(9) other factors relevant to designating appropriate groundwater classes or managing risks to groundwater quality.

(i) The Secretary shall not adopt criteria and standards to manage activities that restrict agricultural activities or those activities under the jurisdiction of the Secretary of Agriculture, Food and Markets without the Secretary of Agriculture, Food and Markets' consent. Nor shall the Secretary adopt criteria and standards that restrict forestry management activities without consultation with the Commissioner of Forests, Parks and Recreation.
10 V.S.A. § 710 — VT Code / Title 10 / Chapter 31 / Section 710
§ 710. Hearing on petition
Status: in_force

Within 30 days after such a petition has been filed with the State Natural Resources Conservation Council, it shall cause due notice to be given of a proposed hearing upon such petition as to the necessity, in the interest of the public health, safety, and welfare, for the creation of such district, and upon all questions relevant to such petition. All owners of land within the limits of the territory described in the petition and all other interested parties shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for inclusion in the district and such further hearing held.
10 V.S.A. § 330 — VT Code / Title 10 / Chapter 15A / Section 330
§ 330. The Farm-to-Plate Investment Program; creation; outcomes; tasks; methods
Status: repealed

(a) Creation.

(1) The Sustainable Jobs Fund Program shall establish the Vermont Farm-to-Plate Investment Program to fulfill the goals and carry out the tasks described in this section.

(2) If at least $100,000.00 in funding is not made available for the purpose of this section, the Sustainable Jobs Fund Program is encouraged but no longer required to fulfill the provisions of this section.

(b) Intended outcomes. The intended outcomes of the Farm-to-Plate Investment Program are to:

(1) Increase sustainable economic development and create jobs in Vermont's food and farm sector.

(2) Improve soils, water, and resiliency of the working landscape in the face of climate change.

(3) Improve access to healthy local foods for all Vermonters.

(c) Tasks.

(1) The Vermont Farm-to-Plate Investment Program shall create a strategic plan for agricultural and food system development, which may be periodically reviewed and updated, based upon the following:

(A) Inventory Vermont's food system infrastructure by gathering existing data, studies, and analysis about the components of Vermont's food system, including:

(i) the types of foods produced in Vermont, the number of producers of each type of food, the amount of each type of food produced, and the financial viability of each food-producing sector;

(ii) the types of food processors in Vermont, how much food produced in Vermont is purchased by Vermont processors, and the financial viability of the food processing sector in Vermont;

(iii) the current and potential markets in which Vermont food producers and processors can sell their products;

(iv) the extent of existing agricultural lands that could be expanded and the resources available to expand Vermont's food production;

(v) the potential for new farmers and food processors to enter the local food economy, the methods for new farmers to acquire land and other farm infrastructure, and the availability and barriers to farm and processing labor; and

(vi) the potential for entirely new local products and the barriers to farmers and processors entering new markets.

(B) Identify gaps in the infrastructure and distribution systems and identify ways to address these gaps.

(2) The Vermont Farm-to-Plate Investment Program shall provide support for farm and food businesses, including regional food hubs, selling in all types of markets, direct and wholesale, in the State and outside the State.

(3) As an ongoing task, the Farm-to-Plate Investment Program shall use the information gathered for the strategic plan and updates to the plan to identify methods and the funding necessary to strengthen the links among producers, processors, and markets, including:

(A) supporting the work of existing farm-to-school programs to increase the purchase of local foods by Vermont schools, with a particular emphasis on procurement of nutrient-dense animal foods;

(B) supporting the work of the Working Lands Enterprise Board to strategically invest in farm and food businesses;

(C) collaborating with the Agency of Agriculture, Food and Markets and the Department of Buildings and General Services to increase procurement of local foods in accordance with 6 V.S.A. § 4601;

(D) collaborating with the Agency of Agriculture, Food and Markets to increase procurement of local foods by businesses and institutions;

(E) supporting initiatives that improve the marketing of foods from Vermont producers to consumers inside the State and outside of the State;

(F) supporting education and workforce development initiatives that address skill and labor needs of farm and food businesses; and

(G) informing agricultural lenders of the information collected under subdivision (1) of this subsection (c) in order to facilitate availability of farm and food sector financing.

(4) The Farm-to-Plate Investment Program Strategic Plan shall also establish measurable goals that shall be tracked over the life of the Plan, methods for the ongoing collection of data necessary to track those goals, plans for updating the Plan as needed, and appropriate methods to track the ongoing economic contribution of the farm and food sector to the Vermont economy.

(d) Methods. To accomplish the goals and carry out the ongoing tasks stated in this section, the Vermont Farm-to-Plate Investment Program may:

(1) create an advisory panel with representatives from the agricultural and business communities;

(2) hire or assign staff;

(3) seek and accept funds from private and public entities;

(4) serve as the administrative support for the Farm-to-Plate Network; and

(5) utilize technical assistance, loans, grants, or other means.

(e) [Repealed.]
10 V.S.A. § 6623 — VT Code / Title 10 / Chapter 159 / Section 6623
§ 6623. Goals and purpose
Status: in_force

(a) The goals of this subchapter are to:

(1) eliminate or reduce the use of hazardous, particularly toxic, materials wherever feasible;

(2) reduce the generation of hazardous waste;

(3) reduce the release into the environment of chemical contaminants which have adverse and serious health or environmental effects;

(4) document hazardous waste reduction and toxics use reduction information and make that information available to State and local government and the public.

(b) It is the intent of this subchapter to encourage reduction of toxic substances and to reduce the generation of hazardous waste whenever technically and economically practicable, without shifting risks from one part of a process, environmental medium, or product to another. Priority shall be given to methods that reduce the amount of toxics used and, where that is not technically and economically practicable, methods that reduce the generation of hazardous waste.
10 V.S.A. § 623 — VT Code / Title 10 / Chapter 25 / Section 623
§ 623. Terms and conditions of the purchase and sale to mortgage lenders of mortgage loans; loans through mortgage lenders
Status: in_force

(a) No mortgage or other obligation purchased from a mortgage lender shall be eligible for purchase or commitment to purchase by the Agency hereunder unless at or before the time of transfer thereof to the Agency such mortgage lender certifies:

(1) That in its judgment the loan would in respect of the security therefor be a prudent investment for its own account;

(2) That the proceeds of sale or its equivalent shall be reinvested in new mortgage loans on residential housing for occupancy by persons and families primarily of low and moderate income within the State, or in loans for the rehabilitation of such residential housing, which rehabilitation loans need not be secured by a first mortgage lien, or invested in short-term obligations pending the purchase of those mortgages, or that the mortgage loans purchased or to be purchased by the Agency are new mortgage loans on residential housing for occupancy by persons and families primarily of low and moderate income within the State. However, each such new mortgage loan shall have been initiated for the purpose of sale to the Agency; and

(3) That mortgage loans or rehabilitation loans made by mortgage lenders from the proceeds of sale of mortgages to the Agency shall bear a rate or rates of interest less than the prevailing rate of interest on comparable mortgage loans or rehabilitation loans available in the State without the assistance of the Agency, except when such proceeds arise from the sale to the Agency of new mortgage loans on residential housing for occupancy by persons and families primarily of low and moderate income within the State.

(b) The Agency shall purchase mortgage loans at a purchase price equal to the outstanding principal balance thereof. However, a discount from the principal balance or the payment of a premium may be employed to effect a fair rate of return, as determined by the rate of return on comparable investments under market conditions existing at the time of purchase. In addition to the payment of outstanding principal balance, the Agency shall pay the accrued interest due thereon, on the date the loan or obligation is delivered against payment therefor.

(c) Loans purchased or sold hereunder shall consist of federally insured mortgage loans or loans that are insured, guaranteed, or assisted by the State or by an agency or instrumentality thereof or for which there is a commitment by the United States or the State or an agency or instrumentality thereof to insure, guarantee, or assist such loan, and other mortgage loans that the Agency deems to be of reasonably comparable security.

(d) The Agency shall from time to time adopt, modify, or repeal rules and regulations governing the making of loans to mortgage lenders and the purchase and sale of mortgage loans and the application of the proceeds thereof, including rules and regulations as to any or all of the following:

(1) procedures for the submission of requests or the invitation of proposals for the purchase and sale of mortgage loans or for loans to mortgage lenders;

(2) limitations or restrictions as to location or other qualifications or characteristics of residences to be financed from the proceeds of such purchase or loans;

(3) restrictions as to the interest rates on loans made from the proceeds of purchase of mortgage loans or from loans to mortgage lenders or the return realized therefrom by mortgage lenders;

(4) requirements as to commitments by mortgage lenders with respect to the application of the proceeds of such purchase or loan;

(5) schedules of any fees and charges necessary to provide for expenses and reserves of the Agency;

(6) requirements and specifications as to recourse; and

(7) any other matters related to the duties and the exercise of the powers of the Agency under this section.

(e) The rules and regulations shall be designed to effectuate the general purposes of this chapter and the following specific objectives:

(1) the expansion of the supply of funds in the State available for mortgage loans for residential housing generally and particularly for occupancy by persons and families of low and moderate income;

(2) provision for additional housing or rehabilitated housing needed to remedy the shortage of adequate housing in the State and to eliminate the existence of a large number of substandard dwellings; and

(3) the restriction of the financial return and benefit on mortgage loans for residential housing for persons and families of low and moderate income to that level necessary to protect against the realization of mortgage lenders of a financial return or benefit in excess of prevailing market conditions;

(4) in the case of mortgage loans secured by cooperative interest in cooperative housing corporations, to ensure that the purchase of such mortgage loans with the proceeds of bonds of the Agency will not, without the consent of the Agency, cause such bonds to be “other than qualified mortgage bonds.”

(f) The interest rates and other terms of loans to mortgage lenders made from the proceeds of any issue of bonds of the Agency shall be at least sufficient so as to ensure the payment, from the amounts received by the Agency in repayment of the loans and interest thereon, of the bonds and the interest thereon as the same become due, including bonds and the interest thereon issued by the Agency to fund reserves.

(g) The Agency shall require as a condition of each loan to a mortgage lender:

(1) that the mortgage lender shall on or prior to the 180th day, or such earlier day as shall be prescribed by rules and regulations of the Agency, following the receipt of the loan proceeds, have entered into written commitments to make, and shall thereafter proceed as promptly as practicable to make and disburse from the loan proceeds, mortgage loans on residential housing primarily for occupancy by persons and families of low and moderate income in an aggregate principal amount equal to the amount of the loan less any fees and expenses of the mortgage lender approved by the Agency or loans for the rehabilitation of such residential housing, which rehabilitation loans need not be secured by a first mortgage lien; and

(2) that mortgage loans or rehabilitation loans made by mortgage lenders with the proceeds of a loan to such mortgage lender shall bear a rate or rates of interest less than the prevailing rate of interest on comparable mortgage loans or rehabilitation loans available in the State without the assistance of the Agency.

(h) The Agency may require that the loans to mortgage lenders shall be additionally secured as to payment of both principal and interest by a pledge of and lien upon collateral security in such amounts as the Agency shall by resolution determine to be necessary to ensure the payment of the loans and the interest thereon as they become due. The collateral security shall consist of:

(1) direct obligations of, or obligations guaranteed by the United States of America;

(2) obligations, satisfactory to the Agency, issued by any of the following federal agencies: Bank for Cooperatives, Federal Intermediate Credit Bank, Federal Home Loan Bank System, Federal Land Banks, the Government National Mortgage Association; Federal National Mortgage Association; or Federal Home Loan Mortgage Corporation;

(3) direct obligations of or obligations guaranteed by the State; or

(4) mortgages insured or guaranteed as to payment of principal and interest by the United States of America or an agency or instrumentality thereof or by the State or an agency or instrumentality thereof;

(5) mortgages that the Agency deems to be of reasonably comparable security.
10 V.S.A. § 6603d — VT Code / Title 10 / Chapter 159 / Section 6603d
§ 6603d. User fee implementation assistance
Status: in_force

(a) The Secretary shall issue a grant to a municipality or a group of municipalities organized as a solid waste management district to develop and implement a system of user fees for municipally operated solid waste management facilities. Priority consideration shall be given to a municipality or a group of municipalities organized as a solid waste district that use privately owned or operated facilities for disposal of their solid waste. Within the amounts appropriated for this purpose, grants may be made for up to 100 percent of the costs of implementing a system of user fees.

(b) After July 1, 1988, each municipality or solid waste district that pays a tax pursuant to 32 V.S.A. § 5952 shall be entitled to retain five percent of the amount due in order to defray costs of tax administration.
10 V.S.A. § 4196 — VT Code / Title 10 / Chapter 103 / Section 4196
§ 4196. Instructions and meetings
Status: in_force

The Chief Game Warden, with the advice and consent of the Commissioner, shall instruct and assist the game wardens in their duties and from time to time may call such wardens together at some time and place designated by the Commissioner for instruction in their duties.
10 V.S.A. § 1351 — VT Code / Title 10 / Chapter 47 / Section 1351
§ 1351. Definitions
Status: in_force

As used in this subchapter:

(1) “Agricultural waste” means material originating or emanating from a farm or imported onto a farm that contains sediments; minerals, including heavy metals; plant nutrients; pesticides; organic wastes, including livestock waste; animal mortalities; compost; feed, litter, and crop debris; waste oils; pathogenic bacteria and viruses; thermal pollution; silage runoff; process wastewater; untreated milk house waste; and any other farm waste as the term “waste” is defined in subdivision 1251(12) of this chapter.

(2)(A) “Animal feeding operation” or “AFO” means a lot or facility, other than an aquatic animal production facility, where the following conditions are met:

(i) animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and

(ii) crops, vegetation, or forage growth are not sustained in the normal growing season over any portion of the lot or facility.

(B) Two or more individual farms qualifying as an AFO that are under common ownership and that adjoin each other or use a common area or system for the disposal of waste shall be considered to be a single AFO if the combined number of livestock or domestic fowl on the combined farm qualifies the combined farm as a large CAFO as defined in subdivision (5) of this section or as a medium CAFO as defined in subdivision (8) of this section.

(3) “Concentrated animal feeding operation” or “CAFO” means an AFO that is defined as a large CAFO, a medium CAFO, or a small CAFO.

(4) “Land application area” means the area under the control of an AFO or CAFO owner or operator, whether it is owned, rented, or leased, to which manure, litter, or process wastewater may be applied.

(5) “Large concentrated animal feeding operation” or “Large CAFO” means an AFO that houses 700 or more mature dairy animals, 1,000 or more cattle or cow or calf pairs, 1,000 or more veal calves, 2,500 or more swine weighing over 55 pounds, 10,000 or more swine weighing 55 pounds or less, 500 or more horses, 10,000 or more sheep or lambs, 55,000 or more turkeys, 30,000 or more laying hens or broilers with a liquid manure handling system, 82,000 or more laying hens without a liquid manure handling system, 125,000 or more chickens other than laying hens without a liquid manure handling system, 5,000 or more ducks with a liquid manure handling system, or 30,000 or more ducks without a liquid manure handling system.

(6) “Large farm operation” or “LFO” has the same meaning as in 6 V.S.A. chapter 215.

(7) “Manure” means livestock waste in solid or liquid form that may also contain bedding, compost, and raw materials or other materials commingled with manure or set aside for disposal.

(8) “Medium concentrated animal feeding operation” or “medium CAFO” means an AFO that is defined as an AFO by the VPDES CAFO Rules adopted by the Secretary, including an AFO that:

(A) houses 200 to 699 mature dairy animals, 300 to 999 cattle or cow or calf pairs, 300 to 999 veal calves, 750 to 2,499 swine weighing over 55 pounds, 3,000 to 9,999 swine weighing 55 pounds or less, 150 to 499 horses, 3,000 to 9,999 sheep or lambs, 16,500 to 54,999 turkeys, 9,000 to 29,999 laying hens or broilers with a liquid manure handling system, 25,000 to 81,999 laying hens without a liquid manure handling system, 37,500 to 124,999 chickens other than laying hens without a liquid manure handling system, 1,500 to 4,999 ducks with a liquid manure handling system, or 10,000 to 29,999 ducks without a liquid manure handling system; and

(B) either of the following conditions are met:

(i) wastes are discharged into waters through a man-made ditch, flushing system, or other similar man-made device; or

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

(9) “Medium farm operation” or “MFO” has the same meaning as medium farm operation in 6 V.S.A chapter 215 and rules adopted under the chapter.

(10) “Point source” means any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.

(11) “Process wastewater” means water directly or indirectly used in the operation of an AFO or CAFO for any or all of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning, or flushing pens, barns, manure pits, or other AFO or CAFO facilities; direct contact swimming, washing, or spray cooling of animals; or dust control. Process wastewater also includes any water that comes into contact with any raw materials, products, or byproducts, including manure, litter, feed, milk, eggs, or bedding.

