10 V.S.A. § 635 — VT Code / Title 10 / Chapter 25 / Section 635
§ 635. Remedies of bondholders and noteholders
Status: in_force

(a) In the event that the Agency defaults in the payment of principal or of interest on any bonds or notes issued under this chapter after they become due, whether at maturity or upon call for redemption, and the default continues for a period of 30 days, or in the event that the Agency fails or refuses to comply with the provisions of this chapter, or defaults in any agreement made with the holders of an issue of bonds or notes of the Agency, the holders of 25 percent in aggregate principal amount of the bonds or notes of such issue then outstanding, by instrument or instruments filed in the Office of the Secretary of State and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such bonds or notes for the purposes herein provided.

(b) Such trustee may, and upon written request of the holders of 25 percent in principal amount of such bonds or notes then outstanding shall, in his or her or its own name:

(1) enforce all rights of the bondholders or noteholders, including the right to require the Agency to collect interest and amortization payments on the mortgages or other obligations held by it adequate to carry out any agreement as to, or pledge of, the interest and amortization payments, and to require the Agency to carry out any other agreements with the holders of such bonds or notes and to perform its duties under this chapter;

(2) enforce all rights of the bondholders or noteholders, including the right to collect and enforce the payment of principal of and interest due or becoming due on loans to mortgage lenders and collect and enforce any collateral securing the loans or sell the collateral, so as to carry out any contract as to, or pledge of revenues, and to require the Agency to carry out and perform the terms of any contract with the holders of such bonds or notes or its duties under this chapter;

(3) bring suit upon all or any part of such bonds or notes;

(4) by action or suit, require the Agency to account as if it were the trustee of an express trust for the holders of such bonds or notes;

(5) by action or suit, enjoin any acts or things that may be unlawful or in violation of the rights of the holders of such bonds or notes;

(6) declare all such bonds or notes due and payable, and, if all defaults shall be made good, then with the consent of the holders of 25 percent of the principal amount of such bonds or notes then outstanding to annul the declaration and its consequences.

(c) The trustee shall in addition to the foregoing have and possess all the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.

(d) Before declaring the principal of bonds or notes due and payable, the trustee shall first give 30 days' notice in writing to the Governor, to the Agency and to the Attorney General of the State.

(e) The Superior Courts or courts with equity jurisdiction shall have jurisdiction of any suit, action, or proceeding by the trustee on behalf of bondholders or noteholders.
10 V.S.A. § 6263 — VT Code / Title 10 / Chapter 153 / Section 6263
§ 6263. Habitability; leaseholder remedies
Status: in_force

(a)(1) If the mobile home park owner fails to comply with the obligation of habitability, the park owner shall be deemed to have notice of the noncompliance if the park owner receives actual notice of the noncompliance from the leaseholder, a governmental entity, or a qualified independent inspector.

(2) If the park owner has received notice from any of those sources and fails to make repairs within a reasonable time and the noncompliance materially affects health and safety, the leaseholder may pursue any of the following remedies:

(A) withhold payment of lot rent during the period of the noncompliance;

(B) obtain injunctive relief;

(C) recover damages, costs, and reasonable attorney's fees; or

(D) terminate the rental agreement on reasonable notice.

(b)(1) For purposes of subdivision (a)(2) of this section, a mobile home park owner's failure to maintain the roads within a mobile home park in a condition that reasonably ensures access by emergency vehicles shall be deemed noncompliance that materially affects health and safety.

(2) This subsection does not require a mobile home park owner to create a new road or other improvement, or to modify an existing road or other improvement, within an existing mobile home park.

(c) The remedies under this section are not available to a leaseholder if the noncompliance was caused by the negligent or deliberate act or omission of the leaseholder or of a person on the premises with the leaseholder's consent.
10 V.S.A. § 280x — VT Code / Title 10 / Chapter 12 / Section 280x
§ 280x. Obligations; credit of the State not pledged
Status: in_force

Obligations issued under the provisions of this subchapter shall not be deemed to constitute a debt or liability of the State. Each obligation issued under this subchapter shall contain on the face thereof a statement to the effect that the Authority shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor, and that neither the faith and credit nor the taxing power of the State is pledged to the payment of the principal of or the interest on such obligations.
10 V.S.A. § 6303 — VT Code / Title 10 / Chapter 155 / Section 6303
§ 6303. Interests that may be acquired
Status: in_force

(a) The rights and interests in real property that may be acquired, used, encumbered, and conveyed by a municipality, State agency, or qualified organization shall include the following:

(1) Fee simple.

(2) Fee simple subject to right of occupancy and use, which may be defined as full and complete title subject only to a right of occupancy and use of the subject real property or part thereof by the grantor for residential or agricultural purposes, subject to the provisions of section 6304 of this title and to such other terms as the legislative body of the municipality, the qualified organization, or the State agency may fix.

(3) Fee simple and resale of rights and interests, which may be defined as the acquisition of real property in fee simple and the subsequent reconveyance of rights and interests in such property to the former owner or to others, subject to the provisions of section 6304 of this title and to specified covenants, restrictions, conditions, or affirmative requirements fixed by the legislative body of the municipality, the qualified organization, or the State agency in its discretion and designed to accomplish the purposes set forth in section 6301 of this title.

(4) Fee simple and lease back, which may be defined as the acquisition of real property in fee simple and the lease for the life of a person or for a term of years of rights and interests in the real property, subject to the provisions of section 6304 of this title and to specified covenants, restrictions, conditions, or affirmative requirements fixed by the legislative body of the municipality, the qualified organization, or the State agency in its discretion and designed to accomplish the purposes set forth in section 6301 of this title.

(5) Less than fee simple. The acquisition and retention of any rights and interests in real property less than fee simple.

(6) Lease. The lease of land or rights and interests in land for a term, with or without an option to purchase.

(7) Preemptive rights and options to purchase. The acquisition of preemptive rights such as a right of first refusal or an option to purchase land or rights and interests in the land.

(b) The legislative body of a municipality, a State agency, or a qualified organization, as the case may be, shall determine the types of rights and interests in real property to be acquired, including licenses, equitable servitudes, profits, rights under covenants, easements, development rights, or any other rights and interests in real property of whatever character.

(c) Where less than fee simple ownership is acquired or retained, such right and interest may, in the discretion of the legislative body of the municipality, the State agency, or the qualified organization, include a right to enter in order to accomplish the purposes of section 6301 of this title.
10 V.S.A. § 2611 — VT Code / Title 10 / Chapter 83 / Section 2611
§ 2611. Vermont Youth Conservation Corps
Status: in_force

(a) The Secretary of Natural Resources in cooperation with the Commissioner of Labor is hereby directed to develop and implement a youth work, education, and community service program to improve, restore, maintain, and conserve public buildings, lands, waters, and parks.

(b) The Vermont Youth Conservation Corps program may be offered throughout the year. It shall be the purpose of the program to provide economic, vocational, community service, and educational opportunities for Vermont youths. At least half of the youths enrolled in the program shall be disadvantaged.

(c) To effectuate the purposes of this section, the Secretary may:

(1) Employ a Vermont Youth Conservation Corps director or coordinator and the support staff necessary to direct, supervise, and implement the program.

(2) Subject to the limitations of 32 V.S.A. § 5, apply for and accept grants or contributions from funds from any public or private source.

(3) Purchase a policy of liability insurance for the benefit of the State, its employees, and enrollees while performing their official duties pursuant to the provisions of this section.

(4) Enter into an agreement with the Vermont Youth Conservation Corps, Inc. regarding the cooperative management and operation of the Youth Conservation Corps program.
10 V.S.A. § 213 — VT Code / Title 10 / Chapter 12 / Section 213
§ 213. Authority; organization
Status: repealed

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

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

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

(d) [Repealed.]

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

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

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

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

(i) [Repealed.]
10 V.S.A. § 4192 — VT Code / Title 10 / Chapter 103 / Section 4192
§ 4192. Duties of deputy game wardens
Status: in_force

Deputy game wardens shall have authority to enforce all provisions of this part and all orders and rules adopted thereunder. They shall also have authority to enforce the provisions of chapter 47 of this title, 13 V.S.A. § 3705, 24 V.S.A. § 2201, Title 25, and 23 V.S.A. chapter 29.
10 V.S.A. § 6028 — VT Code / Title 10 / Chapter 151 / Section 6028
§ 6028. Compensation
Status: in_force

Members of the Board and District Commissions shall receive per diem pay and all necessary and actual expenses in accordance with 32 V.S.A. § 1010.
10 V.S.A. § 252 — VT Code / Title 10 / Chapter 12 / Section 252
§ 252. Bonds eligible for investment
Status: in_force

Bonds issued under this subchapter shall be legal investments for all persons without limit as to the amount held, regardless of whether they are acting for their own account or in a fiduciary capacity; such bonds shall likewise be legal investments for all public officials authorized to invest public funds. No person offering to buy or sell or buying or selling the bonds shall be required to obtain any license or register any transaction in connection with them.
10 V.S.A. § 1972 — VT Code / Title 10 / Chapter 64 / Section 1972
§ 1972. Definitions
Status: in_force

For the purposes of this chapter:

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

(2) “Building or structure” means a building or structure whose use or useful occupancy requires the construction or modification of a potable water supply or wastewater system.

(3) “Campground” means any lot of land containing more than three campsites occupied for vacation or recreational purposes by camping units, such as: tents, yurts, tepees, lean-tos, camping cabins, and recreational vehicles, including motor homes, folding camping trailers, conventional travel trailers, fifth wheel travel trailers, truck campers, van campers, and conversion vehicles designed and used for travel, recreation, and camping. There shall be no distinction made between noncommercial (no charge, no service) and commercial operations.

(4)(A) “Failed supply” means a potable water supply:

(i) that has been found to exceed the standard set by the Secretary in rule for one or more of the following contaminants:

(I) total coliform;

(II) nitrates;

(III) nitrites;

(IV) arsenic; or

(V) uranium;

(ii) that the Secretary affirmatively determines as not potable, due to the presence of a contaminated site, a leaking underground storage tank, or other known sources of groundwater contamination or naturally occurring contaminants; or

(iii) the Secretary affirmatively determines to be failed due to the supply providing an insufficient quantity of water to maintain the usual and customary uses of a building or structure or campground.

(B) Notwithstanding the provisions of this subdivision, a potable water supply shall not be a failed supply if:

(i) these effects can be and are remedied solely by minor repairs, including the repair of a broken pipe leading from a building or structure to a well, the replacement of a broken pump, repair or replacement of a mechanical component, or deepening or hydrofracturing a well; or

(ii) these effects have lasted for only a brief period of time, the cause of the failure has been determined to be an unusual and nonrecurring event, and the supply has recovered from the state of failure. Supplies that have recurring, continuing, or seasonal failures shall be considered to be failed supplies.

(C) If a project is served by multiple potable water supplies, the failure of one supply will not require the issuance of a permit or permit amendment for any other supply that is not in a state of failure.

(5)(A) “Failed system” means a wastewater system that is functioning in a manner:

(i) that allows wastewater to be exposed to the open air, pool on the surface of the ground, discharge directly to surface water, or back up into a building or structure, unless, in any of these instances, the approved design of the system specifically requires the system to function in such a manner; or

(ii) that results in a potable water supply being affirmatively determined by the Secretary to be a failed supply, and that information has been posted on the Agency of Natural Resources' website.

(B) Notwithstanding the provisions of subdivision (A) of this subdivision (5), a system shall not be a failed system if:

(i) these effects can be and are remedied solely by minor repairs, including the repair of a broken pipe leading from a building or structure to the septic tank, replacement of a cracked or broken septic tank, or replacement of a broken pump or associated valves, switches, and controls; or

(ii) these effects have lasted for only a brief period of time, the cause of the failure has been determined to be an unusual and nonrecurring event, and the system has recovered from the state of failure. Systems that have recurring, continuing, or seasonal failures shall be considered to be failed systems.

(C) If a project is served by multiple wastewater systems, the failure of one system will not require the issuance of a permit or permit amendment for any other system that is not in a state of failure.

(D) A wastewater system may be determined to be a failed system by the completion of a site visit that identifies one or more of the conditions set forth in subdivision (A)(i) of this subdivision (5).

(6) “Potable water supply” means the source, treatment, and conveyance equipment used to provide water used or intended to be used for human consumption, including drinking, washing, bathing, the preparation of food, or laundering. This definition does not include any internal piping or plumbing, except for mechanical systems, such as pump stations and storage tanks or lavatories, that are located inside a building or structure and that are integral to the operation of a potable water system. This definition also does not include a potable water supply that is subject to regulation under chapter 56 of this title.

(7) “Professional engineer” means an engineer licensed and in good standing by the Board of Professional Engineering under 26 V.S.A. chapter 20.

(8) “Secretary” means the Secretary of Natural Resources or a duly authorized representative of the Secretary. A duly authorized representative of the Secretary includes a municipality that has requested delegation, in writing, and has been delegated the authority to implement provisions of this chapter in lieu of the Secretary.

(9) “Subdivide” means to divide land by sale, gift, lease, mortgage foreclosure, court-ordered partition, or filing of a plat, plan, or deed in the town records where the act of division creates one or more lots. Subdivision shall be deemed to have occurred on the conveyance of the first lot or the filing of a plat, plan, or deed in the town records, whichever first occurs. A subdivision of land shall also be deemed to have taken place when a lot is divided by a State or municipal highway, road, or right-of-way, or when a lot is divided by surface waters with a drainage area of greater than 10 square miles.

(10) “Wastewater system” means any piping, pumping, treatment, or disposal system used for the conveyance and treatment of sanitary waste or used water, including carriage water, shower and wash water, and process wastewater. This definition does not include any internal piping or plumbing, except for mechanical systems, such as pump stations and storage tanks or toilets, that are located inside a building or structure and that are integral to the operation of a wastewater system. This definition also does not include wastewater systems that are used exclusively for the treatment and disposal of animal manure. In this chapter, “wastewater system” refers to a soil-based disposal system of less than 6,500 gallons per day, or a sewerage connection of any size.
10 V.S.A. § 706 — VT Code / Title 10 / Chapter 31 / Section 706
§ 706. Funds; allocation of by Council
Status: in_force

Unless otherwise provided by law, any funds appropriated by the State or any federal agency to the State Natural Resources Conservation Council for allocation to districts organized under the provisions of this chapter shall be available for the administrative and other expenses of the districts. The Council shall allocate such money among the districts already organized or likely to be organized during a biennial fiscal period in such manner and in such amounts as shall be fair, reasonable, and in the public interest; due consideration being given to the total acreage of land within each district, to the greater relative expense of carrying on operations within the particular districts because of such factors as unusual topography, unusual conservation measures needed as approved in the district work plan, special difficulty of carrying on operations, the volume of work to be done, and the special importance of instituting conservation operations immediately. The Council may also allocate funds to unions for administrative and other expenses. In making allocations of monies, the Council shall reserve an amount estimated by it to be adequate to enable it to make subsequent allocations in accordance with the provisions of this chapter, from time to time, among unions and districts that may be organized after the initial allocations are made, but within the ensuing biennial fiscal period. Subject to the requirements of 32 V.S.A. § 5 regarding approval of the acceptance of any sum of money, the Council is authorized to accept contributions in the furtherance of the work contemplated by this chapter including grants in aid from any agency of the federal government, from government or private institutions and sources and make agreements with such federal agency as to the terms and conditions of the use of such grants in aid.
10 V.S.A. § 6655 — VT Code / Title 10 / Chapter 159 / Section 6655
§ 6655. State Plan for Brownfield Reclamation
Status: in_force

The Agency of Natural Resources and the Agency of Commerce and Community Development shall jointly develop a State Plan for Brownfield Reclamation that includes both of the following:

(1) an inventory and assessment of potential sites prioritized by the ease of reducing the threat to public health, the availability of development opportunities, and the highest expected return on public investment;

(2) methods and strategies for coordinating remediation with eventual usage of the sites, reclamation of high priority projects, financing projects with various public and private funding, and assuring consistent investment by the State for a minimum of 10 years in order to return as many properties as possible to recreation, parks, green space, housing, and commercial uses.
10 V.S.A. § 1194 — VT Code / Title 10 / Chapter 45 / Section 1194
§ 1194. Support services
Status: in_force

The Secretary of Natural Resources shall provide supportive services to the Advisory Commission.
10 V.S.A. § 4512 — VT Code / Title 10 / Chapter 109 / Section 4512
§ 4512. Appeal
Status: in_force

Appeals from the orders or judgments of a court or magistrate entered or made pursuant to the provisions of sections 4503-4511 of this title shall be allowed in the same manner and to the same extent as provided in criminal causes.
10 V.S.A. § 6606c — VT Code / Title 10 / Chapter 159 / Section 6606c
§ 6606c. Management of unregulated hazardous waste
Status: in_force

(a) By January 1, 1993, the owner of a solid waste management facility that receives mixed solid waste must institute the unregulated hazardous waste diversion program element of its regional plan or its solid waste implementation plan, to remove unregulated hazardous waste from the mixed solid waste entering the facility.

(b) By January 1, 1993, the Agency of Natural Resources shall have developed a program plan for the random sampling of mixed solid waste entering solid waste management facilities in the State in order to determine compliance with the regional or solid waste implementation plan programs instituted by facilities to remove unregulated hazardous waste from the mixed solid waste stream.

