10 V.S.A. § 1315 — VT Code / Title 10 / Chapter 47 / Section 1315
§ 1315. Lake in Crisis Response Program Fund
Status: in_force

(a) There is created a special fund known as the Lake in Crisis Response Program Fund to be administered by the Secretary of Natural Resources. The Fund shall consist of:

(1) funds that may be appropriated by the General Assembly; and

(2) other gifts, donations, or funds received from any source, public or private, dedicated for deposit into the Fund.

(b) The Secretary shall use monies deposited in the Fund for the Secretary's implementation of a crisis response plan for a lake in crisis and for financial assistance under section 1313 of this title to persons subject to a lake in crisis order.

(c) Notwithstanding the requirements of 32 V.S.A. § 588(3) and (4), interest earned by the Fund and the balance of the Fund at the end of the fiscal year shall be carried forward in the Fund and shall not revert to the General Fund.
10 V.S.A. § 663 — VT Code / Title 10 / Chapter 27 / Section 663
§ 663. Administration
Status: in_force

(a) The Department of Economic Development, through the Vermont Department of Tourism and Marketing, shall administer the travel promotion matching funds program with such flexibility so as to bring about the most effective and economical travel promotion program possible. The Department shall adopt rules and procedures necessary and appropriate to the proper operation of the matching funds program. These rules shall also establish which travel promotion organizations are eligible to apply for matching funds.

(b) The Department shall make available complete instructions as to the applicant's duties and responsibilities and shall establish forms necessary to carry out the purposes of this chapter.
10 V.S.A. § 2702 — VT Code / Title 10 / Chapter 85 / Section 2702
§ 2702. Value-added forest products; financial assistance
Status: in_force

The Commissioner shall award grants of up to $10,000.00 to applicants engaged in adding value to forest products within the State. A grant awarded under this section may be used by the applicant to pay for expenses associated with State and local permit application costs, project consultation costs, engineering and siting costs, and expert witness analysis and testimony necessary for permitting.
10 V.S.A. § 715 — VT Code / Title 10 / Chapter 31 / Section 715
§ 715. Establishment of district as governmental subdivision; certificate
Status: in_force

The Secretary of State shall file and record the application and statement in an appropriate book of record in his or her office. When the application and statement have been filed and recorded, the district shall constitute a governmental subdivision of this State and a public body corporate and politic, for the purposes set forth in this chapter. Without cost, the Secretary of State shall make and issue to the supervisors a certificate, under the seal of the State, of the due organization of the district, and shall record a copy of such certificate with the application and statement.
10 V.S.A. § 280e — VT Code / Title 10 / Chapter 12 / Section 280e
§ 280e. State Infrastructure Bank Program
Status: in_force

(a) There is created a State Infrastructure Bank Program, to be a program to assist the improvement, rehabilitation, expansion, and construction of transportation projects within the State to contribute to the economic welfare of the State by providing jobs and other economic opportunities for the people of the State and enhancing economic development, particularly in downtown areas.

(b)(1) A State infrastructure bank board is established within the Vermont Economic Development Authority to administer the State Infrastructure Bank Program.

(2) The Board shall consist of two legislators and nine other members: the State Treasurer, the Secretary of Transportation or designee, the Secretary of Commerce and Community Development or designee, one member of the Authority, one member from the Agency of Transportation Planning Division, one member who is a member of the board of a regional development corporation approved under 24 V.S.A. chapter 76, one member who is a member of a regional planning commission created under 24 V.S.A. chapter 117, subchapter 3, two members at large, one Representative appointed by the Speaker of the House, and one Senator appointed by the Committee on Committees. Selection of Board members shall be made with consideration toward geographic representation from throughout the State. Board members, other than legislators and State agency officials or designees, shall be appointed by the Governor, with the advice and consent of the Senate, to five-year terms, except that the Governor shall stagger initial appointments so that the terms of no more than two members expire during a calendar year. Legislative members shall be appointed on or before January 15 of the first year of each legislative session. A quorum shall consist of six members. Members disqualified from voting shall be considered present for purposes of determining a quorum. No action of the Board 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 four members vote in favor of the action.

(3) Board members who are not otherwise compensated in the course of their employment shall be compensated and receive reimbursement for necessary expenses in the same manner provided for members of the board of the Economic Development Authority under subsection 213(e) of this title.

(c)(1) The Board shall adopt such rules or guidelines as it deems necessary to carry out the purposes of the program.

(2) A majority vote of Board members present and voting shall be necessary to approve a loan or bond issuance.

(3) The Secretary of Transportation can veto any approval of the Board if he or she presents objections to the Board based upon the lack of compliance with federal law governing this Program.

(4) The Authority shall assign a State Infrastructure Bank Coordinator from the staff of the Authority to manage the Program. The Coordinator shall be responsible for administration of the Program in accordance with the policies and rules of the Board. The Coordinator may have other responsibilities within the Authority that are outside this Program. The Coordinator may examine any records relating to applications and may conduct such program and fiscal audits as the Coordinator deems necessary.
10 V.S.A. § 4742a — VT Code / Title 10 / Chapter 113 / Section 4742a
§ 4742a. Youth deer hunting weekend
Status: in_force

(a) The Board shall designate by rule a youth deer hunting weekend prior to opening day of the regular deer season.

(b) A person who is 15 years of age or under on the weekend of the hunt and who has successfully completed a hunter safety course may take one wild deer during youth deer hunting weekend in accordance with the rules of the Board. In order to hunt under this section, a young person shall also hold a valid hunting license under section 4255 of this title, hold a youth deer hunting tag, and be accompanied by an unarmed adult who holds a valid Vermont hunting license and who is over 18 years of age. An adult accompanying a youth under this section shall accompany not more than two young people at one time.

(c) Each year, the Board shall determine whether antlerless deer may be taken under this section in any deer management unit or units. A determination under this subsection shall be made by rule, shall be based on the game management study conducted pursuant to section 4081 of this title, and, notwithstanding subsection (g) of that section, may allow taking of antlerless deer.

(d) No person shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.

(e) Before the first youth deer hunting weekend and after each fall hunting season, the Department shall collect information on youth deer hunting weekend during the regional public hearings held pursuant to subsection 4081(f) of this title. Information relative to the public's knowledge and concerns about the deer herd shall be gathered. The Board shall administer youth deer hunting weekend, by deer management unit, based on public input and scientific information.

(f) The scheduled amount of a fine under section 4555 of this title shall be doubled for a violation of this section, and the fine shall be assessed against the licensed adult who is accompanying the youth pursuant to subsection (b) of this section and who has the youth hunter in his or her charge.

(g) As used in this section, “accompany,” “accompanied,” or “accompanying” means direct control and supervision, including the ability to see and communicate with the youth hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses. While hunting, an individual who holds a valid hunting license under subsection 4254(b) of this title shall accompany no more than two youth hunters at a time.
10 V.S.A. § 6615a — VT Code / Title 10 / Chapter 159 / Section 6615a
§ 6615a. Diligent and appropriate investigation for hazardous materials
Status: in_force

(a) Except as provided for in subsection (b) of this section, a diligent and appropriate investigation, as that term is used in subsection 6615(e) of this title, means, for all properties, an investigation where an owner or operator of a property conforms to the standard developed by the Secretary by rule for a diligent and appropriate investigation. If no standard exists, the owner or operator of a property shall conform to one of the following:

(1) the all appropriate inquiry standard set forth in 40 C.F.R. Part 312, as amended; or

(2) the current standard for phase I environmental site assessments established by the American Society for Testing and Materials.

(b) In the case of residential property used for residential purposes, diligent and appropriate investigation shall mean a facility inspection and title search that:

(1) reveal no basis for further investigation; and

(2) do not reveal that the property was used for or was part of a larger parcel that was used for commercial or industrial purposes.
10 V.S.A. § 5404 — VT Code / Title 10 / Chapter 123 / Section 5404
§ 5404. Endangered Species Committee
Status: in_force

(a) A committee on endangered species is created to be known as the Endangered Species Committee and shall consist of nine members, including the Secretary of Agriculture, Food and Markets, the Commissioner of Fish and Wildlife, the Commissioner of Forests, Parks and Recreation, and six members appointed by the Governor from the public at large. Of the six public members, two shall be actively engaged in agricultural or silvicultural activities, two shall be knowledgeable concerning flora, and two shall be knowledgeable concerning fauna. Members appointed by the Governor shall be entitled to reimbursement for expenses incurred in the attendance of meetings, as approved by the Chair. The Chair of the Committee shall be elected from among and by the members each year. Members who are not employees of the State shall serve terms of three years, except that the Governor may make appointments for a lesser term in order to prevent more than two terms from expiring in any year.

(b) The Endangered Species Committee shall advise the Secretary on all matters relating to endangered and threatened species, including whether to alter the lists of endangered and threatened species, how to protect those species, and whether and where to designate critical habitat.

(c) The Agency of Natural Resources shall provide the Endangered Species Committee with necessary staff services.
10 V.S.A. § 6608a — VT Code / Title 10 / Chapter 159 / Section 6608a
§ 6608a. Economic poisons
Status: in_force

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

(b) The Secretary of Natural Resources shall not adopt rules concerning the management of waste economic poisons that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976 without the concurrence of the Secretary of Agriculture, Food and Markets.

(c) Nothing in this section is intended to interfere with the Secretary of Agriculture, Food and Markets' authority relating to insecticides, fungicides, and rodenticides under 6 V.S.A. chapter 81 and relating to pesticides under 6 V.S.A. chapter 87 or shall prohibit the Secretary of Agriculture, Food and Markets from adopting rules concerning the management of waste economic poisons that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976. Nothing in this section is intended to interfere with the Agency of Transportation's authority under section 6607 of this title.
10 V.S.A. § 4451 — VT Code / Title 10 / Chapter 108 / Section 4451
§ 4451. Adoption of Compact
Status: in_force

The Wildlife Violator Compact is hereby enacted into law and entered into by the State of Vermont with any and all states legally joining therein in accordance with its terms. The Compact is substantially as follows:

ARTICLE I

Findings, Declaration of Policy and Purpose

(a) The party states find that:

(1) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors.

(2) The protection of their respective wildlife resources can be materially affected by the degree of compliance with state statute or rule relating to the management of those resources.

(3) The preservation, protection, management, and restoration of wildlife contributes immeasurably to the aesthetic, recreational, and economic aspects of these natural resources.

(4) Wildlife resources are valuable without regard to political boundaries; therefore, all persons should be required to comply with wildlife preservation, protection, management, and restoration statutes, rules, and other law of all party states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap, or possess wildlife.

(5) Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.

(6) The mobility of many wildlife law violators necessitates the maintenance of channels of communications among the various states.