(12) “Production area” means that part of an AFO or CAFO that includes the animal confinement area, the manure storage area, the raw materials storage area, and the waste containment areas. The animal confinement area includes open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milkrooms, milking centers, cowyards, barnyards, medication pens, walkers, animal walkways, and stables. The manure storage area includes lagoons, runoff ponds, storage sheds, stockpiles, under house or pit storages, liquid impoundments, static piles, and composting piles. The raw materials storage area includes feed silos, silage bunkers, and bedding materials. The waste containment area includes settling basins, and areas within berms and diversions that separate uncontaminated storm water. Also included in the definition of production area is any egg washing or egg processing facility and any area used in the storage, handling, treatment, or disposal of mortalities.

(13) “Secretary” means the Secretary of Natural Resources.

(14) “Small animal feeding operation” or “SFO” means an AFO that is not a large CAFO or a medium CAFO.

(15) “Small concentrated animal feeding operation” or “small CAFO” means a small AFO designated as a small CAFO by the Secretary upon determining that the AFO is a significant contributor of pollutants to waters of the State and is defined as a CAFO by the regulations adopted under the federal Clean Water Act.

(16) “Waters of the United States” shall have the same meaning as defined by the federal Clean Water Act.
10 V.S.A. § 632a — VT Code / Title 10 / Chapter 25 / Section 632a
§ 632a. Reserve and pledged equity funds
Status: in_force

(a) The Agency may create and establish one or more special funds, herein referred to as “debt service reserve funds” or “pledged equity funds.”

(b) The Agency shall pay into each debt service reserve fund:

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

(2) Any proceeds of the sale of notes, bonds, or other debt instruments to the extent provided in the resolution or resolutions of the Agency authorizing their issuance.

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

(c) The Agency shall pay into each pledged equity fund:

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

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

(3) Any other monies or financial instruments such as surety bonds, letters of credit, or similar obligations that may be made available to the Agency for the purpose of such fund from any other source or sources. All monies or financial instruments held in any pledged equity fund created and established under this section except as provided in this section shall be used, as required, solely to provide pledged equity or over-collateralization of any trust estate of the Agency to the issuer of a liquidity or credit facility, bond insurance, or other credit enhancement obtained by the Agency; provided, however, that the monies or financial instruments in any pledged equity fund shall not be drawn upon or withdrawn from such fund at any time in such amounts as would reduce the amount of such funds to less than the pledged equity requirement established by resolution of the Agency for such fund as provided in this section except for the purposes set forth in and in accordance with the governing resolution. Any income or interest earned by or increment to any pledged equity fund due to the investment thereof may be transferred by the Agency to other funds or accounts of the Agency to the extent it does not reduce the amount of such pledged equity fund below the requirement for such fund. Anything in this subdivision to the contrary notwithstanding, upon the defeasance of the bonds, notes, or other debt instruments with respect to which the pledged equity requirement was established, the Agency may transfer amounts in such fund to another fund or account of the Agency proportionately to the amount of such defeasance, provided that the Agency shall repay to the State any amount appropriated by the State pursuant to subsection (f) of this section.

(d) The debt service reserve and pledged equity requirements for any fund established under this section shall be established by resolution of the Agency prior to the issuance of any bonds, notes, or other debt instruments secured in whole or in part by a debt service reserve fund or prior to entering into any credit enhancement agreement and shall be the amount determined by the Agency to be reasonably required in light of the facts and circumstances of the particular debt issue or credit enhancement, provided that the maximum amount of the State's commitment with respect to any pledged equity fund shall be determined by the Agency at or prior to entering into any credit enhancement agreement related to such pledged equity fund. The Agency shall not at any time issue bonds, notes, or other debt instruments secured in whole or in part by a debt service reserve fund or enter into any credit enhancement agreement that requires establishment of a pledged equity fund created and established under this section unless:

(1) the Agency at the time of such issuance or execution shall deposit in such fund from the proceeds of such bonds, notes, or other debt instruments or from other sources an amount that, together with the amount then in such fund, will not be less than the requirement established for such fund at that time;

(2) the Agency has made a determination at the time of the authorization of the issuance of such bonds, notes, or other debt instruments or at the time of entering into such credit enhancement agreement that the Agency will derive revenues or other income from the mortgage loans that secure such bonds, notes, or other debt instruments or that relate to any credit enhancement agreement sufficient to provide, together with all other available revenues and income of the Agency other than any amounts appropriated by the State pursuant to this section for the payment or purchase of such bonds, notes, and other debt instruments and reimbursement to the issuer of any credit enhancement the payment of any expected deposits into any pledged equity fund established with respect to such credit enhancement, and the payment of all costs and expenses incurred by the Agency with respect to the program or purpose for which such bonds, notes, or other debt instruments are issued; and

(3) the State Treasurer or designee has provided written approval to the Agency that the Agency may issue such bonds, notes, or other debt instruments and enter into any related credit enhancement agreement.

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

(f) In order to ensure the maintenance of the debt service reserve fund requirement in each debt service reserve fund established by the Agency under this section, there may be appropriated annually and paid to the Agency for deposit in each fund a sum as shall be certified by the Chair of the Agency to the Governor, the President of the Senate, and the Speaker of the House as is necessary to establish or restore each such debt service reserve fund to an amount equal to the requirement for each such fund. The Chair shall annually, on or about February 1, make, execute, and deliver to the Governor, the President of the Senate, and the Speaker of the House a certificate stating the sum required to restore each such fund to the amount required by this section, and the Governor shall, on or before March 1, submit a request for appropriations in the amount so certified, and such amount may be appropriated and, if appropriated, shall be paid to the Agency during the then current State fiscal year. In order to ensure the funding of the pledged equity fund requirement in each pledged equity fund established by the Agency under this section at the time and in the amount determined at the time of entering into any credit enhancement agreement related to a pledged equity fund, there may be appropriated and paid to the Agency for deposit in each fund a sum as shall be certified by the Chair of the Agency to the Governor, the President of the Senate, and the Speaker of the House as is necessary to establish each pledged equity fund to an amount equal to the amount determined by the Agency at the time of entering into any credit enhancement agreement related to a pledged equity fund; provided that the amount requested, together with any amounts previously appropriated pursuant to this subsection for a particular pledged equity fund, shall not exceed the maximum amount of the State's commitment as determined by the Agency pursuant to subsection (d) of this section. The Chair shall, on or about the February 1 next following the designated date for fully funding a pledged equity fund, make, execute, and deliver to the Governor, the President of the Senate, and the Speaker of the House a certificate stating the sum required to bring each fund to the amount required by this section or to otherwise satisfy the State's commitment with respect to each fund, and the Governor shall, on or before March 1, submit a request for appropriations in the amount so certified, and such amount may be appropriated and, such amount, if appropriated, shall be paid to the Agency during the then current State fiscal year. The combined principal amount of bonds, notes, and other debt instruments outstanding at any time and secured in whole or in part by a debt service reserve fund established under this section and the aggregate commitment of the State to fund pledged equity funds pursuant to this subsection shall not exceed $155,000,000.00 at any time, provided that the foregoing shall not impair the obligation of any contract or contracts entered into by the Agency in contravention of the Constitution of the United States. Notwithstanding anything in this section to the contrary, the State's obligation with respect to funding any pledged equity fund shall be limited to its maximum commitment, as determined by the Agency pursuant to subsection (d) of this section, and the State shall have no other obligation to replenish or maintain any pledged equity fund.
10 V.S.A. § 8009 — VT Code / Title 10 / Chapter 201 / Section 8009
§ 8009. Emergency administrative orders; request for hearing
Status: in_force

(a) Grounds for issuance. The Secretary, or the Board with respect to matters relating to land use permits under chapter 151 of this title only, may issue an order under section 8008 of this title as an emergency administrative order when:

(1) a violation presents an immediate threat of substantial harm to the environment or an immediate threat to the public health; or

(2) an activity will or is likely to result in a violation that presents an immediate threat of substantial harm to the environment or an immediate threat to the public health; or

(3) an activity requiring a permit has been commenced and is continuing without a permit.

(b) Prerequisites to issuance. An emergency administrative order may be issued only if:

(1) the order has been presented to the Environmental Division;

(2) all reasonable efforts have been made to notify the respondent of the presentation of the order to the Environmental Division; and

(3) the Environmental Division has found that the agency issuing the order has made a sufficient showing that grounds for issuance of the order exist.

(c) Effective date of order. An emergency order shall become effective on actual notice to the respondent.

(d) Request for hearing. If an emergency order is issued, the respondent may request a hearing before the Environmental Division. Notice of the request for hearing shall be filed with the Environmental Division and the agency issuing the order within five business days of receipt of the order. A hearing on the emergency order shall be held at the earliest possible time and shall take precedence over all other hearings. The hearing shall be held within five business days of receipt of the notice of the request for hearing. A request for hearing on an emergency order shall not stay the order. The Environmental Division shall issue a decision within five business days from the conclusion of the hearing and no later than 30 days from the date the notice of request for hearing was received.

(e) Insufficient grounds. An emergency order shall be dissolved upon a finding that there were insufficient grounds for its issuance.

(f) Appeals. An appeal to the Supreme Court by the Secretary or the Board shall stay the dissolution of an emergency order; an appeal to the Supreme Court by the respondent shall not stay operation of an emergency order.
10 V.S.A. § 731 — VT Code / Title 10 / Chapter 31 / Section 731
§ 731. Failure to observe land-use ordinance; conferences
Status: in_force

(a) In the event that the supervisors of a district find that the provisions of a land-use ordinance adopted according to the provisions of this chapter are not being observed on particular lands, and that such nonobservance tends substantially to increase erosion on such lands and substantially interferes with the prevention or control of erosion or conservation of natural resources on other lands within the district, the supervisors may summon the owner of the land to appear before them to discuss the failure of the owner to observe the rules, and to perform particular work, operations, or avoidances as required by ordinance of the district, when the nonobservance tends substantially to increase erosion on the lands and substantially interferes with the prevention or control of erosion or conservation of natural resources on other lands within the district.

(b) By conference thus summoned, the supervisors and the owner of land not observing the ordinance adopted by the district, shall together make and sign a finding as to the issues that are involved in the failure of the owner to observe the ordinance of the district.

(c)(1) On the basis of such findings and if, after conference, it appears to the supervisors that there are great practical difficulties or unnecessary hardship involved in the full observance of the ordinance of the district, the supervisors shall endeavor to work out a program with the owner, as shall be acceptable to the owner and shall enable the owner to comply with the ordinance.

(2)(A) Alternatively, upon the basis of their findings, the supervisors may authorize such variance from the ordinances in their application to the lands of the owner who has not complied with the ordinance of the district, when such variance will relieve practical difficulties or unnecessary hardship to that owner and when such variance is not contrary to public interest and is in accordance with the purpose of land use regulations.

(B) The supervisors may request the landowner not complying with an ordinance to sign a stipulation setting forth the conditions agreed upon by the landowner and supervisors so that the practical difficulties or unnecessary hardship may be overcome and the work proceed by the consent of such landowner upon the land.

(d) Nothing in this chapter shall be construed so as to make ineffective any remedies available under the laws of the State.
10 V.S.A. § 6021 — VT Code / Title 10 / Chapter 151 / Section 6021
§ 6021. Board; vacancy; removal
Status: in_force

(a) Board established. The Land Use Review Board is created.

(1) The Board shall consist of five members appointed by the Governor after review and approval by the Land Use Review Board Nominating Committee in accordance with subdivision (2) of this subsection and confirmed with the advice and consent of the Senate, so that one appointment expires in each year. The Chair and the other four members shall be full-time positions. In making these appointments, the Governor and the Senate shall give consideration to candidates who have experience, expertise, or skills relating to one or more of the following areas: environmental science; land use law, policy, planning, and development; and community planning. All candidates shall have a commitment to environmental justice.

(A) The Governor shall appoint a chair of the Board, a position that shall be a full-time position. The Governor shall ensure Board membership reflects, to the extent possible, the racial, ethnic, gender, and geographic diversity of the State. The Board shall not contain two members who reside in the same county.

(B) Following initial appointments, the members shall be appointed for terms of five years. All terms shall begin on July 1 and expire on June 30. A member may continue serving until a successor is appointed. The initial appointments shall be for staggered terms of one year, two years, three years, four years, and five years.

(2)(A) The Land Use Review Board Nominating Committee shall advertise the position when a vacancy will occur on the Land Use Review Board.

(B) The Nominating Committee shall review the applicants to determine which are well qualified for appointment to the Board and shall recommend those candidates to the Governor. The names of candidates shall be confidential.

(C) The Governor shall appoint, with the advice and consent of the Senate, a chair and four members of the Board from the list of well-qualified candidates sent to the Governor by the Committee.

(b) Terms; vacancy; succession. The term of each appointment subsequent to the initial appointments described in subsection (a) of this section shall be five years. Any appointment to fill a vacancy shall be for the unexpired portion of the term vacated. A member may seek reappointment by informing the Governor. If the Governor decides not to reappoint the member, the Nominating Committee shall advertise the vacancy.

(c) Removal. Notwithstanding the provisions of 3 V.S.A. § 2004, members shall only be removable for cause by the remaining members of the Board. The Board shall adopt rules pursuant to 3 V.S.A. chapter 25 to define the basis and process for removal.

(d) Disqualified members. The Chair of the Board, upon request of the Chair of a District Commission, may appoint and assign former Commission members to sit on specific Commission cases when some or all of the regular members and alternates of the District Commission are disqualified or otherwise unable to serve. If necessary to achieve a quorum, the Chair of the Board may appoint a member of a District Commission who has not worked on the case to sit on a specific case before the Board.

(e) Retirement from office. When a Board member who hears all or a substantial part of a case retires from office before the case is completed, the member may remain a member of the Board, at the member's discretion, for the purpose of concluding and deciding that case and signing the findings and judgments involved. A retiring chair shall also remain a member for the purpose of certifying questions of law if a party appeals to the Supreme Court. For the service, the member shall receive a reasonable compensation to be fixed by the remaining members of the Board and necessary expenses while on official business.
10 V.S.A. § 7717 — VT Code / Title 10 / Chapter 170 / Section 7717
§ 7717. Amendments; renewals
Status: in_force

(a) A major amendment shall be subject to the same procedures applicable to the original permit decision under this chapter.

(b) For all permits except those subject to Type 5 Procedures, a minor amendment shall be subject to the Type 4 Procedures, except that the Secretary need not provide notice of the administratively complete application. For Type 5 Procedures, a minor amendment shall be subject to the same procedures applicable to the original permit decision under this chapter.

(c) An administrative amendment shall not be subject to the procedural requirements of this chapter.

(d) A person may renew a permit under the same procedures applicable to the original permit decision under this chapter.

(e) With respect to amending a permit issued under the Clean Air Act or Clean Water Act, if a requirement under those acts directs the Secretary to provide the public with greater notice, opportunity to participate, or access to information than the corresponding requirement of this chapter, the Secretary shall comply with the federal requirement.
10 V.S.A. § 6245 — VT Code / Title 10 / Chapter 153 / Section 6245
§ 6245. Illegal evictions
Status: in_force

(a) No park owner may willfully cause, directly or indirectly, the interruption or termination of any utility service to a mobile home except for temporary interruptions for necessary repairs.

(b) No park owner may directly or indirectly deny a leaseholder access to and possession of the leaseholder's leased premises, except through proper judicial process.

(c) No park owner may directly or indirectly deny a leaseholder access to and possession of the leaseholder's mobile home and personal property, except through proper judicial process.
10 V.S.A. § 1460 — VT Code / Title 10 / Chapter 50 / Section 1460
§ 1460. Rulemaking
Status: in_force

The Secretary may adopt rules to implement the requirements of this chapter.
10 V.S.A. § 493 — VT Code / Title 10 / Chapter 21 / Section 493
§ 493. On-premises signs
Status: in_force

Owners or occupants of real property may erect and maintain on the property on-premises signs advertising the sale or lease of the property or activities being conducted on the property. Those signs shall be subject to the regulations set forth below.

(1) On-premises signs may be erected or maintained, with a total area of not more than 150 square feet, advertising activities being conducted on the same premises. However, this limitation does not apply to signs existing on May 1, 1971, or attached to or part of the building in which the activities are being carried on. An on-premises sign shall not be located more than 1,500 feet from a main entrance from the highway to the activity or premises advertised. The 1,500-foot distance shall be measured along the centerline of the highway or highways between the sign and a main entrance or a straight line, but only if the difference in elevation between the on-premises sign and a main entrance is more than 100 feet. A main entrance shall be a principal, private roadway or driveway that leads from a public highway to the advertised activity. For the purposes of this subdivision, premises shall not include land that is separated from the activity by a public highway or other intervening land use not related to the advertised activity. Undeveloped land or farmland shall not be considered as an intervening land use.