(c) By January 31, 1993, the Agency of Natural Resources shall implement the random sampling process developed in subsection (b) of this section.
10 V.S.A. § 441 — VT Code / Title 10 / Chapter 20 / Section 441
§ 441. Statement of purpose
Status: in_force

(a) In order to provide access to the use and enjoyment of the outdoor areas of Vermont, to conserve and use the natural resources of this State for healthful and recreational purposes, and to provide transportation from one place to another, it is declared to be the policy of this State to provide the means for maintaining and improving a network of trails to be known as the “Vermont trails system.”

(b) It is the intent of the Legislature that trails be established within and without boundaries of State parks and forests and, when feasible, to interconnect units of the State park and forest system, as well as such federal and municipal lands as may be appropriate.

(c) The development, operation, and maintenance of the Vermont trails system is declared to be a public purpose and in this context, the Agency of Natural Resources together with other governmental agencies is authorized to spend public funds for such purposes and to accept gifts and grants of funds, property, or property rights from public or private sources to be used for such purposes where permission is granted.

(d) It is the intent of the Legislature to maintain Vermont's eligibility for receiving and spending federal funds for trails.

(e) It is the intent of the Legislature that whenever a railroad line not already owned by the State of Vermont is proposed for abandonment, and continuation of railroad service is not economically feasible under present conditions, the right-of-way may be acquired by the State of Vermont for railbanking and interim trail use under 5 V.S.A. chapter 58.
10 V.S.A. § 1452 — VT Code / Title 10 / Chapter 50 / Section 1452
§ 1452. Definitions
Status: repealed

As used in this chapter:

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

(2) “Aquatic nuisance” means undesirable or excessive substances or populations that interfere with the recreational potential or aquatic habitat of a body of water, including rooted aquatic plants and animal and algal populations. Aquatic nuisances include zebra mussels (Dreissena polymorpha), quagga mussels (Dreissena bugensis), Asian clam (Corbicula fluminea), fishhook waterflea (Cercopagis pengoi), rusty crayfish (Orconectes rusticus), spiny waterflea (Bythotrephes longimanus), or other species identified by the Secretary by rule.

(3) “Aquatic plant” means a plant that naturally grows in water, saturated soils, or seasonally saturated soils, including algae and submerged, floating-leafed, floating, or emergent plants.

(4) “Biological controls” means multi-cellular organisms.

(5) [Repealed.]

(6) “Lessee” means a person who acquires the right to occupancy or use of property under a lease or rental agreement.

(7) “New aquatic species” means an aquatic species that was not known to occur in a surface water of Vermont or in a segment of Lake Champlain as of January 1, 2007.

(8) “Pesticide” means any substance produced, distributed, or used for preventing, destroying, or repelling nuisance aquatic plants, insects, or other aquatic life, including lamprey. Pesticide includes unicellular organisms or extracts from unicellular organisms and does not include biological controls.

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

(10) “Water resources” means the waters and the values inherent or potential in waters and their uses.

(11) “Waters” means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, and springs and all bodies of surface waters, artificial or natural, that are contained within, flow through, or border upon the State or any portion of it.

(12) “Baitbox” means a receptacle, not exceeding 25 cubic feet in volume, used for holding or keeping baitfish alive for personal use.

(13) “Live well” means a well for keeping fish alive in a vessel by allowing water to circulate through the well.

(14) “Ballast tank” means any tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.

(15) “Bilge area” means the lowest point in the vessel where water can collect when the vessel is in its static floating position.

(16) “Decontaminate” means a process used to kill, destroy, or remove aquatic nuisance species and other organic material that may be present in or on a vessel, motor vehicle transporting the vessel, trailer, or other equipment. Decontamination may include washing a vessel, motor vehicle transporting the vessel, trailer, or other equipment with water at a sufficiently high temperature to kill or remove aquatic nuisance species.

(17) “Lake association” means a lake protection organization registered with the Secretary of Natural Resources on a form provided by the Secretary.

(18) “Marina” means a property, other than a public access or landing area regulated under section 4145 of this title, on the shoreline of a water of the State that contains a dock, basin, or ramp that, at no cost or for remuneration, provides to the public secure moorings or vessel access to the water.

(19) “Motor vehicle” means any vehicle propelled or drawn by power other than muscular power, including a snowmobile, motorcycle, all-terrain vehicle, farm tractor, or tracked vehicle.

(20) “Personal watercraft” shall have the same meaning as set forth in 23 V.S.A. § 3302.

(21) “Transport” means to move motor vehicles, vessels, personal watercraft, seaplanes, trailers, and other equipment over land, but does not include movement within the immediate area required for loading and preparing vehicles, vessels, personal watercraft, seaplanes, trailers, and other equipment prior to movement into or away from a body of water.

(22) “Vessel” means every description of watercraft used or capable of being used as a means of transportation on water, including personal watercraft.
10 V.S.A. § 6002 — VT Code / Title 10 / Chapter 151 / Section 6002
§ 6002. Procedures
Status: in_force

The provisions of 3 V.S.A. chapter 25 shall apply unless otherwise specifically stated.
10 V.S.A. § 4143 — VT Code / Title 10 / Chapter 103 / Section 4143
§ 4143. Power to sell fish for stocking, other purposes
Status: in_force

(a) The Commissioner may sell fish fry, fingerlings, and adult trout to residents of this State for the purpose of stocking waters in the State and he or she may sell to residents fish reared by the State. Such fish shall be sold at a price sufficient to return the State a reasonable profit. The Commissioner shall keep an itemized account of such sales.

(b) A person shall not make other use of such fish fry or fingerlings than is represented in the application therefor or is prescribed by the Commissioner, or make a false statement in such application.
10 V.S.A. § 6603i — VT Code / Title 10 / Chapter 159 / Section 6603i
§ 6603i. Landfill closure grants
Status: in_force

(a) The Secretary is authorized to award grants to municipalities and solid waste management districts for the portion of the cost of closure of unlined landfills receiving municipal solid waste located within the municipality or district. These grants shall be available to assist in the closure of any existing unlined landfills accepting solid waste as of June 9, 1992.

(b) The amount of any grants made under this section shall not exceed the actual costs of closure of the facility, minus an amount equal to the total tonnage of waste disposed at the facility between July 1, 1989 and the last date of acceptance of solid waste for disposal at the facility, multiplied by $24.00 per ton. Eligible closure costs shall include all necessary construction costs, a reasonable cost for engineering oversight, and an amount, not to exceed five percent or $50,000.00, whichever is less, of the construction costs, to cover the legal, administrative, and fiscal costs.
10 V.S.A. § 7555 — VT Code / Title 10 / Chapter 166 / Section 7555
§ 7555. Statewide recycling goal
Status: in_force

(a) Statewide recycling goal.

(1) For the program year of July 1, 2011 to June 30, 2012, the statewide recycling goal for electronic waste shall be the product of the U.S. Census Bureau's 2010 population estimate for the State multiplied by 5.5 pounds.

(2) For the program year of July 1, 2012 to June 30, 2013, the statewide recycling goal for electronic waste shall be the product of the U.S. Census Bureau's 2010 population estimate for the State multiplied by 6.0 pounds.

(3) For the program year of July 1, 2013 to June 30, 2014 and annually thereafter, the statewide recycling goal for all electronic waste shall be the product of the base weight multiplied by the goal attainment percentage.

(b) Base weight. For purposes of this section, “base weight” means the average weight of all electronic waste reported as collected under this chapter during the previous two program years.

(c) Goal attainment percentage. For purposes of this section, “goal attainment percentage” means, for each type of product:

(1) 90 percent if the base weight is less than 90 percent of the statewide recycling goal for the previous calendar year;

(2) 95 percent if the base weight is 90 percent or greater, but not more than 95 percent of the statewide recycling goal for the previous calendar year;

(3) 100 percent if the base weight is 95 percent or greater, but not more than 105 percent of the statewide recycling goal for the previous calendar year;

(4) 105 percent if the base weight is 105 percent or greater, but not more than 110 percent of the statewide recycling goal for the previous calendar year; or

(5) 110 percent if the base weight is 110 percent or greater of the statewide recycling goal.
10 V.S.A. § 323 — VT Code / Title 10 / Chapter 15 / Section 323
§ 323. Annual report
Status: in_force

Prior to January 31 of each year, the Board shall submit a report concerning its activities to the Governor and to the House Committees on Agriculture and Forestry, on Appropriations, on Corrections and Institutions, on Energy and Technology, on Natural Resources, Fish, and Wildlife, and on Ways and Means and the Senate Committees on Agriculture, on Appropriations, on Finance, on Institutions, and on Natural Resources and Energy. The report shall include the following:

(1) a list and description of activities funded by the Board during the preceding year, including commitments made to fund projects through housing bond proceeds pursuant to section 314 of this title, and project descriptions, levels of affordability, and geographic location;

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

(3) a full financial report of the Board's activities, including a special accounting of all activities from July 1 through December 31 of the year preceding the legislative session during which the report is submitted;

(4) if more than 70 percent of the funds allocated by the Board during the previous year were allocated to either one of the dual goals of this chapter, as established in subsection 302(a) of this title, the Board shall set forth its reasons for not allocating funds more equally between the two.
10 V.S.A. § 325 — VT Code / Title 10 / Chapter 15 / Section 325
§ 325. Condemnation prohibited
Status: in_force

The Board shall not have the authority or power to acquire property for the purposes of this chapter through condemnation or through the exercise of the power of eminent domain.
10 V.S.A. § 5225 — VT Code / Title 10 / Chapter 119 / Section 5225
§ 5225. Purpose
Status: in_force

The purpose of sections 5217-5225 of this title is to permit the orderly operation of regulated shooting grounds and to provide an additional option for sportsmen and sportswomen. Licensees shall furnish to the Commissioner whatever pertinent information he or she may request.
10 V.S.A. § 52 — VT Code / Title 10 / Chapter 5 / Section 52
§ 52. Maintenance
Status: in_force

The Department of Buildings and General Services shall be responsible for the maintenance of the land and buildings and repair and alterations of the physical structure including adequate coverage by insurance.
10APPENDIX V.S.A. § 121 — VT Code / Title 10APPENDIX / Chapter 2 / Section 121
App. § 121. Rule establishing a list for prohibited, restricted and unrestricted fish species
Status: in_force

1.0 Authority.

1.1 This rule is adopted pursuant to 10 V.S.A § 4081(a) which provides that the protection, propagation, control, management, and conservation of fish, wildlife, and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of these valuable resources for the people of the State requires a constant and continual vigilance.

1.2 10 V.S.A. § 4605(c)(3) provides that the Commissioner may, by rule, adopt a list of fish which, if introduced into Vermont waters, have the potential to cause harm to the fish population of the State.

2.0 Purpose.

2.1 It is the purpose of this regulation to carry out the mandate of the Vermont General Assembly to control through a permit program the importation and possession of fish species as provided in 10 V.S.A. § 4605(c)(3) to guard the health of Vermont's fish populations by preventing the introduction of fish species that could have the potential to cause harm to fish populations of the State.

3.0 Definitions.

3.1 “Fish” means all live fresh- and salt-water fish species including viable fish ovum and viable fish semen.

3.2 “Transgenic Fish” means any fish that possesses a novel combination of genetic material obtained through the use of modern biotechnology. This definition does not include diploid, triploid, or hybrid-crossed fish.

3.3 “Department” means Vermont Fish and Wildlife Department.

3.4 “Commissioner” means Fish and Wildlife Department Commissioner.

3.5 “Person” means an individual, association, corporation, partnership, or municipality, or other entity.

3.6 “State” means State of Vermont.

4.0 Importation and Possession of Live Fish.

4.1 This rule establishes a list by which the importation and possession of fish shall be regulated.

4.1.1 Prohibited Fish Species Section: Fish species for which importation into or possession within Vermont shall be prohibited except through a Commissioner's Prohibited Fish Species Permit. This section of the list primarily includes species not native to the State that are known to pose a threat to Vermont's fish populations and/or aquatic ecosystems.

4.1.2 Restricted Fish Species Section: This section of the list primarily includes native and certain naturalized fish species which although they may not require a Commissioner's Prohibited Fish Species Permit as set out in 4.1.1 above, may be regulated through other department permits including but not limited to 10 V.S.A. § 4605(b) Importation of Fish; 10 V.S.A. § 5403, Protection of Endangered and Threatened Species; and 10 V.S.A. App. § 122, Fish Regulations.

4.1.3 Unrestricted Fish Species Section: This section of the list primarily includes species commonly imported into the State for the pet or aquarium trade and are currently considered to pose minimal or no risk to Vermont fish populations. A Commissioner's Prohibited Fish Species Permit is not required to import or possess these species. Additionally, any species not on the Unrestricted, Restricted and Prohibited lists and which natural global distribution range occurs entirely within the bounds of the 30° north latitude and the 30° south latitude may be imported or possessed in Vermont without prior review and approval of the Commissioner. Notwithstanding the foregoing, an importation permit is required for any fish brought into the State which are intended to be introduced into waters of the State as per 10 V.S.A. § 4605(b), and no fish shall be introduced into any waters except private ponds lacking access to other waters of the State as per 10 V.S.A. § 4605(a).

4.2 All fish species not included in the sections of the list covered by 4.1.2 (Restricted Fish Species Section) and 4.1.3 (Unrestricted Fish Species Section) shall also be considered to be Prohibited Fish Species.

4.3 The importation and/or possession of transgenic fishes shall be prohibited unless explicitly included in the Unrestricted Fish Species section.

5.0 Review, Revision & Maintenance of List.

5.1 The Commissioner may review and revise the species contained within the list. The public may submit any species of fish for consideration of inclusion in this list by submitting a written request with relevant documentation.

5.2 The Department shall maintain an up-to-date list of prohibited, restricted, and unrestricted fish species and shall make this list available on the Department's website, from the Department's headquarters and from the Department's district offices.

6.0 Permits.

6.1 Prohibited Fish Species Permits. The Commissioner may issue a Commissioner's Prohibited Fish Species Permit allowing importation and possession of a fish on the Prohibited Fish Species section of the list.

6.1.1 In issuing a permit, the Commissioner shall consider:

(a) How the fish are being kept in a controlled environment including but not limited to artificial tanks without inflow or outflow, and; without connection to waters of the State;

(b) Whether the purpose is for research;

(c) Whether the purpose is for education;

c (d) Whether it is for public purpose;

c (e) Whether there are available alternatives;

c (f) The health of native or naturalized fish species.

6.1.2 A permit issued under this subsection shall include conditions that ensure the health and safety of Vermont's fish population.

6.2 Restricted Fish Species Permits. Fish in the Restricted Fish Species section do not require a Commissioner's Prohibited Fish Species Permit. However, as noted in paragraph 4.1.2 above, other Department permits may be required to import and/or possess fish listed in the Restricted Fish Species section.

7.0 Permit Applications.

7.1 Applications for Commissioner's Prohibited Fish Species Permits shall be complete and submitted to the Department on an application form to be provided by the Department. For an application to be considered complete, it shall be legible, shall contain all information requested by the Department, shall contain no false statements, shall bear the applicant's official signature and shall be accompanied by the required application fee.

7.2 With regard to all fish, the applicant shall present to the Department, as a requirement of the permit, written fish health inspection reports as the Department may specify, and invoices clearly indicating the source of the fish to be imported. Fish health inspection reports shall be made by a qualified fish health inspector acceptable to the Department.

8.0 Inspections.

8.1 Persons holding a Commissioner's Prohibited Fish Species Permit shall allow inspection at reasonable times of their premises, facilities, records, and fish by the Commissioner or the Commissioner's designee(s).

8.2 The issued permit shall be available for inspection by the Commissioner or the Commissioner's designee(s).

9.0 Quarantine, Destruction or Sterilization Where Disease and/or Harmful Species are Present.

9.1 The Department may require a period of quarantine and treatment, the destruction of fish, and/or order remedial action if necessary, if a harmful fish species and/or fish pathogen is confirmed. This shall occur at the expense of the owner.
10 V.S.A. § 751 — VT Code / Title 10 / Chapter 32 / Section 751
§ 751. Purpose
Status: in_force

The purpose of this chapter is to minimize and prevent the loss of life and property, the disruption of commerce, the impairment of the tax base, and the extraordinary public expenditures and demands on public service that result from flooding; to ensure that the development of the flood hazard areas of this State is accomplished in a manner consistent with the health, safety and welfare of the public; to coordinate federal, State, and local management activities for flood hazard areas; to encourage local government units to manage flood hazard areas and other flood-prone lands; to provide State assistance to local government units in management of flood-prone lands; to comply with National Flood Insurance Program requirements for the regulation of development; to authorize adoption of State rules for management of uses exempt from municipal regulation in a flood hazard area; to maintain the agricultural use of flood-prone lands consistent with the National Flood Insurance Program; to carry out a comprehensive statewide flood hazard area management program for the State in order to ensure eligibility for flood insurance under the requirements of the National Flood Insurance Program.
10 V.S.A. § 8020 — VT Code / Title 10 / Chapter 201 / Section 8020
§ 8020. Public participation in enforcement
Status: in_force

(a) Aggrieved person. As used in this section, an “aggrieved person” means a person who alleges an injury to a particularized interest protected by a statute listed under subsection 8003(a) of this section, and the alleged injury is attributable to a violation addressed by an assurance of discontinuance, administrative order, emergency order, or civil citation issued under this chapter. An organization or association is an aggrieved person under this section when one or more of its members would be an aggrieved person in his or her own right, the interests at stake are germane to the purposes of the organization or association, and neither the claim asserted nor the relief requested by the organization or association requires participation of the individual member.