(7) A person who is cited for a wildlife violation in a state other than the person's home state:

(A) may be required to post collateral or bond to secure appearance for a trial at a later date;

(B) if unable to post collateral or bond, may be taken into custody until the collateral or bond is posted; or

(C) may be taken directly to court for an immediate appearance.

(8) The purpose of the enforcement practices described in subdivision (7) of this subsection is to ensure compliance with the terms of a wildlife citation by the person who, if permitted to continue on the person's way after receiving the citation, could return to the person's home state and disregard the person's duty under the terms of the citation.

(9) A person receiving a wildlife citation in the person's home state is permitted to accept the citation from the officer at the scene of the violation and to continue immediately on the person's way after agreeing or being instructed to comply with the terms of the citation.

(10) The practice described in subdivision (7) of this subsection causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial, or pay the fine, and thus is compelled to remain in custody until some alternative arrangement can be made.

(11) The enforcement practices described in subdivision (7) of this subsection consume an undue amount of law enforcement time.

(b) It is the policy of the party states to:

(1) Promote compliance with the statutes, rules, and other applicable law relating to management of wildlife resources in their respective states.

(2) Recognize the suspension of wildlife license privileges or rights of any person whose license privileges or rights have been suspended by a party state and treat this suspension as if it had occurred in the person's home state.

(3) Allow violators to accept a wildlife citation, except as provided in subsection (b) of Article III of this Compact, and be released without delay whether or not the person is a resident in the state in which the citation was issued, provided that the violator's home state is party to this Compact.

(4) Report to the appropriate party state any conviction that would subject a person to suspension and that is recorded against any person whose home state was not the issuing state.

(5) Allow the home state to recognize and treat a conviction that would subject a person to suspension and that is recorded for their residents and which occurred in another party state as if the conviction had occurred in the home state.

(6) Extend cooperation to its fullest extent among the party states for obtaining compliance with the terms of a wildlife citation issued in one party state to a resident of another party state.

(7) Maximize effective use of law enforcement personnel and information.

(8) Assist court systems in the efficient disposition of wildlife violations.

(c) The purpose of this Compact is to:

(1) Provide a means through which the party states may participate in a reciprocal program to effectuate policies enumerated in subsection (b) of this article in a uniform and orderly manner.

(2) Provide for the fair and impartial treatment of wildlife violators operating within party states in recognition of the person's right of due process and the sovereign status of a party state.

ARTICLE II

Definitions

The definitions in this article apply throughout this Compact and are intended only for the implementation of this Compact:

(1) “Citation” means any summons, complaint, ticket, penalty assessment, or other official document issued by a wildlife officer or other peace officer for a wildlife violation containing an order which requires the person to respond.

(2) “Collateral” means any cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation.

(3) “Compliance” with respect to a citation means the act of answering the citation through appearance at a court, a tribunal, or payment of fines, costs, and surcharges, if any, or both such appearance and payment.

(4) “Conviction” means a conviction, including any court conviction, of any offense related to the preservation, protection, management, or restoration of wildlife which is prohibited by state statute, rule, or other relevant law, or a forfeiture of bail, bond, or other security deposited to secure the appearance by a person charged with having committed any such offense, or payment of a penalty assessment, or a plea of nolo contendere, or the imposition of a deferred or suspended sentence by the court.

(5) “Court” means a court of law.

(6) “Home state” means the state of primary residence of a person.

(7) “Issuing state” means the party state which issues a wildlife citation to the violator.

(8) “License” means any license, permit, or other public document that conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, rule, or other relevant law of a party state.

(9) “Licensing authority” means the department within each party state authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.

(10) “Party state” means any state which enacts legislation to become a member of this wildlife compact.

(11) “Personal recognizance” means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of that citation.

(12) “State” means any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, provinces of Canada, or other countries.

(13) “Suspension” means any revocation, denial, or withdrawal of any or all license privileges or rights, including the privilege or right to apply for, purchase, or exercise the benefits conferred by any license.

(14) “Terms of the citation” means those conditions and options expressly stated upon the citation.

(15) “Wildlife” means all species of animals, including but not necessarily limited to mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as “wildlife” and are protected or otherwise regulated by statute, rule, or other relevant law in a party state. “Wildlife” also means food fish and shellfish as defined by statute, rule, or other relevant law in a party state. Species included in the definition of “wildlife” vary from state to state and determination of whether a species is “wildlife” for the purposes of this Compact shall be based on state law.

(16) “Wildlife law” means any statute, law, regulation, ordinance, or administrative rule developed and enacted to manage wildlife resources and the use thereof.

(17) “Wildlife officer” means any individual authorized by a party state to issue a citation for a wildlife violation.

(18) “Wildlife violation” means any cited violation of a statute, rule, or other relevant law developed and enacted to manage wildlife resources and the use thereof.

ARTICLE III

Procedures for Issuing State

(a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a party state in the same manner as if the person were a resident of the home state and shall not require the person to post collateral to secure appearance, subject to the exceptions contained in subsection (b) of this article, if the officer receives the person's personal recognizance that the person will comply with the terms of the citation.

(b) Personal recognizance is acceptable:

(1) If not prohibited by local law or the rules of the Department of Fish and Wildlife; and

(2) If the violator provides adequate proof of the violator's identification to the wildlife officer.

(c) Upon conviction of a wildlife violation subject to suspension or upon failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the party state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state.

(d) Upon receipt of the report of conviction or noncompliance required by subsection (c) of this article, the licensing authority of the issuing state shall transmit to the licensing authority in the home state of the violator the information in a form and content specified by the Department of Fish and Wildlife in rule.

ARTICLE IV

Procedures for Home State

(a) Upon receipt of a report of a failure to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator, shall initiate a suspension action in accordance with the home state's enforcement procedures, and shall suspend the violator's license privileges or rights until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards will be accorded.

(b) Upon receipt of a report of conviction of a wildlife violation subject to suspension from the licensing authority of the issuing state, the licensing authority of the home state shall enter such conviction in its records according to current procedure and shall treat such conviction as if it occurred in the home state for the purposes of the suspension of license privileges and for the purposes of the term of the suspension of privileges.

(c) The licensing authority of the home state shall maintain a record of actions taken and make reports to issuing states as provided in rules adopted by the Department of Fish and Wildlife.

ARTICLE V

Reciprocal Recognition of Suspension

All party states shall recognize the suspension of license privileges or rights of any person by any party state as if the violation on which the suspension is based had in fact occurred in the person's home state and would have been the basis for suspension of license privileges or rights in his or her home state.

ARTICLE VI

Applicability of Other Laws

Except as expressly required by provisions of this Compact, nothing herein shall be construed to affect the right of any party state to apply any of its laws relating to license privileges to any person or circumstance, or to invalidate or prevent any agreement or other cooperative arrangements between a party state and a nonparty state concerning wildlife law enforcement.

ARTICLE VII

Compact Administrator Procedures

(a) For the purpose of administering the provisions of this Compact and to serve as a governing body for the resolution of all matters relating to the operation of this Compact, a Board of Compact Administrators is established. The Board of Compact Administrators shall be composed of one representative from each of the party states to be known as the compact administrator. The Compact administrator shall be appointed by the head of the licensing authority of each party state, except that in Vermont the Compact administrator shall be appointed according to 10 V.S.A. § 4452, and will serve and be subject to removal in accordance with the laws of the state the administrator represents. A Compact administrator may provide for the discharge of the administrator's duties and the performance of the administrator's functions as a Board of Compact Administrators' member by an alternate. An alternate may not be entitled to serve unless written notification of the alternate's identity has been given to the Board of Compact Administrators.

(b) Each member of the Board of Compact Administrators shall be entitled to one vote. No action of the Board of Compact Administrators shall be binding unless taken at a meeting at which a majority of the total number of votes on the Board of Compact Administrators are cast in favor thereof. Action by the Board of Compact Administrators shall be only at a meeting at which a majority of the party states are represented.

(c) The Board of Compact Administrators shall elect annually, from its membership, a chairperson and vice chairperson.

(d) The Board of Compact Administrators shall adopt bylaws, not inconsistent with the provisions of this Compact or the laws of a party state, for the conduct of its business and shall have the power to amend and rescind its bylaws.

(e) The Board of Compact Administrators may accept for any of its purposes and functions under this Compact all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and may receive, utilize, and dispose of the same.

(f) The Board of Compact Administrators may contract with or accept services or personnel from any governmental or intergovernmental agency, individual, firm, corporation, or any private nonprofit organization or institution.

(g) The Board of Compact Administrators shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this Compact. All procedures and forms adopted pursuant to Board of Compact Administrators' action shall be contained in the rules adopted by the Department of Fish and Wildlife.

ARTICLE VIII

Entry Into Compact and Withdrawal

(a) This Compact shall become effective when it has been adopted by at least two states.

(b)(1) Entry into the Compact shall be made by an act or resolution of ratification executed by the authorized officials of the applying state and submitted to the Chairperson of the Board of Compact Administrators.

(2) The act or resolution shall include statements that in substance are as follows:

(A) A citation of the authority by which the state is empowered to become a party to this Compact;

(B) Agreement to comply with the terms and provisions of the Compact; and

(C) That Compact entry is with all states then party to the Compact and with any state that legally becomes a party to the Compact.

(3) The effective date of entry shall be specified by the applying state, but shall not be less than 60 days after notice has been given by the Chairperson of the Board of Compact Administrators or by the Secretariat of the Board of Compact Administrators to each party state that has received the resolution from the applying state.

(c) A party state may withdraw from this Compact by official written notice to the other party states, but a withdrawal shall not take effect until 90 days after notice of withdrawal is given. The notice shall be directed to the Compact administrator of each member state. No withdrawal shall affect the validity of this Compact as to the remaining party states.

ARTICLE IX

Amendments to the Compact

(a) This Compact may be amended from time to time. Amendments shall be presented in resolution form to the Chairperson of the Board of Compact Administrators and may be initiated by one or more party states.

(b) Adoption of an amendment shall require endorsement by all party states and shall become effective 30 days after the date of the last endorsement.

(c) Failure of a party state to respond to the Compact Chairperson within 120 days after receipt of the proposed amendment shall constitute endorsement.

ARTICLE X

Construction and Severability

This Compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of any party state or of the United States, or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the Compact shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state thereto, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

ARTICLE XI

Compact Title

This Compact shall be known as the Wildlife Violator Compact.
10 V.S.A. § 249 — VT Code / Title 10 / Chapter 12 / Section 249
§ 249. Remedies
Status: in_force

Except as provided in any financing or security document entered into or any bond issued under this subchapter, each of the parties to the financing or security document or any bondholder may enforce the obligation of any other person to him or her under the bond or instrument by appropriate legal proceedings in a court of competent jurisdiction. A receiver may be appointed for an eligible facility in any such proceeding.
10 V.S.A. § 590 — VT Code / Title 10 / Chapter 24 / Section 590
§ 590. Definitions
Status: in_force

As used in this chapter:

(1) “Adaptation” means reducing vulnerability and advancing resilience through planned and implemented enhancements to, or avoiding degradation of, natural and built systems and structures.