(2) A sign advertising the sale or lease of real estate by the owner or an agent shall not have an area of more than six square feet, including the panel and the frame. Signs attached to “for sale” or “for lease” signs that state “sold,” “sale pending,” “sale under contract,” or similar messages shall not be permitted.

(3) A permitted on-premises sign shall not extend more than 25 feet above the ground level or, if the sign is attached to or is part of a building, 10 feet above the roof of the building. However, this limitation does not apply to signs existing on November 1, 1967.
10 V.S.A. § 542 — VT Code / Title 10 / Chapter 22A / Section 542
§ 542. Regional workforce education and training
Status: in_force

(a) The Commissioner of Labor, in coordination with the Secretary of Commerce and Community Development, and in consultation with the State Workforce Development Board, is authorized to issue performance grants to one or more persons to perform workforce education and training activities in a region.

(b) Each grant shall specify the scope of the workforce education and training activities to be performed and the geographic region to be served, and shall include performance measures and results to evaluate the grantee's performance.

(c) The Commissioner of Labor and the Secretary of Commerce and Community Development shall jointly develop a grant process and eligibility criteria, as well as an outreach process for notifying potential participants of the grant program. The Commissioner of Labor shall have final authority to approve each grant.
10 V.S.A. § 1444 — VT Code / Title 10 / Chapter 49A / Section 1444
§ 1444. Permit standards
Status: in_force

(a) Permit standards; generally. Except for permits issued under section 1445 of this title, the Secretary shall issue a permit under this chapter if the permit applicant, including the State of Vermont, demonstrates that:

(1) cleared area or impervious surface shall be located at least 100 feet from the mean water level, except for shoreland stabilization measures designed to repair or prevent erosion or flood risks and approved by the Secretary;

(2) cleared area or impervious surface within the protected shoreland area shall be located on a site:

(A) with a slope of less than 20 percent; or

(B) that will have a stable slope with minimal erosion and minimal negative impacts to water quality;

(3)(A) no more than 20 percent of the protected shoreland area of the parcel shall consist of impervious surface; or

(B) best management practices will be used to manage, treat, and control erosion due to stormwater runoff from that portion of impervious surface that exceeds 20 percent of the protected shoreland area;

(4)(A) no more than 40 percent of the protected shoreland area of the parcel shall consist of cleared area, including area cleared for the purposes of creating impervious surface; or

(B) best management practices will be used to provide erosion control, bank stability, and wildlife habitat functionally equivalent to that which would be provided by clearing less than 40 percent of the protected shoreland area; and

(5) vegetative cover shall be managed according to the requirements of section 1447 of this title.

(b) Repair of highway, State forest highway, management road, or private road. Under this chapter, when the repair, emergency repair, or replacement of a highway, management road, State forest highway, or private road results in the construction, creation, or expansion of impervious surface or cleared area on a property adjacent to the highway, management road, State forest highway, or private road, the impervious surface or cleared area constructed or created on the adjacent property shall not be calculated as square footage of impervious surface or cleared area for purposes of permitting or registration under this chapter.

(c) Calculation of area. Under this chapter, the area of constructed, created, or expanded impervious surface or cleared area shall be the square footage as measured on a horizontal plane.
10 V.S.A. § 1676a — VT Code / Title 10 / Chapter 56 / Section 1676a
§ 1676a. Permits; systems affecting farms; liability for contamination
Status: in_force

(a) The Secretary shall issue a permit for a new source for a public water system only after making the findings required by subsection 1675(b) of this title. In addition, if the Secretary finds there are agricultural lands in the area that are likely to affect the proposed source but not likely to constitute a public health hazard, the Secretary shall require the applicant to certify in the permit that the proposed source will be abandoned, replaced, or treated if it becomes contaminated by agricultural activities conducted on the agricultural lands.

(b) The Secretary may require the permittee to monitor the area around the permitted source to obtain knowledge of potential contaminants. If contamination occurs, the Secretary shall make a determination whether the permittee shall abandon the contaminated source and use an alternative source or, if use of an alternative source is not feasible, treat the contaminated source. If the source is treated, the Secretary shall find that it has been properly treated according to applicable drinking water standards and that continued use of the source will not adversely affect the health and safety of the public.

(c) An owner or lessee of agricultural lands who alleges that the agricultural lands are within the area of a proposed new public water source may appeal a decision of the Secretary pursuant to section 1680 of this title.

(d) An owner or lessee of agricultural lands shall not be liable for personal injury or property damage resulting from contamination of a permitted water source so long as the owner or lessee was utilizing required agricultural practices at the time the water source was contaminated and so long as the lands were agricultural at the time the permit was issued.

(e) Nothing in this section shall prohibit an applicant from negotiating an agreement with an owner of agricultural lands or from using authority granted in any other provision of law to secure rights to the property in question.
10APPENDIX V.S.A. § 23 — VT Code / Title 10APPENDIX / Chapter 1 / Section 23
App. § 23. Methods of taking, possessing and transporting migratory game birds
Status: in_force

1.0 Scope of Regulations.

(a) In general. The regulations contained in this section relate only to the hunting of migratory game birds, and crows.

(b) Procedural and substantive requirements. Migratory game birds may be taken, possessed, transported, shipped, exported, or imported only in accordance with the restrictions, conditions, and requirements contained in this section. Crows may be taken, possessed, transported, exported, or imported only in accordance with subsections 32.0 through 34.0 of this section.

2.0 Relation to Other Provisions.

2.1 Migratory bird hunting stamps. The provisions of this section are in addition to the provisions of the Migratory Bird Hunting Stamp Act of 1934 (48 Stat. 451, as amended; 16 U.S.C. 718a).

2.2 National wildlife refuges. The provisions of this section are in addition to, and are not in lieu of, any other provision of law respecting migratory game birds under the National Wildlife Refuge System Administration Act of 1966 (80 Stat. 927, as amended; 16 U.S.C. 668dd) or any regulation made pursuant thereto.

2.3 Each person hunting migratory game birds in Vermont shall annually register with the Vermont Department of Fish and Wildlife's Harvest Information Program (H.I.P.), and must be able to provide proof of the H.I.P. registration.

3.0 Definitions. For the purpose of this section, the following terms shall be construed, respectively, to mean and to include:

3.1 “Migratory game birds” means those migratory birds included in the terms of conventions between the United States and any foreign country for the protection of migratory birds, for which open seasons are prescribed in this section and belong to the following families:

(i) Anatidae (ducks, geese, brant, and swans);

(ii) Columbidae (doves and pigeons);

(iii) Gruidae (little brown cranes);

(iv) Rallidae (rails, coots, and gallinules); and

(v) Scolpacidae (woodcock and snipe).

3.2 “Open season” means the days on which migratory game birds may lawfully be taken. Each period prescribed as an open season shall be construed to include the first and last days thereof.

3.3 “Closed season” means the days on which migratory game birds shall not be taken.

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

3.5 “Possession limit” means the number of migratory game birds permitted to be possessed by any one person when lawfully taken in the state for which a possession limit is prescribed.

3.6 “Personal abode” means one's principal or ordinary home or dwelling place, as distinguished from his or her temporary or transient place of abode or dwelling such as a hunting club, or any club house, cabin, tent, or trailer house used as a hunting club, or any hotel, motel, or rooming house used during a hunting, pleasure, or business trip.

3.7 “Migratory bird preservation facility” means:

(i) Any person who, at his or her residence or place of business and for hire or other consideration; or

(ii) Any taxidermist, cold-storage facility or locker plant which, for hire or other consideration; or

(iii) Any hunting club which, in the normal course of operations, receives, possesses, or has in custody any migratory game birds belonging to another person for purposes of picking, cleaning, freezing, processing, storage, or shipment.

3.8 “Paraplegic” means an individual afflicted with paralysis of the lower half of the body with involvement of both legs usually due to disease of or injury to the spinal cord.

3.9 “Nontoxic shot” includes steel, bismuth/tin, tungsten/iron, tungsten/polymer, tungsten/matrix, tungsten/nickel/iron, tungsten/iron/nickel/tin, tungsten/bronze, tungsten/tin/bismuth, tungsten/iron/copper/nickel, tungsten/tin/iron, or other shot approved by the U.S. Fish and Wildlife Service.

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

4.2 With a shotgun of any description capable of holding more than three shells, unless it is plugged with an on-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells;

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

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

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

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

4.7 By the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds;

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

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

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

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

4.10 Prohibition on Toxic Shot:

(i) No person shall take waterfowl or coots while possessing loose shot or shot shells loaded with shot other than nontoxic shot, and then of a shot size no larger than size T.

(ii) No person shall take an aggregate or combination of waterfowl/coots and other species while possessing loose shot or shot shell loaded with shot other than nontoxic shot.

4.0 Hunting Methods. Migratory birds on which open seasons are prescribed in this section may be taken by any method except those prohibited in this section. No person shall take migratory game birds:

5.0 Closed Seasons. No person shall take migratory game birds during the closed season.

6.0 Shooting Hours. No person shall take migratory game birds except during the hours open to shooting.

7.0 Daily Limit. No person shall take in any one calendar day, more than the daily bag limit or aggregate daily bag limit, whichever applies.

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

9.0 Possession Prohibitions. No person shall at any time, by any means, or in any manner, possess or have in custody any migratory game bird or part thereof, taken in violation of any provision of subsections 4.0 through 8.0 of this section.

10.0 During Closed Season. No person shall possess any freshly killed migratory game birds during the closed season.

11.0 Possession Limit. No person shall possess more migratory game birds taken in this State than the possession limit or the aggregate possession limit, whichever applies.

12.0 Opening Day of a Season. No person on the opening day of the season shall possess any freshly killed migratory game birds in excess of the daily bag limit.

13.0 Field Possession Limit. No person shall possess, have in custody, or transport more than the daily bag limit of migratory game birds, tagged or not tagged, at or between the place where taken and either (1) his automobile or principal means of land transportation; or (2) his personal abode or temporary or transient place of lodging; or (3) a migratory bird preservation facility; or (4) a post office; or (5) a common carrier facility.

14.0 Tagging Requirement. No person shall put or leave any migratory game birds at any place (other than at his or her personal abode), or in the custody of another person for picking, cleaning, processing, shipping, transportation, or storage (including temporary storage), or for the purpose of having taxidermy services performed, unless such birds have a tag attached, signed by the hunter, stating his or her address, the total number and species of birds, and the date such birds were killed. Migratory game birds being transported in any vehicle as the personal baggage of the possessor shall not be considered as being in storage or temporary storage.

15.0 Custody of Birds of Another. No person shall receive or have in custody any migratory game birds belonging to another person unless such birds are tagged as required by subsection 14.0 of this section.

16.0 Possession of Live Birds. Every migratory game bird wounded by hunting and reduced to possession by the hunter shall be immediately killed and become a part of the daily bag limit. No person shall at any time, or by any means, possess or transport live migratory game birds taken under authority of this section.

17.0 Termination of Possession. Subject to all other requirements of this section, the possession of birds taken by any hunter shall be deemed to have ceased when such birds have been delivered by him or her to another person as a gift; or have been delivered by him or her to a post office, a common carrier, or a migratory bird preservation facility and consigned for transport by the U.S. Postal Service or a common carrier to some person other than the hunter.

18.0 Gift of Migratory Game Birds. No person may receive, possess, or give to another, any freshly killed migratory game birds as a gift, except at the personal abodes of the donor or donee, unless such birds have a tag attached, signed by the hunter who took the birds, stating such hunter's address, the total number and species of birds, and the date such birds were taken.

19.0 Transportation Prohibitions. No person shall at any time, by any means, or in any manner, transport any migratory game bird or part thereof, taken in violation of any provision of subsections 4.0 through 8.0 of this section.

20.0 Birds of Another. No person shall transport migratory game birds belonging to another person unless such birds are tagged as required by subsection (14.0) of this section.

21.0 Species Identification Requirement. No person shall transport within the United States any migratory game birds, except doves and band-tailed pigeons (Columba fasciata), unless the head or one fully feathered wing remains attached to each such bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or a migratory bird preservation facility.

22.0 Marking Package or Container. No person shall transport by the U.S. Postal Service or a common carrier migratory game birds unless the package or container in which such birds are transported has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.

23.0 Exportation Prohibitions. No person shall at any time, by any means, or in any manner, export or cause to be exported, any migratory game bird or part thereof, taken in violation of any provision of subsections 4.0 through 8.0 of this section.

24.0 Species Identification Requirement. No person shall export migratory game birds unless one fully feathered wing remains attached to each such bird while being transported from the United States and/or any of its possessions to any foreign country.

25.0 Marking Package or Container. No person shall export migratory game birds via the U.S. Postal Service or a common carrier unless the package or container has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.

26.0 Importation Limits. No person shall import migratory game birds in excess of the following importation limits:

26.1 Doves and Pigeons.

(i) From any foreign country except Mexico, during any one calendar week beginning on Sunday, not to exceed 25 doves, singly or in the aggregate of all species, and 10 pigeons, singly or in the aggregate of all species.

(ii) From Mexico, not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: Provided, that if the importer has his or her Mexican hunting permit date-stamped by appropriate Mexican wildlife authorities on the first day he or she hunts in Mexico, he or she may import the applicable Mexican possession limit corresponding to the days actually hunted during that particular trip.

26.2 Waterfowl.

(i) From any foreign country except Canada and Mexico, during any one calendar week beginning on Sunday, not to exceed 10 ducks, singly or in the aggregate of all species, and five geese including brant, singly or in the aggregate of all species.

(ii) From Canada, not to exceed the maximum number permitted to be exported by Canadian authorities.

(iii) From Mexico, not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: Provided, that if the importer has his or her Mexican hunting permit date-stamped by appropriate Mexican wildlife authorities on the first day he or she hunts in Mexico, he or she may import the applicable Mexican possession limit corresponding to the days actually hunted during that particular trip.

27.0 Birds of Another. No person shall import migratory game birds to another person.

28.0 Species Identification Requirement. No person shall import migratory game birds unless each such bird has one fully feathered wing attached, and such wing must remain attached while being transported between the port of entry and the personal abode of the possessor or between the port of entry and a migratory bird preservation facility.

29.0 Foreign Export Permits. No person shall import, possess or transport, any migratory game birds killed in a foreign country unless such birds are accompanied by export permits, tags, or other documentation required by applicable foreign laws or regulations.

30.0 Processing Requirement. No person shall import migratory game birds killed in any foreign country, except Canada, unless such birds are dressed (except as required in subsection 28.0), drawn, and the head and feet are removed: Provided, That this shall not prohibit the importation of legally taken, fully feathered migratory game birds consigned for mounting purposes to a taxidermist who holds a current taxidermist permit and who is also licensed by the U.S. Department of Agriculture to decontaminate such birds.

31.0 Marking of Package or Container. No person shall import migratory game birds via the U.S. Postal Service or a common carrier unless the package or container has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.

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

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

34.0 Violation of Foreign Law. No person shall at any time, by any means, or in any manner, import, possess, or transport, any migratory bird, or any part, nest, or egg of any such bird taken, bought, sold, transported, possessed, or exported contrary to any applicable law or regulation of any foreign country, or state or province thereof.

35.0 Tagging Requirement. No migratory bird preservation facility shall receive or have in custody any migratory game birds unless such birds are tagged as required by subsection 14.0 of this section.

36.0 Records Required.

36.1 No migratory bird preservation facility shall:

(A) Receive or have in custody any migratory game bird unless accurate records are maintained which can identify each bird received by, or in the custody of, the facility by the name of the person from whom the bird was obtained, and show (i) the number of each species; (ii) the location where taken; (iii) the date such birds were received; (iv) the name and address of the person from whom such birds were received; (v) the date such birds were disposed of; and (vi) the name and address of the person to whom such birds were delivered, or

(B) Destroy any records required to be maintained under this section for a period of one year following the last entry on the record.

36.2 Record keeping as required by this section will not be necessary at hunting clubs which do not fully process migratory birds by removal of both the head and wings.

37.0 Inspection of Premises. No migratory bird preservation facility shall prevent any person authorized to enforce this section from entering such facilities at all reasonable hours and inspecting the records and the premises where such operations are being carried.

38.0 Commercial Use of Feathers. Any person may possess, purchase, sell, barter, or transport for the making of fishing flies, bed pillows, and mattresses, and for similar commercial uses the feathers of migratory waterfowl (ducks, geese, brant, and swans) killed by hunting pursuant to this section, or seized and condemned by federal or state game authorities, except that:

38.1 No person shall purchase, sell, barter, or offer to purchase, sell, or barter for millinery or ornamental use the feathers of migratory game birds taken under authority of this section; and

38.2 No person shall purchase, sell, barter, or offer to purchase, sell, or barter mounted specimens of migratory game birds taken under authority of this section.