(b) Draft and final action. Prior to issuing an administrative order, assurance of discontinuance, or civil citation under this chapter and sending it to the Environmental Division, the Secretary or the Board shall post a draft copy of the administrative order, assurance of discontinuance, or civil citation for public notice and written comment for 30 days. At the conclusion of the 30-day notice and written comment period, the Secretary or the Board shall evaluate the proposed action pursuant to the written comments received. After the evaluation of the written comments, the Secretary or the Board may withdraw an administrative order, assurance of discontinuance, or civil citation. At the conclusion of the 30-day notice period, if no comments have been received, the Secretary or the Board shall file the draft as a final administrative order, assurance of discontinuance, or civil citation with the Environmental Division, and the Environmental Division may review and approve as an order of the court the administrative order, assurance of discontinuance, or civil citation as set out elsewhere in this chapter. When the Secretary or Board issues a final administrative order, assurance of discontinuance, or civil citation, it shall be sent to the Environmental Division along with any written comments received during the 30-day comment period. Concurrent with filing with the Environmental Division, the Secretary or Board shall post the final proposed action for public notice for 14 days.

(c) Filing with court. If a comment was received on the draft document, the Environmental Division shall hold the administrative order, assurance of discontinuance, or civil citation for 14 days from the date of filing to allow any person who has filed written comments under subsection (b), who is not satisfied with the final action of the Agency or the Board, and who meets the definition of “aggrieved person” under subsection (a) of this section to file a motion for permissive intervention pursuant to the procedure in Rule 24(c) of the Vermont Rules of Civil Procedure.

(d) Court action without motion to intervene. If no comment was filed on the draft document or if, at the conclusion of the 14-day period, no motion to intervene has been filed, the Environmental Division in its discretion, with or without a hearing, shall issue an order to affirm, vacate, or remand the administrative order, assurance of discontinuance, or civil citation.

(e) Condition precedent to intervention. In order for a person to intervene permissively in an administrative order, assurance of discontinuance, or civil citation, the person shall have filed written comments with the Agency or Board setting out the specific objection to the proposed action during the 30-day comment period required under subsection (b) of this section.

(f) Court action upon motion to intervene. A motion for permissive intervention shall clearly state the basis for the claim that the administrative order, assurance of discontinuance, or civil citation is insufficient to carry out the purposes of this chapter. A hearing may be held on the motion for permissive intervention in the discretion of the Environmental Division. When the Environmental Division determines that a motion to intervene fails to meet the requirements for permissive intervention, the court shall deny the motion.

(g) Emergency administrative order. When the Secretary issues an emergency administrative order, the prefiling public notice and comment provisions contained in this section shall not apply. The Environmental Division, without comment or hearing, shall act on the emergency administrative order as required by section 8009 of this title and may issue its own order. The Secretary shall publish the emergency administrative order concurrent with filing it with the Environmental Division. A person shall have 14 days from the date the emergency administrative order is filed to file a motion for permissive intervention. A motion to intervene shall not stay an emergency administrative order.

(h) Standard of review on motion to intervene. The Environmental Division shall evaluate a motion from an aggrieved person for permissive intervention in light of Rule 24(b)(1) of the Vermont Rules of Civil Procedure. When the Environmental Division permits an aggrieved person to intervene, it shall be for the sole purpose of establishing that the terms of an administrative order, emergency administrative order, assurance of discontinuance, or civil citation are insufficient to carry out the purposes of this chapter. The intervenor shall have the burden of proof by a preponderance of the evidence that the administrative order, emergency administrative order, assurance of discontinuance, or civil citation is insufficient to carry out the purposes of this chapter. A hearing may be held on the claim that the administrative order, emergency administrative order, assurance of discontinuance, or civil citation is insufficient to carry out the purposes of this chapter in the discretion of the Environmental Division. The Environmental Division, upon finding that the proposed action is insufficient to carry out the purposes of this chapter, shall inform the parties in writing and shall include the basis of its decision and shall vacate the proposed action.

(i) Authority of Secretary or Board to object. The Secretary or Board shall not oppose any motion filed for permissive intervention. When the Environmental Division permits a person to intervene, the Secretary, the Board, or the respondent may oppose the intervenor's claim that the proposed action is insufficient to carry out the purposes of this chapter.

(j) Response to citizen citations. The Secretary shall investigate all citizen complaints of a violation of a federally authorized or delegated program and shall respond to known complainants in writing.
10 V.S.A. § 121 — VT Code / Title 10 / Chapter 8 / Section 121
§ 121. Definitions
Status: in_force

As used in this chapter:

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

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

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

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

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

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

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

(3) “Media” means the physical material on which written, printed, or electronically encoded information is stored.
10 V.S.A. § 562 — VT Code / Title 10 / Chapter 23 / Section 562
§ 562. Hearings and judicial review appeals
Status: repealed

(a) No rule or regulation and no amendment or repeal thereof shall take effect except after public hearing. The Secretary shall appoint a time and place for the hearing and shall order the publication of the substance thereof and of the time and place of hearing two weeks successively in the daily newspapers of the State, the last publication to be at least seven days before the day appointed for the hearing.

(b) Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title.

(c) [Repealed.]

(d)-(f) [Repealed.]

(g) If a permit is denied under this section, and that denial is the subject of either an appeal or a request for a variance, the applicant need not commence application proceedings anew, once those issues are resolved.
10 V.S.A. § 485 — VT Code / Title 10 / Chapter 21 / Section 485
§ 485. Official tourist information centers
Status: in_force

The Agency of Commerce and Community Development shall establish official tourist information centers, near the principal entrance points into the State, as determined by the Agency, and at such other locations as the Agency deems appropriate, in order to provide information about public accommodations, commercial services for the travelling public, other businesses, and points of scenic, historic, cultural, educational, and religious interest.
10 V.S.A. § 6306 — VT Code / Title 10 / Chapter 155 / Section 6306
§ 6306. Exemption from taxation
Status: in_force

(a) The rights and interests in real property acquired by a municipality or State agency under the authority of this chapter shall be considered as municipal or State-owned land, as the case may be, with respect to taxation and State reimbursement in lieu of taxes.

(b)(1) The Commissioner of Taxes may certify that real property acquired by a qualified organization under this chapter is being held and maintained for the purposes expressed in section 6301 of this title. As a condition of that certification, the Commissioner may require that the qualified organization provide adequate assurances that the property is being so held and maintained, including written agreements with the Department of Taxes, deeds, covenants, or other conveyances. Property that is so certified:

(A) if in the nature of an interest in fee simple, shall be assessed on the basis of its actual use or may be enrolled by the qualifying organization in a current use program under 32 V.S.A. chapter 124; or

(B) shall be exempt from assessment and taxation, if in the nature of an interest other than fee simple.

(2) For purposes of this section, where a qualified organization holds a lease in the property for a term greater than ten years, including renewal terms, or holds such other interests as the Commissioner shall determine to be substantially equivalent to an interest in fee simple, the organization shall be deemed to hold an interest in fee simple.

(3) A certification granted to a qualified agency shall first affect the April 1 grand list following the date that all information deemed necessary by the Commissioner has been provided by the qualified organization.

(c) After acquisition by a municipality, State agency, or qualified organization of a right or interest in real property under the authority of this chapter, the owner of any remaining right or interest in the real property not so acquired shall be taxed, under the applicable provisions of 32 V.S.A. chapter 123, only upon the value of those remaining rights or interests to which he or she retains title. The State agency or qualified organization, and the Department of Taxes, shall cooperate with that owner and with the town assessing such tax in the determination of the fair market value of any such remaining right or interest.

(d) Property held by a qualified organization and taxed or exempted under subsection (b) of this section shall be subject to a conversion tax if the Commissioner determines that it is no longer being held and maintained for the purposes expressed in section 6301 of this title. The amount of the conversion tax shall be five times the amount of the taxes avoided by reason of the exemption in the most recent year. The conversion tax shall be paid to the municipality in which the property is located.
10 V.S.A. § 324 — VT Code / Title 10 / Chapter 15 / Section 324
§ 324. Stewardship
Status: in_force

If an activity funded by the Board involves acquisition by the State of an interest in real property for the purpose of conserving and protecting agricultural land or forestland, important natural areas, or recreation lands, the Board, in its discretion, may make a one-time grant to the appropriate State agency or municipality. The grant shall not exceed ten percent of the current appraised value of that property interest and shall be used to support its proper management or maintenance, or both.
10 V.S.A. § 4045 — VT Code / Title 10 / Chapter 103 / Section 4045
§ 4045. Cooperative fisheries projects
Status: in_force

The State of Vermont hereby assents to the provisions of the act of Congress entitled “An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes,” approved August 9, 1950 (Public Law 681-81st Congress) and the Department of Fish and Wildlife is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative fisheries restoration project, as defined in said act of Congress, in compliance with said act and with rules and regulations promulgated by the U.S. Secretary of the Interior thereunder. No funds accruing to the State of Vermont from fishing license fees shall be diverted for any other purpose than the administration of the Department of Fish and Wildlife.
10 V.S.A. § 6603j — VT Code / Title 10 / Chapter 159 / Section 6603j
§ 6603j. Curbside collection of waste oil
Status: in_force

(a) Municipalities that have more than 4,000 residents or that have mandatory curbside collection of recyclables shall be eligible for State grants under this section if they implement a program for the curbside collection of used oil by July 1, 1996. A private hauler that, by July 1, 1996, implements or participates in a program for the curbside collection of used oil shall be eligible if the private hauler serves a community or group of communities with a population of more than 4,000 or serves a community with mandatory curbside collection of recyclables. Eligibility in all cases shall depend upon the municipality's or the hauler's compliance with all State program requirements and upon the taking of all necessary precautions to minimize contamination while collecting used oil.

(b) Municipalities that provide curbside collection services as specified in subsection (a) of this section and private haulers that provide such services may apply to the Secretary for grants under this subsection. Financial assistance may be provided in the form of grants to compensate up to 60 percent of the costs incurred:

(1) to retrofit collection vehicles to collect used oil at the curb (in an amount not to exceed $360.00 per truck); and

(2) to purchase pumps necessary to transfer oil from collection vehicles to the larger aggregation container (in an amount not to exceed $300.00 per pump) as part of the operations of a used oil collection program that is part of the State program.

(c) Funding for this program shall come from the Petroleum Cleanup Fund, from which funds may be disbursed for this purpose in addition to those purposes authorized under 10 V.S.A. § 1941. The Secretary shall allocate grants under this section in amounts totaling not more than $20,000.00 per year after consulting with the technical advisory committee on solid waste and after establishing equitable limits on the number of grants that may be awarded, under this section, to particular areas of the State.

(d) Recipients of grants under this section, for a period of three years from the date of receipt of the grant, shall be required to provide to their customers, on a quarterly basis, information that encourages those customers to participate in the curbside used oil collection program.

(e) The Secretary may adopt rules establishing criteria for eligible collection programs and rules to manage grant allocation under this section.
10 V.S.A. § 6083 — VT Code / Title 10 / Chapter 151 / Section 6083
§ 6083. Applications
Status: in_force

(a) An application for a permit shall be filed with the District Commission as prescribed by the rules of the Board and shall contain at least the following documents and information:

(1) The applicant's name, address, and the address of each of the applicant's offices in this State, and, where the applicant is not an individual, municipality, or State agency, the form, date, and place of formation of the applicant.

(2) Four copies of a plan of the proposed development or subdivision showing the intended use of the land, the proposed improvements, the details of the project, and any other information required by this chapter, or the rules adopted under this chapter.

(3) The fee prescribed by section 6083a of this title.

(4) Certification of filing of notice as set forth in 6084 of this title.

(b) An applicant or petitioner shall grant the Board or District Commission, or their agents, permission to enter upon the applicant's or petitioner's land for these purposes.

(c) Where an application concerns the extraction or processing of fissionable source material, before the application is considered the District Commission shall obtain the express approval of the General Assembly by act of legislation stating that extraction or processing of fissionable source material will promote the general welfare. The District Commission shall advise the General Assembly of any application for extraction or processing of fissionable source material by delivering written notice to the Speaker of the House of Representatives and to the President of the Senate, and shall make available all relevant material. The procedural requirements and deadlines applicable to permit applications under this chapter shall be suspended until the approval is granted. Approval by the General Assembly under this subsection shall not be construed as approval of any particular application or proposal for development.

(d) The Board and Commissions shall make all practical efforts to process matters before the Board and permits in a prompt manner. The Board shall establish time limits for the processing of land use permits issued under section 6086 of this title as well as procedures and time periods within which to notify applicants whether an application is complete. The Board shall report annually by February 15 to the General Assembly by electronic submission. The annual report shall assess the performance of the Board and Commissions in meeting the limits; identify areas which hinder effective performance; list fees collected for each permit; summarize changes made to improve performance; and describe staffing needs for the coming year. The annual report shall list the number of enforcement actions taken by the Board, the disposition of such cases, and the amount of penalties collected. The provisions of 2 V.S.A. § 20(d)(expiration of required reports) shall not apply to the report to be made under this subsection.

(e) The District Commissions shall give priority to municipal projects that have been mandated by the State through a permit, enforcement order, court order, enforcement settlement agreement, statute, rule, or policy.

(f) In situations where the party seeking to file an application is a State agency, municipality, or solid waste management district empowered to condemn the involved land or an interest in it, the application need only be signed by that party.

(g)(1) A District Commission, pending resolution of noncompliance, may stay the issuance of a permit or amendment if it finds, by clear and convincing evidence, that a person who is an applicant:

(A) is not in compliance with a court order, an administrative order, or an assurance of discontinuance with respect to a violation that is directly related to the activity which is the subject of the application; or

(B) has one or more current violations of this chapter, or any rules, permits, assurances of discontinuance, court order, or administrative orders related to this chapter, which, when viewed together, constitute substantial noncompliance.

(2) Any decision under this subsection to issue a stay may be subject to review by the Environmental Division, as provided by rule of the Supreme Court.

(3) If the same violation is the subject of an enforcement action under chapter 201 of this title, then jurisdiction over the issuance of a stay shall remain with the Environmental Division and shall not reside with the District Commission.
10 V.S.A. § 5227 — VT Code / Title 10 / Chapter 119 / Section 5227
§ 5227. Sport shooting ranges; municipal and State authority
Status: in_force

(a) “Sport shooting range” or “range” means an area designed and operated for the use of archery, rifles, shotguns, pistols, skeet, trap, black powder, or any other similar sport shooting.

(b) The owner or operator of a sport shooting range, and a person lawfully using the range, who is in substantial compliance with any noise use condition of any issued municipal or State land use permit otherwise required by law shall not be subject to any civil liability for damages or any injunctive relief resulting from noise or noise pollution, notwithstanding any provision of law to the contrary.

(c) If no municipal or State land use permit is otherwise required by law, then the owner or operator of the range and any person lawfully using the range shall not be subject to any civil liability for damages or any injunctive relief relating to noise or noise pollution.

(d) Nothing in this section shall prohibit or limit the authority of a municipality or the State to enforce any condition of a lawfully issued and otherwise required permit.

(e)(1) In the event that the owner, operator, or user of a range is not afforded the protection set forth in subsection (b) or (c) of this section, this subsection shall apply. A nuisance claim against a range may only be brought by an owner of property abutting the range. The range shall have a rebuttable presumption that the range does not constitute any form of nuisance if the range meets the following conditions:

(A) the range was established prior to the acquisition of the property owned by the person bringing the nuisance claim; and

(B) the frequency of the shooting or other alleged nuisance activity at the range has not significantly increased since acquisition of the property owned by the person bringing the nuisance claim.

(2) The presumption that the range does not constitute a nuisance may be rebutted only by an abutting property owner showing that the activity has a noxious and significant interference with the use and enjoyment of the abutting property.

(f) Prior to use of a sport shooting range after dark for purposes of training conducted by a federal, state, county, or municipal law enforcement agency, the sport shooting range shall notify those homeowners and businesses with property abutting the range that have requested such notice from the range.

(g) If any subsection of this section is held invalid, the invalidity does not affect the other subsections of this section that can be given effect without the invalid subsection, and for this purpose, the subsections of this section are severable.
10 V.S.A. § 280ff — VT Code / Title 10 / Chapter 12 / Section 280ff
§ 280ff. Funding
Status: in_force

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

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

(1) This is a revolving loan program.

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

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

(4) Additionally, the Authority shall absorb up to $3,000,000.00 in Program losses shared with the State on a pro rata basis.
10 V.S.A. § 6697 — VT Code / Title 10 / Chapter 159 / Section 6697
§ 6697. Civil penalties; warning
Status: in_force

(a) A person, store, or food service establishment that violates the requirements of this subchapter shall be fined in accordance with chapter 201 of this title.

(b) For the purposes of enforcement under this subchapter, an offense shall be each day a person, store, or food service establishment is violating a requirement of this subchapter.
10 V.S.A. § 6023 — VT Code / Title 10 / Chapter 151 / Section 6023
§ 6023. Grants
Status: in_force

The Board may apply for and receive grants from the federal government and from other sources.
10 V.S.A. § 4924 — VT Code / Title 10 / Chapter 113 / Section 4924
§ 4924. Exceptions
Status: in_force

The requirements of sections 4922 and 4923 of this title shall not apply:

(1) when the failure to retrieve, the failure to salvage, or the failure to retain the covered wild animal is beyond the control of the person due to:

(A) theft of the covered wild animal by another person;

(B) unavoidable loss in the field to a wild animal;

(C) lack of legal access to property where a wounded or dead covered wild animal is located, including when signage on the property would lead a reasonable person to believe that hunting is prohibited on the land; or

(D) other circumstances that prevent salvage, retrieval, or retention;

(2) in order to defend a person or property, including defense of property authorized under this part or rules adopted under this part;

(3) when the covered wild animal is sick or diseased;

(4) to a State, federal, or municipal law enforcement officer or employee when the law enforcement officer or employee is acting within the course of the officer's or employee's employment; or

(5) when following generally accepted hunting or trapping practices for retrieval of a covered wild animal when a practice is:

(A) set forth under this part or rules adopted under this part; or

(B) approved as a best practice by the Commissioner of Fish and Wildlife.
10 V.S.A. § 1935 — VT Code / Title 10 / Chapter 59 / Section 1935
§ 1935. Penalties
Status: in_force

(a) Criminal penalty. Any person who knowingly or intentionally violates any provision of this chapter or the rules promulgated herein, or any permits or any order standards issued in accordance with this chapter shall be subject to a criminal penalty not to exceed $25,000 or imprisonment for not more than six months, or both.