(2) “Greenhouse gas” has the same meaning as in section 552 of this title.

(3) “Mitigation” means reduction of anthropogenic greenhouse gas emissions, and preservation and enhancement of natural systems to sequester and store carbon, in order to stabilize and reduce greenhouse gases in the atmosphere.

(4) “Resilience” means the capacity of individuals, communities, and natural and built systems to withstand and recover from climatic events, trends, and disruptions.
10 V.S.A. § 6615e — VT Code / Title 10 / Chapter 159 / Section 6615e
§ 6615e. Relief for contaminated potable water supplies
Status: in_force

(a) Definitions. As used in this section:

(1) “Public water system” means any system or combination of systems owned or controlled by a person that provides drinking water through pipes or other constructed conveyances to the public and that has at least 15 service connections or serves an average of at least 25 individuals daily for at least 60 days out of the year. A “public water system” includes all collection, treatment, storage, and distribution facilities under the control of the water supplier and used primarily in connection with the system, and any collection or pretreatment storage facilities not under the control of the water supplier that are used primarily in connection with the system. “Public water system” shall also mean any part of a system that does not provide drinking water, if use of such a part could affect the quality or quantity of the drinking water supplied by the system. “Public water system” shall also mean a system that bottles drinking water for public distribution and sale.

(2) “Public community water system” means a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

(b) Extension of public community water system.

(1) The Secretary, after due consideration of cost, may initiate a proceeding under this section to determine whether a person that released perfluorooctanoic acid into the air, groundwater, surface water, or onto the land is liable for the costs of extending the water supply of a public water system to an impacted property. A person who released perfluorooctanoic acid shall be liable for the extension of a municipal water line when:

(A) the property is served by a potable water supply regulated under chapter 64 of this title;

(B) the Secretary has determined that the potable water supply on the property:

(i) is a failed supply under chapter 64 of this title due to perfluorooctanoic acid contamination; or

(ii) is likely to fail due to contamination by perfluorooctanoic acid due to the proximity of the potable water supply to other potable water supplies contaminated by perfluorooctanoic acid or due to other relevant factors; and

(C) the person the Secretary determined released perfluorooctanoic acid into the air, groundwater, surface water, or onto the land is a cause of or contributor to the perfluorooctanoic acid contamination or likely contamination of the potable water supply.

(2) A person liable for the extension of a public water system under this section shall be strictly, jointly, and severally liable for all costs associated with that public water system extension. The remedy under this section is in addition to those provided by existing statutory or common law.

(c) Liability payment.

(1) Following notification of liability by the Secretary, a person liable under subsection (b) of this section for the extension of the water supply of a public water system shall pay the owner of the public water system for the extension of the water supply within 30 days of receipt of a final engineering design or within an alternate time frame ordered by the Secretary.

(2) If the person liable for the extension of the water supply does not pay the owner within the time frame required under subdivision (1) of this subsection, the person shall be liable for interest on the assessed cost of the extension of the water supply.

(d) Available defenses; rights. All defenses to liability and all rights to contribution or indemnification available to a person under section 6615 of this title are available to a person subject to liability under this section.
10 V.S.A. § 594 — VT Code / Title 10 / Chapter 24 / Section 594
§ 594. Cause of action
Status: in_force

(a) Any person may commence an action based upon the failure of the Secretary of Natural Resources to adopt or update rules pursuant to the deadlines in section 593 of this chapter.

(1) The action shall be brought pursuant to Rule 75 of the Vermont Rules of Civil Procedure in the Civil Division of the Superior Court of Washington County.

(2) The complaint shall be filed within one year after expiration of the time in which the Secretary of Natural Resources was required to adopt or update rules pursuant to section 593 of this chapter. However, a person shall not commence an action under this subsection until at least 60 days after providing notice of the alleged violation to the Secretary.

(3) If the court finds that the Secretary has failed to adopt or update rules pursuant to the deadlines in section 593 of this chapter, the court shall enter an order directing the Secretary to adopt or update rules. If the court finds that the Secretary is taking prompt and effective action to adopt or update rules, the court may grant the Secretary a reasonable period of time to do so.

(b) Any person may commence an action alleging that rules adopted by the Secretary pursuant to section 593 of this chapter have failed to achieve the greenhouse gas emissions reductions requirements pursuant to section 578 of this title.

(1) The action shall be brought in the Civil Division of the Superior Court of Washington County.

(2) The complaint shall be filed within one year after the Vermont Greenhouse Gas Emission Inventory and Forecast published pursuant to section 582 of this title indicates that the rules adopted by the Secretary have failed to achieve the greenhouse gas emissions reductions requirements pursuant to section 578 of this title. However, a person shall not commence an action under this subsection until at least 60 days after providing notice of the alleged violation to the Secretary.

(3) If the court finds that the rules adopted by the Secretary pursuant to section 593 of this chapter are a substantial cause of failure to achieve the greenhouse gas emissions reductions requirements pursuant to section 578 of this title, the court shall enter an order remanding the matter to the Secretary to adopt or update rules that achieve the greenhouse gas emissions reductions requirements consistent with this chapter. If the court finds that the Secretary is taking prompt and effective action to comply, the court may grant the Secretary a reasonable period of time to do so.

(c) In an action brought pursuant to this section, a prevailing party or substantially prevailing party:

(1) that is a plaintiff shall be awarded reasonable costs and attorney's fees unless doing so would not serve the interests of justice; or

(2) that is a defendant may be awarded reasonable costs and attorney's fees if the action was frivolous or lacked a reasonable basis in law or fact.

(d) Nothing in this section shall be construed to limit the rights, procedures, and remedies available under any law, including the Vermont Administrative Procedure Act pursuant to 3 V.S.A. chapter 25.
10 V.S.A. § 6030 — VT Code / Title 10 / Chapter 151 / Section 6030
§ 6030. Map of wireless telecommunications facilities
Status: in_force

The Board shall maintain a map that shows the location of all wireless telecommunications facilities in the State.
10 V.S.A. § 4142 — VT Code / Title 10 / Chapter 103 / Section 4142
§ 4142. Test waters; notices
Status: repealed

(a) For the purpose of securing data relative to the propagation of fish, the Commissioner may designate as test waters streams and ponds within the State. He or she shall cause notices of the designation of any pond or stream as a test water to be published in a newspaper circulating in the vicinity thereof at least three times not more than 30 nor less than five days before the effective date of such designation and to be posted conspicuously on the banks or shores of such waters. Such notices shall state the dates between which such waters are designated as test waters and shall contain such portions of the laws relating to test waters as may be desirable to inform the public of the restrictions thereon.

(b) Fishing in such test waters shall be in accordance with regulations of the Commissioner.

(c) [Repealed.]
10 V.S.A. § 1086 — VT Code / Title 10 / Chapter 43 / Section 1086
§ 1086. Determination of public good; certificates
Status: repealed

(a) “Public good” means the greatest benefit of the people of the State. In determining whether the public good is served, the Department shall give due consideration to public safety and, among other things, the effect the proposed project will have on:

(1) the quantity, kind, and extent of cultivated agricultural land that may be rendered unfit for use by or enhanced by the project, including both the immediate and long-range agricultural land use impacts;

(2) scenic and recreational values;

(3) fish and wildlife;

(4) forests and forest programs;

(5) [Repealed.]

(6) the existing uses of the waters by the public for boating, fishing, swimming, and other recreational uses;

(7) the creation of any hazard to navigation, fishing, swimming, or other public uses;

(8) the need for cutting clean and removal of all timber or tree growth from all or part of the flowage area;

(9) the creation of any public benefits;

(10) attainment of the Vermont water quality standards;

(11) any applicable State, regional, or municipal plans;

(12) municipal grand lists and revenues; and

(13) in the case of the proposed removal of a dam that formerly related to or was incident to the generation of electric energy, but that was not subject to a memorandum of understanding dated prior to January 1, 2006 relating to its removal, the potential for and value of future power production.

(b) If the Department finds that the project proposed under section 1082 of this title will serve the public good and, in case of any waters designated by the Secretary as outstanding resource waters, will preserve or enhance the values and activities sought to be protected by designation, the agency shall issue its order approving the application. The order shall include conditions for attainment of water quality standards, as determined by the Agency of Natural Resources, and such other conditions as the Department considers necessary to protect any element of the public good listed in subsection (a) of this section. Otherwise, it shall issue its order disapproving the application.

(c) The Department shall provide the applicant and interested persons with copies of its order.

(d) In the case of a proposed removal of a dam that is under the jurisdiction of the Department and that formerly related to or was incident to the generation of electric energy but that was not subject to a memorandum of understanding dated before January 1, 2006 relating to its removal, the Department shall consult with the Department of Public Service regarding the potential for and value of future power production at the site.
10APPENDIX V.S.A. § 19 — VT Code / Title 10APPENDIX / Chapter 1 / Section 19
App. § 19. Rule governing the importation and possession of animals for taking by hunting
Status: in_force

1.0 Authority and Application.

1.1 This rule is promulgated pursuant to 10 V.S.A. §§ 4081, 4082, and 4714.

1.2 In promulgating this rule, the Vermont Fish and Wildlife Board is following the policy established by the General Assembly that “the protection, propagation control, management and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance,” as stated in 10 V.S.A. § 4081.

1.3 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of wild animals.

1.4 Wild animals in Vermont belong to the people in their collective and sovereign capacity, not in their private and individual capacities, as long recognized by the Vermont Supreme Court.1 Ownership of wild animals may only be acquired subject to the reasonable regulation as provided for by the General Assembly.

1.5 This rule applies to any live animal that is possessed or confined for the purposes of taking by hunting.

1.6 This rule applies to enclosures whose purpose is to confine animals to be taken by the means of hunting. It shall not apply to activities permitted under the provisions of 10 V.S.A. § 5217, or 10 V.S.A Appx §§ 32 and 13.