39.0 Personal Use of Feathers or Skins. Any person for his or her own use may possess, transport, ship, import, and export without a permit the feathers and skins of lawfully taken migratory game birds.
10 V.S.A. § 722 — VT Code / Title 10 / Chapter 31 / Section 722
§ 722. Duties of supervisors; bonds; records; removal
Status: in_force

(a) The supervisors shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds. They shall keep a full record of all proceedings and of all resolutions, rules, and orders issued, and shall provide for an annual audit of the receipts and disbursements.

(b) The supervisors shall conduct an annual meeting of the district after first publicizing such meeting in a manner approved by the council.

(c) Any supervisor may be removed by the State Natural Resources Conservation Council, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason.
10 V.S.A. § 4519 — VT Code / Title 10 / Chapter 109 / Section 4519
§ 4519. Assurance of discontinuance
Status: in_force

(a) As an alternative to judicial proceedings, the Commissioner may accept an assurance of discontinuance of any violation of this part. An assurance of discontinuance may include, but need not be limited to:

(1) specific actions to be taken;

(2) abatement or mitigation schedules;

(3) payment of a civil penalty and the costs of investigation;

(4) payment of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved persons.

(b) An assurance of discontinuance shall be in writing and signed by the respondent and shall specify the statute or regulation alleged to have been violated. An assurance of discontinuance shall be simultaneously filed with the Attorney General and the Civil Division of the Superior Court of the county in which the alleged violation occurred or the Civil Division of the Superior Court of Washington County. An assurance of discontinuance may, by its terms, become an order of the court. Evidence of a violation of an assurance of discontinuance shall be prima facie proof of the violation.

(c) Any violation of an assurance of discontinuance shall constitute a separate and distinct offense of the underlying statute or rule and shall be subject to an administrative penalty under section 4520 of this title, in addition to any other applicable penalties.
10 V.S.A. § 631 — VT Code / Title 10 / Chapter 25 / Section 631
§ 631. Bonds and notes
Status: repealed

(a)(1) The Agency may issue its negotiable notes and bonds in such principal amount as the Agency determines to be necessary to provide sufficient funds for achieving any of its corporate purposes, including the payment of interest on notes and bonds of the Agency, establishment of reserves to secure the notes and bonds including the reserve funds created under section 632 of this title, and all other expenditures of the Agency incident to and necessary or convenient to carry out its corporate purposes and powers.

(2) The Agency shall have the power, from time to time, to issue notes to renew notes and bonds to pay notes, including the interest thereon and, whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any of its corporate purposes.

(3) Except as may otherwise be expressly provided by resolution of the Agency, every issue of its notes and bonds shall be general obligations of the Agency payable out of any revenues or monies of the Agency, subject only to any agreements with the holders of particular notes or bonds pledging any particular revenues.

(b) The notes and bonds shall be authorized by resolution or resolutions of the Agency, shall bear such date or dates and shall mature at such time or times as the resolution or resolutions may provide, except that no bond shall mature more than 42 years from the date of its issue. The bonds may be issued as serial bonds or as term bonds or as a combination thereof. The notes and bonds shall bear interest at such rate or rates, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places within or without the State, and be subject to such terms of redemption as the resolution or resolutions may provide; provided, however, that at the time of the authorization of the issuance of such bonds or notes the Agency determines in such resolution:

(1) that mortgage loans made by or on behalf of the Agency, directly or indirectly, with the proceeds of such bonds or notes in accordance with section 621 or 622 of this title can be issued bearing a rate or rates of interest that will be less than the prevailing rate of interest on comparable mortgage loans available in the State without the assistance of the Agency at the time the bonds or notes are sold; and

(2) that the Agency will derive receipts, revenues, or other income from mortgages purchased or loans made through mortgage lenders with the proceeds of such bonds or notes sufficient to provide, together with all other available receipts, revenues, and income of the Agency, for the payment of such bonds or notes and the payment of all costs and expenses incurred by the Agency with respect to the program or purpose for which such bonds or notes are issued. The notes and bonds of the Agency may be sold by the Agency, at public or private sale, at such price or prices as the Agency shall determine.

(c) Any resolution or resolutions authorizing any notes or bonds or any issue thereof may contain provisions, which shall be a part of the contract or contracts with the holders thereof, as to:

(1) pledging all or any part of the revenues of the Agency to secure the payment of the notes or bonds or of any issue thereof, subject to such agreements with noteholders or bondholders as may then exist;

(2) pledging all or any part of the assets of the Agency, including mortgages and obligations securing the same, to secure the payment of the notes or bonds or of any issue of notes or bonds, subject to such agreements with noteholders or bondholders as may then exist;

(3) the use and disposition of the gross income from mortgages owned by the Agency and payments upon other obligations held by the Agency;

(4) the setting aside of reserves or sinking funds and the regulation and disposition thereof;

(5) limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging the proceeds to secure the payment of the notes or bonds or of any issue thereof;

(6) limitations on the issuance of additional notes or bonds, the terms upon which additional notes or bonds may be issued and secured, and the refunding of outstanding or other notes or bonds;

(7) the procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent thereto, and the manner in which consent may be given;

(8) limitations on the amount of monies to be expended by the Agency for operating expenses of the Agency;

(9) vesting in a trustee or trustees, within or without the State, such property, rights, powers, and duties in trust as the Agency may determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders pursuant to this chapter and limiting or abrogating the right of the bondholders to appoint a trustee under this chapter or limiting the rights, powers, and duties of the trustee;

(10) defining the acts or omissions to act that shall constitute a default in the obligations and duties of the Agency to the holders of the notes or bonds and providing for the rights and remedies of the holders of the notes or bonds in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that the rights and remedies shall not be inconsistent with the general laws of the State and other provisions of this chapter; and

(11) any other matters, of like or different character, that in any way affect the security or protection of the holders of the notes or bonds.

(d) Any pledge made by the Agency shall be valid and binding from the time when the pledge is made; the revenues, monies, or property so pledged and thereafter received by the Agency shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Agency, irrespective of whether such parties have notice thereof.

(e) Bonds, notes, and other obligations authorized under this chapter may, in the discretion of the Agency, be issued with such terms as will cause the interest thereon to be subject to federal income taxation. To the extent required for their sale, the Agency may register such obligations, including the obligations of a trust established pursuant to section 627 of this title, under applicable federal and State securities laws. No person executing any bonds, notes, and other obligations issued by the Agency or others under authority of this chapter shall be subject to any personal liability or accountability by reason of the issuance thereof. The Agency shall indemnify any person who shall have served as a commissioner, officer, or employee of the Agency against financial loss or litigation expense arising out of or in connection with any claim or suit involving allegations that pecuniary harm has been sustained as a result of any transaction authorized by this chapter, unless such person is found by a final judicial determination not to have acted in good faith and for a purpose that he or she reasonably believed to be lawful and in the best interests of the Agency.

(f) The Agency, subject to such agreements with noteholders or bondholders as may then exist, shall have power out of any funds available therefor to purchase notes or bonds of the Agency at a price as shall be determined in the economic best interests of the Agency.

(g) In the discretion of the Agency, the notes or bonds may be secured by a trust indenture by and between the Agency and a corporate trustee, which may be any trust company or bank having the power of a trust company within or without the State. The trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the noteholders or bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Agency in relation to the exercise of its corporate powers and the custody, safeguarding, and application of all monies. The Agency may provide by such trust indenture for the payment of the proceeds of the notes or bonds and the revenues to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out the trust indenture may be treated as a part of the operating expenses of the Agency. If the notes or bonds shall be secured by a trust indenture, the noteholders and bondholders shall have no authority to appoint a separate trustee to represent them.

(h) Any law to the contrary notwithstanding, a bond or note issued under this chapter is fully negotiable for all purposes of 9A V.S.A. § 1-101 et seq., and each holder or owner of a bond or note, or of any coupon appurtenant thereto, by accepting the bond or note or coupon shall be conclusively deemed to have agreed that the bond, note, or coupon is fully negotiable for those purposes.

(i) Any provision of this chapter or of any other law or any recitals in any bonds or notes issued under this chapter to the contrary notwithstanding, all bonds, notes, and interest coupons appertaining thereto issued by the Agency shall have and are hereby declared to have all the qualities and incidents, including negotiability, of investment securities under 9A V.S.A. § 1-101 et seq., but no provision of those sections respecting the filing of a financing statement to perfect a security interest shall be applicable to any security interest created in connection with the issuance of the bonds, notes, or coupons.

(j) In case any of the commissioners, executive director, or officers of the Agency whose signatures appear on any notes or bonds or coupons shall cease to be commissioners, executive director, or officers before the delivery of such notes or bonds, the signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners, executive director, or officers had remained in office until such delivery.

(k) Interest rate exchange agreements. The Agency may enter into one or more agreements for the exchange of interest rates, cash flows, or payments to reduce net borrowing costs, achieve desirable net effective interest rates in connection with its issuance and sale of debt obligations and to provide for an efficient means of debt management.

[Subsection (l) repealed on July 1, 2039.]

(l)(1) The bonds, notes, and other obligations authorized to be issued pursuant to subdivision 621(22) of this title shall be secured by a pledge of the property transfer tax revenues to be transferred to the Agency pursuant to 32 V.S.A. § 9610(d) and shall mature on or before June 30, 2039.

(2) The Agency may issue the bonds, notes, and other obligations in one or more series at one time or from time to time, provided that the aggregate annual debt service on the bonds, notes, and other obligations shall not exceed $2,500,000.00 at any time.

(3) The Agency shall transfer the proceeds of the bonds, notes, and other obligations, less issuance fees and costs and required reserves, to the Vermont Housing and Conservation Trust Fund established pursuant to section 312 of this title for use by the Vermont Housing and Conservation Board as provided in section 314 of this title.

(4) The Agency, the Vermont Housing and Conservation Board, and the State Treasurer may execute one or more agreements governing the terms and conditions under which the property transfer tax revenues that secure the bonds, notes, and obligations shall be transferred to the Agency, and any other issues they determine appropriate.
10 V.S.A. § 1233 — VT Code / Title 10 / Chapter 46A / Section 1233
§ 1233. Procedures and conditions governing intergovernmental agreements-Article II
Status: in_force

A. Cooperative Agreements Authorized. Any two or more municipalities, one or more located in New Hampshire and one or more located in Vermont, may enter into cooperative agreements for the construction, maintenance, and operation of public water supply facilities serving all the municipalities who are parties thereto.

B. Approval of Agreements. Any agreement entered into under this compact shall, prior to becoming effective, be approved by the water supply agency of each state, and shall be in a form established jointly by said agencies of both states.

C. Method of Adopting Agreements. Agreements shall be adopted by the governing body of each municipality in accordance with statutory procedures for the adoption of interlocal agreements between municipalities within each state; provided that before a Vermont municipality may enter into such agreement, the proposed agreement shall be approved by the voters.

D. Review and Approval of Plans. The water supply agency of the state in which any part of a public water supply facility which is proposed under an agreement pursuant to this compact is proposed to be or is located, is hereby authorized and required, to the extent such authority exists under its state law, to review and approve or disapprove all reports, designs, plans, and other engineering documents required to apply for federal grants-in-aid or grants-in-aid from said agency's state, and to supervise and regulate the planning, design, construction, maintenance, and operation of said part of the facility.

E. Federal Grants and Financing.

1. Application for federal grants-in-aid for the planning, design, and construction of public water supply facilities other than distribution facilities shall be made jointly by the agreeing municipalities, with the amount of the grant attributable to each state's allotment to be based upon the relative total capacity reserves allocated to the municipalities in the respective states determined jointly by the respective state water supply agencies. Each municipality shall be responsible for applying for federal and state grants for distribution facilities to be located within the municipal boundaries.

2. Municipalities are hereby authorized to raise and appropriate revenue for the purpose of contributing pro rata to the planning, design, and construction cost of public water supply facilities constructed and operated as joint facilities pursuant to this compact.

F. Contents of Agreements. Agreements entered into pursuant to this compact shall contain at least the following:

1. A system of charges for users of the joint public water supply facilities.

2. A uniform set of standards for users of the joint public water supply facilities.

3. A provision for the pro rata sharing of operating and maintenance costs based upon the ration of actual usage as measured by devices installed to gauge such usage with reasonable accuracy.

4. A provision establishing a procedure for the arbitration and resolution of disputes.

5. A provision establishing a procedure for the carriage of liability insurance, if such insurance is necessary under the laws of either state.

6. A provision establishing a procedure for the modification of the agreement.

7. A provision establishing a procedure for the adoption of regulations for the use, operation, and maintenance of the public water supply facilities.

8. A provision setting forth the means by which the municipality that does not own the joint public water supply facility will pay the other municipality its share of the maintenance and operating costs of said facility.

G. Applicability of State Laws. Cooperative agreements entered into by municipalities under this compact shall be consistent with, and shall not supersede, the laws of the state in which each municipality is located. Notwithstanding any provision of this compact, actions taken by a municipality pursuant to this compact, or pursuant to an agreement entered into under this compact, including the incurring of obligations or the raising and appropriating of revenue, shall be valid only if taken in accordance with the laws of the state in which such municipality is located.
10 V.S.A. § 5210 — VT Code / Title 10 / Chapter 119 / Section 5210
§ 5210. Private ponds
Status: in_force

A person owning a natural pond of not more than 20 acres or an artificial pond entirely upon his or her premises, stocked at his or her own expense with fish artificially hatched or reared, may take fish from such pond at any time for the purpose of propagation or consumption as food on his or her premises, provided that the sources of water supply for such pond are entirely upon his or her premises or that fish do not have access to such pond from waters not under his or her control or from waters stocked at the expense of the State.
10APPENDIX V.S.A. § 1 — VT Code / Title 10APPENDIX / Chapter 1 / Section 1
App. § 1. Wild animals generally
Status: in_force

Wild animals, other than protected birds or game or furbearing animals, may be taken at any time, by any lawful means, by any person, holding a valid license for such taking or by any person permitted by law to take game without a license.
10 V.S.A. § 4001 — VT Code / Title 10 / Chapter 101 / Section 4001
§ 4001. Definitions
Status: repealed

Words and phrases used in this part, unless otherwise provided, shall be construed to mean as follows:

(1) Closed season: that period of time during which fishing or hunting is prohibited.

(2) Open season: that period of time during which fishing or hunting is permitted.

(3) Legal day:

(A) Fishing: as provided by regulations of the Fish and Wildlife Board;

(B) Hunting: as provided by regulations of the Fish and Wildlife Board;

(C) [Repealed.]

(D) Hunting raccoon: as provided by regulations of the Fish and Wildlife Board.

(4) Angling: fishing by any of the following methods:

(A) By means of hook and line in hand or attached to a rod, in accordance with regulations of the Board.

(B) By casting or trolling artificial flies, lures, or baited hooks, in accordance with regulations of the Board.

(5) Black bass: large mouth bass or small mouth bass.

(6) [Repealed.]

(7) [Repealed.]

(8) Trout: brook, rainbow, and brown.

(9) Game: game birds or game quadrupeds, or both.

(10) Game birds: quail, partridge, woodcock, pheasant, plover of any kind, Wilson snipe, other shore birds, rail, coot, gallinule, wild ducks, wild geese, and wild turkey.

(11) Partridge: ruffed grouse.

(12) Game quadruped: caribou, elk, moose, deer, gray squirrel, rabbit, and black bear.

(13) Rabbit: to include wild hare.

(14) Fur-bearing animals: beaver, otter, marten, mink, raccoon, fisher, fox, skunk, coyote, bobcat, weasel, opossum, lynx, wolf, and muskrat.

(15) Wild animals or wildlife: all animals, including birds, fish, amphibians, and reptiles, other than domestic animals, domestic fowl, or domestic pets.

(16) Private preserves: lands or waters where the taking of fish or wild animals is prohibited as provided in sections 5204-5206 of this title.

(17) Propagation farms: lands or waters used for the propagation of fish or wild animals as provided in sections 5207-5209 of this title.

(18) Person: includes principal, agent, employee, firm, partnership, corporation, and association.

(19) Possession: actual or constructive possession or any control of things referred to.

(20) Resident: a person who has resided in this State for the six months immediately prior to the date of making application for a license and who has not during that period claimed a residence in any other state for any purpose.

(21) Nonresident: a person not a resident.

(22) Sell, sold, or sale: barter, exchange, and offering or exposing for sale; and possession with intent to sell.

(23) Take and taking: pursuing, shooting, hunting, killing, capturing, trapping, snaring, and netting fish, birds, and quadrupeds and all lesser acts, such as disturbing, harrying, worrying, or wounding or placing, setting, drawing, or using any net or other device commonly used to take fish or wild animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, reference is had to taking by lawful means and in a lawful manner.

(24) Transport and transportation: all carrying or moving or causing to be carried or moved.

(25) Whole to include part: every provision in this part relating to any fish or wild animal shall be deemed to apply to any part thereof with the same force and effect as it applies to the whole.