(b) Civil penalty. Any person who violates any provision of this chapter, the rules adopted pursuant to this chapter, or the terms and conditions of any order or permit issued by the Secretary, shall be subject to a civil penalty not to exceed $10,000.00 per storage tank.

(c) Violations. Each violation may be a separate and distinct offense and in the case of a continuing violation, each day's continuance of the violation may be deemed a separate and distinct offense.
10 V.S.A. § 246 — VT Code / Title 10 / Chapter 12 / Section 246
§ 246. Approval of Authority
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

(10) the findings when adopted by the Authority shall be conclusive.
10 V.S.A. § 7001 — VT Code / Title 10 / Chapter 161 / Section 7001
§ 7001. Definitions
Status: in_force

As used in this chapter:

(1) “Adequate financial assurance requirements” mean a requirement, or combination of requirements, for the Authority and for generators of low-level radioactive waste to have financial responsibility instruments or arrangements that, considering the Fund established by section 7013 of this chapter and all other relevant information, are sufficient to ensure, to a high probability, that the Authority will be financially able to carry out its responsibilities under this chapter.

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

(3) “Authority” means the Vermont Low-Level Radioactive Waste Authority.

(4) “Closure” includes post-closure observation and maintenance.

(5) “Construction costs” mean pre-operational capital costs, site acquisition costs, and any permit and license fees for the facility authorized by this chapter.

(6) “Expected low-level radioactive waste” means the low-level radioactive waste from the normal operation of the Vermont Yankee facility, during its licensed operating life, including decommissioning waste, and from the normal operations of the currently licensed low-level radioactive waste generators in Vermont through the expected date for completing the decommissioning of Vermont Yankee, plus a small emergency contingency reserve.

(7) “Low-level radioactive waste” means radioactive material that is not high-level radioactive waste, spent nuclear fuel, transuranic waste, or byproduct material, as defined in 42 U.S.C. § 2014(e)(2), which the U.S. Atomic Energy Act of 1954, section 11(e)(2), and that material the U.S. Nuclear Regulatory Commission, consistent with existing law, classifies as low-level radioactive waste.

(8) “NRC” means the Nuclear Regulatory Commission or any successor agency.

(9) “Person” means an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, or other legal entity, or any legal successor to or representative, or agent.

(10) “Public comment” means ample opportunities for public input, including at least prior availability of a draft decision, policy, or rule, two public hearings in different areas of the State, warned at least twice with a first warning not less than 30 days prior to the hearing by notice to daily media outlets in the area and statewide, and preparation and distribution of a response summary to all comments received.

(11) “Shallow land burial” means the burial of waste within an unlined subsurface trench without additional engineered structures or enhancements designed to minimize migration of radionuclides.

(12) “Siting plan” means a plan which reflects the standards, procedures and timetables of this chapter and meets the requirements for a siting plan of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (Public Law 99-240) (42 U.S.C. § 2021b et seq.).

(13) “Yankee site” means a site for a low-level radioactive waste disposal facility on land presently owned by and contiguous to the Vermont Yankee nuclear generating facility.
10 V.S.A. § 8501 — VT Code / Title 10 / Chapter 220 / Section 8501
§ 8501. Purpose
Status: in_force

It is the purpose of this chapter to:

(1) consolidate existing appeal routes for municipal zoning and subdivision decisions and acts or decisions of the Secretary of Natural Resources, district environmental coordinators, and District Commissions, excluding enforcement actions brought pursuant to chapters 201 and 211 of this title and the adoption of rules under 3 V.S.A. chapter 25;

(2) standardize the appeal periods, the parties who may appeal these acts or decisions, and the ability to stay any act or decision upon appeal, taking into account the nature of the different programs affected;

(3) encourage people to get involved in the Act 250 permitting process at the initial stages of review by a District Commission by requiring participation as a prerequisite for an appeal of a District Commission decision to the Environmental Division;

(4) assure that clear appeal routes exist for acts and decisions of the Secretary of Natural Resources;

(5) consolidate appeals of decisions related to renewable energy generation plants and telecommunications facilities with review under, respectively, 30 V.S.A. §§ 248 and 248a, with appeals and consolidation of proceedings pertaining to telecommunications facilities occurring only while 30 V.S.A. § 248a remains in effect.
10 V.S.A. § 1459 — VT Code / Title 10 / Chapter 50 / Section 1459
§ 1459. Joint municipal participation
Status: in_force

Should the shorelands of waters for which funds are requested under sections 1451-1460 of this title be under more than one municipal governmental jurisdiction, the provisions herein shall apply to the respective municipalities under a joint application, except that the required municipal contribution shall be apportioned among the respective municipalities.
10APPENDIX V.S.A. § 31 — VT Code / Title 10APPENDIX / Chapter 1 / Section 31
App. § 31. Seasons, bag limits
Status: in_force

The game animals specified in column one may be taken only during the period specified in column two not in excess of the numbers specified in column three and may be possessed only to the numbers specified as possession limit, except as provided in section 32 of this title.
10 V.S.A. § 492 — VT Code / Title 10 / Chapter 21 / Section 492
§ 492. Permitted locations
Status: in_force

In adopting rules relating to locations for official business directional signs, the Council shall take into consideration such factors as the effect upon highway safety, the convenience of the travelling public, and the preservation of scenic beauty.
10 V.S.A. § 6632 — VT Code / Title 10 / Chapter 159 / Section 6632
§ 6632. Trade secrets
Status: in_force

The Secretary shall adopt rules to ensure that trade secrets designated by a generator in all or a portion of the review and plans, and the report required by this subchapter, which are exempt from public inspection and copying under 1 V.S.A. § 317(c)(9), shall be used by the Secretary, the Department, and any authorized representative of the Department only in connection with the responsibilities of the Department pursuant to this subchapter, and otherwise shall be kept confidential.
10 V.S.A. § 1979 — VT Code / Title 10 / Chapter 64 / Section 1979
§ 1979. Holding tanks
Status: repealed

(a) The Secretary shall approve the use of sewage holding and pumpout tanks when he or she determines that:

(1) the existing or proposed buildings or structures to be served by the holding tank are publicly owned;

(2) the plan for construction and operation of the holding tank will not result in a public health hazard or environmental damage;

(3) a designer demonstrates that an economically feasible means of meeting current standards is significantly more costly than the construction and operation of sewage holding and pumpout tanks, based on a projected 20-year life of the project; and

(4) the design flows do not exceed 600 gallons per day.

(b)(1) The Secretary shall approve the use of sewage holding and pumpout tanks for existing or proposed buildings or structures that are owned by a charitable, religious, or nonprofit organization when he or she determines that:

(A) the plan for construction and operation of the holding tank will not result in a public health hazard or environmental damage;

(B) a designer demonstrates that an economically feasible means of meeting current standards is significantly more costly than the construction and operation of sewage holding and pumpout tanks, based on a projected 20-year life of the project; and

(C) the design flows do not exceed 600 gallons per day or the existing or proposed building or structure shall not be used to host events on more than 28 days in any calendar year.

(2) [Repealed.]

(3)(A) A permit issued under this subsection shall run with the land for the duration of the permit and shall apply to all subsequent owners of the property being served by the holding tank regardless of whether the owner is a charitable, religious, or nonprofit organization.

(B) All permit conditions shall apply to a subsequent owner.

(C) A subsequent owner shall not increase the design flows of the holding and pumpout tank system without approval from the Secretary.

(c) A holding tank may also be used for a project that is eligible for a variance under section 1973 of this title, whether or not the project is publicly owned, if the existing wastewater system has failed, or is expected to fail, and in either instance, if there is no other cost-feasible alternative.

(d) When a holding tank is proposed for use, a designer shall submit all information necessary to demonstrate that the holding tank will comply with the following requirements:

(1) The holding tank shall be capable of holding at least 14 days of the design flow from the building.

(2) The tank shall be constructed of durable materials that are appropriate for the site conditions and the nature of the sewage to be stored.

(3) The tank shall be watertight, including any piping connected to the tank and all access structures connected to the tank. The tank shall be leakage tested prior to being placed in service.

(4) The tank shall be designed to protect against floatation when the tank is empty, such as when it is pumped.

(5) The tank shall be equipped with audio and visual alarms that are triggered when the tank is filled to 75 percent of its design capacity.

(6) The tank shall be located so that it can be reached by tank pumping vehicles at all times when the structure is occupied.

(7) The analysis supports a claim under subdivision (a)(3) of this section.

(e) The permit application shall specify the method and expected frequency of pumping.

(f) Any building or structure served by a holding tank shall have a water meter, or meters, installed that measures all water that will be discharged as wastewater from the building or structure.

(g) Any permit issued for the use of a holding tank will require a designer to periodically inspect the tank, visible piping, and alarms. The designer shall submit a written report to the Secretary detailing the results of the inspection and any repairs or changes in operation that are required. The report also shall detail the pumping history since the previous report, giving the dates of pumping and the volume of wastewater removed. The frequency of inspections and reports shall be stated in the permit issued for the use of the tank, but shall be no less frequent than once per year. The designer also shall inspect the water meter or meters and verify that they are installed, calibrated, and measuring all water that is discharged as wastewater. The designer shall read the meters and compare the metered flow to the pumping records. Any significant deviation shall be noted in the report and explained to the extent possible.

(h) The owner of a holding tank shall maintain a valid contract with a licensed wastewater hauler at all times. The contract shall require the licensed wastewater hauler to provide written notice of dates of pumping and volume of wastewater pumped. Copies of all such notices shall be submitted with the written inspection reports.
10 V.S.A. § 5508 — VT Code / Title 10 / Chapter 124 / Section 5508
§ 5508. Rules
Status: in_force

The Secretary may adopt rules necessary to implement the requirements of this chapter.
10 V.S.A. § 6650 — VT Code / Title 10 / Chapter 159 / Section 6650
§ 6650. Program withdrawal
Status: in_force

(a) An applicant may withdraw from the Program at any time, provided the applicant does all the following:

(1) Files with the Secretary a notice of intent to withdraw from the Program.

(2) Ensures that the site is stabilized. Site stabilization includes any action necessary to ensure that work conducted at the property will not cause greater risk to human health and the environment than existed before the remediation work was begun and to ensure that the property will not pose an imminent hazard to human health or the environment.

(3) Continues to comply with the general obligations of section 6644 of this title.

(b) An applicant may withdraw from the Program after the approval of a corrective action plan and the Secretary has granted personal liability protection as authorized in subsection 6653(b) of this title provided the applicant does all the following:

(1) Meets all the requirements of withdrawal pursuant to subsection (a) of this section.

(2) Records a deed restriction on the property approved by the Secretary. The deed restriction shall include:

(A) any limitations on the uses of the property based on risk-based exposure criteria used in developing the corrective action plan;

(B) prohibitions against physical changes to the property;

(C) a requirement that protective barriers to control remaining sources of contamination be installed and maintained;

(D) restrictions on groundwater use and requirements that alternative water supplies be provided.

(3) Does not engage in an activity at the property that is inconsistent or interferes with the approved corrective action plan.

(4) Does not violate any use restriction imposed on the property by the Secretary.

(5) Promptly reports and addresses contamination caused or exacerbated by a negligent or reckless action during corrective action.
10 V.S.A. § 4402 — VT Code / Title 10 / Chapter 107 / Section 4402
§ 4402. Recommendations of Secretary for closed season; proclamation; special season
Status: in_force

When in the opinion of the Secretary conditions exist that constitute an emergency calling for measures of protection for fish, wildlife, or fur-bearing animals additional to those provided by existing law, the Secretary shall certify the opinion to the Governor and attach therewith a statement of the measures of protection she or he recommends. Upon receipt of such certificate, the Governor by proclamation may suspend or close the open season in whole or in part with respect to any species of fish, wildlife, or fur-bearing animal either throughout the State or in any specified locality or localities or may impose restrictions additional to those already imposed by statute upon the number of any species of fish, wildlife, or fur-bearing animal to be taken.
10 V.S.A. § 6605m — VT Code / Title 10 / Chapter 159 / Section 6605m
§ 6605m. Architectural waste recycling
Status: in_force

(a) Definitions. In addition to the definitions in section 6602 of this chapter, as used in this section:

(1) “Architectural waste” means discarded drywall, metal, asphalt shingles, clean wood, and plywood, and oriented strand board derived from the construction or demolition of buildings or structures.

(2) “Commercial project” means construction, renovation, or demolition of a commercial building or of a residential building with two or more residential units.

(b) Materials recovery requirement. Beginning on or after January 1, 2015, if a person produces 40 cubic yards or more of architectural waste at a commercial project located within 20 miles of a solid waste facility that recycles architectural waste, the person shall:

(1) arrange for the transfer of architectural waste from the project to a certified solid waste facility, which shall be required to recycle the architectural waste or arrange for its reuse unless the facility demonstrates to the Secretary a lack of a market for recycling or reuse and a plan for reentering the market when it is reestablished; or

(2) arrange for a method of disposition of the architectural waste that the Secretary of Natural Resources deems appropriate as an end use, including transfer of the architectural waste to an out-of-state facility that recycles architectural waste and similar materials.

(c) Transition; application. The requirements of this section shall not apply to a commercial project subject to a contract entered into on or before January 1, 2015 for the disposal or recycling of architectural waste from the project.

(d) Guidance on separation of hazardous materials. The Secretary of Natural Resources shall publish informational material regarding the need for a solid waste facility that recycles architectural waste to manage properly and provide for the disposition of hazardous waste and hazardous material in architectural waste delivered to a facility.
10 V.S.A. § 1152 — VT Code / Title 10 / Chapter 45 / Section 1152
§ 1152. Purposes-Article I
Status: in_force

The principal purposes of this compact are: (a) to promote interstate comity among and between the signatory states; (b) to assure adequate storage capacity for impounding the waters of the Connecticut River and its tributaries for the protection of life and property from flood; (c) to provide a joint or common agency through which the signatory states, while promoting, protecting and preserving to each the local interest and sovereignty of the respective signatory states, may more effectively cooperate in accomplishing the object of flood control and water resources utilization in the basin of the Connecticut River and its tributaries.
10 V.S.A. § 7701 — VT Code / Title 10 / Chapter 170 / Section 7701
§ 7701. Department of Environmental Conservation; standard procedures
Status: in_force

The purpose of this chapter is to establish standard procedures for public notice, public meetings, and decisions relating to applications for permits issued by the Department of Environmental Conservation.
10 V.S.A. § 312 — VT Code / Title 10 / Chapter 15 / Section 312
§ 312. Creation of Vermont Housing and Conservation Trust Fund
Status: in_force

There is created a special fund in the State Treasury to be known as the “Vermont Housing and Conservation Trust Fund.” The Fund shall be administered by the Board and expenditures therefrom shall only be made to implement and effectuate the policies and purposes of this chapter. The Fund shall be comprised of 50 percent of the revenue from the property transfer tax under 32 V.S.A. chapter 231 and any monies from time to time appropriated to the Fund by the General Assembly or received from any other source, private or public, approved by the Board. Unexpended balances and any earnings shall remain in the Fund for use in accord with the purposes of this chapter.
10 V.S.A. § 6503 — VT Code / Title 10 / Chapter 157 / Section 6503
§ 6503. Legislative approval
Status: in_force

(a) The Committee shall report to the General Assembly its recommendation to approve or not to approve the petition for the facility together with such additional information and comment it deems appropriate.

(b) Any bill or joint resolution approving a facility under section 6501 of this title shall include findings that the proposed facility:

(1) will promote the general welfare and will not have an undue adverse effect on health, safety, aesthetics, historic sites, air and water purity, the natural environment, and the economy; and

(2) will not unduly interfere with the orderly development of the region with due consideration having been given to the recommendations of the municipal and regional planning commissions and the municipal legislative bodies.

(c) Unless the proposed facility is approved by the General Assembly, no State officer, agency, or department shall undertake to approve or license the proposed facility or undertake to cause or obtain the approval or licensing from any other state or federal governmental agency or board. The appropriate State officers and agencies shall use every proper and available legal means to prevent siting and licensing of such facility until the approval of the General Assembly is obtained.

(d) No temporary storage facility that is a part of a nuclear fission plant approved by the General Assembly pursuant to 30 V.S.A. § 248(e) shall be required to obtain the additional approval required by this section.
10 V.S.A. § 4830 — VT Code / Title 10 / Chapter 113 / Section 4830
§ 4830. Regulations
Status: in_force

The State Fish and Wildlife Board shall adopt rules and regulations relating to application for reimbursement, examination by State fish and wildlife wardens of damage, and reimbursement therefor.
10 V.S.A. § 1027 — VT Code / Title 10 / Chapter 41 / Section 1027
§ 1027. Rulemaking; emergency permit
Status: in_force

(a) The Secretary may adopt rules to implement the requirements of this subchapter.