2.0 Purpose and Policy.

2.1 The purpose of this rule is to:

(a) In accordance with 10 V. S.A. § 4714, establish the necessary criteria to implement and enforce the permit and permit process for the importation and possession of animals for the purposes of hunting;

(b) Maintain the best health of the wild animals of the State, both in the wild populations and those animals within facilities permitted under this rule;

(c) Prevent the introduction or spread of a disease, or parasite by imported animals that are harmful to humans and wild animals, specifically, but not exclusively, the spread of “Chronic Wasting Disease” (“CWD”), bovine tuberculosis, and rabies;

(d) Ensure the physical health and safety of humans;

(e) Ensure the rights of hunting and fowling enshrined in Chapter II, Section 67 of the Vermont Constitution;

(f) Prohibit entrapment of white-tailed deer and moose or any wild animal not authorized in this regulation, even if temporary, by means of a fenced enclosure or enclosed hunting facility; and

(g) Maintain the health of the white-tailed deer and moose populations by ensuring that diseases associated with enclosed animals are not introduced into the wild and that there are sufficient open lands for the wildlife of the State to travel, feed, and meet all their life requirements and support population levels to accommodate the public's interests in these resources.

3.0 Definitions.

3.1 “Animals” means all members of the animal kingdom, wild or domestic.

3.2 “Application” means a document produced and published by the Department, completed by a person seeking a permit from the Commissioner to import or possess animals for taking by hunting.

3.3 “Board” means the Vermont Fish and Wildlife Board.

3.4 “Cervid,” “Cervidae,” and “deer” means any member of the Cervidae family.

3.5 “Chronic wasting disease” (“CWD”) means a transmissible spongiform encephalopathy (TSE) of cervids.

3.6 “Commissioner” means the Vermont Fish and Wildlife Department Commissioner.

3.7 “CWD susceptible cervid” means any species of the family Cervidae, or any other family or genera, when published scientific evidence shows susceptibility to Chronic Wasting Disease (“CWD”), including black-tailed and mule deer, white-tailed deer, elk, red deer, and moose. Fallow deer (Dama dama) are excluded until susceptibility evidence is discovered.

3.8 “Department” means the Vermont Department of Fish and Wildlife.

3.9 “Designated Employee” means an employee or agent of the permittee who has been designated by the permittee to take a captive animal or wild animal that has become entrapped. The names of all designated employees shall be provided to the Department, in writing, prior to being given authorization to take any animal.

3.10 “Enclose” means to create through the use of fences, manmade structures, or natural barriers, an area that can be used to restrict the free movement of animals.

3.11 “Enclosure” means a structure designed to restrict the free movement of animals and the area within that structure.

3.12 “Escape-proof ” means so constructed that the captive animals will remain confined under all circumstances, except when natural catastrophe or other incidents occur over which the owner or the owner's agent has no control. “Escape-proof” also means so constructed as to prevent ingress from white-tailed deer and moose.

3.13 “Herd” means one or more cervids that are under common ownership or supervision permitted under this rule and are grouped on one or more parts of any single premises (lot, farm or ranch), and all cervids under common ownership or supervision on two or more premises which are geographically separated but on which cervids have been commingled or had direct or indirect contact with one another.

3.14 “Herd inventory” means an official list of all of the animals enclosed within the facility including verification of the official or approved identifications.

3.15 “Hunting” means the taking of an animal by use of a firearm, muzzleloader, bow or crossbow or other implement authorized by the General Assembly, or the Vermont Fish and Wildlife Board to pursue or take any live animal.

3.16 “Hunting Facility” means an enclosure created by the use of fences, man-made structures, or natural barriers where animals are confined to be taken by hunting. Specifically excluded from this definition are activities covered by regulations 734 (Beagle Training) and 690 (Regulated Shooting Grounds).

3.17 “Import” means any act of transporting animals into Vermont from any state or country.

3.18 “NAIS” means National Animal Identification System. This is a national program administered by the U.S. Department of Agriculture outlining standard operating procedures in animal identification.

3.19 “Owner” means an individual, partnership, company, corporation or other legal entity that has legal title to an animal or herd of animals.

3.20 “Permit” means a written authorization from the Commissioner specifically granting a request to import and/or possess animals for hunting within an authorized facility.

3.21 “Person” includes individuals, principals, agents, employees, firms, partnerships, corporations and associations.

3.22 “Possession” means actual or constructive possession.

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

4.0 Generally.

4.1 Prohibited: It is unlawful to take by hunting any animal in an enclosed area by a person other than the owner of the facility, spouse, the landowner's minor child, licensed veterinarian, or designated employee as defined by this rule, unless the facility is properly licensed as a captive hunt facility under this rule or has been granted authorization by the Commissioner.

4.2 Importation: It shall be prohibited to import, possess or confine any live animal, to be taken by hunting except the species listed in Section 4.5 of this rule. It shall be unlawful to import, possess or confine to be taken by hunting white-tailed deer and moose.

4.3 Ingress: When any species of animal that is imported or possessed for the purposes of hunting but not approved under 4.5 of this Rule, or any white-tailed deer or moose becomes entrapped within an enclosure of a permitted facility, the permittee, or an agent of the permittee shall notify the Department of Fish and Wildlife within the 24 hours of actual or constructive notice of the entrapment. The Department of Fish and Wildlife may take whatever steps under its authority that are deemed necessary to remove and dispose of any entrapped white-tailed deer or moose.

(a) Authorization to take by permittee: The permittee, or its designated employee, is authorized to take an entrapped animal. Any such taking must be reported to the Department within 12 hours of the taking. Any authorized person shall immediately properly dress the carcass and care for the meat. The entire carcass of any animal taken or removed under this subsection is the property of the Commissioner and shall be tested for diseases as specified by the Fish and Wildlife Department.

4.4 Escape: Any animal approved for importation and possession under 4.5 of this Rule that escapes any enclosure of a permitted facility shall be reported to the Fish and Wildlife Department within 24 hours of the permittee's actual or constructive notice of the escape.

(a) Escaped animals: Upon actual or constructive notice of an escape of an approved animal from a permitted facility, the permittee shall attempt to recapture the animal. Any such escaped animal which remains outside the enclosure longer than 72 hours, shall be subject to being destroyed by the Department.

(b) Extension: For good cause shown, the Commissioner may grant additional time for recapture when a request for extension of time is submitted.

4.5 Allowed Species: No species of animal may be hunted in any hunting facility except those listed below.

(a) The list of allowed animals is as follows:

Buffalo (Bison bison)

Elk or wapiti (Cervus elaphus canadensis)

Red deer (Cervus elaphus)

Fallow deer (Dama dama)

European wild boar (Sus scrofa ferus)

Spanish goat (Capra aegagrus hircus)

Mouflan sheep (Ovis musimon)

Corsican, Black Hawaiian, Texas Dall, and Barbarossa sheep (Ovis hybrids)

(b) If a permittee or applicant wishes to import and enclose a species not listed in 4.a. above for the purpose of being taken by hunting, the Board may be petitioned to include that species. Species approved must not have an adverse effect on the State's wildlife, and the proposed importation and/or possession will maintain the best health, utilization and population levels of wildlife.

4.6 Season: There shall be no closed season for any animal possessed for the purposes of hunting if in compliance with this rule.

4.7 License: It is unlawful for any person to take an animal in a hunting facility unless in the possession of a valid and current Vermont hunting license.

4.8 Rare and Irreplaceable Natural Areas: No part of the proposed enclosure will encompass any land designated as a Rare and Irreplaceable Natural Area, as defined by the Act 250 process.

4.9 Necessary Wildlife Habitat: No part of the proposed enclosure will encompass any areas designated as Necessary Wildlife Habitat as defined by the Act 250 process, or as designated by the Department.

4.10 Enclosure Size: No hunting facility may have an enclosure less than 100 acres in size for the purpose of taking an animal by hunting. No hunting facility may have enclosures with total summed area greater than 1280 acres.2

4.11 Premises Inspection: All facilities permitted under this rule shall be subject to inspection by the Commissioner or the Commissioner's designee. Such inspections may include, but are not limited to, records kept under this rule, perimeter fencing, enclosed animals, and any structures within the facility. Requests for inspection shall take place during reasonable business hours.

4.12 Record keeping and CWD Certified Herd Program: Accurate records documenting purchases, sales, interstate shipments, intrastate shipments, escaped animals, entrapped white-tailed deer and moose, deaths (including harvested animals), and births shall be established and maintained for all hunting operations.

(a) Availability of Documents: Documentation shall be made available to Department personnel immediately upon request.

(b) Content of Documents: Information provided in the records shall be kept on forms provided by the Department. Information shall include: where animals originated, travel (sale) history, individual animal identification, certificate of veterinary inspection, carcass and sample identification numbers, sex, species, and age.

(c) Multiple Enclosures: If a facility has multiple enclosures, movement of animals between such enclosures shall be recorded as if they were separately owned enclosures.

(d) CWD Certified Herd Program: The owners of any CWD susceptible cervid shall enroll in the Vermont agency of agriculture, food and market's CWD Certified Herd Program and remain compliant with the Vermont Rules Governing Captive Cervidae as applied to any possession or take of a CWD susceptible cervid.

4.13 Feeding: The feeding of ruminant protein to cervids is strictly prohibited. All facilities permitted under this rule are forbidden from feeding prohibited feed ingredients. The storage of prohibited feed in the same area as allowable feed is also prohibited. Feeding practices will be reviewed during inspections.

4.14 Animal Health: Captive animals shall have sufficient food, water, and cover, as well as a variety of topographical areas and vegetation types that are not to become excessively degraded over time due to over-stocking of animals. Animals shall receive humane and proper treatment in accordance with accepted agricultural or veterinarian practices.

5.0 Requirements of the Facility and Operation5.1 Fencing Requirements: 3

(a) General: Captive animals must be contained within an escape-proof enclosure that complies with all specifications under this rule at all times. Repeated escapes of captive animals, or the ingress of white-tailed deer or moose is evidence of non-compliance with this rule.

(b) Specifications.

(1) Conventional or hi-tensile perimeter fences of which at least the bottom six (6) feet must be mesh (maximum mesh size shall be 12 1/2″ x 7″). The overall height is to be a minimum of eight (8) feet.

(2) Minimum wire gauges - 12 1/2 gauge - conventional fence; 14 1/2 gauge - woven hi-tensile.

(3) All perimeter gates providing access to animal holding facilities shall be kept secured when animals are present. Gate construction shall be constructed and maintained to prevent escape of captive animals, or ingress by white-tailed deer or moose, by crawling under the gate, jumping over the gate, or passing between the gate and adjacent fence.

(4) Posts - four (4) inch minimum diameter, wood or equivalent (e.g., rust resistant steel), spaced no more than fifty (50) feet apart (60-foot spacing is allowed if there are at least two (2) steel posts between the wood posts). There shall be a post or stay (wood or steel) every 20 feet. Posts must be at least eight (8) feet above ground level. Corners shall be braced with wood or equivalent material.

5.2 Identification:

(a) Any animal added to the enclosure shall have a minimum of two official/approved unique identifiers. At least one of these identification systems shall include visible identification and at least one shall include identification as approved by the Commissioner.