(26) Inclusion and exclusion of dates: except as herein otherwise specially provided, when a period is named during which an act is permitted or prohibited, the first date shall be included within and the last excluded from such period.

(27) Commissioner: Commissioner of Fish and Wildlife.

(28) Board: Fish and Wildlife Board.

(29) Bow in the phrase “bow and arrow”: hand-held bow, including a long bow, recurve bow, or compound bow.

(30) Person with paraplegia: a person who has permanent paralysis of the lower half of the body with involvement of both legs, or a person who is missing both lower extremities.

(31) Big game: deer, bear, moose, wild turkey, caribou, elk, and anadromous Atlantic salmon taken in the Connecticut River Basin.

(32) Field trials: a competitive event held by an organized club for the purpose of demonstrating the skill of hunting and retrieving dogs under hunting conditions.

(33)(A) Muzzle loading firearm: a single-shot, single-barrel rifle, or smoothbore firearm, with a minimum barrel length of 20 inches, designed to be fired from the shoulder or a single-shot pistol with a minimum barrel length of 10 inches. Both rifle and pistol must be incapable of being loaded from the breach without the use of tools, and must have a minimum bore diameter of 0.43 inches and an ignition system of traditional or modern flintlock, caplock, matchlock, in line, or wheellock style.

(B) Ammunition: for purposes of this section, black powder or other suitable nonsmokeless propellant, and a single ball or bullet shall be the sole ammunition permitted.

(34) Small game: game birds, except for turkeys; game quadrupeds, except for big game; furbearers; and other wild animals.

(35) Secretary: the Secretary of Natural Resources.

(36) Point-of-sale agent: an agent authorized by the Commissioner to sell licenses and provide replacement licenses electronically through the State's point-of-sale license system.

(37) Mitigation: the acquisition of an interest in land, change in operation, or funds or other remuneration paid in order to compensate for the loss of habitat, plants, or animals required by a permitting or regulatory process.

(38) Captive hunt facility: any enclosure created by the use of fences, man-made structures, or natural barriers where animals are confined for the purpose of taking or attempting to take an animal by hunting. Captive hunt facility shall not mean activities covered by the Commissioner of Fish and Wildlife's rules for the training of dogs or for the regulation of regulated shooting grounds.

(39) Enclosure: means a structure designed to restrict the free movement of animals and the area within that structure.

(40) Domestic pet: domesticated dogs, domesticated cats, domesticated ferrets, psittacine birds, or any domesticated animal.

(41) Gun suppressor: any device for muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a gun suppressor, and any part intended only for use in such assembly or fabrication.
10 V.S.A. § 822 — VT Code / Title 10 / Chapter 34 / Section 822
§ 822. Rights and interests
Status: in_force

Conservation and preservation rights and interests shall be stated in the form of a deed restriction, right, easement, covenant, or condition. These rights and interests shall be valid, exercisable, and enforceable by the holder thereof and by the holder's successors and assigns, against the owner of the encumbered property and the owner's heirs, successors, and assigns, whether or not such rights or interests are appurtenant to or benefit a specific parcel of real property, and regardless of privity of contract, or lack thereof, between the holder of such rights or interests and the owner of the encumbered property.
10 V.S.A. § 4605 — VT Code / Title 10 / Chapter 111 / Section 4605
§ 4605. Placing fish in waters; fish importation permits
Status: in_force

(a) A person shall not introduce or attempt to introduce any fish into any waters except private ponds lacking access to other waters of the State without a permit issued by the Commissioner under this section or rules adopted by the Commissioner under subsection (c) of this section.

(b) A person shall not bring into the State for the purpose of planting or introducing, or to plant or introduce, into any of the inland or outlying waters of the State any live fish or the live spawn thereof, unless, upon application in writing therefor, the person obtains from the Commissioner a permit so to do.

(c) The Commissioner may, by rule:

(1) Require a permit to introduce or attempt to introduce specific fish species into a specific water of the State based on management purposes.

(2) Prohibit the introduction or attempt at introduction of fish to specific waters of the State based on management purposes, ecosystem considerations, or the health and safety of Vermont's fish population.

(3) Adopt a list of fish that if introduced into Vermont waters, have the potential to cause harm to the fish population of the State. A person shall not possess or bring into the State any fish on the list unless the person has received a permit issued pursuant to this subsection. The Commissioner may issue a permit allowing importation and possession of a fish on the list, provided the fish is to be kept in a controlled situation and used for a public purpose such as research or education.

(d) Applicants shall pay a permit fee of $50.00. The Commissioner or duly authorized agents shall make such investigation and inspection of the fish as they may deem necessary, and then the importation permit may be granted pursuant to regulations that the Board shall prescribe. The Commissioner may waive the permit fee required under this subsection for organizations cooperating or partnering with the Department. The Commissioner or duly authorized agents shall make a determination on the permit within 10 days of receiving the application. The Department may dispose of unlawfully imported fish as it may judge best, and the State may collect damages from the violator of this subsection for all expenses incurred.

(e) Nothing in this section shall prohibit the Board, the Commissioner, or their duly authorized agents from bringing into the State for the purpose of planting, introducing, or stocking, or from planting, introducing, or stocking any fish in the State.

(f) In any permit issued under this section, the Commissioner may include conditions that ensure the health and safety of Vermont's fish population.
10 V.S.A. § 4148 — VT Code / Title 10 / Chapter 103 / Section 4148
§ 4148. Trespass on State property
Status: in_force

A person shall not trespass, in violation of regulations, upon property under the jurisdiction of the Secretary.
10APPENDIX V.S.A. § 15 — VT Code / Title 10APPENDIX / Chapter 1 / Section 15
App. § 15. Rule governing public use of Vermont Fish and Wildlife Department Lands
Status: in_force

1.0 Authority.

1.1 This rule is adopted pursuant to 10 V.S.A. § 4145(a) which authorizes the Board to adopt rules to “regulate the use by the public of access areas, landing areas, parking areas or of other lands or waters acquired or maintained pursuant to 10 V.S.A. § 4144.”

2.0 Purpose.

2.1 The purposes of this rule is to regulate public activities and use at Wildlife Management Areas, Riparian Lands, Conservation Camps and Fish Culture Stations in order to protect, manage, and conserve the fish, wildlife, vegetation and other natural and cultural resources of the State, to provide for the safe and efficient operation of the developed facilities of the Department and to protect the health, safety, and welfare of the public.

2.2 To foster quality hunting, fishing, trapping and other fish-based and wildlife-based activities at these lands and facilities.

2.3 This rule does not apply to Fishing Access Areas governed by 10 V.S.A. § 4145.

2.4 This rule is not intended to interfere with deed restrictions, easements, rights-of-way or other applicable legal agreements.

3.0 Definitions.

3.1 “Board” means the Vermont Fish and Wildlife Board as defined in 10 V.S.A. § 4041.

3.2 “Department” means Vermont Fish and Wildlife Department.

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

3.4 “Wildlife Management Area” or “WMA” means any lands or portions of lands of the Department so designated by the Department.

3.5 “Riparian Land” means any lands or portions of lands of the Department other than WMAs, Fish Culture Stations, Fishing Access Areas and Conservation Camps so designated by the Department, such as but not limited to stream bank parcels, dams, and pond sites.

3.6 “Conservation Camp” means any facilities, lands or portions of lands of the Department so designated by the Department.

3.7 “Fish Culture Station” means any facilities, lands or portions of lands of the Department so designated by the Department.

3.8 “Designated Site” means a delineated area at a WMA, Riparian Land, Conservation Camp or Fish Culture Station that the Department has designated for a particular activity or prohibition on an activity, and so identified and demarcated with signage or identified on a Department-issued map.

3.9 “Designated Corridor” means a road, trail, path or other linear travel route at a WMA, Riparian Land, Conservation Camp or Fish Culture Station that the Department has designated for travel by a particular means or vehicle, and so identified with signage or identified on a Department-issued map.

3.10 “Authorized Activity” means an activity for which a person does not need prior permission to engage in, and can engage in at a WMA, Riparian Land, Conservation Camp or Fish Culture Station, or at a Designated Site or on a Designated Corridor within a WMA, Riparian Land, Conservation Camp or Fish Culture Station.

3.11 “Prohibited Activity” means an activity that no person, group, business or entity shall be allowed to engage in under any circumstances, and for which no Permit, License or Lease shall be authorized, except as provided for in Sections 6.0 of this regulation.

3.12 “Commercial Activity” means any activity or service that produces income for any person, group, business or entity, including any activity or service by any non-profit entity where a fee is required or requested.

3.13 “Special Use Permit” means a written authorization issued by the Department or its designee issued to a person, group, business or entity to undertake an activity.

3.14 “Group” means ten (10) or more persons.

3.15 “Primitive Camping” means temporary overnight occupancy in a natural environment with no developed facilities leaving the site in its original condition so there is no or minimal evidence of human visitation.

3.16 “Self-contained Camping” means camping with a portable shelter equipped with a self-contained, portable, sanitary toilet.

3.17 “Artifact” means an object produced or shaped by human craft, especially a tool, weapon, or ornament of archaeological or historical interest.

3.18 “Emergency situation” means an unintended or unforeseen situation that poses a risk to health or life of a person or animal.

3.19 “Field processing” means the gutting or dressing or other removal of non-consumptive parts of an animal for the preservation of the carcass to include the boning and quartering.

3.20 “Tree stand” means a platform or structure (placed for any period of time) which is fastened to a tree by nails, bolts, wire, or other fasteners that intrude through the bark into the wood of the tree, or around the tree.

3.21 “Ground blind” means a structure or manufactured enclosure made of natural or man-made materials placed on the ground to assist in concealing or disguising the user or occupant. This does not apply to blinds constructed for purposes of hunting waterfowl which are governed by 10 V.S.A. App. § 23.

3.22 “Bait” means any animal, vegetable, fruit or mineral matter placed with the intention of attracting wildlife.

3.23 “All-terrain vehicle” or “ATV” means any non-highway recreational vehicle, except snowmobiles, having no less than two low pressure tires (10 pounds per square inch, or less) or tracks, not wider than 60 inches with two-wheel ATVs having permanent, full-time power to both wheels, and having a dry weight of less than 1,700 pounds, when used for cross-country travel on trails or on any one of the following or a combination thereof: land, water, snow, ice, marsh, swampland, and natural terrain.

3.24 “Utility task vehicle” means a side-by-side four-wheel drive off-road vehicle that has four wheels, or tracks, and is propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,200 to 2,600 pounds.

3.25 “Waterbody” means any lake, pond, river, or stream.

4.0 Authorized Activities.

4.1 The following activities are authorized on all lands under this rule:

(a) Hunting, fishing, trapping and target shooting at designated shooting ranges, as well as all other activities authorized under 10 V.S.A. Part 4;

(b) Fish and wildlife viewing and photography;

(c) Boating, including launching and landing, for fish-based and wildlife-based activities where not otherwise prohibited by any other relevant regulations or statutes;

(d) Dispersed, wildlife-based pedestrian activities including walking, snowshoeing, swimming, cross-country skiing, and collection of shed antlers;

(e) Non-commercial picking of berries, nuts, fungi and other wild edibles except ginseng;

(f) Camping for purposes of hunting, fishing or trapping:

(1) Primitive camping on WMAs designated by the Department for no more than 3 consecutive nights. Camp sites must be at least 200 feet from any waterbody, property line, or road;

(2) Self-contained camping on sites designated by the Department for this purpose, for no more than 16 days during the periods of May 1-31, September 1 through December 15. No individual parcel will have more than three designated sites for self-contained camping unless that site's use has been demonstrated to have preceded January 1, 2007.

(g) Fish-based and wildlife-based commercial activities limited to those specified in 4.1(a) — 4.1(c) of this subsection when conducted by a person. This shall include guiding for purposes of fishing, hunting and trapping.

4.2 Prohibition on Otherwise Authorized Activities.

The Department may prohibit otherwise Authorized Activities for purposes such as, but not limited to: animal and/or habitat management, plant protection, habitat restoration or public safety.

5.0 Prohibited Activities.

5.1 The following activities are strictly prohibited, unless otherwise authorized in accordance with Section 6:

(a) The operation of any ATV, UTV, or any wheeled or tracked motorized vehicle not registered for public highway use, except as provided for under this subsection and section 6.0 of this regulation;

(1) Pursuant to 23 V.S.A. § 3506 (b)(4), ATV use is prohibited on, “any public land, body of public water . . . unless the Secretary has designated the area for ATV use by all-terrain vehicles pursuant to rules promulgated under provisions of 3 V.S.A. chapter 25.”

(2) If the Secretary has previously designated an area of state land for use by ATVs pursuant to 23 V.S.A. § 3506 (b)(4), the Commissioner shall authorize a designated corridor on Department lands for ATV use under section 6.0 of this rule subject to the terms and conditions the Commissioner deems appropriate.

(b) Use of motorized vehicles except on roads specifically designated for such use;

(c) Snowmobiling except as approved by the Department and on designated corridors;

(d) Horseback riding, dog sledding, non-motorized cycle riding, or use of motorized vehicles except on designated corridors;

(e) Draft and pack animals, except for retrieval of legally harvested moose, deer and black bear during the respective hunting season(s);

(f) Commercial Activities except those allowed under 4.1(a-c);

(g) Artifact or fossil collection;

(h) Fires except in emergency situations, or for non-primitive and primitive camping in accordance with 4.1(f);

(i) Abandoning, or disposing of any animal carcass, or their parts, except that portions of fish or game legally harvested on the property may be deposited on site during routine field processing for preservation and transport, or parts used in conjunction with legal trapping;

(j) Construction or placement of temporary or permanent structures, except as provided under Section 7 of this rule or for primitive and non-primitive camping in accordance with Section 4.1(f);

(k) Collection of plants, trees, evergreen brush or limbs, except wild edibles as allowed under Section 4.1(e) of this rule;

(l) Use of any fireworks or pyrotechnic devices except signal flares in an emergency situation;

(m) Feeding or baiting of wildlife except if otherwise authorized by law;

(n) Taking of fish from a fish culture station except during special events established by the Department, including but not limited to fishing derbies, clinics and educational events;

(o) Entering within 500 feet of any building or other associated infrastructure that is associated with a Department Fish Culture Station or Conservation Camp during times of the day other than those times posted for public use;

(p) Parking of vehicles except while engaged in an Authorized Activity;

(q) All other activities not specifically authorized by this rule, or authorized in writing by the Commissioner including, but not limited to: para-sailing, hang-gliding, recreational rock climbing, and geocaching.

6.0 Special Use Activities and Designated Sites on Vermont Fish and Wildlife Department Lands.

6.1 The Commissioner may grant a Special Use Permit, Lease or License for any activity under this rule so long as the Commissioner has determined that there will be no adverse impact on Authorized Activities or other adverse impacts on the primary purposes of ownership.

6.2 The Commissioner may designate a site, by means of signage, or being identified on a Department-issued map, for any activity under this rule so long as the Commissioner has determined that there will be no adverse impact on Authorized Activities or other adverse impacts on the primary purposes of ownership.

6.3 The Commissioner may permit accommodations to persons with a qualified disability pursuant to the Americans with Disabilities Act.

7.0 Use of Tree Stands and Ground Blinds on WMAs.

7.1 Permanent tree stands and ground blinds are prohibited on state-owned WMAs.

7.2 Temporary tree stands and ground blinds are permitted on state-owned WMAs under the following conditions:

(a) Tree stands and ground blinds may be erected and used without written permission from the Department during the time period from the third Sunday in August through the third Saturday in December annually, May 1 through May 31, all dates inclusive, or during any Youth Hunting Day or Weekend. This does not include blinds constructed for purposes of hunting waterfowl pursuant to 10 V.S.A. App. § 23.

(b) Tree stands and ground blinds may be erected and used at other times of the year with advance notice to, and written permission from, the Department's District office staff responsible for managing and administering state land in the District in which the land is located.

(c) Tree stands and ground blinds used on WMAs must be constructed and erected in such a way that:

(1) No damage is done to any living tree in erecting, maintaining, using, or accessing the stand or blind except that:

(2) Dead limbs, trees or shrubs may be removed as needed to erect and use the stand or blind, and;

(3) No live limbs, trees or shrubs may be cut for any purpose except those one inch or less in diameter at either ground level or from the main stem or branch of the tree where the stand or blind is located as appropriate (for guidance, a U.S. quarter is .9 inch in diameter), and;

(4) No nails, bolts, screws (including access steps), wire, chain or other material that penetrates through the bark and into the wood of live trees shall be used in erecting any stand or blind.

(d) All tree stands or ground blinds used on WMAs must be clearly and legibly marked with the owner's name and address. Marking shall be legible and placed in a manner that enables a person to conveniently and easily read it.