(b) The Secretary shall adopt rules regarding the permitting of stream alteration activities under this subchapter during a state of emergency declared under 20 V.S.A. chapter 1 or during flooding or other emergency conditions that pose an imminent risk to life or a risk of damage to public or private property. Any rule adopted under this subsection shall comply with National Flood Insurance Program requirements. A rule adopted under this subsection shall include a requirement that an activity receive an individual stream alteration emergency permit or receive coverage under a general stream alteration emergency permit.

(1) A rule adopted under this subsection shall establish:

(A) criteria for coverage under an individual permit and criteria for coverage under a general emergency permit;

(B) criteria for different categories of activities covered under a general emergency permit, including emergency protective measures under subsection 1021(b) of this title;

(C) requirements for public notification of permitted activities, including notification after initiation or completion of a permitted activity;

(D) requirements for coordination with State and municipal authorities; and

(E) requirements that the Secretary document permitted activity, including, at a minimum, requirements for documenting permit terms, documenting permit duration, and documenting the nature of an activity when the rules authorize notification of the Secretary after initiation or completion of the activity.

(2) A rule adopted under this section may:

(A) establish reporting requirements for categories of activities;

(B) authorize an activity that does not require reporting to the Secretary; or

(C) authorize an activity that requires reporting to the Secretary after initiation or completion of an activity.
10 V.S.A. § 4506 — VT Code / Title 10 / Chapter 109 / Section 4506
§ 4506. Disposal order
Status: in_force

If, upon hearing, it appears that such firearm, jack, light, vehicle, and device was used or intended to be used contrary to law, it shall be adjudged forfeited and condemned, and shall be turned over to the game warden or other officer for the benefit of the State as the court shall direct. In the event such device is illegal, such officer shall destroy the same upon order of such court.
10 V.S.A. § 4136 — VT Code / Title 10 / Chapter 103 / Section 4136
§ 4136. Propagation and distribution of fish and wild animals
Status: in_force

The Commissioner shall have charge of the propagation and distribution of fish and wild animals, and shall provide for the construction, maintenance, and operation of fish culture facilities, fishways, screens, and weirs. The Commissioner may introduce fish into waters that are not private preserves. The Commissioner may take and transport fish and wild animals at such times and in such manner as she or he deems proper for the artificial propagation thereof, for scientific purposes, and for the proper management of lands owned by the State and controlled by the Department of Fish and Wildlife. The Commissioner may sell, exchange, or dispose at any time of such fish and wild animals as she or he deems for the best interest of the State.
10 V.S.A. § 6111 — VT Code / Title 10 / Chapter 151 / Section 6111
§ 6111. Rulemaking
Status: in_force

The Board and the Agency may adopt rules to implement the provisions of this subchapter.
10 V.S.A. § 4199 — VT Code / Title 10 / Chapter 103 / Section 4199
§ 4199. Reciprocal assistance agreements
Status: in_force

(a) In this section, “officer” means a game warden, a conservation law enforcement officer, or a person in another state charged with enforcing the fish and wildlife laws of that state.

(b) The Commissioner may enter into a reciprocal assistance agreement with his or her counterpart in any other state. An agreement made under this section shall be for the purpose of cooperating and assisting each other in detecting and apprehending people violating the fish and wildlife or environmental laws of the State, subject to the limitations of section 4193 of this title.

(c) Pursuant to an agreement under this section, the Commissioner may send fish and wildlife wardens into another state for the purpose of assisting the officers of that state and may accept officers of another state into Vermont for the purpose of assisting Vermont wardens.

(d) Under an agreement pursuant to this section:

(1) When a Vermont game warden or an officer of one state enters another state for the purposes of assistance, he or she shall be under the operational control of the chief officer of the host state and shall have the same duties, rights, privileges, and immunities as officers of the host state. An officer of another state operating in Vermont under this section shall have the same powers as a Vermont game warden provided the officer is certified by the Executive Director of the Vermont Criminal Justice Council as meeting the standards established in 20 V.S.A. § 2358 for Vermont law enforcement officers. This subsection does not nullify subsection 4193(b) of this title.

(2) When an officer is serving in another state under this section, the host state shall assume liability to third persons for actions of that officer taken on account of or in connection with a request for assistance hereunder but only to the extent that the host state would be liable for actions of one of its own officers. The home state of the officer shall be responsible for payment of salary, expenses, and injury and death benefits of the officer while on duty in another state.

(e) A reciprocal assistance agreement shall be executed in writing, shall set forth the terms and conditions under which assistance may be requested or rendered and shall remain in full force and effect until terminated by mutual consent of the parties to the agreement, or until 10 days after one of the parties has given notification to another party of intention to terminate the agreement.
10 V.S.A. § 6651 — VT Code / Title 10 / Chapter 159 / Section 6651
§ 6651. Implementation of corrective action plan
Status: in_force

(a) The applicant shall perform all investigation, abatement, remediation, removal, and monitoring activities in accordance with the approved corrective action plan, any amendments to the plan, and all applicable local, State, and federal laws.

(b) If prior to the issuance of the certificate of completion, the applicant through the performance of an approved site investigation or corrective action plan worsens an existing release or threatened release of hazardous materials at the property, or causes a new release or threatened release, the applicant shall immediately notify the Secretary, prepare and submit to the Secretary an amendment to the corrective action plan for investigation, abatement, removal, remediation, and monitoring of the release or threatened release, and carry out the amended corrective action plan as approved by the Secretary.
10 V.S.A. § 7705 — VT Code / Title 10 / Chapter 170 / Section 7705
§ 7705. Time; how computed
Status: in_force

In this chapter:

(1) When time is to be reckoned from a day, date, or an act done, the day, date, or day when the act is done shall not be included in the computation.

(2) Computation of a time period shall use calendar days.
10 V.S.A. § 8017 — VT Code / Title 10 / Chapter 201 / Section 8017
§ 8017. Annual report
Status: in_force

The Secretary and the Attorney General shall report annually to the President Pro Tempore of the Senate, the Speaker of the House, the House Committee on Environment, and the Senate Committee on Natural Resources and Energy. The report shall be filed on or before February 15 on the enforcement actions taken under this chapter and on the status of citizen complaints about environmental problems in the State. The report shall describe at a minimum the number of violations, the actions taken, the disposition of cases, the amount of penalties collected, and the cost of administering the enforcement program. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section.
10 V.S.A. § 2607 — VT Code / Title 10 / Chapter 83 / Section 2607
§ 2607. Natural areas; designation
Status: in_force

(a) The Commissioner, with the approval of the Governor, may designate and set aside areas in the State forests and State parks as natural areas.

(b) “Natural areas” means limited areas of land that have retained their wilderness character, although not necessarily completely natural and undisturbed, or have rare or vanishing species of plant or animal life or similar features of interest that are worthy of preservation for the use of present and future residents of the State and may include unique ecological, geological, scenic, and contemplative recreational areas on State lands.

(c) Land uses and practices in natural areas shall be subject to regulations of the Department to carry out the purposes of this chapter to manage or maintain the areas for the preservation of their natural condition. Areas so designated may be removed from such designation only by approval of the Governor following public notice and hearing.
10 V.S.A. § 5504 — VT Code / Title 10 / Chapter 124 / Section 5504
§ 5504. Educational or scientific use
Status: in_force

The Secretary may permit, under terms and conditions as the Secretary may require, the purchase, sale, offer for sale, or possession with intent to sell of any covered animal part or product for educational or scientific purposes by a bona fide educational or scientific institution, unless the activity is prohibited by federal law and provided that the covered animal part or product was legally acquired.
10 V.S.A. § 1154 — VT Code / Title 10 / Chapter 45 / Section 1154
§ 1154. Powers of Commission-Article III
Status: in_force

The Commission shall constitute a body, both corporate and politic, with full power and authority: (1) to sue and be sued; (2) to have a seal and alter the same at pleasure; (3) to appoint and employ such agents and employees as may be required in the proper performance of the duties hereby committed to it and to fix and determine their qualifications, duties and compensation; (4) to enter into such contracts and agreements and to do and perform any and all other acts, matters and things as may be necessary and essential to the full and complete performance of the powers and duties hereby committed to and imposed upon it and as may be incidental thereto; (5) to have such additional powers and duties as may hereafter be delegated to or imposed upon it from time to time by the action of the legislature of any of said states, concurred in by the legislatures of the other states and by the Congress of the United States.

The Commission shall make, or cause to be made, such studies as it may deem necessary, in cooperation with the corps of engineers and other federal agencies, for the development of a comprehensive plan for flood control and for utilization of the water resources of the Connecticut River Valley.

The Commission shall not pledge the credit of the signatory states or any of them.
10 V.S.A. § 1339 — VT Code / Title 10 / Chapter 47 / Section 1339
§ 1339. Expenses; obligation of signatories-Article VIII
Status: in_force

The signatory states agree to appropriate for the salaries, office, administrative, travel and other expenses such sum or sums as shall be recommended by the Commission. The commonwealth of Massachusetts obligates itself only to the extent of $6,500.00 in any one year, the state of Connecticut only to the extent of $3,000.00 in any one year, the state of Rhode Island only to the extent of $1,500.00 in any one year, and the states of New Hampshire, Maine and Vermont each only to the extent of $1,000.00 in any one year.
10 V.S.A. § 1081 — VT Code / Title 10 / Chapter 43 / Section 1081
§ 1081. Jurisdiction of Department
Status: in_force

(a) Powers and duties. Unless otherwise provided, the powers and duties authorized by this chapter shall be exercised by the Department of Environmental Conservation. Nonfederal dams at which the generation of electric energy is subject to licensing jurisdiction under the Federal Power Act, 16 U.S.C. chapter 12, subchapter 1, and the dam structure is regulated separately from electric generation shall be under the jurisdiction of the Department, except to the extent of regulation at those facilities related solely to electric generation under the Federal Power Act.

(b) Transfer of jurisdiction. Jurisdiction over a federal dam is transferred to the Department when the license or exemption for a federal dam expires or is otherwise.

(c) Transfer of records. Upon transfer of jurisdiction of any dam from the Public Utility Commission to the Department, the Public Utility Commission shall transfer copies of all records pertaining to the subject dam, including record drawings, construction drawings, engineering investigations and analyses, photographs, inspection reports, design, permitting, and emergency action planning documents and any other files pertaining to the subject dam, to the Department in digital and hardcopy format acceptable to the Department within 30 days following the jurisdictional transfer.
10 V.S.A. § 4511 — VT Code / Title 10 / Chapter 109 / Section 4511
§ 4511. Reopening forfeiture proceedings; rehearing; jurisdiction of courts
Status: repealed

(a) At any time within one year after such property shall have been adjudged forfeited, and upon notice to the State's Attorney of the county, a claimant, upon showing that he or she had no knowledge of the hearing, may apply to the court before whom former proceedings were had to have the cause reopened, provided he or she shall give security by way of recognizance to the State, with sufficient sureties, in such sum as the court directs, conditioned that the claimant will prosecute his or her claim to effect and pay the costs awarded against him or her. If, upon rehearing, such claimant establishes his or her claim, the court shall certify to the Commissioner of Finance and Management the amount of such claim, not exceeding the net amount actually realized by the State from the sale of such firearm, motor or other vehicle, or other device and the Commissioner of Finance and Management shall issue his or her warrant therefor.

(b) [Repealed.]
10 V.S.A. § 7713 — VT Code / Title 10 / Chapter 170 / Section 7713
§ 7713. Type 2 Procedures
Status: repealed

(a) Purpose; scope.

(1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when considering applications for individual permits, except for individual permits specifically listed in other sections of this subchapter, and when considering other permits listed in this section.

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

(A) an individual permit issued pursuant to the Secretary's authority under this title and 29 V.S.A. chapter 11, except for permits governed by sections 7712 and 7714-7716 of this chapter;

(B) [Repealed.]

(C) an individual shoreland permit under chapter 49A of this title;

(D) a public water system source permit under section 1675 of this title;

(E) a provisional certification issued under section 6605d of this title; and

(F) a corrective action plan under section 6648 of this title.

(b) Notice of application.

(1) The applicant shall provide notice of the application to adjoining property owners.

(A) For public water system source protection areas, the applicant also shall provide notice to all property owners located in:

(i) zones 1 and 2 of the source protection area for a public community water system source; and

(ii) the source protection area for a public nontransient noncommunity water system source.

(B) For an individual shoreland permit under chapter 49A of this title:

(i) The notice to adjoining property owners shall be to the adjoining property owners on the terrestrial boundary of the shoreland.

(ii) This chapter does not require notice to owners of property across the lake as defined in that chapter.

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

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

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

(e) Notice of final decision. The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the final decision to the bulletin. When the Secretary issues the final decision, the Secretary shall provide a response to comments.
10 V.S.A. § 8001 — VT Code / Title 10 / Chapter 201 / Section 8001
§ 8001. Legislative findings
Status: in_force

The General Assembly finds it necessary to standardize and enhance the enforcement powers of the Secretary of Natural Resources and the enforcement powers of the Land Use Review Board in order to:

(1) enhance the protection of environmental and human health afforded by existing laws;

(2) prevent the unfair economic advantage obtained by persons who operate in violation of environmental laws;

(3) provide for more even-handed enforcement of environmental laws;

(4) foster greater compliance with environmental laws;

(5) deter repeated violation of environmental laws; and

(6) establish a fair and consistent system for assessing administrative penalties.
10 V.S.A. § 1151 — VT Code / Title 10 / Chapter 45 / Section 1151
§ 1151. Preamble
Status: in_force

Whereas, the federal government exercises jurisdiction over the nation's navigable rivers and their tributaries through passage of the Flood Control Act of nineteen hundred and thirty-six and various other acts amendatory thereto; and

Whereas, these acts provide for construction by the United States of dams for flood control and, where feasible, in addition to flood control for storage of water to be used for irrigation, recreation or hydroelectric power or for any of these purposes; and

Whereas, the Connecticut is an interstate river and control of major floods on it can be obtained only by the construction of dams by the United States under authorization of the above mentioned acts; and

Whereas, the Commonwealth of Massachusetts and the States of Connecticut, New Hampshire and Vermont recognize that it is in the interest of their general welfare that the United States construct in the Connecticut River Valley a comprehensive system of local protection works and dams and reservoirs to control floods and prevent loss of life and property, the disruption of orderly processes and the impairment of commerce between the aforesaid states; and

Whereas, the United States has constructed dikes, flood walls and other local protection works at Hartford and East Hartford in the State of Connecticut and at Springfield, Riverdale, West Springfield, Chicopee, Northampton, Holyoke, and Springdale, in the Commonwealth of Massachusetts and dams and reservoirs for the storage of flood waters at Knightville, Birch Hill and Tully in the Commonwealth of Massachusetts, at Surry Mountain in the State of New Hampshire and at Union Village in the State of Vermont and has reached agreements with the state wherein located for construction of dams and reservoirs for the storage of flood waters at Barre Falls in the Commonwealth of Massachusetts and at Ball Mountain and at Townshend in the State of Vermont; and

Whereas, the Congress has at various times authorized construction by the United States of other dams and reservoirs for the storage of flood waters in the Commonwealth of Massachusetts and in the States of New Hampshire and Vermont and has more recently instructed the corps of engineers to determine what additional local protection works and dams and reservoirs are required for a comprehensive system to control floods in the Connecticut River and its tributaries; and

Whereas, it is believed that such a comprehensive flood control system should include dams and reservoirs controlling flood run-off from approximately twenty-five (25) percent of the total drainage area of the Connecticut River above Hartford, Connecticut, and strategically located in reference to characteristics of tributaries and to damage centers; and

Whereas, construction by the United States of additional dams and reservoirs in the Commonwealth of Massachusetts and in the States of New Hampshire and Vermont, to complete such a comprehensive flood control system, will remove from the tax rolls of local governments of those states such property as is acquired by the United States and may work other hardships against the people of Massachusetts, New Hampshire and Vermont; and

Whereas, it is highly desirable that any flood control dam and reservoir constructed by the United States in the Connecticut River Valley have the approval of the state wherein it is located and that states benefiting from construction of such dam and reservoir make reimbursement for such loss of taxes and for such hardships; and

Whereas, a comprehensive system for the prevention of destructive floods and for water resources utilization in the Connecticut River Valley can best be accomplished by cooperation between the several states in the valley and by and through a common and joint agency of said several states;

Now, therefore, the said Commonwealth of Massachusetts and States of Connecticut, New Hampshire and Vermont do hereby enter into the following compact, to-wit:
10 V.S.A. § 1682 — VT Code / Title 10 / Chapter 56 / Section 1682
§ 1682. Private right of action
Status: in_force

The provisions of 18 V.S.A. § 122 shall apply to this chapter.
10 V.S.A. § 4553 — VT Code / Title 10 / Chapter 109 / Section 4553
§ 4553. Information and summons; form
Status: in_force

(a) In all fish and wildlife violations the information and summons may be in the form known as the “Uniform Fish and Wildlife Information.” The Court Administrator shall prepare the form for the uniform fish and wildlife information. The Court Administrator shall be responsible for printing and issuing all uniform fish and wildlife informations to game wardens and other law enforcement officers and he may require them to keep records and make reports concerning the disposition of each uniform fish and wildlife information issued. A game warden or law enforcement officer may void a uniform fish and wildlife information by so marking the information and returning it to the Court Administrator. A prosecuting attorney may dismiss a uniform fish and wildlife game information.

(b) The uniform fish and wildlife information shall consist of five sheets:

(1) the information and warrant, which shall include spaces for the signatures of the game warden or law enforcement officer, the prosecuting attorney, and judge or clerk;

(2) the abstract of the court record, which shall be forwarded to the Commissioner after conviction;

(3) the police record, which shall be a copy of the information;

(4) the prosecutor's record, which shall be a copy of the information;

(5) the summons, which shall include a copy of the information, a waiver, and an explanation of rights.