(b) For all animals not covered by the agency of agriculture's identification requirements, the Commissioner shall establish an identification system such as, but not limited to, tags and tattooing. The Commissioner may approve a written identification plan generated by the permittee. All animals to be enclosed shall be identified prior to being placed in the enclosure.

5.3 Capture Chutes for Testing: Shall be in accordance with the rules of the Secretary of the Agency of Agriculture, Food and Markets.

5.4 Testing of Live Animals: Shall be in accordance with the rules of the Secretary of the Agency of Agriculture, Food and Markets.

5.5 Monitoring: Facilities operating under this rule shall allow the Commissioner, or the Commissioner's designee, to inspect the permitted facility and records at any time.

5.6 Testing of Harvested Animals: Shall be in accordance with the rules of the Secretary of Agriculture, Food and Markets.

6.0 Application Process.

6.1 Eligibility: Only those hunting facilities in existence prior to October 28, 2008, will be eligible to apply for a permit subject to this rule. No new hunting facilities for the taking of animals by hunting behind fences will be established or permitted.

6.2 It is unlawful to import or possess any animal for the purposes of being taken by hunting without a permit. Prior to the importation or possession of any animal by a person, party, or corporation for the purposes of being taken by hunting under this rule, a facility shall apply to the Commissioner in writing with a permit application designed and provided by the Commissioner. The application shall include:

(a) Name, address and phone number of the Applicant and/or Owner and/Operator if different. Name address and phone number of any “designated employee” as defined in this rule.

(b) Map of facility, depicting enclosure location and parcel boundaries.

(c) Proof of ownership, including title or lease.

(d) Area, in acres, of the lands to be enclosed.

(e) A description of the lands to be enclosed, including habitat and vegetative conditions including wetlands, cover, and water sources.

(f) A letter from the Department indicating that the area to be enclosed does not encompass a Rare and Irreplaceable Natural Area, Necessary Wildlife Habitat, or other rare community type.

(g) Detail of the two kinds of identification systems to be used at the facility as prescribed in this rule.

(h) Copies of veterinary inspection reports certifying the disease free status of the animals and all necessary testing in compliance with rules of the Secretary of the Agency of Agriculture, Food and Markets.

(i) Documentation showing the facility to be in compliance with all local, municipal, state and federal licensing, zoning, taxation, and other applicable laws or regulations.

(j) Any additional information as is necessary to determine that the importation or possession of the animals referred to complies with the purposes of this rule.

(k) A permittee shall provide a bond, secured note of credit, or equivalent instrument, equal to the cost of decommissioning the facility. Factors in determining the cost of decommissioning shall include, but not be limited to: acreage, number of animals, and linear feet of fencing.

6.3 Receipt: The Commissioner shall acknowledge, in writing, receipt of the application within thirty (30) days of receipt. The acknowledgement shall state whether the application is complete or deficient.

6.4 Deficiencies: If the application is administratively deficient, the Commissioner shall inform the applicant of the deficiencies and give the applicant thirty (30) days starting the day the notice is placed in the U.S. mail to correct the deficiencies. Applications that remain deficient after the thirty (30) day period shall be deemed denied by the Commissioner and returned to the applicant.

6.5 Review: When an application is deemed administratively complete, the Commissioner shall review the information supplied to determine if the application complies with all parts of this rule.

6.6 Site Inspection: Prior to final approval, the Commissioner, or the Commissioner's designee, shall conduct a site inspection. The inspection shall ensure that all parts of this rule have been verified, including the absence of white-tailed deer or moose within the hunting facility enclosure. Any animals subject to this rule may not be added to the premises prior to inspection and approval.

6.7 Issuance: If the application has been deemed complete by the Commissioner, the site inspection has revealed no deficiencies, and the Commissioner has found that the applicant is in full compliance with this rule, a permit shall be issued and a facility identification number will be assigned for future correspondence and reporting purposes.

6.8 Denial: If the application is denied, the Commissioner shall, within thirty (30) days, provide a written denial providing the reasons why the application was denied.4

6.9 Term: Subject to full compliance with this rule, a permittee may apply for a renewal every three years.

7.0 Permit Revocation7.1 Grounds for Revocation: The Commissioner may revoke any permit issued for failure to comply with the provisions of this rule or when there is an imminent threat of a disease from the facility to any wildlife species of the State.

7.2 Notification: If the Commissioner finds that a facility permitted under this rule is in violation of the rules promulgated by the Board or the provisions of 10 V.S.A. Part 4, or there is an imminent threat of disease from the hunting facility to any wildlife species of the State, then the Commissioner shall notify the permittee in writing of the intent to revoke the permit.

7.3 Opportunity to Cure: A permittee found out of compliance with Sections 5.1, 5.2, and 5.3 of this rule will have thirty (30) days from the date of notification to cure the non-compliance.

7.4 Proceeding: Notwithstanding the license revocation in accordance with 10 V.S.A. § 4502, under Section 7.1 of this rule, the Commissioner shall, prior to permit revocation, provide a proceeding consistent with 3 V.S.A. § 814(c).

7.5 Emergency Revocation: If the Department finds that the public health, safety, or welfare imperatively requires emergency action, or there is an imminent threat to any wildlife species of the State, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings as described above.

8.0 Appeals.

Notwithstanding 10 V.S.A. § 4502, any person aggrieved by the Commissioner's finding, order or revocation under this rule may appeal to the Superior Court in Washington County.

9.0 Facility Decommissioning.

9.1 Following permit revocation, or permit abandonment, captive animals within enclosures shall not be released from facilities.

9.2 All imported animals and their offspring shall be subject to the requirements of 5.2 and 5.4 of this rule5. Thereafter, animals may be removed from the enclosure, or continue within the enclosure and subject to the jurisdiction of the Agency of Agriculture, Food and Markets.

9.3 Depopulated facilities shall have at least 1/10 of perimeter fencing removed from all sides to allow passage of wild animals in addition to the removal of all corner fencing of the enclosures. Exceptions to this clause will be made for CWD and/or tuberculosis-positive facilities at the discretion of the Department in accordance with most recent scientific evidence for environmental resilience of CWD and/or tuberculosis pathogens.

10.0 Compliance of Existing Facilities.

10.1 All existing facilities must receive a permit under this rule within one year of its adoption or will be deemed out of compliance with this rule and subject to the penalties allowed by law.

10.2 Hunting facilities found operating without a valid permit shall be deemed out of compliance with rule and subject to the penalties allowed by law.

1 See, inter alia, State v. Theriault, 70 Vt. 617 (1898), Payne v. Sheets, 75 Vt. 335 (1903); State v. Niles, 78 Vt. 266 (1906); Zanotti v. Bolles 80 Vt. 345 (1907).

2 1280 acres is equivalent to two square miles. Limiting the size to 1280 acres reduces the risk of interfering with populations of white-tailed deer, moose, bear and other species that depend on large areas of land during seasonal movement to fulfill their life requirements.

3 These requirements are consistent with the Vermont Agency of Agriculture, Food and Market's Rules Governing Captive Cervidae (2006).

4 See Section 8.0 of this rule regarding appeals of a denial.

5 That is, all animals must be identified and tested prior to being introduced into any other population or enclosure.
10 V.S.A. § 2672 — VT Code / Title 10 / Chapter 83 / Section 2672
§ 2672. Complaint or information and summons
Status: in_force

(a) In any case involving a violation of subsection 2645(a) or 2648(a) of this title, the complaint or information and summons shall be in the form known as the Uniform Fire Prevention Ticket. The Court Administrator shall prepare the form for the Uniform Fire Prevention Ticket. The Court Administrator shall be responsible for all Uniform Fire Prevention Tickets issued to fire wardens, and shall prepare or cause to be prepared records and reports relating to Uniform Fire Prevention Tickets. Any fire warden may void any Uniform Fire Prevention Ticket by so marking the ticket and returning it to the Court Administrator. A prosecuting attorney may issue, amend or dismiss a fire prevention complaint.

(b) The Uniform Fire Prevention Ticket shall consist of four parts:

(1) the complaint or information, which shall include spaces for the signatures of the fire warden or other issuing officer, prosecuting attorney, and judge or clerk;

(2) the fire warden's or issuing officer's record, which shall be a copy of the complaint or information;

(3) the prosecutor's record, which shall be a copy of the complaint or information; and

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

(c) The reverse sides of the sheets shall be as set out in the form, with additions or deletions as are necessary to adapt the uniform fire prevention complaint to the court involved.

(d) The ticket shall contain the following two paragraphs that shall be prominently printed in boldfaced type:

(1) Failure to comply with the instructions on this ticket will result in a fine of up to $25.00 for each day of noncompliance.

(2) If you admit you have committed a fire prevention offense or are judged to have committed the offense you may be subject to a fine of up to $25.00 for each day of noncompliance.

(e) The Uniform Fire Prevention Ticket form shall be used in all cases involving violations of subsection 2645(a) or 2648(a) of this title, whether the case is prosecuted or the complaint issued by a fire warden or by any other person, or upon information or complaint issued by the State's Attorney or other prosecuting officer.
10 V.S.A. § 598 — VT Code / Title 10 / Chapter 24A / Section 598
§ 598. Liability of responsible parties
Status: in_force

(a)(1) A responsible party shall be strictly liable for a share of the costs of climate change adaptation projects and all qualifying expenditures supported by the Fund.

(2) For purposes of this section, entities in a controlled group:

(A) shall be treated by the Agency as a single entity for the purposes of identifying responsible parties; and

(B) are jointly and severally liable for payment of any cost recovery demand owed by any entity in the controlled group.

(b) With respect to each responsible party, the cost recovery demand shall be equal to an amount that bears the same ratio to the cost to the State of Vermont and its residents, as calculated by the State Treasurer pursuant to section 599c of this title, from covered greenhouse gas emissions as the responsible party's applicable share of covered greenhouse gas emissions bears to the aggregate applicable shares of covered greenhouse gas emissions.

(c) If a responsible party owns a minority interest of 10 percent or more in another entity, the responsible party's applicable share of covered greenhouse gas emissions shall be increased by the applicable share of covered greenhouse gas emissions for the entity in which the responsible party holds a minority interest multiplied by the percentage of the minority interest held by the responsible party.

(d) The Agency shall use the U.S. Environmental Protection Agency's Emissions Factors for Greenhouse Gas Inventories as applied to the fossil fuel volume data for the purpose of determining the amount of covered greenhouse gas emissions attributable to any entity from the fossil fuels attributable to the entity.

(e) The Agency may adjust the cost recovery demand amount of a responsible party who refined petroleum products or who is a successor in interest to an entity that refines petroleum products if the responsible party establishes to the satisfaction of the Agency that:

(1) a portion of the cost recovery demand amount was attributable to the refining of crude oil extracted by another responsible party; and

(2) the crude oil extracted by the other entity was accounted for when the Agency determined the cost recovery demand amount for the other entity or a successor in interest of the other entity.