7.3 Tree stands and ground blinds that do not conform to this regulation are prohibited and may be confiscated and/or destroyed by the Department. Building, erecting, maintaining, using or occupying a non-conforming tree stand or ground blind is prohibited. Construction of any tree stand or ground blind does not confer exclusive use of its location to the person who built it. Any person may use that location for purposes consistent with this rule.
10 V.S.A. § 664 — VT Code / Title 10 / Chapter 27 / Section 664
§ 664. Application procedures
Status: in_force

(a) Travel promotion organizations, applying for a matching fund grant, must present their proposed travel development promotion programs to the Vermont Department of Tourism and Marketing in detail, and must further describe sources of local funds available for those purposes.

(b) Annually, the Agency, in consultation with the Travel and Recreation Council, shall establish a schedule for applying for and awarding matching funds. The Agency may establish more than one application cycle, provided that at least one competition for funds is conducted annually, and further provided that application cycles are such as to maintain a competitive matching grants program. The Travel and Recreation Council shall evaluate the relative merits of the applications based upon criteria established under this subchapter and make recommendations to the Agency as to a priority of applications which merit funding. The Secretary in consultation with the Commissioner of Tourism and Marketing shall review the recommendations of the Travel and Recreation Council and make final decisions regarding the funding of proposals under the matching grants programs.

(c) All applications will be reviewed and evaluated on the basis of the following:

(1) geographic area covered in application;

(2) scope of short- and long-range planning;

(3) program content; and

(4) projected impact on geographic area covered in application.

(d) Grants will be made to those organizations that best meet the purposes of this chapter and according to the availability of funds, but no grant will exceed the amount raised by the organization and applied to its proposed programs.

(e) Organizations receiving grants will be carefully evaluated, and risk elimination of their grants when a lack of effort, cooperation, and adherence to proposed programs is displayed. No travel promotion agency may act as a “feeder facility” simply to disburse State matching funds to a private sector business for the promotion of its private functions.

(f) Upon receiving and approving a given application, the Vermont Department of Tourism and Marketing will notify the organization of the grant amount in writing and execute a contract between that organization and the Department of Development.
10 V.S.A. § 5106 — VT Code / Title 10 / Chapter 117 / Section 5106
§ 5106. Duties of carriers
Status: in_force

(a) A person acting as a common carrier so receiving fish or wild animals for shipment shall indorse in ink on the back of the license under which same is to be shipped the name of the station from which the shipment is made, the destination, and the number of each kind of wild animal or the weight of each kind of fish. Such fish and wild animals shall have affixed thereto a tag plainly marked with the license number of the shipper thereof, and the kind and number of such game and the kind and weight of such fish.

(b) Such game and animals shall be open to view.

(c) If the license that is presented with consignment of fish or wild animals for transportation has an endorsement thereon showing that the number of such game or the weight of such fish, which may be lawfully taken by a nonresident in one legal day, or by a resident in two legal days, as the case may be, has already been shipped on such license, the person to whom the consignment is offered shall not accept it.
10 V.S.A. § 2622b — VT Code / Title 10 / Chapter 83 / Section 2622b
§ 2622b. Accident prevention and safety training for logging contractors
Status: in_force

(a) Training Program. The Commissioner of Forests, Parks and Recreation shall develop a logging operations accident prevention and safety training curriculum and supporting materials to assist logging safety instructors in providing logging safety instruction. In developing the logging operations accident prevention and safety training curriculum and supporting materials, the Commissioner shall consult with and seek the approval of the training curriculum by the Workers' Compensation and Safety Division of the Department of Labor.

(1) The accident prevention and safety training curriculum and supporting materials shall consist of an accident prevention and safety course that addresses the following:

(A) safe performance of standard logging practices, whether mechanized or nonmechanized;

(B) safe use, operation, and maintenance of tools, machines, and vehicles typically utilized and operated in the logging industry; and

(C) recognition of health and safety hazards associated with logging practices.

(2) The Commissioner shall make the accident prevention and safety training curriculum and supporting materials available to persons, organizations, or groups for presentation to individuals being trained in forest operations and safety.

(b) Request for proposal. The Commissioner shall prepare and issue a request for proposal to develop at least three course curriculums and associated training materials. The Commissioner may cooperate with any reputable association, organization, or agency to provide course curriculums and training required under this subsection.

(c) Certificate of completion. The Commissioner, any logging safety instructor, or a logger safety certification organization shall issue a certificate of completion to each person who satisfactorily completes a logging operations accident prevention and safety training program based on the curriculum developed under this section.
10 V.S.A. § 4452 — VT Code / Title 10 / Chapter 108 / Section 4452
§ 4452. Compact Administrator
Status: in_force

The Compact Administrator for Vermont shall be the Commissioner of Fish and Wildlife or a designated representative of the Commissioner. The duties of the Compact Administrator shall be deemed a regular part of the duties of the office of the Commissioner of Fish and Wildlife.
10 V.S.A. § 951 — VT Code / Title 10 / Chapter 39 / Section 951
§ 951. Flood prevention, powers of Governor
Status: in_force

The Governor may employ such expert assistance as he or she deems advisable for the purpose of devising ways and means of averting and mitigating damage by floods, and may disseminate such practical information as he or she may obtain thereby.
10APPENDIX V.S.A. § 102 — VT Code / Title 10APPENDIX / Chapter 2 / Section 102
App. § 102. Hours
Status: in_force

Fish may be taken during the open season at any hour of the day.
10 V.S.A. § 218 — VT Code / Title 10 / Chapter 12 / Section 218
§ 218. Construction
Status: in_force

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

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

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

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

(e) The provisions of this chapter are severable, and the invalidity of any provision or provisions of this chapter shall not affect the validity of any other provision or provisions of this chapter.
10 V.S.A. § 1223 — VT Code / Title 10 / Chapter 46 / Section 1223
§ 1223. Procedures and conditions governing intergovernmental agreements-Article II
Status: in_force

A. Cooperative Agreements Authorized. Any two or more municipalities, one or more located in New Hampshire and one or more located in Vermont, may enter into cooperative agreements for the construction, maintenance, and operation of a resource recovery facility or sanitary landfill or both and those related services needed for the efficient operation thereof. The agreement may also include the sale of energy and other byproducts.

B. Approval of Agreements. Any agreement entered into under this compact shall, prior to becoming effective, be approved by the solid waste agencies of both New Hampshire and Vermont as in conformance with each state's solid waste management plan.

C. Method of Adopting Agreements. Agreements hereunder shall be adopted in accordance with existing statutory procedures for the adoption of intergovernmental agreements between municipalities within each state, and further in New Hampshire, as provided in RSA Chapter 53-B.

D. Review and Approval of Plans. The solid waste agencies of the state in which any part of a solid waste disposal and resource recovery facility that is proposed under an agreement pursuant to this compact is proposed to be or is located is hereby authorized and required, to the extent such authority exists under its state law to assure that the proposed facility is compatible with the existing state plan.

E. Contents of Agreements. Agreements entered into pursuant to this compact shall contain the following:

1. Duration of the agreement.

2. Purpose of the agreement.

3. Provision for a joint board and/or administrator responsible for administering the cooperative undertaking and the powers to be exercised thereby. All municipalities party to the agreement shall be represented.

4. The manner of acquiring, holding, and disposing of real and personal property used in the cooperative undertaking.

5. The manner of financing the cooperative undertaking and establishing a budget therefor.

6. The manner and method of establishing and imposing fair and equitable charges for the users of the facilities.

7. A provision establishing a procedure for the arbitration of disputes.

8. The conditions and procedure under which a municipality may withdraw from or be added to a cooperative agreement.

9. The manner in which the agreement may be amended.

10. The methods to be employed in the termination of the agreement and for disposing of property upon termination.
10 V.S.A. § 495 — VT Code / Title 10 / Chapter 21 / Section 495
§ 495. Other regulations applying to permitted signs
Status: in_force

(a) No official business directional sign, on-premises sign, residential directional sign, or exempt sign may be erected or maintained, along a highway and visible from the highway, that:

(1) Interferes with, imitates or resembles any official traffic control sign, signal or device, or attempts or appears to attempt to direct the movement of traffic.

(2) Prevents the driver of a motor vehicle from having a clear and unobstructed view of official traffic control signs and approaching or merging traffic.

(3) Contains, includes, or is illuminated by any flashing intermittent or moving lights, or moves or has any animated or moving parts, except that this restriction shall not apply to a traffic control sign, barber poles, theatre marquees that are determined by the Travel Information Council to contribute to the historic significance of a building listed, or eligible for listing, in the national register of historic places and that are operated in accordance with any conditions prescribed by the travel information council, or signs of a public service nature as determined by the Travel Information Council.

(4) Has any lighting, unless such lighting is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main travelled way of a highway, or is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle or otherwise to interfere with the operation thereof.

(5) Is located upon a tree, or painted or drawn upon a rock or other natural feature, except that this restriction shall not apply to residential directional signs.

(6) Advertises or calls attention to a business or other activity, or a profession, commodity, product, service, or entertainment not carried on, produced, sold, or offered in this State, or to an activity of any kind which has already occurred or has otherwise terminated.

(7) Is in violation of or at variance with any federal law or regulation, including one containing or providing for conditions to or affecting the allocation of federal highway or other funds to or for the benefit of this State or any subdivision thereof.

(b) No on-premises or exempt sign may be erected if it is so located as to be readable primarily from a limited access facility.

(c) No on-premises sign, residential directional, or exempt sign may be erected or maintained that:

(1) Advertises activities that are illegal under any State or federal law applicable at the location of the sign or of the activities.

(2) Is not clean or in good repair.

(3) Is not securely affixed to a substantial structure.

(4) Is not consistent with the standards in this chapter or regulations of the Travel Information Council.

(d) Notwithstanding any other provisions of this title, a person, firm, or corporation shall not erect or maintain any outdoor advertising structure, device, or display within the limits of the highway right-of-way; however, this limitation shall not apply to the signs and devices referred to in subdivisions 494(1), (2), (3), (6), (7), (10), (14), and (17) of this title.

(e) Except on those highways maintained exclusively by the Agency of Transportation and on limited access facilities, the limitation established by subsection (d) of this section shall not apply to the signs and devices referred to in subdivisions 494(9) and (11) of this title.

(f) Except on limited access facilities, the limitation established by subsection (d) of this section shall not apply to the signs referred to in subdivision 494(18) of this title.
10 V.S.A. § 503 — VT Code / Title 10 / Chapter 21 / Section 503
§ 503. Penalty
Status: in_force

A person who violates this chapter shall be assessed a civil penalty of not more than $50.00. Each day the violation continues shall be a separate offense.
10 V.S.A. § 20 — VT Code / Title 10 / Chapter 1 / Section 20
§ 20. EB-5 Program; regulation; oversight
Status: in_force

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

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

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

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

(1) communication with and reporting to the USCIS;

(2) marketing activities;

(3) required provisions pertaining to private placement memoranda;

(4) securities analysis and standards for project approval;

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

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

(7) investor relations and a formal complaint protocol;

(8) standards for revoking approval of a project;

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

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

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

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

(e) The rules adopted under this section shall explicitly state that any interest obtained through a capital investment in the EB-5 Program is a “security” as defined in 9 V.S.A. § 5102(28) and as such is subject to regulation by the Commissioner of Financial Regulation under the Vermont Uniform Securities Act, 9 V.S.A. chapter 150.
10 V.S.A. § 1961 — VT Code / Title 10 / Chapter 63 / Section 1961
§ 1961. Powers and duties
Status: in_force

(a) The Advisory Committee shall:

(1) Gather existing scientific data concerning the condition of the water and wildlife in the Lake Champlain basin region. Such data may include information concerning:

(A) Factors affecting water quality of the lake with emphasis on the levels and sources of nutrient loading and the presence of toxic materials.

(B) Condition of the lake's fishery resource and health of wildlife populations.

(C) Level and impact of aquatic nuisance infestations.

(D) Potential and current impacts of hazardous material spills.

(E) Impact of shoreline development and marinas.

(F) Quality and purity of the lake as a drinking water source.

(2) Using existing government and nonprofit resources whenever possible, gather information about activities that affect or have the potential to affect the water and wildlife in the Lake Champlain basin region. The Advisory Committee shall also consider the effect of these activities on regional needs for agricultural and industrial development, for employment opportunities and for a high quality environment. Such information may include data concerning:

(A) Recreational management issues, including land acquisition for protection of valuable natural areas, or to enhance public access where desired, or both.

(B) Federal, state, and local activities that affect the lake.

(3) Act as the Citizens Advisory Committee to the Joint Committee created in the memorandum of understanding on environmental cooperation on the management of Lake Champlain, and signed by the Governor of Vermont, Governor of New York, and the Premier of Quebec on August 23, 1988. The Advisory Committee shall also work with the New York and Quebec representatives of the Lake Champlain Citizens Advisory Committee created as a result of the memorandum of understanding.

(4) By June 15, 1991 and every January thereafter, recommend to the Secretary a Vermont policy for Lake Champlain or changes to existing policy. By June 15, 1991 and every January thereafter, the Secretary shall recommend to the Legislature a policy or policy changes regarding Lake Champlain. The policy shall:

(A) address management concerns identified under this subsection;

(B) recommend a governance process for making decisions regarding cooperative management of the lake's cultural and natural resources, that may include development of a tripartite governmental framework ratified by Congress;

(C) recommend a process for creating a research consortium to monitor the condition of the lake;

(D) recommend ongoing funding sources for carrying out the purposes of this chapter.

(5) On or before June 15, 1991, and every January thereafter, present a report to the Vermont General Assembly. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision. The report shall include the following:

(A) an update on the quality of the waters of the lake;

(B) findings of pertinent research;

(C) an action plan including water quality and fishery improvement measures and ways to enhance public use of and access to the lake;

(D) recommended budgets and revenue sources including an expanded lake user fee structure.

(6) Carry out activities designed to educate the public about Lake Champlain issues and to disseminate information gathered under this subsection.

(7) Act as a Citizen's Advisory Committee to the federal Lake Champlain Management Conference created in the Lake Champlain Special Designation Act of 1990 (Pub. L. No. 101-596). The Advisory Committee shall review the activities of the Conference and make appropriate recommendations to the Conference members. After June 15, 1991, all recommendations shall be based upon the Citizen's Advisory Committee Action Plan duly adopted after public comment and one or more public hearings.

(b) The Advisory Committee may:

(1) Contract for studies and prepare reports on existing or potential problems within the basin. In contracting for studies the Advisory Committee shall follow public bidding procedures as prescribed for Executive Branch agencies by the Secretary of Administration.

(2) Apply for grants or other funding sources to finance or assist in effectuating the purposes of this chapter. The Advisory Committee may accept grants or funds only pursuant to the provisions of 32 V.S.A. § 5.

(3) With the Secretary's approval, present information and make recommendations to federal, state, and local legislatures regarding the coordinated management of the lake and for the purpose of helping the legislatures to make sound decisions regarding management of the lake.

(4) Offer to act as a forum for discussion and mediation of lake-related conflicts.

(5) Work cooperatively with governmental and other groups having jurisdiction over or interested in the management and quality of Lake Champlain.
10 V.S.A. § 556 — VT Code / Title 10 / Chapter 23 / Section 556
§ 556. Permits for the construction or modification of air contaminant sources
Status: repealed

(a) No person shall construct or install any air contaminant source classified within a class or category identified by rule of the Secretary as being subject to permitting requirements under this section without first submitting a complete application to and obtaining a permit from the Secretary pursuant to this section. A complete application shall contain such plans, specifications and other information as the Secretary deems necessary in order to determine whether the proposed construction or installation will be in compliance with the provisions of this chapter and with the rules adopted under this chapter. Each applicant shall pay an application fee as required by 3 V.S.A. § 2822.

(b) The Secretary may require an applicant to submit any additional information that the Secretary considers necessary to make the completeness determination required in subsection (a) of this section and shall not grant a permit until the information is furnished and evaluated. When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(c) If the Secretary determines that the proposed construction or installation of an air contaminant source will be in compliance with all requirements of this chapter and the rules adopted under this chapter, the Secretary shall issue a permit containing such terms and conditions as may be necessary to carry out the purposes of this chapter. If the Secretary determines that the proposed construction or installation of an air contaminant source will not be in compliance with all requirements of this chapter and the rules adopted under this chapter, the Secretary shall deny the permit, shall notify the applicant in writing, and shall state in that document the reasons for the permit denial.

(d) The Secretary may suspend, terminate, modify, or revoke for cause and may reissue any permit issued under this section.

(e) The Secretary may issue an operating permit required under section 556a of this title in conjunction with or as a part of a permit to construct or install, issued under this section, provided that there is compliance with all applicable requirements of both sections.

(f) For the purposes of this chapter, the addition to or enlargement or replacement of an air contaminant source, or any major alteration therein, shall be construed as the construction or installation of a new air contaminant source.

(g) All facilities or parts thereof identified in the plans, specifications or other information submitted pursuant to subsection (a) of this section shall be maintained in good working order.