(c) The reverse sides of the sheets shall contain such information as the court administrator considers necessary.

(d) The uniform fish and wildlife information shall contain the following two paragraphs:

(1) Failure to comply with the instructions contained on this information will result in the suspension of your hunting, fishing, and trapping license or your privilege to take wild animals in this State.

(2) If you admit you have committed a violation of a provision of part 4 of this title relating to the conservation of fish and wildlife you will be liable for a fine and, in addition, your license to hunt, fish, or trap or privilege to hunt, fish, or trap is subject to suspension or revocation as provided by law.

(e) The information form may be used in all cases involving violations of this part whether the case is prosecuted on the information as issued by a game warden, law enforcement officer, or by any other person.
10 V.S.A. § 669g — VT Code / Title 10 / Chapter 27 / Section 669g
§ 669g. Applicability of State laws
Status: in_force

(a) A regional travel and tourism marketing association approved by the Secretary under this chapter shall not be subject to the provisions of 1 V.S.A. subchapter 2 (open meetings) and subchapter 3 (public records).

(b) The provisions of 2 V.S.A. chapter 11 (lobbyist disclosure) shall apply to a regional travel and tourism marketing association.
10 V.S.A. § 4254b — VT Code / Title 10 / Chapter 105 / Section 4254b
§ 4254b. Therapeutic group fishing license
Status: in_force

(a) As used in this section:

(1) “Health care professional” means an individual licensed or certified or otherwise authorized by Vermont law to provide professional health services.

(2) “Health service” means any treatment or procedure delivered by a health care professional to maintain an individual's physical or mental health or to diagnose or treat an individual's physical or mental health condition, including services ordered by a health care professional, chronic care management, preventive care, wellness services, and medically necessary services to assist in activities of daily living.

(3) “Individual representing a long-term care facility” means an employee of a long-term care facility or a person recognized as an official volunteer by the long-term care facility.

(4) “Long-term care facility” means any facility required to be licensed under 33 V.S.A. chapter 71 or a psychiatric facility with a long-term care unit required to be licensed under 18 V.S.A. chapter 43.

(b) The Commissioner may issue an annual therapeutic group fishing license to a health care professional or an individual representing a long-term care facility. A therapeutic group fishing license shall allow up to four persons per day to fish at one time, provided that:

(1) the persons are under the care of a health care professional or are residing in a long-term care facility; and

(2) while fishing, the persons are supervised by the health care professional or the individual representing a long-term care facility who was issued the therapeutic group fishing license.

(c) A person fishing under a therapeutic group fishing license shall not be required to obtain a fishing license under section 4251 of this title but shall be required to comply with all other requirements of this chapter, chapter 111 of this title, and the rules of the Board. When a person or group of persons is fishing under a therapeutic group fishing license, the person or group shall be accompanied at all times by the health care professional or the individual representing a long-term care facility to which the license was issued. The health care professional or individual representing a long-term care facility may assist persons fishing under the license with all aspects of fishing activity. The health care professional or individual representing a long-term care facility shall carry the license at all times while a person is fishing under the license and shall produce the license on demand by any fish and wildlife warden.
10 V.S.A. § 280 — VT Code / Title 10 / Chapter 12 / Section 280
§ 280. Public financing policy
Status: in_force

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

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

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

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

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

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

(b) As used in this chapter, the term “sustainable development” means meeting the needs of the present without compromising the ability of future generations to meet their own needs.
10 V.S.A. § 280y — VT Code / Title 10 / Chapter 12 / Section 280y
§ 280y. Public records
Status: in_force

The Authority shall establish policies and procedures to ensure that information relating to the cost of any qualified project is considered a public record, and subject to the provisions of 1 V.S.A. chapter 5, subchapter 2.
10 V.S.A. § 1982 — VT Code / Title 10 / Chapter 64 / Section 1982
§ 1982. Testing of groundwater sources
Status: in_force

(a) Definition. As used in this section, “groundwater source” means that portion of a potable water supply that draws water from the ground, including a drilled well, shallow well, driven well point, or spring.

(b) Testing prior to new use. Prior to use of a new groundwater source as a potable water supply, the person who owns or controls the groundwater source shall test the groundwater source for the parameters set forth in subsection (c) of this section.

(c) Parameters of testing. A water sample collected under this section shall be analyzed for, at a minimum: arsenic, lead, uranium, gross alpha radiation, total coliform bacteria, total nitrate and nitrite, fluoride, manganese, and any other parameters required by the Agency by rule. The Agency by rule may require testing for a parameter by region or specific geographic area of concern.

(d) Submission of test results. Results of the testing required under subsection (b) shall be submitted, in a form provided by the Department of Health, to the Department of Health and, when required by the Secretary pursuant to a permit, to the Secretary.

(e) Rulemaking. The Secretary, after consultation with the Department of Health, the Wastewater and Potable Water Supply Technical Advisory Committee, private laboratories, and other interested parties, shall adopt by rule requirements regarding:

(1) when, prior to use of a new groundwater source, the test required under subsection (b) of this section shall be conducted;

(2) who shall be authorized to sample the source for the test required under subsections (b) and (c) of this section, provided that the rule shall include the person who owns or controls the groundwater source and licensed well drillers among those authorized to sample the source;

(3) how a water sample shall be collected in order to comply with the requirements of the analyses to be performed; and

(4) any other requirements necessary to implement this section.

(f) Marketability of title. Noncompliance with the requirements of this section shall not affect the marketability of title or create a defect in title of a property, provided water test results required under this section are forwarded, prior to the conveyance of the property, to the Department of Health and, when required by the Secretary pursuant to a permit, to the Agency.
10 V.S.A. § 1089 — VT Code / Title 10 / Chapter 43 / Section 1089
§ 1089. Employment of engineer
Status: in_force

The Department shall employ engineers to perform the duties required under this chapter to adequately provide for public safety.
10 V.S.A. § 7111 — VT Code / Title 10 / Chapter 164 / Section 7111
§ 7111. Hospital mercury reduction plan
Status: in_force

By July 1, 2006, each hospital in Vermont shall submit a mercury reduction plan to the Agency, consistent with guidance provided by the Agency. The plan will cover all patient care sites owned or operated by the hospital. The plan shall identify and quantify mercury use and disposal related to patient care, including equipment and chemicals to the extent known through mercury content information provided by manufacturers or maintained by the Agency through labeling plans and notification. The plan will also set target mercury use reduction goals from the 2002 baseline year and will identify measures to be taken by the hospital to reduce mercury in patient care settings through reductions in use of equipment and chemicals containing mercury and through modifications in the hospital's purchasing policies and procedures with regard to products containing mercury. An updated plan shall be submitted on July 1, 2009 and each three years thereafter. The Agency may exempt a hospital from future plan updates if the hospital has achieved greater than 95 percent reduction in mercury use from the baseline year and has demonstrated to the Agency that written purchasing policies are in place to minimize or eliminate mercury use in products.
10 V.S.A. § 1441 — VT Code / Title 10 / Chapter 49A / Section 1441
§ 1441. Purpose
Status: in_force

The purposes of this chapter shall be to:

(1) provide clear and adaptable standards for the creation of impervious surface or cleared area in lands adjacent to lakes;

(2) prevent degradation of water quality in lakes and preserve natural stability of shoreline;

(3) protect aquatic biota and protect habitat for wildlife and aquatic life;

(4) mitigate, minimize, and manage any impact of new impervious surface and new cleared area on the lakes of the State;

(5) mitigate the damage that floods and erosion cause to development, structures, and other resources in the lands adjacent to lakes;

(6) accommodate creation of cleared areas and impervious surfaces in protected shoreland areas in a manner that allows for reasonable development of existing parcels;

(7) protect shoreland owners' access to, views of, and use of the State's lakes; and

(8) preserve and further the economic benefits and values of lakes and their adjacent shorelands.
10 V.S.A. § 1172 — VT Code / Title 10 / Chapter 45 / Section 1172
§ 1172. Vacancies in Commission membership; power of removal
Status: in_force

The provisions of 3 V.S.A. §§ 257-259 shall apply to vacancies that may occur in the membership of said Commission from this State, and to the power of removal of any such commissioner; except that if a vacancy occurs among such membership, either by death, resignation, removal, or otherwise, between sessions of the General Assembly, the Governor shall have power to fill such vacancy by appointment until March 1 of the next biennial year.
10 V.S.A. § 4705 — VT Code / Title 10 / Chapter 113 / Section 4705
§ 4705. Shooting from motor vehicles or aircraft; shooting from or across highway; permit
Status: in_force

(a) A person shall not take or attempt to take a wild animal by shooting from a motor vehicle, motorboat, airplane, snowmobile, or other motor-propelled craft or any vehicle drawn by a motor-propelled vehicle except as permitted under subsection (e) of this section.

(b)(1) A person shall not carry or possess while in or on a vehicle propelled by mechanical power or drawn by a vehicle propelled by mechanical power within the right-of-way of a public highway any of the following:

(A) a rifle, air rifle, arrow rifle, pre-charged pneumatic rifle, or shotgun containing a loaded cartridge, shell, or other projectile in the chamber, mechanism, or in a magazine, or clip within a rifle or shotgun;

(B) a muzzle-loading rifle or muzzle-loading shotgun that has been charged with powder and projectile and the ignition system of which has been enabled by having an affixed or attached percussion cap, primer, battery, or priming powder, except as permitted under subsections (d) and (e) of this section; and

(C) unless it is uncocked, a crossbow in or on a motor vehicle, motorboat, airplane, snowmobile, or other motor-propelled craft or any vehicle drawn by a motor-propelled vehicle except as permitted under subsection (e) of this section.

(2) A person who possesses a rifle, crossbow, or shotgun, including a muzzle-loading rifle or muzzle-loading shotgun, in or on a vehicle propelled by mechanical power, or drawn by a vehicle propelled by mechanical power within a right-of-way of a public highway shall upon demand of an enforcement officer exhibit the firearm for examination to determine compliance with this section.

(3) As used in this subsection:

(A) “Air rifle” means a .22 or larger caliber device that fires a bullet solely by the use of unignited compressed gas as the propellant.

(B) “Arrow rifle” means a device that fires an arrow or bolt solely by the use of unignited compressed gas as the propellant.

(C) “Pre-charged pneumatic rifle” means an air rifle or arrow rifle for which the propellant is supplied or introduced by means of a source that is physically separate from the air gun or arrow gun.

(c) A person while on or within 25 feet of the traveled portion of a public highway, except a public highway designated Class 4 on a town highway map, shall not take or attempt to take any wild animal by shooting a firearm, a muzzle loader, a bow and arrow, or a crossbow. A person while on or within the traveled portion of a public highway designated Class 4 on a town highway map shall not take or attempt to take any wild animal by shooting a firearm, a muzzle loader, a bow and arrow, or a crossbow. A person shall not shoot a firearm, a muzzle loader, a bow and arrow, or a crossbow over or across the traveled portion of a public highway, except for a person shooting over or across the traveled portion of a public highway from a sport shooting range, as that term is defined in section 5227 of this title, provided that:

(1) the sport shooting range was established before January 1, 2014; and

(2) the operators of the sport shooting range post signage warning users of the public highway of the potential danger from the sport shooting range.

(d) This section shall not restrict the possession or use of a loaded firearm by an enforcement officer in performance of his or her duty.

(e) Subsections (a) and (c) of this section shall not apply to a licensed hunter with paraplegia or who is certified by a physician to be unable to pursue game because of permanent severe physical disability, if he or she obtains a permit as provided in this subsection. The Commissioner on receipt of satisfactory proof of the disability of an applicant may issue a permit under this subsection. This permit shall be attached to the license and shall remain in effect until the death of the holder, unless the Commissioner has reason to believe the permit is misused. The holder of the permit shall carry it at all times while hunting and shall produce it on demand for inspection by any game warden or other law enforcement officer authorized to make arrests. The holder of the permit may take game from a vehicle or boat but only if it is stationary and is not within 10 feet of the traveled portion of a public highway. In no event shall the holder of a permit shoot across the traveled portion of a public highway.

(f) The phrase “public highway,” as used in this section, means roads, including Class 4 roads, shown on the highway maps of the respective towns, made by the Agency of Transportation, but does not include foot trails or private roads.
10 V.S.A. § 243 — VT Code / Title 10 / Chapter 12 / Section 243
§ 243. Security documents
Status: in_force

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

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

(1) the creation and maintenance of reserves;

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

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

(4) the disposition of insurance or condemnation proceeds;

(5) the use of surplus bond proceeds;

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

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

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

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

(c) A security document may limit the rights of bondholders to enforce obligations of the municipality thereunder or under the financing document.
10 V.S.A. § 6673 — VT Code / Title 10 / Chapter 159 / Section 6673
§ 6673. Paint Product Stewardship Program
Status: in_force

(a) A producer or a stewardship organization representing producers shall submit an amended plan for the establishment of a Paint Product Stewardship Program to the Secretary for approval. The plan shall address the following:

(1) Provide a list of participating producers and brands covered by the Program.

(2) Provide specific information on the paint products covered under the Program, such as interior or exterior water- and oil-based coatings, primers, sealers, or wood coatings.

(3) Describe how the Program proposed under the plan will collect, transport, recycle, and process postconsumer paint products for end-of-life management, including recycling, energy recovery, and disposal, using environmentally sound management practices.

(4) Describe the Program and how it will provide for convenient and available statewide collection of postconsumer paint products in urban and rural areas of the State. The producer or stewardship organization shall use the existing household hazardous waste collection infrastructure when selecting collection points for postconsumer paint products. A paint retailer shall be authorized as a paint collection point of postconsumer architectural paint for a Paint Product Stewardship Program if the paint retailer volunteers to act as a collection point and complies with all applicable laws, rules, and regulations.

(5) Provide geographic information modeling to determine the number and distribution of sites for collection of postconsumer architectural paint based on the following criteria:

(A) at least 90 percent of Vermont residents shall have a permanent collection site within a 15-mile radius; and

(B) one additional permanent site will be established for every 10,000 residents of a municipality and additional sites shall be distributed to provide convenient and reasonably equitable access for residents within each municipality, unless otherwise approved by the Secretary.

(6) Establish goals to reduce the generation of postconsumer paint products, to promote the reuse of postconsumer paint products, and for the proper management of postconsumer paint products as practical based on current household hazardous waste program information. The goals may be revised by the producer or stewardship organization based on the information collected for the annual report.

(7) Describe how postconsumer paint products will be managed in the most environmentally and economically sound manner, including following the waste-management hierarchy. The management of paint under the Program shall use management activities that promote source reduction, reuse, recycling, energy recovery, and disposal.

(8) Describe education and outreach efforts to inform consumers of collection opportunities for postconsumer paint products and to promote the source reduction and recycling of paint products for each of the following: consumers, contractors, and retailers.

(b) The producer or stewardship organization shall submit a budget for the Program proposed under subsection (a) of this section, and for any amendment to the plan that would affect the Program's costs. The budget shall include a funding mechanism under which each paint product producer remits to a stewardship organization payment of a paint product stewardship assessment for each product it sells in this State. Prior to submitting the proposed budget and assessment to the Secretary, the producer or stewardship organization shall provide the budget and assessment to a third-party auditor agreed upon by the Secretary. The third-party auditor shall provide a recommendation as to whether the proposed budget and assessment is cost-effective, reasonable, and limited to covering the cost of the Program. The paint product stewardship assessment shall be added to the cost of all paint products sold in Vermont. To ensure that the funding mechanism is equitable and sustainable, a uniform paint product stewardship assessment shall be established for all paint products sold. The paint stewardship assessment shall be the amount established in section 6681 of this title.

(c) Six months after approval of the plan for a Paint Product Stewardship Program required under subsection (a) of this section, a producer of paint products sold at retail or a stewardship organization of which a producer is a member shall implement the approved plan for a Paint Product Stewardship Program.

(d) A producer or a stewardship organization of which a producer is a member shall promote a Paint Product Stewardship Program and provide consumers with educational and informational materials describing collection opportunities for postconsumer paint products statewide and promotion of waste prevention, reuse, and recycling. The educational and informational program shall make consumers aware that the funding for the operation of the Paint Product Stewardship Program has been added to the purchase price of all paint products sold in the State.

(e) A plan approved under this section shall provide for collection of postconsumer paint at no cost to the person from whom the paint product is collected. The program plan also shall provide for the payment of municipalities for collection, processing, and end-of-life management of aerosol coating products, coating-related products, and nonindustrial coatings contained in the receptacle in which the product is offered for retail sale. Collection costs include facility costs, equipment costs, labor, supplies, maintenance, events costs, and event contractor costs, including collection event set-up fees, environmental service fees, insurance fees, and shipping containers and materials.

(f) When a plan or amendment to an approved plan is submitted under this section, the Secretary shall make the proposed plan or amendment available for public review and comment for at least 30 days.

(g) A producer or paint stewardship organization shall submit to the Secretary for review, in the same manner as required under subsection 6675(a) of this title, an amendment to an approved plan when there is:

(1) an addition to or removal of a category of products covered under the Program; or

(2) a revision of the product stewardship organization's goals.

(h) A plan approved by the Secretary under section 6675 of this title shall have a term not to exceed five years, provided that the producer remains in compliance with the requirements of this chapter and the terms of the approved plan.