(f) The Agency shall issue the cost recovery demands required under this section not later than six months following the adoption of the rules required under subdivision 599a(b)(2) of this title.

(g)(1) Except as provided in subdivision (2) of this subsection, a responsible party shall pay the cost recovery demand amount in full not later than six months following the Secretary's issuance of the cost recovery demand.

(2)(A) A responsible party may elect to pay the cost recovery demand amount in nine annual installments in accordance with this subdivision (2).

(B) The first installment shall be paid not later than six months following the Secretary's issuance of the cost recovery demand and shall be equal to 20 percent of the total cost recovery demand amount.

(C) Each subsequent installment shall be paid one year from the initial payment each subsequent year and shall be equal to 10 percent of the total cost recovery demand amount. The Secretary may charge reasonable interest on each installment payment or a payment delayed for any other reason and, at the Secretary's discretion, may adjust the amount of a subsequent installment payment or a payment delayed for any other reason to reflect increases or decreases in the Consumer Price Index.

(D)(i) The unpaid balance of all remaining installments shall become due immediately if:

(I) the responsible party fails to pay any installment in a timely manner, as specified in Agency rules;

(II) except as provided in subdivision (ii) of this subdivision (g)(2)(D), there is a liquidation or sale of substantially all the assets of the responsible party; or

(III) the responsible party ceases to do business.

(ii) In the case of a sale of substantially all the assets of a responsible party, the remaining installments shall not become due immediately if the buyer enters into an agreement with the Agency under which the buyer assumes liability for the remaining installments due under this subdivision (2) in the same manner as if the buyer were the responsible party.

(h) The Agency shall deposit cost recovery payments collected under this chapter to the Climate Superfund Cost Recovery Program Fund established under section 599 of this title.

(i) A responsible party aggrieved by the issuance of a notice of cost recovery demand shall exhaust administrative remedies by filing a request for reconsideration with the Secretary within 30 days following issuance of the notice of cost recovery demand. A request for reconsideration shall state the grounds for the request and include supporting documentation. The Secretary shall notify the responsible party of the final decision by issuing a subsequent notice of cost recovery demand. A responsible party aggrieved by the issuance of a final notice of cost recovery demand may bring an action pursuant to Rule 74 of the Vermont Rules of Civil Procedure in the Civil Division of the Superior Court of Washington County.

(j) Nothing in this section shall be construed to supersede or diminish in any way any other remedies available to a person, as that term is defined in 1 V.S.A. § 128, at common law or under statute.
10APPENDIX V.S.A. § 11 — VT Code / Title 10APPENDIX / Chapter 1 / Section 11
App. § 11. Falconry
Status: in_force

1.0 Purpose.

This rule is adopted pursuant to 10 V.S.A. § 4278. In adopting this rule, the Commissioner establishes specific requirements for ensuring that holders of falconry permits are qualified and that the birds they possess are legally acquired and appropriately cared for. This regulation defines required raptor housing facilities and falconry equipment, legal means of taking, lawful species, ages and numbers of raptors that may be taken and possessed, banding requirements, and other restrictions on the practice of falconry.

2.0 Definitions.

2.1 “Apprentice” permittee means a person meeting the requirements of 5(a) of this rule.

2.2 “Commissioner” means the Commissioner of the Vermont Department of Fish and Wildlife or his/her designee.

2.3 “Department” means the Vermont Department of Fish and Wildlife.

2.4 “Permit” means a written authorization issued by the Department to take and possess raptors and to practice the sport of falconry issued pursuant to 10 V.S.A. § 4278(b).

2.5 “Falconry” means the sport of hunting by use of trained raptors, including the training, feeding and handling of such raptors and their recapture after being released for hunting or training.

2.6 “Falconer” means a person who possesses a raptor for the purposes of Falconry under this rule.

2.7 “General” permittee means a person meeting the requirements of 5(b) of this rule.

2.8 “Master” permittee means a person meeting the requirements of 5(c) of this rule.

2.9 “Passage Bird” means a wild bird less than one year old.

2.10 “Raptor” means all species and hybrids of the orders Strigiformes (owls) and Falconiformes (hawks and falcons), and Accipitriformes (hawks, eagles, and kites).

2.11 “Sponsor” means a General or Master Falconer, currently permitted by Vermont, or another state, who has agreed to advise and train a holder of an Apprentice permit.

2.12 “USFWS” means U.S. Fish and Wildlife Service.

3.0 Application Requirements Qualifications for Appointment.

(a) An applicant for a falconry permit must:

(1) be at least sixteen (16) years old and a resident of Vermont;

(2) not have a license under revocation for violation Title 10, Part 4.

(3) submit to the Department, on a form prepared and furnished by the Department, an application for a falconry permit, to include:

(1) the applicant's name, address, telephone number, and date of birth and the location of his or her raptor housing facilities;

(2) the number of raptors the applicant possesses at the time the application is submitted, including the species, age (if known), sex (if known), date of acquisition, and source of each;

(3) the class of permit requested, including the name, address, and signature of sponsor, if required;

(4) a listing of falconry permits previously held by the applicant;

(5) an account of the applicant's experience and training in falconry;

(6) an original, certification by the applicant concerning the validity of the information, or the signature of a parent or guardian if the applicant is under the age of eighteen (18) years;

(4) complete a supervised written examination on basic biology, care, and handling of raptors. The examination shall be given by the Department at a state-approved site. Successful completion requires a minimum score of eighty five (85) percent. An applicant who fails the exam may retake it no sooner than sixty (60) days; and

(5) submit to the Department a permit fee in accordance with Section 4(a).

(b) The Commissioner may issue a permit to an applicant who meets the requirements of this rule.

4.0 Permit Terms.

4.1 Term of permit. A Vermont falconry permit is issued for three (3) years, unless amended or revoked. A permitted Apprentice or General Falconer may apply for a permit of higher class while possessing an unexpired permit without paying additional fees.

4.2 Compliance. Permittees shall comply with all terms under this regulation and all terms under federal falconry standards issued by the USFWS, including proper filing of electronic federal Migratory Bird Acquisition and Disposition Reports (Form 3—186A). A copy of each federal report shall be submitted to the Department.

4.3 Revocation of permit.

(a) The Commissioner may revoke a permit and seize raptors held under the permit if the Commissioner finds that the permittee:

(1) failed to properly and humanely care for the raptors held under the permit;

(2) allowed the raptors held under the permit to become a public nuisance;

(3) failed to comply with any of the terms or conditions of the falconry permit.

(b) Raptors seized under this section shall be released to the wild, transferred to another permittee, or disposed of as directed by the Commissioner.

5.0 Classes of Permits.

5.1 Permits shall be issued in three classes based upon the age and experience of the applicant.

(a) Apprentice. Holders of an Apprentice permit shall:

(1) be at least sixteen (16) years old;

(2) obtain a sponsor who will consent to train and advise the permittee for a minimum of twenty (20) hours annually for the first two (2) years;

(3) notify the Department in writing within ten (10) days after his or her sponsorship has been withdrawn for any reason, and notify the Department within ten (10) days of obtaining a new sponsor.

(4) find a sponsor within ninety (90) days following the withdrawal of a previous sponsor. If an Apprentice fails to obtain a new sponsor and notify the Department within ninety (90) days, the Apprentice will surrender any raptors possessed under this rule to the Department.

(b) General. Holders of a General permit shall:

(1) be at least eighteen (18) years old;

(2) have a minimum of two (2) years experience in the practice of falconry at the Apprentice level or its equivalent, including maintaining, training, flying, and hunting the raptor(s) for at least 4 months in each year, to be verified in writing by a sponsor of the applicant who also recommends applicant for a permit; or verified by a state agency that has previously issued a permit to the applicant; or by other proof deemed appropriate by the Commissioner.

(c) Master. Holders of a Master permit shall:

(1) have a minimum or five (5) years experience in the practice of falconry at the General class level or its equivalent, to be verified by the State agency that has previously issued a permit to the applicant, or by other proof deemed appropriate by the Commissioner.

5.2 Sponsor. A General permittee shall sponsor no more than one (1) Apprentice permittee at a time. A Master permittee shall sponsor no more than two (2) Apprentice permittees at a time.

5.3 Out of State Permits. Upon moving to Vermont, any falconer who holds a valid falconry permit from another state may use that state's permit for a period of no more than six (6) months when applying for a Vermont falconry permit. After six months, the person must have a Vermont falconry permit in order to engage in falconry in Vermont.

6.0 Facilities and Care.

6.1 Facilities. Prior to acquiring a raptor, the permittee shall possess or have access to suitable raptor housing facilities that have passed inspection by the Department. The facilities shall provide for protection from the environment, predators, and undue disturbance and shall include the following:

(a) Indoor facilities (mews) shall be large enough to allow easy access for caring for the raptors housed in the facility.

(1) If more than one (1) raptor is to be kept in a mews, the raptors shall be tethered or separated by partitions and the area for each bird shall be large enough to allow the bird to fully extend its wings.

(2) There shall be at least one (1) window, protected on the inside by vertical bars, spaced narrower than the width of the bird's body, and a secure door that can be easily closed.

(3) The floor of the mews shall permit easy cleaning and be well drained.

(4) Suitable perches, of sufficient diameter and space for injury-free landings and take-offs, shall be provided.

(b) An outdoor facility, or (weathering area) shall be fenced and covered with netting or wire, or roofed to protect the bird or birds from disturbance and attack by predators, except that perches more than 6 1/2 feet high need not be covered or roofed.

(1) The enclosed areas shall be large enough to insure the birds cannot strike the fence when flying from the perch.

(2) Protection from excessive sun, wind, and inclement weather shall be provided for each bird.

(3) The enclosure must contain suitable perches for the species housed there.

(c) Alternative housing is allowable so long as it is more protective of animal health and welfare than those specified above.

6.2 Equipment. Prior to acquiring a raptor, the permittee shall have suitable equipment that has passed inspection by the Department. The permittee shall have the following equipment in his or her possession:

(a) Jesses. At least two (2) pairs of Aylmeri jesses or similar type constructed of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free. Traditional one-piece jesses may be used on raptors when not being flown free.

(b) Leashes and swivels. At least two (2) leashes and two (2) strong swivels of acceptable falconry design.

(c) Bath container. At least one (1) suitable container for each raptor, two (2) to six (6) inches deep and wider than the length of the raptor, for drinking and bathing.

(d) Outdoor perches. At least one (1) weathering area perch of an acceptable design for each raptor.

(e) Weighing device. A reliable scale or balance suitable for weighing the raptor(s) held, and graduated to increments of not more than one (1) gram.