(h) The absence or failure to issue a permit pursuant to this section shall not relieve any person from compliance with any emission control requirements or with any other provision of law.

(i) Notwithstanding any provisions of this section, section 5-503 of the air pollution control regulations, as adopted through April 27, 2007 (indirect source permits) is hereby repealed.
10 V.S.A. § 804 — VT Code / Title 10 / Chapter 33 / Section 804
§ 804. Board of directors; organization; pay
Status: in_force

The board of directors shall elect a chair from among its members and may from time to time change the designation. A majority of the board shall constitute a quorum. A board member shall be entitled to receive compensation for services at a rate not to exceed the per diem rate as defined by 32 V.S.A. § 1010(b). A board member shall also be entitled to expenses including traveling expenses. The per diem and expenses shall be subject to review and control of the Council. The board may call upon the Attorney General of the State for such legal services as it may require.
10 V.S.A. § 926 — VT Code / Title 10 / Chapter 37 / Section 926
§ 926. Water Quality Enhancement Grant Program
Status: in_force

The Secretary shall administer a Water Quality Enhancement Grant Program. This program shall be a competitive grant program to fund projects that protect high quality waters, maintain or improve water quality in all waters, restore degraded or stressed waters, create resilient watersheds and communities, and support the public's use and enjoyment of the State's waters. When making awards under this program, the Secretary shall consider the geographic distribution of these funds. Not more than 15 percent of the total grant amount awarded shall be used for administrative costs.
10 V.S.A. § 4904 — VT Code / Title 10 / Chapter 113 / Section 4904
§ 4904. Use of light, snares, traps
Status: in_force

A person shall not take a bird with the aid of a jack or other light. A person shall not take a wild bird by trapping, netting, or snaring, or possess such a bird so taken, or set, place, or use, where birds may be taken, a net, trap, or snare for taking birds. Such a net, trap, or snare is hereby declared to be a public nuisance and may be summarily abated and destroyed by any person, and game wardens shall seize and destroy such devices. The Commissioner, however, may authorize the taking of birds by nets or traps or other devices under such regulations as he or she may prescribe.
10 V.S.A. § 1675 — VT Code / Title 10 / Chapter 56 / Section 1675
§ 1675. Permits; conditions; duration; suspension of revocation
Status: repealed

(a) Authority to issue, renew, or deny permit. The Secretary may issue, renew, or deny a public water system permit required by this chapter. As part of this authority, the Secretary may issue general operating permits for the operation of transient noncommunity water systems.

(b) Avoidance of public health hazard or risk. A public water system permit shall be issued or renewed only upon a finding by the Secretary, included in the permit, that operation of the system will comply with the standards adopted under this chapter and will not constitute a public health hazard or a significant public health risk.

(1) In making this finding for the issuance of a permit for a new public water source, the Secretary shall consider the probable effects of existing and likely future land use practices, including the effects of the uses of agricultural lands, that may affect the quantity or quality of the water associated with any proposed public water source, and whether such practices are likely to constitute a public health hazard relating to such source. The Secretary shall not issue a permit for a new public water source if he or she determines that such existing or likely future land use practices are likely to constitute such a public health hazard.

(2) In making this finding for the issuance of a permit for the addition of a new type of disinfectant, the Secretary shall, after consultation with the Department of Health, consider the likely effects on health from the use of the new type of disinfectant. The Secretary shall not issue a permit for a new or existing public water system if he or she determines that use of a new type of disinfectant will result in a health effect that is likely to constitute a public health hazard.

(c) Permit process; additional information. When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title. The Secretary may require the applicant to submit additional information that the Secretary considers necessary in order to support the findings required in subsection (b) of this section, and may refuse to grant a permit until the information is furnished and evaluated. The Secretary may also consult with the Commissioner of Health, as necessary, in making decisions regarding health issues raised by the application. The Commissioner's response, if any, shall be part of the public record for the application.

(d) Permit conditions. Public water system permits issued under this chapter may include conditions that:

(1) require the construction, installation, operation, and maintenance of any purification, disinfection, or other water processing or treatment facility in accordance with standards and requirements established by the Secretary;

(2) require the person owning or controlling the system to adequately control and protect the public water source and source protection area;

(3) require that construction be in accordance with the Vermont standards for water system design and construction;

(4) require notification of the characteristics of the water provided by the system to the public by notice conforming with the requirements of the Federal Safe Drinking Water Act;

(5) limit the number of connections to the system;

(6) limit maximum and daily output of the system;

(7) require the development and submission to the Secretary of a long-range plan for expansion, capital improvements, and future service area;

(8) require the development, submission to the Secretary, and implementation of a water conservation plan in accordance with the policy established in section 1684 of this title;

(9) require the development and submission to the Secretary of a system-level business plan and comprehensive water supply plan to ensure system capacity in the long-term; and

(10) contain any additional conditions, requirements, schedules, or restrictions, or monitoring or testing programs that are deemed necessary to ensure compliance with this chapter and the rules adopted under this chapter.

(e) [Repealed.]

(f) Suspension or revocation of permits.

(1) The Secretary may, after notice and opportunity for hearing, revoke or suspend any permit issued pursuant to the authority under this title if the Secretary finds that:

(A) the permit holder submitted materially false or inaccurate information;

(B) the permit holder has violated any material requirement, restriction, or condition of this chapter; any rule adopted pursuant to this chapter; any permit or certification issued pursuant to this chapter; or any assurance of discontinuance or order relating to the provisions of this chapter or the rules adopted pursuant to this chapter; or

(C) there is a change in any condition that requires either a temporary or permanent restriction, limitation, or elimination of the permitted use.

(2) Revocation shall be effective upon actual notice thereof to the permit holder or permit holder's designated agent.

(g) Source permits; bottled drinking water. Beginning on July 1, 2010, the Secretary shall not issue a source permit for a bottled drinking water supply unless, in addition to all other requirements for a source permit:

(1) the permit application contains the information required by subdivisions 1418(d)(4)-(7) of this title;

(2) the Secretary finds that considerations in subdivisions 1418(e)(1)-(3) and (6)-(8) of this title have been satisfied;

(3) the permit contains the permit conditions required by subsection (f) of this section; and

(4) the permit applicant complies with the notice requirements of subsection 1418(c) of this title.

(h) Renewal of operating permit; bottled drinking water. A public water system permitted after June 9, 2008 that bottles drinking water for public distribution and sale shall obtain from the Secretary a source water permit under subsection 1672(g) of this title upon renewal of its operating permit under this section and every 10 years thereafter.

(i) Operating permit; noncompliance. Notwithstanding the requirements of this subsection, the Secretary may issue an operating permit for an existing public water system that is unable to comply with the standards adopted under this chapter provided that:

(1) the operating permit contains a compliance schedule that is designed to achieve compliance with the applicable standards within a reasonable period of time based on the nature and extent of the applicable standards at issue;

(2) the Secretary finds that the continued operation of the public water system pursuant to the compliance schedule and associated permit conditions shall not present an unacceptable risk to public health; and

(3) the person who owns the public water system shall be responsible for informing all persons using the system of the nature and extent of the noncompliance with the applicable standards.
10APPENDIX V.S.A. § 107 — VT Code / Title 10APPENDIX / Chapter 2 / Section 107
App. § 107. Handheld Spear, Speargun, Crossbow, and Bow and Arrow
Status: in_force

(a) A person holding a hunting or combination license may take fish by handheld spear or speargun in accordance with 10 V.S.A. Appendix § 122. Section 122 sets forth the list of species that may be taken, the season, and the waters where the fish species may be taken. A Handheld Spear (including “spearing” in Title 10 § 4606(e)) is a manually powered spear used from above the water's surface. A Speargun is a pneumatic or rubber band powered device with a line not to exceed 20 feet attached to a spear, used from below the water's surface. Spearguns shall be loaded and discharged only beneath the surface of the water and shall be used while snorkeling/freediving only. Spearing while SCUBA diving is not permitted.

(b) A person who holds a fishing or combination license may take fish species allowed under § 122 by bow or crossbow with line attached to arrow during the season provided and in waters designated by § 122 of these regulations.

(c) A person who takes a fish by handheld spear, speargun, bow or crossbow with line attached to arrow, in accordance with § 122, shall keep the fish in his or her possession until the fish is permanently removed from waters of the state and used or disposed of properly.
10 V.S.A. § 6109 — VT Code / Title 10 / Chapter 151 / Section 6109
§ 6109. Unspent fee amounts; refunds
Status: in_force

Within 15 years from the date of payment, a fee assessed under this subchapter shall be spent on the capital transportation project or projects in the appropriate TID or on the appropriate capital transportation project for which the fee was paid. If the Agency or municipality to which the fee was paid does not spend all or portion of the fee collected on the appropriate capital transportation project or projects, the applicant or its successors may apply to the Agency or municipality for a refund of the proportionate share of that fee within one year of the date on which the applicant's right to claim the refund accrued.
10 V.S.A. § 1274 — VT Code / Title 10 / Chapter 47 / Section 1274
§ 1274. Enforcement
Status: in_force

(a) Notwithstanding any other provision or procedure set forth in this chapter, if the Secretary finds that any person has discharged or is discharging any waste or damaging the ecological functions of wetlands in violation of this chapter or chapter 37 of this title, or that any person has failed to comply with 2024 any provisions of any order or permit issued in accordance with this chapter or chapter 37 of this title, the Secretary may bring suit in the Superior Court in any county where the discharge, damage to wetlands, or noncompliance has occurred to enjoin the discharge, obtain compliance, and mandate restoration of damaged wetlands. The suit shall be brought by the Attorney General in the name of the State. The court may issue a temporary injunction or order in any such proceedings and may exercise all the plenary powers available to it in addition to the power to:

(1) Enjoin future discharges.

(2) Order the design, construction, installation, or operation of pollution abatement facilities or alternate waste disposal systems.

(3) Order the restoration of damaged wetlands. Wetlands damaged in violation of chapter 37 of this title may be ordered restored, enhanced, or created.

(4) Order the removal of all wastes discharged and the restoration of water quality.

(5) Fix and order compensation for any public property destroyed, damaged, or injured or any aquatic or terrestrial biota harmed or destroyed. Compensation for fish taken or destroyed shall be deposited into the Fish and Wildlife Fund.

(6) Assess and award punitive damages.

(7) Levy civil penalties not to exceed $10,000.00 a day for each day of violation.

(8) Order reimbursement to any agency of federal, State, or local government from any person whose discharge caused governmental expenditures.

(b) The Secretary, by rule, shall define those violations that are significant, based upon the magnitude, duration, consequences, and causes of the violation. When a significant violation occurs, the Secretary may initiate proceedings to compel compliance by and seek penalties from the violator. A court, upon finding that such a violation has occurred, shall order compliance and retain jurisdiction to assure that compliance schedules are met. The court also shall impose penalties. Action under this section shall not restrict the Secretary's authority to proceed under section 1267 of this title.
10 V.S.A. § 685 — VT Code / Title 10 / Chapter 29 / Section 685
§ 685. The Vermont Community Development Board
Status: in_force

(a) There is created within the Agency of Commerce and Community Development the Vermont Community Development Board consisting of nine members who shall be residents of the State.

(b)(1) The members shall be appointed by the Governor for a term of three years, or for the unexpired portion thereof. For the initial appointments, the Governor shall appoint three for one year, three for two years, and three for three years.

(2) In the appointment of the members, consideration shall be given to the selection of such persons as shall adequately represent the interests of various sections of the State and the principal beneficiaries of the program.

(c) The Chair shall be appointed annually by the Governor from among the members.

(d) Members of the Board shall be entitled to receive per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010, which shall be paid by the Agency.

(e) No person who receives a significant portion of his or her income directly or indirectly from the community development activities governed by this subchapter shall be a member of the Board.

(f) The Agency shall provide staff assistance and administrative support to the Board.

(g) Prior to January 15 of each year, the Board shall submit a report of its activities and grants for the preceding year to the Governor and General Assembly.
10 V.S.A. § 1390 — VT Code / Title 10 / Chapter 48 / Section 1390
§ 1390. Policy
Status: in_force

The General Assembly hereby finds and declares that:

(1) The State should adhere to the policy for management of groundwater of the State as set forth in section 1410 of this title.

(2) In recognition that the groundwater of Vermont is a precious, finite, and invaluable resource upon which there is an ever-increasing demand for present, new, and competing uses; and in further recognition that an adequate supply of groundwater for domestic, farming, dairy processing, and industrial uses is essential to the health, safety, and welfare of the people of Vermont, the withdrawal of groundwater of the State should be regulated in a manner that benefits the people of the State; is compatible with long-range water resource planning, proper management, and use of the water resources of Vermont; and is consistent with Vermont's policy of managing groundwater as a public resource for the benefit of all Vermonters.

(3) It is the policy of the State that the State shall protect its groundwater resources to maintain high-quality drinking water.

(4) It is the policy of the State that the groundwater resources of the State shall be managed to minimize the risks of groundwater quality deterioration by regulating human activities that present risks to the use of groundwater in the vicinities of such activities while balancing the State's groundwater policy with the need to maintain and promote a healthy and prosperous agricultural community.

(5) It is the policy of the State that the groundwater resources of the State are held in trust for the public. The State shall manage its groundwater resources in accordance with the policy of this section, the requirements of subchapter 6 of this chapter, and section 1392 of this title for the benefit of citizens who hold and share rights in such waters. The designation of the groundwater resources of the State as a public trust resource shall not be construed to allow a new right of legal action by a person other than the State of Vermont, except to remedy injury to a particularized interest related to water quantity protected under this subchapter.
10 V.S.A. § 374g — VT Code / Title 10 / Chapter 16A / Section 374g
§ 374g. Construction
Status: in_force

The provisions of section 218 of this title shall apply to this chapter. Information concerning loan applicants or recipients shall be kept confidential.
10 V.S.A. § 8222 — VT Code / Title 10 / Chapter 211 / Section 8222
§ 8222. Accrual of environmental contamination claims
Status: in_force

(a) A common-law or statutory claim based on environmental contamination shall accrue so long as the contamination remains on or in an affected property or natural resource.

(b) As used in this section:

(1) “Environmental contamination” means any hazardous material or hazardous waste as defined in 10 V.S.A. § 6602, or other substance or material that has the potential to adversely affect human health or the environment (A) on or in an affected property, including in buildings or other structures, or (B) on or in a natural resource.

(2) “Natural resource” has the same meaning as in 10 V.S.A. § 6615d(a)(8).

(c) Nothing in this section shall shorten or otherwise limit any later accrual date that may apply under other source of law.

(d)(1) Except as otherwise provided in this subsection, and notwithstanding 1 V.S.A. §§ 213 and 214, or any other provision of law, this section shall apply to:

(A) any action or proceeding commenced on or after effective date of this act; and

(B) any action or proceeding that is pending on effective date of this act.

(2) This section shall not revive claims subject to a final, nonappealable judgment rendered prior to effective date of this act.

(3) This section shall not apply to a criminal claim whose limitations period expired prior to effective date of this act.
10 V.S.A. § 5102 — VT Code / Title 10 / Chapter 117 / Section 5102
§ 5102. Common carrier
Status: in_force

A person while engaged in the business of a common carrier shall not transport as owner fish or game, or receive for transportation or transport fish or game protected by law unless accompanied by the owner thereof and tagged or marked as provided by law, except as otherwise provided.
10 V.S.A. § 1282 — VT Code / Title 10 / Chapter 47 / Section 1282
§ 1282. Contingency plans; adoption
Status: in_force

(a) The Secretary shall develop and implement a statewide contingency plan that shall provide for the coordination of the activities of State agencies and municipalities for the purpose of controlling, undertaking cleanup operations, or otherwise mitigating the effects of a spillage of oil or other hazardous materials that is likely to reach the waters of the State either directly or indirectly.

(b) The plan developed in accordance with this section shall be submitted to and approved by the Governor prior to becoming effective.
10 V.S.A. § 6247 — VT Code / Title 10 / Chapter 153 / Section 6247
§ 6247. Retaliatory conduct prohibited
Status: in_force

(a) A park owner may not retaliate by any of the following:

(1) establishing or changing terms of a rental agreement;

(2) bringing or threatening to bring an action against a resident who has done any of the following:

(A) complained in writing to a governmental agency charged with responsibility for enforcement of a building, housing, or health regulation of a violation applicable to the premises materially affecting health and safety;

(B) complained in writing to the park owner of a violation of this chapter;

(C) organized or become a member of a resident's association or similar organization.

(b) If the park owner acts in violation of this section, the resident is entitled to recover damages and reasonable attorney's fees and has a defense in any retaliatory action for possession.
10 V.S.A. § 4195 — VT Code / Title 10 / Chapter 103 / Section 4195
§ 4195. Power as to forest fires; payment
Status: in_force

(a) While in and about the woods, the game wardens shall caution persons as to the danger of fires and shall extinguish a fire left burning. When a fire is threatening to extend beyond his or her control, the game warden shall notify all parties interested and the forest fire warden of the town in which such fire occurs. Until the arrival of such fire warden, he or she shall have all the powers of such fire warden.