(i) In addition to the requirements specified in subsection (a) of this section, a stewardship organization shall notify the Secretary in writing within 30 days after any change to:

(1) the number of collection sites for postconsumer paint products identified under this section as part of the plan;

(2) the producers identified under this section as part of the plan;

(3) the brands of paint products identified under this section as part of the plan; and

(4) the processors that manage postconsumer paint products identified under this section as part of the plan.

(j) Upon submission of a plan to the Secretary under this section, a producer or a stewardship organization shall pay the fee required by 3 V.S.A. § 2822(j)(31). Thereafter, the producer or stewardship organization shall pay the fee required by 3 V.S.A. § 2822(j)(31) annually on or before July 1 of each year.
10 V.S.A. § 280v — VT Code / Title 10 / Chapter 12 / Section 280v
§ 280v. Termination of the Program; remaining assets and liabilities
Status: in_force

The Program shall continue until terminated by law; provided, however, that no such law shall take effect so long as there shall be outstanding bonds secured by the fund unless adequate provision has been made for the payment or satisfaction thereof. Upon termination of the Program, assets that remain after provision for the payment or satisfaction of all bonds issued pursuant to this subchapter shall vest in the State, in the Transportation Fund and General Fund in equal proportion to the percentages of funds initially invested in the bank. For the purpose of this section only, federal transportation funds invested in the bank shall be considered State transportation funds.
10 V.S.A. § 922 — VT Code / Title 10 / Chapter 37 / Section 922
§ 922. Water quality implementation planning and targets
Status: in_force

(a) After listing a water as impaired on the list of waters required by 33 U.S.C. § 1313(d), the Secretary shall include in the implementation plan for the water a strategy for returning the water to compliance with the Vermont Water Quality Standards. With respect to a water that is impaired due to sources outside the State or if there is insufficient data or no data available to quantify reductions required by this subchapter, the Secretary shall not be required to implement the requirements of this subchapter; however, the Secretary shall provide an alternate strategy for attaining water quality standards in the implementation plan for the water. For waters determined to be subject to this subchapter, the Secretary shall include the following in an implementation plan:

(1) An evaluation of whether implementation of existing regulatory programs will achieve water quality standards in the impaired water. If the Secretary determines that existing regulatory programs will not achieve water quality standards, the Secretary shall determine the amount of additional pollutant reduction necessary to achieve water quality standards in that water. When making this determination, the Secretary may express the pollutant reduction in a numeric reduction or through defining a clean water project that must be implemented to achieve water quality standards.

(2) An allocation of the pollutant reduction identified under subdivision (a)(1) of this section to each basin and the clean water service provider assigned to that basin pursuant to subsection 924(a) of this title. When making this allocation, the Secretary shall consider the sectors contributing to the water quality impairment in the impaired water's boundaries and the contribution of the pollutant from regulated and nonregulated sources within the basin. Those allocations shall be expressed in annual pollution reduction goals and five-year pollution reduction targets as checkpoints to gauge progress and adapt or modify as necessary.

(3) A determination of the standard cost per unit of pollutant reduction. The Secretary shall publish a methodology for determining standard cost pollutant reductions. The standard cost shall include the costs of project identification, project design, and project construction.

(b)(1) The Secretary shall conduct the analysis required by subsection (a) of this section for previously listed waters as follows:

(A) For phosphorous in the Lake Champlain watershed, not later than November 1, 2021.

(B) For phosphorous in the Lake Memphremagog watershed, not later than November 1, 2022.

(2) By not later than November 1, 2023, the Secretary shall adopt a schedule for implementing the requirements of this subchapter in all other previously listed impaired waters, including Lake Carmi, not set forth in subdivision (1) of this subsection.

(c) When implementing the requirements of this section, the Secretary shall follow the type 3 notice process established in section 7714 of this title.
10 V.S.A. § 280l — VT Code / Title 10 / Chapter 12 / Section 280l
§ 280l. Applications for financial assistance
Status: in_force

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

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

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

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

(3) state the economic development benefit;

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

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

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

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

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

(2) if the Legislature is not in session, the project is approved by a committee, composed of the Joint Fiscal Committee, the Chair of the House Committee on Transportation or designee, and the Chair of the Senate Committee on Transportation or designee.
10 V.S.A. § 7151 — VT Code / Title 10 / Chapter 164A / Section 7151
§ 7151. Definitions
Status: in_force

As used in this chapter:

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

(2) “Covered entity” means any person who presents to a collection facility that is included in an approved plan:

(A) any number of compact fluorescent mercury-containing lamps; or

(B) 10 or fewer mercury-containing lamps that are not compact fluorescent lamps.

(3) “Lamp” means an electric lamp, including mercury-containing lamps, incandescent lamps, halogen lamps, and light-emitting diode lamps.

(4) “Manufacturer” means a person who:

(A) manufactures or manufactured a mercury-containing lamp under its own brand or label for sale in the State;

(B) sells in the State under its own brand or label a mercury-containing lamp produced by another supplier;

(C) owns a brand that it licenses or licensed to another person for use on a mercury-containing lamp sold in the State;

(D) imports into the United States for sale in the State a mercury-containing lamp manufactured by a person without a presence in the United States;

(E) manufactures a mercury-containing lamp for sale in the State without affixing a brand name; or

(F) assumes the responsibilities, obligations, and liabilities of a manufacturer as defined under subdivisions (A) through (E) of this subdivision (4), provided that the Secretary may enforce the requirements of this chapter against a manufacturer defined under subdivisions (A) through (E) of this subdivision (4) if a person who assumes the manufacturer's responsibilities fails to comply with the requirements of this chapter.

(5) “Mercury-containing lamp” means a general purpose lamp to which mercury is intentionally added during the manufacturing process. “Mercury-containing lamp” does not mean a lamp used for medical, disinfection, treatment, or industrial purposes.

(6) “Program year” means the period from July 1 through June 30.

(7) “Retailer” means a person who sells a mercury-containing lamp to a person in the State through any means, including a sales outlet, a catalogue, the telephone, the Internet, or any electronic means.

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

(9) “Sell” or “sale” means any transfer for consideration of title or of the right to use by lease or sales contract a mercury-containing lamp to a person in the State of Vermont. “Sell” or “sale” does not include the sale, resale, lease, or transfer of a used mercury-containing lamp or a manufacturer's or a distributor's wholesale transaction with a distributor or a retailer.

(10) “Stewardship organization” means an organization, association, or entity that has developed a system, method, or other mechanism which assumes the responsibilities, obligations, and liabilities under this chapter of multiple manufacturers of mercury-containing lamps.
10 V.S.A. § 1673 — VT Code / Title 10 / Chapter 56 / Section 1673
§ 1673. Prohibitions
Status: in_force

(a) A person shall not alter, expand, or otherwise modify an existing public water system or public water source without a permit from the Secretary.

(b) A person shall not construct a new public water system or public water source or change an existing water system or source into a public water system or public water source without a permit from the Secretary.

(c) A person shall not operate a public water system or public water source without a permit from the Secretary.

(d) As of July 1, 1993, a person shall not operate a public water system unless the Secretary has certified the person as a public water system operator pursuant to this chapter.

(e) A person shall not operate or maintain a public water system or public water source in a manner that causes or allows that system or source to be at risk of damage or contamination.

(f) A person shall not sell imported or domestic containerized, bottled, or packaged drinking water in the State of Vermont unless:

(1) the water and the source and system of the imported water is regulated by drinking water standards or requirements substantially equivalent to or more stringent than standards or requirements established by the Secretary pursuant to subsection 1672(b) of this title and the importer of the water has presented certification of such standards;

(2) the water and the source and system of the domestic drinking water meet the standards or requirements established by the Secretary pursuant to subsection 1672(b) of this title; and

(3) the name, source, and the location of the bottler of spring, artesian, or municipal water are identified.
10 V.S.A. § 1353 — VT Code / Title 10 / Chapter 47 / Section 1353
§ 1353. CAFO permit requirements and exemptions
Status: in_force

(a) The discharge of manure, litter, or process wastewater to waters of the State from a permitted CAFO as a result of the application of that manure, litter, or process wastewater by the CAFO to land areas under its control is a discharge from that CAFO subject to VPDES permit requirements, except where it is an agricultural stormwater discharge as provided under the federal Clean Water Act. For purposes of this subsection, where the manure, litter, or process wastewater has been applied in accordance with the federal regulations under the Clean Water Act, a precipitation-related discharge of manure, litter, or process wastewater from land areas under the control of a CAFO is an agricultural stormwater discharge. For unpermitted Large CAFOs, a precipitation-related discharge of manure, litter, or process wastewater from land areas under the control of the CAFO shall be considered an exempt agricultural stormwater discharge only where the manure, litter, or process wastewater has been land applied in accordance with site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater, as determined by the Secretary.

(b) All MFOs and LFOs shall maintain documentation of a nutrient management plan and practices on site or at a nearby office and make the documentation readily available to the Secretary upon request.

(c) The presumption in 6 V.S.A. § 4810(b) that farms in compliance with the Agency of Agriculture, Food and Markets' Required Agricultural Practices Rule are not discharging is not applicable to any AFO determined by the Secretary's decision to be a CAFO.
10 V.S.A. § 6612 — VT Code / Title 10 / Chapter 159 / Section 6612
§ 6612. Penalties
Status: in_force

(a) Any person who violates any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order of certification granted by the Secretary shall be subject to a criminal penalty not to exceed $25,000.00 or imprisonment for not more than six months, or both.

(b) Any person who violates any provision of this chapter relating to solid or hazardous waste management, the rules adopted under this chapter, or the terms or conditions of any order relating to solid or hazardous waste management or terms and conditions of any solid or hazardous waste facility certification shall be subject to a civil penalty not to exceed $10,000.00.

(c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof may be deemed a separate and distinct offense.

(d) Any person who commits any of the following in violation of any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order or certification under this title shall be subject to a criminal penalty not to exceed $250,000.00 or imprisonment for not more than five years, or both:

(1) the knowing or reckless transport, treatment, storage, or disposal of any hazardous waste;

(2) the knowing or reckless transport, treatment, storage, or disposal of more than one cubic yard of solid waste or more than 275 pounds of solid waste;

(3) the knowing or reckless release of any hazardous material.
10 V.S.A. § 2509 — VT Code / Title 10 / Chapter 81 / Section 2509
§ 2509. Status of persons rendering aid; liability; reimbursement; compensation and death benefits-Article IX
Status: in_force

Whenever the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of such state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid.

No member state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.

All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of employees and equipment incurred in connection with such request. Provided, that nothing herein contained shall prevent any assisting member state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving member state without charge or cost.

Each member state shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.

For the purposes of this compact the term employee shall include any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws thereof.

The Commission shall formulate procedures for claims and reimbursement under the provisions of this article.

Aid by a member state to an area subject to federal jurisdiction beyond the borders of such state shall not be required under this compact unless substantially the same provisions of this article relative to powers, liabilities, losses and expenses in connection with such aid are embodied in federal laws.
10 V.S.A. § 241 — VT Code / Title 10 / Chapter 12 / Section 241
§ 241. Powers of municipalities
Status: in_force

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

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

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

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

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

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

(6) To acquire and to enter into commitments to acquire any federally guaranteed security and to pledge or otherwise use any such federally guaranteed security in such manner as the Authority shall approve to secure or otherwise provide a source of repayment on any of its bonds or to enter into any appropriate agreement with one or more users whereby the municipality may make a loan to any such user for the purposes of enabling such user to fund or refund directly or indirectly, the cost of acquiring or entering into commitments to acquire any federally guaranteed security; provided, however, that the federally guaranteed security is evidence of a federally insured project loan or, if not such evidence, that the Authority determines that the federally guaranteed security has been issued to pass through a federally insured project loan.
10 V.S.A. § 713 — VT Code / Title 10 / Chapter 31 / Section 713
§ 713. Publication of results of referendum; determination of feasibility
Status: in_force

The Council shall publish the result of such referendum and, if a majority of the votes cast at the referendum is for the establishment of a district, and the Council determines that the operation of such district is administratively practicable and feasible, it shall record in its minutes such determination and shall proceed with the organization of the district. In making such determination, the Council shall give due regard to the attitudes of the owners of lands lying within the defined boundaries, and the proportion of the votes cast in such referendum in favor of the creation of the district, the probable expense of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination.
10 V.S.A. § 4135 — VT Code / Title 10 / Chapter 103 / Section 4135
§ 4135. Finances, accounts
Status: in_force

(a) All monies received by the Commissioner shall be deposited into the State Treasury and credited to the Fish and Wildlife Fund.

(b) All payments by the Commissioner from the Fish and Wildlife Fund shall be disbursed from the State Treasury only upon warrants issued by the Commissioner of Finance and Management, after receipt of proper documentation regarding services rendered and expenses incurred.
10 V.S.A. § 4042 — VT Code / Title 10 / Chapter 103 / Section 4042
§ 4042. Commissioner; appointment
Status: in_force

The Commissioner shall be appointed pursuant to the provisions of 3 V.S.A. § 2851. The Commissioner shall also be Executive Secretary of the Board.
10 V.S.A. § 5219 — VT Code / Title 10 / Chapter 119 / Section 5219
§ 5219. Shooting regulations on regulated grounds
Status: in_force

Such permit shall entitle the holder or holders thereof, and their guests, to kill or take, by shooting or falconry, the small game propagated or purchased and released on the premises.
10 V.S.A. § 669b — VT Code / Title 10 / Chapter 27 / Section 669b
§ 669b. Applications for regional travel and tourism marketing association grants
Status: in_force

A qualified regional travel and tourism marketing association may apply to the Secretary, on a form provided by the Secretary, for a grant under this chapter. The applicant may be required to submit with the application, or at any time during the grant period, any information that the Secretary determines is necessary or desirable to consider the application, assess the effectiveness of the grant, or to carry out the purposes of this chapter.
10 V.S.A. § 4654 — VT Code / Title 10 / Chapter 112 / Section 4654
§ 4654. Connecticut River Atlantic Salmon Commission-Article III
Status: in_force

Each state joining herein shall appoint two representatives to a commission hereby constituted and designated as the Connecticut River Atlantic Salmon Commission. One shall be the executive officer of the administrative agency of such state charged with the management of the fisheries resources to which this Compact pertains or his or her designee. The second shall be a citizen who shall have a knowledge and interest in Atlantic salmon to be appointed by the Governor for a term of three years. The Director of the Northeast Region of the Fish and Wildlife Service, U.S. Department of the Interior or his designee and the Director of the Northeast Region of the National Marine Fisheries Service, U.S. Department of Commerce or his or her designee shall be members of said Commission. The Commission shall be a body corporate with the powers and duties set forth herein.
10 V.S.A. § 4902 — VT Code / Title 10 / Chapter 113 / Section 4902
§ 4902. Wild birds generally; no open season; exception
Status: in_force

(a) Wild birds, other than pigeons, shall not be taken, possessed, bought, or sold, at any time, except as provided by this part, rules of the Board, or orders of the Commissioner.

(b) Harm or death of a migratory bird listed as protected in the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 as of July 1, 2020, that results from human activity where the intent was not to harm or kill the bird, but where bird harm or death was a direct and foreseeable result of the activity, is prohibited. Nothing in this section shall require the Department to implement a new permitting program.
10 V.S.A. § 739 — VT Code / Title 10 / Chapter 31 / Section 739
§ 739. Divided portion as new district
Status: in_force

When the portion to be divided from a district consists of more than three adjacent towns, the divided portion may either become a separate district or be combined with an existing district as provided in section 738 of this title. When the State Council has determined that it is administratively feasible and practicable for the divided portion to become a separate district and by resolution has declared such a change to be in effect, it shall appoint two supervisors for each of the new districts. The procedure outlined in section 738 shall then be followed in completing the organization of the two new districts and in apportioning the assets, rights, and properties of the divided district among the new districts.
10 V.S.A. § 4140 — VT Code / Title 10 / Chapter 103 / Section 4140
§ 4140. Closing waters during spawning
Status: in_force

Not less than 10 days prior to and continuing 10 days after the usual spawning periods of any species of game or food fish, the Commissioner may close portions of waters where such species congregate preparatory to or during the spawning season.
10 V.S.A. § 1171 — VT Code / Title 10 / Chapter 45 / Section 1171
§ 1171. Connecticut River Valley Flood Control Commission; appointment; term of office
Status: in_force

The Connecticut River Valley Flood Control Commission shall consist of three members. Biennially, in the month of February, the Governor, by and with the advice and consent of the Senate, shall appoint one member of the Commission whose term of office shall be six years from and after March 1 of the year in which he or she is appointed.
10 V.S.A. § 1322 — VT Code / Title 10 / Chapter 47 / Section 1322
§ 1322. Installation, repair, removal, and sale of buoys, docks, or floating structures
Status: in_force

(a) Encapsulation required. Expanded polystyrene foam used for flotation, including buoys, docks, or floating structures, shall be encapsulated by a protective covering or shall be designed to prevent the expanded polystyrene foam from disintegrating into the water.

(b) Prohibition; unencapsulated polystyrene and open-cell (beaded) polystyrene; repair. No person shall use unencapsulated polystyrene or open-cell (beaded) polystyrene for the installation of a new buoy, dock, or floating structure on the waters of the State. Unencapsulated polystyrene materials and open-cell beaded polystyrene shall not be used for the repair of buoys, docks, or floating structures on waters of the State.

(c) Methods of encapsulation.

(1) Encapsulation of a buoy, dock, or floating structure required under subsection (a) of this section shall completely cover or be a physical barrier between the expanded polystyrene foam and the water. Small gaps up to 0.75-inch-diameter ballast holes are permitted in the physical barrier or covering provided they are 0.1 percent or less of the square footage of the buoy, dock, or floating structure.