6.3 Maintenance. All facilities and equipment shall be kept at or above the preceding standards at all times.

6.4 Food. Adequate food shall be provided at appropriate intervals for each raptor according to its age and condition. Adequate food shall mean sufficient quantity and nutritional value to maintain a normal body weight and healthy physiological function. All foods shall be served in a clean and sanitary manner.

6.5 Medical care. The permittee shall provide the Department with a written statement from a veterinarian stating his/her qualifications and a willingness to work with raptors on an ongoing basis prior to the permittee's possession of a raptor.

6.6 Transportation and temporary holding. A raptor may be transported or held in temporary facilities comparable to those required for permanent housing (including but not limited to adequate perching, bathing and protection from natural elements) for a period not to exceed thirty (30) days.

6.7 Inspection. Permitees and applicants shall allow the Department to inspect their facilities, equipment, and raptors for compliance with permit standards. An inspection may be made at reasonable hours of the day with seventy two (72) hours notice. The notice requirement is waived when there are grounds to believe that the standards set forth in this rule are not being met.

7.0 Capture of Wild Raptors for Falconry.

7.1 Capture. Only passage (hatching year) Red-tailed Hawks (Buteo jamaicensis) and Goshawks (Accipiter gentili) may be captured for falconry. Nestlings (eyass) and adult birds may not be taken for falconry.

(a) The raptors may be captured from 1 September through 25 January, inclusive.

(b) The permittee may use traps, nets and other legal methods of raptor capture that do not cause injury or lethal stress. It is illegal to use steel-jawed traps, gins, pole traps or jump traps.

(c) Each capture device shall be identified legibly with an attached tag bearing the permittee's name and address.

(d) Each deployed capture device shall be inspected at least once each calendar day.

(e) Any raptor not retained for falconry shall be immediately released.

7.2 Landowner permission. Prior to attempting to capture a raptor, a permittee shall obtain permission from the owner of private property on which the activity will occur.

7.3 Land closure. The Commissioner may close any area of the State to the taking of raptors.

7.4 Recapture of escaped raptors. A permittee may recapture an escaped raptor that was legally acquired and held. The bird may be recaptured by legal means at any time by a permitted falconer to be returned to the falconer who last possessed the escaped bird.

8.0 Species and Possession Limits.

8.1 Permit class restrictions.

(1) An Apprentice permittee may not possess more than one (1) raptor and may not obtain more than one (1) raptor for replacement from all sources during any twelve (12) month period calculated from the first day of possession of the first raptor. An apprentice may temporarily possess the raptors of the apprentice's sponsor.

(2) A General permittee may not possess more than two (2) raptors and may not obtain more than two (2) raptors for replacement from all sources during any twelve (12) month period calculated from the first day of possession of the first raptor.

(3) A Master permittee may not possess more than three (3) raptors and may not obtain more than two (2) raptors taken from the wild during any twelve (12) month period calculated from the first day of possession of the first raptor. A Master permittee may obtain no more than three (3) raptors from all sources during any twelve (12) month period calculated from the first day of possession of the first raptor.

8.2 Species Restrictions.

(a) An apprentice permittee may only possess Red-tailed Hawk taken from the wild as a passage bird. The Apprentice may capture a Red-tailed Hawk only under the supervision of the sponsor.

(b) General or Master permittees may take and possess raptors according to the following limitations:

(1) A Master permittee may only take passage Red-tailed Hawks and Goshawks from the wild.

(2) A General permittee may take only passage Red-tailed Hawks from the wild.

(3) A Master or General permittee may petition the Commissioner for authorization to capture a passage bird of another species.

(4) Provided that possession is allowed in accordance with state and federal law, a General or Master permittee may possess a captive-bred bird, born and raised beyond two (2) weeks in captivity. The permittee shall keep complete and accurate records of all transactions conducted under this clause, including the name, address, and permit number of the transferee; the day, month, and year of the transaction or disposition; the sale price or other consideration involved in the transaction or disposition; and the species, sex, age, origin, and pedigree (lineage) of the raptor or raptors involved.

8.3 Raptors taken for other purposes. Raptors of any age captured under depredation or special use permits, or seized under Section 4(c) may be acquired by a General or Master permittee. Such raptors are counted as part of the permittee's possession limit.

8.4 All raptors possessed under this rule shall be banded with readily identifiable bands. Goshawks shall be banded with non-reusable bands.

9.0 Importation, Exportation, Seizure, Sale, Trade and Release of Raptors.

9.1 Importation. Raptors brought into Vermont may be imported only under the authority of an importation permit from the Commissioner to a permitted falconer in accordance with 10 V.S.A. § 4709.

(a) Importation permits shall not be issued for the possession of species that are specifically prohibited by these regulations, by laws of the exporting state, the laws of the State of Vermont, or by regulations of the federal government.

(b) A nonresident falconer may temporarily bring raptor(s) he or she legally possesses into Vermont.

9.2 Exportation. Raptors taken in Vermont shall not be permanently transferred or exported to another state without written authorization from the Commissioner.

9.3 Seizure. The Commissioner may seize a raptor if the person in possession of the raptor does not have a valid permit as required by these rules.

9.4 Sale of raptors. Pursuant to 10 V.S.A. § 4902, a permittee may not sell, purchase, barter, or offer to sell, purchase or barter any raptor taken from the wild.

9.5 Transfer. A permittee may transfer a legally-held raptor to another permittee according to the restrictions in Section 9, including the electronic filing of the federal form 3-186A.

9.6 Release, Transfer or Euthanization.

(a) A wild falconry raptor captured in Vermont that can survive for an extended period in the wild may be intentionally released in Vermont. Prior to release, any non-federal band shall be removed and surrendered to the Department, and a standard federal bird band shall be attached to the bird by the Department or a federally-permitted bird bander.

(b) With the written authorization of the Commissioner, a wild falconry raptor captured in Vermont that is incapable of surviving for an extended period in the wild may:

(1) be transferred to an approved educational facility, or to a breeding or rearing facility that holds a scientific collection permit for the species.

(2) be transferred to a licensed wildlife rehabilitator.

(3) upon a veterinarian's recommendation a raptor may be euthanized in a manner that minimizes pain and stress, and the carcass disposed of either by donation to a public scientific or educational organization permitted to receive wild animals, or by burial or incineration. Notice of euthanization of any raptor possessed under this rule shall be provided the Commissioner within ninety six (96) hours.

(c) Captive-bred birds shall not be released into the wild.

10.0 Reporting Requirements.

(a) Upon the loss or addition of any raptor held under a falconry permit, the falconer shall report such a loss or addition by filing form 3-186A within five (5) days of any such transaction. Such losses or additions shall include any takings, purchases, deaths, transfers, and dispositions of raptors held under a permit.

(b) A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee if that person is otherwise authorized to possess raptors, and if the raptor is accompanied at all times by a copy of the properly completed form 3-186A (Migratory Bird Acquisition/Disposition Report) designating the permittee as the possessor of record, and by a signed, dated statement from the permittee authorizing the temporary possession.

11.0 Hunting with Raptors.

(a) Any resident hunting with a raptor in Vermont must possess a valid falconry permit and a valid Vermont hunting or combination fishing and hunting license.

(b) Any nonresident hunting with a raptor in Vermont must possess a valid falconry permit from his or her state of residence and a valid Vermont non-resident hunting or combination fishing and hunting license.

(c) A falconry permittee must possess both valid Vermont and federal Migratory Waterfowl Hunting stamps before hunting migratory waterfowl.

(d) A falconry permittee hunting ducks, coots, geese, brant, swans, doves, woodcock, rails, snipe, sandhill cranes, or gallinules must be registered with the Harvest Information Program (HIP).

(e) A falconer whose raptor kills wildlife that is out of season or the taking of which is otherwise prohibited shall leave the dead wildlife where it lies, except that the raptor may feed upon the wildlife prior to leaving the site of the kill. The permittee shall report the kill to a Vermont State Game Warden within twenty four (24) hours.
10 V.S.A. § 565 — VT Code / Title 10 / Chapter 23 / Section 565
§ 565. Burning wood within municipality
Status: repealed

(a) Any other provision notwithstanding, the legislative branch of a municipality may authorize the burning of natural wood and chemically untreated wood at a place within the municipality. The burning of the wood shall be conducted under the direction and at such times as the fire warden for the municipality determines.

(b) [Repealed.]
10 V.S.A. § 2701 — VT Code / Title 10 / Chapter 85 / Section 2701
§ 2701. Policy
Status: in_force

It is the policy of the State to encourage the sustainable management and use of its forests and woodlands; to preserve the natural beauty of the State's forests and woodlands; to protect its wildlife; to preserve and protect the forest environment and health; and to promote, foster, and encourage the forestry and forest products industries of the State. To achieve these goals, the General Assembly declares it to be in the best interests of the State to promote opportunities and markets for value-added forest products. Fostering and enhancing the value-added forestry markets will help the State retain and expand the State's forest products manufacturing sector, will retain manufacturing jobs within the State, and will protect the health and viability of the forest environment.
10 V.S.A. § 494 — VT Code / Title 10 / Chapter 21 / Section 494
§ 494. Exempt signs
Status: in_force

The following signs are exempt from the requirements of this chapter except as indicated in section 495 of this title:

(1) Signs located on or in the rolling stock of common carriers.

(2) Signs on registered and inspected motor vehicles except those that are determined by the Travel Information Council to be circumventing the intent of this chapter.

(3) Signs, with an area of not more than 260 square inches, identifying stops or fare zone limits of common carriers by motor bus.

(4) Signs erected and maintained by or with the approval of a town outside the highway right-of-way, each of which does not exceed 64 square feet in area, excluding panel and frame, which may show the place and time of services or meetings of churches and civic organizations in the town, and which may include a panel which identifies the name of the town, the charter date, the date the town was founded, or any other significant date in the history of the town, and which the town wishes to identify. The panel may bear the wording “welcome to” the particular town. Not more than two such signs may be erected and maintained readable by traffic proceeding in any one direction on any one highway. The signs shall meet the criteria of the Agency of Transportation and the Travel Information Council. A sign that otherwise meets the requirements of this subdivision may refer to a census-designated place within a town rather than the town itself. As used in this subdivision, “census-designated place” means a statistical entity consisting of a settled concentration of population that is identifiable by name, is not legally incorporated under the laws of the State, and is delineated as such a place by the U.S. Census Bureau according to its guidelines.

(5) Residential directional signs, each of which does not exceed four square feet in area, along highways other than limited-access facilities (but not within the highway right-of-way), except that a license is required if the person maintains a professional, commercial, or business activity at this residence and wishes to indicate its existence.

(6)(A) Official traffic control signs, including signs on limited access highways, consistent with the Manual on Uniform Traffic Control Devices (MUTCD) adopted under 23 V.S.A. § 1025, directing persons to:

(i) other towns;

(ii) international airports;

(iii) postsecondary educational institutions;

(iv) cultural and recreational destination areas;

(v) nonprofit diploma-granting educational institutions for persons with disabilities; and

(vi) official State visitor information centers.