(b) Such game wardens shall render a statement accompanied by proper vouchers for expense incurred in respect to such fire to the treasurer of the town in which the fire occurred and such town shall make payment therefor in the manner provided for the payment of forest fire wardens.
10 V.S.A. § 4513 — VT Code / Title 10 / Chapter 109 / Section 4513
§ 4513. Unlawful devices for taking fish or wild animals; confiscation; sale
Status: in_force

Fish, wild animals, and illegal devices for taking fish or wild animals found in the possession of a person in violation of a provision of this part, shall be seized and confiscated in the name of the State and the Commissioner may sell or otherwise dispose of the same as he or she deems for the best interests of the State and for that purpose may order the transportation of the same at any time.
10 V.S.A. § 220 — VT Code / Title 10 / Chapter 12 / Section 220
§ 220. Transfer from Indemnification Fund
Status: in_force

The State Treasurer shall transfer from the Indemnification Fund created in former section 222a of this title to the Authority all current and future amounts deposited to that Fund.
10 V.S.A. § 4049a — VT Code / Title 10 / Chapter 103 / Section 4049a
§ 4049a. Green Mountain Conservation Camp Endowment Fund
Status: in_force

(a) There is established in the Agency of Natural Resources a fund to be known as the Green Mountain Conservation Camp Endowment Fund, to be managed by the Secretary and from which expenditures may be made by the Commissioner of Fish and Wildlife, after consultation with the Green Mountain Conservation Camp Fund Committee, for the purpose of supporting the maintenance of and enhancements to the Green Mountain Conservation Camps in Castleton and Woodbury and for the Camps' ongoing expenses such as the purchase of recreation equipment. There shall be deposited into the Fund monies received by the Agency and designated for this purpose, including appropriations of the General Assembly, grants, and donations.

(b) Interest from the Fund shall be credited annually to the Fund, and the amount in the account shall carry forward from year to year.
10 V.S.A. § 626 — VT Code / Title 10 / Chapter 25 / Section 626
§ 626. Rules; insulation of structures
Status: in_force

(a) The Agency may adopt rules, but they shall be under 3 V.S.A. chapter 25, providing standards for the insulation, design, and equipping of buildings to minimize, insofar as is practicable and economical, the transfer of heat or cold between the interior and exterior of the building. The rules shall:

(1) be consistent with standard practices and techniques in the construction industry; and

(2) be, insofar as is practicable, consistent with nationally recognized building codes and regulations adopted under the authority of Congress; and

(3) not require the installation of devices, equipment, or materials that would substantially alter the basic architecture of an existing building.

(b) The Agency shall publish a manual that shall be made available, at cost, to any person upon his or her request. The manual shall show by diagram and otherwise various acceptable methods, materials, and devices that may be used by the owners of buildings and others to comply with the standards adopted by rule under subsection (a) of this section.
10 V.S.A. § 1977 — VT Code / Title 10 / Chapter 64 / Section 1977
§ 1977. Appeals
Status: in_force

Appeals of any act or decision of the Department under this subchapter shall be made in accordance with chapter 220 of this title.
10 V.S.A. § 506 — VT Code / Title 10 / Chapter 21 / Section 506
§ 506. Newspaper or other vending machines; delivery tubes
Status: in_force

(a) Newspaper or other vending machines may be allowed within the highway right-of-way subject to the requirements of 19 V.S.A. § 1111.

(b) The copy permitted on newspaper delivery tubes shall be limited to identification markings that do not occupy a space of more than six square inches.
10 V.S.A. § 247 — VT Code / Title 10 / Chapter 12 / Section 247
§ 247. Obligations of the municipality
Status: in_force

No financing or security document, bond, or other instrument issued or entered into under this subchapter shall in any way obligate a municipality to use its taxing power for any purpose in relation to an eligible facility financed under this subchapter. No municipality may pay or promise to pay any debt or meet any financial obligation to any person at any time in relation to an eligible facility financed under this subchapter, except from monies received or to be received under the provisions of a financing or security document entered into under this subchapter or except as may be required by other provisions of law. Bonds issued under the subchapter shall not be deemed indebtedness of the municipality for the purposes of any debt limit.
10 V.S.A. § 8505 — VT Code / Title 10 / Chapter 220 / Section 8505
§ 8505. Appeals to the Supreme Court
Status: in_force

(a) Any person aggrieved by a decision of the Environmental Division pursuant to this subchapter, any party by right, or the Board may appeal to the Supreme Court within 30 days of the date of the entry of the order or judgment appealed from, provided that:

(1) the person was a party to the proceeding before the Environmental Division; or

(2) the decision being appealed is the denial of party status; or

(3) the Supreme Court determines that:

(A) there was a procedural defect that prevented the person from participating in the proceeding; or

(B) some other condition exists that would result in manifest injustice if the person's right to appeal were disallowed.

(b) An objection that has not been raised before the Environmental Division may not be considered by the Supreme Court, unless the failure or neglect to raise that objection is excused by the Supreme Court because of extraordinary circumstances.

(c) Only the Attorney General may represent the State in all appeals under this section.
10 V.S.A. § 5201 — VT Code / Title 10 / Chapter 119 / Section 5201
§ 5201. Notices; posting
Status: in_force

(a)(1) An owner, or a person having the exclusive right to take game upon land or the waters thereon, who desires to protect his or her land or private pond or propagation farm over which he or she has exclusive control may maintain notices stating that:

(A) the shooting, trapping, or taking of game or wild animals is prohibited or is by permission only;

(B) fishing or the taking of fish is prohibited or is by permission only;

(C) fishing, hunting, trapping, or taking of game is prohibited or is by permission only.

(2) “Permission only signs” authorized under this section shall contain the owner's name and a method by which to contact the property owner or a person authorized to provide permission to hunt, fish, or trap on the property.

(b) Notices prohibiting the taking of game shall be erected upon or near the boundaries of lands to be affected with notices at each corner and not over 400 feet apart along the boundaries thereof. Legible signs must be maintained at all times and shall be dated each year. These signs shall be of a standard size and design as the Commissioner shall specify.

(c) The owner or person posting the lands shall record this posting annually in the town clerk's office of the town in which the land is located. The recording form shall be furnished by the Commissioner and shall be filled out in triplicate, one copy to be retained by the town clerk, one copy to the Commissioner, and one copy to be retained by the person having the right to post the lands. The forms shall contain the information as to the approximate number of acres posted, location in town, date of posting, and signature of person so posting the lands. The town clerk shall file the record, and it shall be open to public inspection. The town clerk shall retain a fee of $5.00 for this recording.

(d) Land posted as provided in subsection (b) of this section shall be enclosed land for the purposes herein.
10 V.S.A. § 1333 — VT Code / Title 10 / Chapter 47 / Section 1333
§ 1333. Creation of Commission-Article II
Status: in_force

There is hereby created the New England Interstate Water Pollution Control Commission (hereinafter referred to as the Commission) which shall be a body corporate and politic, having the powers, duties and jurisdiction herein enumerated and such other and additional powers as shall be conferred upon it by the act or acts of a signatory state concurred in by the others.
10 V.S.A. § 4502 — VT Code / Title 10 / Chapter 109 / Section 4502
§ 4502. Uniform point system; revocation of license
Status: repealed

(a) A uniform point system that assigns points to those convicted of a violation of a provision of this part is established. The conviction report from the court shall be prima facie evidence of the points assessed. In addition to other penalties assessed for violation of fish and wildlife statutes, the Commissioner shall suspend licenses issued under this part that are held by a person who has accumulated 10 or more points in accordance with the provisions of subsection (c) of this section.

(b) A person violating provisions of this part shall receive points for convictions in accordance with the following schedule (all sections are in this title of the Vermont Statutes Annotated):

(1) Except for biological collection violations determined to be nonpoint violations under the rules of the Board, five points shall be assessed for any violation of statutes or rules adopted under this part except those listed in subdivisions (2) and (3) of this subsection.

(2) Ten points shall be assessed for:

(A) § 4148. Trespass on State property

(B) § 4270. Fur buyer's records

(C) § 4517. Destruction of State property

(D) § 4605. Placing fish in waters

(E) § 4607. Obstructing streams

(F) § 4611. Sale of gamefish

(G) § 4704. Use of machine guns, autoloading rifles, and gun suppressors

(H) § 4705. Shooting from motor vehicles or aircraft

(I) [Repealed.]

(J) § 4707. Traps: notice

(K) § 4708. Interference with hunting, fishing, or trapping

(L) § 4709. Importation, stocking of wild animals

(M) § 4710. Safety zone

(N) § 4748. Dogs pursuing deer or moose

(O) [Repealed.]

(P) § 4864. Transporting beaver skins

(Q) § 5101. Fish and wildlife; restrictions on transportation

(R) § 5204. Poaching; private preserves

(S) § 5205. Injuring notice of posted land

(T) § 5209. Special penalty; breeders

(U) § 5211. Poaching; propagation farms

(V) § 5213. Mansfield State Forest; game refuge

(W) § 5220. Birds released

(X) § 5226. Bomoseen State Game Refuge

(Y) Appendix § 2. Reporting of big game

(Z) Appendix § 2a. Big game tags

(AA) Appendix § 3. Rabbit, squirrel; sale

(BB) [Repealed.]

(CC) [Repealed.]

(DD) Appendix § 23(d)(1), (3)-(9). Waterfowl hunting methods

(EE) Appendix § 23(h). Waterfowl, wanton waste

(FF) [Repealed.]

(GG) Appendix § 44. Trapping, except for violations of Appendix § 44, sections 4.3, 4.4, 4.6, 4.9, 4.10, 4.11, 4.12, 4.14(c), and 4.14(e)

(HH) § 4827. Taking black bear doing damage

(II) Appendix § 37, section 10. Novice season

(JJ) § 4742a. Youth deer hunting weekend. The points shall be assessed solely against the adult who is accompanying the youth hunter.

(KK) § 4908. Youth turkey hunting weekend. The points assessed against the adult accompanying the youth hunter.

(LL) § 4256. Mentored hunting license. The points shall be assessed against the licensed adult who is accompanying the individual holding the mentored hunting license.

(MM) § 4827a. Feeding a black bear

(NN) § 4826. Taking deer doing damage

(OO) § 22a. Taking turkey doing damage

(PP) § 35. Taking moose doing damage

(QQ) [Repealed.]

(RR) [Repealed.]

(SS) Appendix § 37, section 9.0. Feeding deer

(TT) § 4716. Participating in a coyote-hunting competition.

(3) Twenty points shall be assessed for:

(A) [Repealed.]

(B) § 4278. Falconry license

(C) [Repealed.]

(D) § 4606. Taking fish by unlawful means, except for violations of subsection 4606(g) of this title

(E) § 4702. Use of light (firearm or bow involved)

(F) § 4703. Use of set guns

(G) [Repealed.]

(H) [Repealed.]

(I) § 4745. Taking big game out of season prohibited

(J) § 4747. Taking big game by illegal means

(K) § 4781. Big game possession

(L) § 4783. Purchase and sale of big game

(M) § 4784. Transportation of big game

(N) § 5403. Taking, possession, or transport of endangered or threatened species

(O) Appendix § 7, sections 4.2, 5.3, 6.1, 6.2, 6.3(b), 6.3(d), 6.3(e), 7.1, 7.2, 7.3, and 7.4. Bear, unauthorized taking

(P) Appendix § 22. Turkey season, excluding: requirements for youth turkey hunting season; and size of shot used or possessed

(Q) [Repealed.]

(R) Appendix § 31 (d), (e), and (f). Seasons, bag limits for caribou, elk, and moose

(S) Appendix § 116. Atlantic salmon in the Connecticut River

(T) § 4521. Failure to stop

(U) Appendix § 37. Deer management rule, excluding requirements for youth deer hunting weekend; requirements for novice season; limitations on feeding of deer; reporting big game; and section 11.0, ban of urine and other natural lures

(V) § 4454. Interstate Wildlife Violator Compact

(W) [Repealed.]

(X) [Repealed.]

(Y) Appendix § 20. Aerial hunting

(Z) Appendix § 44. Use of tooth jawed traps

(AA) Appendix § 44. Taking furbearers with poison

(BB) Appendix § 44. Taking furbearers from a den

(CC) § 4716. Holding or conducting a coyote-hunting competition

(DD) § 4706. Snaring animals

(4) In addition to other points assessed under this subsection, a person shall be assessed one point for each fish, bird, animal, or pelt possessed, taken, transported, bought, or sold in excess of the limits established in statutes or rules adopted under this part.

(c) Licenses shall be suspended as follows:

(1) For 10 to 14 points accumulated in five years—a one-year suspension.

(2) For 15 to 19 points accumulated in five years—a two-year suspension.

(3) For 20 or more points accumulated in five years—a three-year suspension.

(d) The Commissioner shall establish a centralized registry of licensees and shall track all convictions and the point accumulations, if any, against licensees. The Commissioner shall provide adequate notice to licensees of their point accumulations, and suspensions, if any.

(e) When a person holding a license issued under this part has been convicted of a violation of 13 V.S.A. § 1023(a)(2) or has been convicted of manslaughter by the careless and negligent use of firearms, the Commissioner shall revoke the person's hunting license, 20 points shall accumulate on the person's license, and another license shall not be issued to the person within five years from the date of the revocation or within five years from the date of the conviction if the person had no license. The court before which such person is convicted shall certify the conviction to the Commissioner. A revocation shall be deemed effective when notice is given, when made in person, or three days after the deposit of the notice in the U.S. mail, if made in writing.

(f) The Commissioner shall not reinstate a license suspended pursuant to subdivisions (c)(2) and (3) of this section until the licensee has successfully completed a remedial course designed to teach hunters, trappers, and anglers correct legal and ethical behavior while hunting, trapping, and fishing in Vermont. The remedial course shall be approved by the Commissioner and conducted by the Department. The fee for the remedial course shall be $100.00. Funds collected for the course shall be deposited in the Fish and Wildlife Fund.
10 V.S.A. § 736 — VT Code / Title 10 / Chapter 31 / Section 736
§ 736. Division and combination of districts and unions - Generally
Status: in_force

Any district or union organized under the provisions of this chapter may be divided and the divided portions may become separate districts or unions or may be combined with one or more districts or unions as hereinafter provided. When the State Council deems it advisable to divide a district or union, the divided portions to become one or more separate districts or unions, or to be combined with one or more existing districts or unions, it shall first determine whether such divisions, or divisions and combinations, are administratively practicable and feasible. In making such determination, the State Council may hold hearings, conduct referenda, or use any other means that it deems adequate to assist it. However, no such determination may be made until after the district or union governing bodies of all districts or unions concerned have approved by resolution the proposed divisions, or divisions and combinations. When the State Council has determined such moves to be practicable and feasible, it shall by resolution declare the proposed divisions, or divisions and combinations, to be in effect.
10 V.S.A. § 1269 — VT Code / Title 10 / Chapter 47 / Section 1269
§ 1269. Appeals
Status: in_force

Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title.
10 V.S.A. § 4152 — VT Code / Title 10 / Chapter 103 / Section 4152
§ 4152. Permits for scientific and educational collections
Status: in_force

(a) The Commissioner may issue permits to a properly accredited person or educational institution permitting the holder thereof to collect birds, their nests and eggs, and fish and wild animals or parts thereof, for public scientific research or educational purposes of the institution.

(b) The Commissioner may issue a permit to an individual that allows the holder to collect fish and wild animals for the purpose of using them as subjects of art or photography.

(c) The Commissioner may issue a permit to a person that allows the holder to collect and possess a dead salvage bird or bird feathers for noncommercial cultural or ceremonial purposes, provided that the bird was legally acquired, transferred from an individual who acquired it legally, or found dead, and the permittee had no part in the intentional killing of the bird. A permit issued under this section shall comply with federal requirements regarding collection and possession of migratory birds.
10 V.S.A. § 4614 — VT Code / Title 10 / Chapter 111 / Section 4614
§ 4614. Largest fish; roster
Status: in_force

(a) The Commissioner may maintain a roster of names of people who have caught the largest of each species of Vermont fish. The roster may include the size and weight of the fish, date and place caught, and any other relevant information.

(b) No fish that was confined to an enclosed area by a person prior to that person or any other person catching the fish may be listed on the roster of largest fish. This subsection shall not apply to fish stocked under government authority.
10 V.S.A. § 727 — VT Code / Title 10 / Chapter 31 / Section 727
§ 727. Conduct of referendum
Status: in_force

The supervisors shall prescribe appropriate rules governing the conduct of the referendum, and shall publish and record the result of the ballot. All owners of lands within the district shall be eligible to vote in such referendum.