(2) All materials and methods of encapsulation shall provide an effective physical barrier between the expanded polystyrene foam and the water for a period not less than 10 years. Any fasteners used to hold encapsulation materials together shall be effectively treated or be of a form resistant to corrosion and decay.

(d) Disposal. Irreparable encapsulated polystyrene, unencapsulated polystyrene, and irreparable encapsulated open-cell (beaded) polystyrene used for flotation, including buoys, docks, or floating structures, shall be properly disposed of in an approved manner.

(e) Sale or distribution. No person shall sell, offer for sale, or otherwise distribute for compensation within the State dock floats, mooring buoys, or anchor or navigation markers made, in whole or in part, from expanded polystyrene foam that is:

(1) not wholly encapsulated or encased within a more durable material; or

(2) open-cell (beaded) polystyrene, including materials that are encapsulated and unencapsulated.
10 V.S.A. § 6231 — VT Code / Title 10 / Chapter 153 / Section 6231
§ 6231. Rules
Status: repealed

(a) [Repealed.]

(b) The Department may adopt rules to carry out the provisions of this chapter.

(c) A mobile home park that has been closed pursuant to section 6237a of this title and reduced to no more than two occupied leased lots shall be required, if the number of occupied leased lots subsequently is increased to more than two, to obtain all State land use and environmental permits required for a mobile home park that has been established or expanded after May 31, 1970.
10 V.S.A. § 2641 — VT Code / Title 10 / Chapter 83 / Section 2641
§ 2641. Town forest fire wardens; appointment and removal
Status: in_force

(a) Upon approval by the selectboard and acceptance by the appointee, the Commissioner shall appoint a town forest fire warden for a term of five years or until a successor is appointed. A town forest fire warden may be reappointed for successive five-year terms by the Commissioner or until a successor is approved by the selectboard and appointed by the Commissioner. The warden may be removed for cause at any time by the Commissioner with the approval of the selectboard. A warden shall comply with training requirements established by the Commissioner.

(b) The Commissioner may appoint a forest fire warden for an unorganized town or gore, who shall serve for a term of five years or until a successor is appointed. An appointed forest fire warden for an unorganized town or gore may be reappointed for successive five-year terms by the Commissioner until the Commissioner appoints and the unorganized town or gore approves a successor. The warden may be removed for cause at any time by the Commissioner with the approval of the unorganized town or gore. The forest fire warden of an unorganized town or gore shall have the same powers and duties as town forest fire wardens and shall be subject to the requirements of this subchapter.

(c) When there are woodlands within the limits of a city, the chief of the fire department of such city shall act as the city forest fire warden with all the powers and duties of town forest fire wardens.

(d) When the Commissioner deems it difficult in any municipality for one warden to take charge of protecting the entire municipality from forest fires, he or she may appoint one or more deputy forest fire wardens. Such wardens under the direction of the fire warden shall have the same powers, duties, and pay and make the same reports through the fire warden to the Commissioner as forest fire wardens.

(e) The Commissioner may appoint special forest fire wardens who shall hold office during the pleasure of the Commissioner. Such fire wardens shall have the same powers and duties throughout the State as town forest fire wardens, except that all expenses and charges incurred on account of their official acts shall be paid from the appropriations for the Department.
10 V.S.A. § 5506 — VT Code / Title 10 / Chapter 124 / Section 5506
§ 5506. Administrative penalties; referral for criminal enforcement
Status: in_force

(a) The Secretary may assess the following administrative penalties for a violation of a provision of this chapter:

(1) For a first offense, a person shall be assessed an administrative penalty of not more than $1,000.00 nor less than $400.00.

(2) For a second offense or subsequent offense, a person shall be assessed an administrative penalty of not more than $4,000.00 nor less than $2,000.00.

(b) Instead of bringing an environmental enforcement action for a violation of this chapter or rules adopted under this chapter, the Secretary may refer a violation of this chapter to the Commissioner of Fish and Wildlife for criminal enforcement under section 4518 of this title.
10 V.S.A. § 721 — VT Code / Title 10 / Chapter 31 / Section 721
§ 721. Terms, vacancies, compensation
Status: in_force

The supervisors shall designate a chair and, from time to time, may change the designation. One supervisor shall be elected each year for a term of five years. A supervisor shall continue to hold office until a successor has been elected or appointed and has qualified. Vacancies resulting from any cause shall be filled by appointment for the unexpired terms by the remaining supervisors. A majority of the supervisors shall constitute a quorum. A supervisor shall be entitled to receive compensation for services at a rate not to exceed the per diem rate as defined by 32 V.S.A. § 1010(b). A supervisor shall also be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of duties, from such district funds as are available. The supervisors, acting through the Council, may call upon the Attorney General of the State for such legal services as they may require, including rendering opinions and providing defense to suits.
10 V.S.A. § 2507 — VT Code / Title 10 / Chapter 81 / Section 2507
§ 2507. Officers and employees; rules; annual meetings; quorum; sections-Article VII
Status: in_force

The Commission shall annually elect from its members a chair and a vice chair. The Commission shall appoint such officers or employees as may be required to carry the provisions of this compact into effect, shall fix and determine their duties, qualifications and compensation, and may at its pleasure, remove or discharge any such officer or employee. The Commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place but must meet at least once a year.

A majority of the members of the Commission representing a majority of the signatory states shall constitute a quorum for the transaction of its general business, but no action of the Commission imposing any obligation on any signatory state shall be binding unless a majority of the members from such signatory state shall have voted in favor thereof. For the purpose of conducting its general business, voting shall be by state units.

The representatives of any two or more member states, upon notice to the Chairman as to the time and purpose of the meeting, may meet as a section for the discussion of problems common to those states.

Sections established by groups of member states shall have the same powers with respect to officers, employees and the maintenance of offices as are granted by this article to the Commission. Sections may adopt such rules, regulations, and procedures as may be necessary for the conduct of their business.
10 V.S.A. § 1222 — VT Code / Title 10 / Chapter 46 / Section 1222
§ 1222. General provisions-Article I
Status: in_force

A. Statement of policy. It is recognized that municipalities in New Hampshire and Vermont may, in order to avoid duplication of cost and effort, and, in order to take advantage of economies of scale, find it necessary or desirable to enter into an arrangement whereby joint solid waste disposal and resource recovery facilities are constructed and maintained. The states of New Hampshire and Vermont recognize the value of and the need for such a cooperative agreement to capture the economic benefits of reduced solid waste disposal costs and to enhance the economy through a reduction in demand for imported energy and the promotion of employment. Furthermore, the states of New Hampshire and Vermont recognize the value of and the need for such a cooperative agreement to maintain a safe and healthy environment, including a clean and renewable supply of the water resources.

B. Requirement of administrative and congressional approval. This compact shall not become effective until approved by the administrator of the U.S. Environmental Protection Agency and the U.S. Congress.

C. Definitions.

1. “Resource recovery facility” shall mean any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise, separating and preparing solid waste for reuse.

2. “Municipalities” shall mean in Vermont a municipality as defined in 1 V.S.A. § 126 and a union municipal district established under the authority of 24 V.S.A. chapter 121; shall mean in New Hampshire a public agency as defined in RSA 53-A:2 and a regional refuse disposal district established under the authority of RSA 53-B.

3. “Solid waste agencies” shall mean those agencies within New Hampshire and Vermont possessing authority to regulate solid waste disposal and to administer the Resource Conservation and Recovery Act of 1976, as amended (42 USCA Chapter 82).

4. “Sanitary landfills” shall mean a facility for the disposal of solid waste that meets the criteria published under 42 USCA § 6944 of the Resource Conservation and Recovery Act of 1976, as amended.

5. “Solid waste” shall mean any garbage, refuse, metal goods, tires, demolition and construction waste, yard waste, and sludge from a waste water treatment plant, or other discarded materials, possessing no value to the producer in its present form where it is located, produced by normal residential, commercial, and industrial activities, but does not include hazardous waste.

6. “Hazardous waste” shall mean any solid, semi-solid, liquid, or contained gaseous waste, or any combination of these wastes, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may: (a) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed, or any waste classified as hazardous at any time under applicable laws and regulations of the United States, New Hampshire, and Vermont or any subdivision thereof pursuant to a valid grant of authority.
10 V.S.A. § 712 — VT Code / Title 10 / Chapter 31 / Section 712
§ 712. Referendum
Status: in_force

(a) If after the Council has found and recorded a determination that there is need, in the interest of the public health, safety and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall hold a referendum within the proposed district upon the question of the creation of the district. Due notice of the proposed district meeting shall be given for a vote upon the following question:

Shall a natural resources conservation district of the lands below described and lying in the county (counties) of .................... and .................... be created?

The vote shall be by ballot in the following form:

Shall a natural resources conservation district of the lands below described and lying in the county (counties) of .................... and .................... be created?

YES □ NO □

(b) The ballot shall set forth the boundaries of such proposed district as determined by the committee. All owners of lands lying within the boundaries of the territory, as determined by the State Natural Resources Conservation Council, shall be eligible to vote in such referendum. In writing signed by him, a landowner may designate a person to vote for him at any meeting herein authorized and such designated person shall file such written authority with the Council before voting. The Council shall pay all expenses for the issuance of such notices and the conduct of such hearings, and shall supervise the conduct of such hearings.
10APPENDIX V.S.A. § 3 — VT Code / Title 10APPENDIX / Chapter 1 / Section 3
App. § 3. Rabbit, squirrel; sale
Status: in_force

A person shall not buy or sell wild rabbit or gray squirrel at any time.
10 V.S.A. § 1424a — VT Code / Title 10 / Chapter 49 / Section 1424a
§ 1424a. Outstanding resource waters
Status: repealed

(a) The Secretary, on his or her own motion, may hold a public hearing on the question of whether particular waters should be designated as outstanding resource waters, or whether an existing designation should be amended or repealed. On receipt of a signed written request, the Secretary shall consider the adoption, amendment, or repeal of rules regarding outstanding resource water designation and shall take appropriate action as required under 3 V.S.A. § 806. Any hearing shall be held convenient to the waters in question, or in a county where the waters are located.

(b) Any hearing shall be conducted as part of the rulemaking process established under 3 V.S.A. chapter 25.

(c) [Repealed.]

(d) In making its rulemaking decision, the Secretary may consider, but shall not be limited to considering, the following:

(1) existing water quality and current water quality classification;

(2) the presence of aquifer protection areas;

(3) the waters' value in providing temporary water storage for flood water and storm runoff;

(4) the waters' value as fish habitat;

(5) the waters' value in providing or maintaining habitat for threatened or endangered plants or animals;

(6) the waters' value in providing habitat for wildlife, including stopover habitat for migratory birds;

(7) the presence of gorges, rapids, waterfalls, or other significant geologic features;

(8) the presence of scenic areas and sites;

(9) the presence of rare and irreplaceable natural areas;

(10) the presence of known archeological sites;

(11) the presence of historic resources, including those designated as historic districts or structures;

(12) existing usage and accessibility of the waters for recreational, educational, and research purposes and for other public uses;

(13) studies, inventories and plans prepared by local, regional, statewide, national, or international groups or agencies, that indicate the waters in question merit protection as outstanding resource waters;

(14) existing alterations, diversions or impoundments by permit holders under State or federal law.

(e) After consideration of all relevant information, the Secretary shall adopt rules designating the waters as outstanding resource waters if it finds that they have exceptional natural, recreational, cultural, or scenic values. Designation as outstanding resource waters shall not invalidate the terms of existing permits issued by the State or federal government.
10 V.S.A. § 4601 — VT Code / Title 10 / Chapter 111 / Section 4601
§ 4601. Taking fish; possession
Status: in_force

A person shall not take fish, except in accordance with this part and regulations of the Board, or possess a fish taken in violation of this part or regulations of the Board.
10 V.S.A. § 4576 — VT Code / Title 10 / Chapter 109 / Section 4576
§ 4576. Violation report; assessment of points
Status: in_force

The Bureau shall send a report of each finding of a minor fish and wildlife violation to the Commissioner of the Fish and Wildlife Department. Such a finding shall be prima facie evidence of a violation and shall result in assessment of points and suspension or revocation of the person's license pursuant to section 4502 of this title.
10 V.S.A. § 1090 — VT Code / Title 10 / Chapter 43 / Section 1090
§ 1090. Construction supervision
Status: in_force

The construction, alteration, or other action authorized in section 1086 of this title shall be supervised by an engineer employed by the applicant. Upon completion of the authorized project, the engineer shall provide confirmation to the Department that the project has been completed in general accordance with the approved plans and specifications and dam order conditions.
10 V.S.A. § 1929 — VT Code / Title 10 / Chapter 59 / Section 1929
§ 1929. Regulation of large heating oil tanks
Status: in_force

The Secretary shall establish tank registration requirements for underground storage tanks of greater than 1,100 gallons that are or have been used to contain fuel oil for on-premises heating purposes.
10 V.S.A. § 4050 — VT Code / Title 10 / Chapter 103 / Section 4050
§ 4050. Watershed Management Account
Status: repealed

(a) There is created a Watershed Management Account within the Fish and Wildlife Fund for the purpose of protecting the Lake Champlain, Lake Memphremagog, and Connecticut River and Hudson River watersheds. The Account shall consist of:

(1) receipts from sale of conservation motor vehicle registration plates pursuant to 23 V.S.A. § 304b;

(2) any gifts, grants, or contributions made to the account;

(3) funds that may be appropriated by the General Assembly.

(b) Interest from the Account shall be credited annually to the Watershed Management Account and the amount in the Account shall carry over from year to year.

(c) The Commissioner may make expenditures from the Account in the form of grants to local or regional governments or governmental agencies, or nonprofit or citizen groups for the following purposes:

(1) protection of fish and wildlife habitats;

(2) improvement of water quality and protection of shorelines;

(3) provision of recreational access and trails within the watershed areas;

(4) identifying and protecting historic and cultural resources in the watershed areas;

(5) activities that educate people about watershed resources and protection and that encourage citizen participation in protecting watershed resources;

(6) monitoring of fish and wildlife populations of watershed resources and water quality.

(d) [Repealed.]
10 V.S.A. § 919 — VT Code / Title 10 / Chapter 37 / Section 919
§ 919. Wetlands program reports
Status: in_force

(a) On or before April 30, 2025, and annually thereafter, the Secretary of Natural Resources shall submit to the House Committee on Environment and to the Senate Committee on Natural Resources and Energy a report on annual losses and gains of significant wetlands in the State. The report shall include:

(1) the location and acreage of Class II wetland and buffer losses permitted by the Agency in accordance with section 913 of this title, for which construction of the permitted project has commenced;

(2) the acreage of Class II wetlands and buffers gained through permit-related enhancement and restoration;

(3) the number of site visits and technical assistance calls conducted by the Agency of Natural Resources, the number of permits processed by the Agency, and any enforcement actions that were taken by the Agency or the Office of the Attorney General in the previous year for violations of this chapter; and

(4) an updated mitigation summary of the extent of wetlands restored on-site compared with compensation performed off-site, in-lieu fees paid, or conservation.

(b) On or before April 30, 2027, and every five years thereafter, the Agency of Natural Resources shall submit to the House Committee on Environment and to the Senate Committee on Natural Resources and Energy a comprehensive report on the status of wetlands in the State. The report shall include:

(1) an analysis of historical trends of wetlands, including data analyzing the projects for which wetland permits were issued by county and tactical basin;

(2) the results of each NWI Plus Mapping Project, including net acres mapped, dominant vegetative composition, connected tributaries, locations of confirmed ground truthing, if applicable, and any other hydrologic soil or vegetative observations or trends noted; and

(3) relevant updates related to Class I and Class II wetlands to include additional wetlands identified under these categories, their composition and general characteristics, potential threats, patterns of use, and other unique features.
10 V.S.A. § 7153 — VT Code / Title 10 / Chapter 164A / Section 7153
§ 7153. Annual report; plan audit
Status: in_force

(a) Annual report. At the end of each program year, a manufacturer of a mercury-containing lamp shall submit an annual report to the Secretary that contains the following:

(1) A description of the collection program.

(2) The number and type of mercury-containing lamps collected and the collection facility from which the lamps were collected.

(3) An estimate of the number of mercury-containing lamps available for collection and the methodology used to develop this number. Sales data and other confidential business information provided under this section shall not be subject to inspection and review pursuant to 1 V.S.A. chapter 5, subchapter 3 (access to public records). Confidential information shall be redacted from any final public report.

(4) The steps that the manufacturer has taken during the past program year to improve the collection rate and life cycle performance of mercury-containing lamps.

(b) Plan audit. Once every five years, the manufacturer shall hire an independent third party to audit the plan and plan operation. The auditor shall examine the effectiveness of the program in collecting and disposing of mercury-containing lamps. The auditor shall examine the cost-effectiveness of the program and compare it to that of collection programs for mercury-containing lamps in other jurisdictions. The auditor shall make recommendations to the Secretary on ways to increase program efficacy and cost-effectiveness.
10 V.S.A. § 901 — VT Code / Title 10 / Chapter 37 / Section 901
§ 901. Water resources management policy
Status: in_force

It is hereby declared to be the policy of the State that:

(1) the water resources of the State shall be protected; regulated; and, where necessary, controlled under authority of the State in the public interest and to promote the general welfare;

(2) the wetlands of the State shall be protected, regulated, and restored so that Vermont achieves a net gain of wetlands acreage; and

(3) regulation and management of the water resources of the State, including wetlands, should be guided by science, and authorized activities in water resources and wetlands should have a net environmental benefit to the State.