(B) After having considered the six priority categories in subdivision (A) of this subdivision (6), the Travel Information Council may approve installation of a sign for any of the following provided the location is open a minimum of 120 days each year and is located within 15 miles of an interstate highway exit:

(i) nonprofit museums;

(ii) cultural and recreational attractions owned by the State or federal government;

(iii) officially designated scenic byways;

(iv) park and ride or multimodal centers; and

(v) fairgrounds or exposition sites.

(C) The Agency of Transportation may approve and erect signs, including signs on limited access highways, consistent with the MUTCD, directing persons to State-owned airports and intercity passenger rail stations located within 25 miles of a limited access highway exit.

(D) Notwithstanding the limitations of this subdivision (6), supplemental guide signs consistent with the MUTCD for the President Calvin Coolidge State Historic Site may be installed at the following highway interchanges:

(i) Interstate 91, Exit 9 (Windsor); and

(ii) Interstate 89, Exit 1 (Quechee).

(E) Signs erected under this subdivision (6) shall not exceed a maximum allowable size of 80 square feet.

(7) Signs of a duly constituted governmental body, including traffic and similar regulatory devices, legal notices, or warnings at railroad crossings.

(8) Small signs displayed for the direction, instruction, or convenience of the public, including signs which identify rest rooms, freight entrances, posted areas or the like, with a total surface area not exceeding four square feet.

(9) Signs to be maintained for not more than two weeks announcing an auction, or a campaign, drive, or event of a civic, philanthropic, or religious organization.

(10) Memorial signs or tablets.

(11) Signs erected by county fairs and expositions for a period not to exceed six weeks.

(12) Directional signs, subject to regulations adopted by the Federal Highway Administration, with a total surface area not to exceed six square feet providing directions to places of business offering for sale agricultural products harvested or produced on the premises where the sale is taking place, or to farmers' markets that are members of the Vermont Farmers' Market Association selling Vermont agricultural products.

(13) Murals that relate exclusively to a downtown designated under 24 V.S.A. chapter 76A, whether located within or outside the designated downtown itself, provided that all of the following apply: the mural is hand-painted; it is painted directly on the outside surface of a structure that has been in existence on the site for at least the preceding 25 years; it is located no more than three miles from the designated downtown; its placement has been authorized by the legislative body of the municipality in which it is located; and any words used pertain only to the direction or distance to, and the name of, the designated downtown. A mural exempted under this subdivision that is visible from the off-ramp of a limited access facility and not otherwise visible from such a facility shall also be exempt from compliance with subsection 495(b) of this title.

(14) Up to two directional signs with a surface area not to exceed one square foot per sign, erected by a town on any existing highway signpost on highways over which the town has jurisdiction, except class 1 town highways. The colors of the directional signs shall be in contrast to the colors used on highway signs. Directional signs on the same highway signpost shall be for different purposes. The erection of signs shall be under guidelines adopted by the town. Towns may charge a reasonable fee for the installation of approved signs.

(15) Municipal informational and guidance signs. A municipality may provide alternative signs of a guidance or informational nature and creative design to assist persons in reaching destinations that are transportation centers, geographic districts, historic monuments, and significant or unique educational, recreational, or cultural landmarks, including farmers' markets that are members of the Vermont Farmers' Market Association selling Vermont agricultural products, provided that such destinations are not private, for-profit enterprises. A proposal to provide alternative signs shall contain color, shape, and sign placement requirements that shall be of a uniform nature within the municipality. The surface area of alternative signs shall not exceed 12 square feet, and the height of such signs shall not exceed 12 feet in height. The proposal shall be approved by the municipal planning commission for submission to and adoption by the local legislative body. Alternative signs shall be responsive to the particular needs of the municipality and to the values expressed in this chapter. These proposals shall be subject to and consistent with any plan duly adopted pursuant to 24 V.S.A. chapter 117, shall be enforced under the provisions of 24 V.S.A. §§ 4444 and 4445 and may emphasize each municipality's special characteristics. No fees shall be assessed against a municipality that provides signs under this section and, upon issuance of permits under 19 V.S.A. § 1111, such signs may be placed in any public right-of-way other than interstates. This section shall take effect upon the Travel Information Council securing permission for alternative municipal signs in accordance with 23 V.S.A. § 1029.

(16) Signs displaying a message of congratulations, condolences, birthday wishes, or displaying a message commemorating a personal milestone or event; provided, however, any such message is maintained for not more than two weeks.

(17) Within a downtown district designated under the provisions of 24 V.S.A. chapter 76A, municipal information and guidance signs. A municipality may erect alternative signs to provide guidance or information to assist persons in reaching destinations that are transportation centers, geographic districts, and significant or unique educational, recreational, historic, or cultural landmarks, including farmers' markets that are members of the Vermont Farmers' Market Association selling Vermont agricultural products. A proposal to provide alternative signs shall contain color, shape, and sign placement requirements that shall be uniform within the municipality. The surface area of alternative signs shall not exceed 12 square feet, and the highest point of such signs shall not exceed 12 feet above the ground, road surface, or sidewalk. The proposal shall be approved by the municipal planning commission for submission to and adoption by the local legislative body. The sign proposal then shall be submitted to the Travel Information Council for final approval. Denial may be based only on safety considerations. Reasons for denial shall be stated in writing. Alternative signs shall be responsive to the particular needs of the municipality and to the values expressed in this chapter. These proposals shall be subject to and consistent with any municipal plan duly adopted pursuant to 24 V.S.A. chapter 117, shall be enforced under the provisions of 24 V.S.A. §§ 4444 and 4445, and may emphasize each municipality's special characteristics. No fees shall be assessed against a municipality that provides signs under this section and upon issuance of permits under 19 V.S.A. § 1111, such signs may be placed in any public right-of-way other than an interstate highway. Notwithstanding subdivision 495(a)(7) or any other provision of this title or of 23 V.S.A. § 1029, alternative signs permitted under this subsection shall not be required to comply with any nationally recognized standard.

(18)(A) A sign that is a banner erected over a highway right-of-way for not more than 21 days if the bottom of the banner is not less than 16 feet 6 inches above the surface of the highway and is securely fastened with breakaway fasteners and the proposed banner has been authorized by the legislative body of the municipality in which it is located.

(B) As used in this subdivision (18), “banner” means a sign that is constructed of soft cloth or fabric or flexible material such as vinyl or plastic cardboard.
10 V.S.A. § 6604 — VT Code / Title 10 / Chapter 159 / Section 6604
§ 6604. Solid waste management plan
Status: in_force

(a) No later than November 1, 2013, the Secretary shall adopt, after notice and public hearing pursuant to 3 V.S.A. chapter 25, a solid waste management plan that sets forth a comprehensive statewide strategy for the management of waste.

(1) The plan shall promote the following priorities, as found appropriate for certain waste streams, based on data obtained by the Secretary as part of the analysis and assessment required under subdivision (2) of this subsection:

(A) the greatest feasible reduction in the amount of waste generated;

(B) materials management, which furthers the development of products that will generate less waste;

(C) the reuse and closed-loop recycling of waste to reduce to the greatest extent feasible the volume remaining for processing and disposal;

(D) the reduction of the State's reliance on waste disposal to the greatest extent feasible;

(E) the creation of an integrated waste management system that promotes energy conservation, reduces greenhouse gases, and limits adverse environmental impacts; and

(F) waste processing to reduce the volume or toxicity of the waste stream necessary for disposal.

(2) The plan shall be revised at least once every five years and shall include:

(A) An analysis of the volume and nature of wastes generated in the State, the source of the waste, and the current fate or disposition of the waste. Such an analysis shall include a waste composition study conducted in accordance with generally accepted practices for such a study.

(B) An assessment of the feasibility and cost of diverting each waste category from disposal, including, to the extent the information is available to the Agency, the cost to stakeholders, such as municipalities, manufacturers, and customers. As used in this subdivision (a)(2), “waste category” means:

(i) marketable recyclables;

(ii) leaf and yard residuals;

(iii) food residuals;

(iv) construction and demolition residuals;

(v) household hazardous waste; and

(vi) additional categories or subcategories of waste that the Secretary identifies that may be diverted to meet the priorities set forth under subdivision (a)(1) of this section.

(C) A survey of existing and potential markets for each waste category that can be diverted from disposal.

(D) Measurable goals and targets for waste diversion for each waste category.

(E) Methods to reduce and remove material from the waste stream, including commercially generated and other organic wastes, used clothing, and construction and demolition debris, and to separate, collect, and recycle, treat, or dispose of specific waste materials that create environmental, health, safety, or management problems, including tires, batteries, obsolete electronic equipment, and unregulated hazardous wastes. These portions of the plans shall include strategies to ensure recycling in the State and to prevent the incineration or other disposal of marketable recyclables.

(F) A coordinated education and outreach component that advances the objectives of the plan, including the source separation requirements, generator requirements to remove food residuals, and the landfill disposal bans contained within this chapter.

(G) Performance and accountability measures to ensure that implementation plans are effective in meeting the requirements of this section.

(H) An assessment of facilities and programs necessary at the State, regional, or local level to achieve the priorities identified in subdivision (a)(1) of this section and the goals established in the plan. These portions of the plan shall be based, in part, on an assessment of the status, capacity, and life expectancy of existing solid waste facilities, and they shall include siting criteria for waste management facilities and shall establish requirements for full public involvement.

(b) The Secretary shall hold public hearings, conduct analyses, and make recommendations to the House Committee on Environment and the Senate Committee on Natural Resources and Energy regarding the volume, amount, and toxicity of the waste stream. In this process, the Secretary shall consult with manufacturers of commercial products and of packaging used with commercial products, retail sales enterprises, health and environmental advocates, waste management specialists, the general public, and State agencies. The goal of the process is to ensure that packaging used and products sold in the State are not an undue burden to the State's ability to manage its waste. The Secretary shall seek voluntary changes on the part of the industrial and commercial sector in both their practices and the products they sell, so as to serve the purposes of this section. In this process, the Secretary may obtain voluntary compliance schedules from the appropriate industry or commercial enterprise and shall entertain recommendations for alternative approaches. The Secretary shall report at the beginning of each biennium to the House Committee on Environment and the Senate Committee on Natural Resources and Energy with any recommendations or options for legislative consideration. At least 45 days prior to submitting the report, the Secretary shall post any recommendations within the report to the Agency's website for notice and comment.

(1) In carrying out the provisions of this subsection, the Secretary first shall consider ways to keep hazardous material; toxic substances, as that term is defined in subdivision 6624(7) of this title; and nonrecyclable, nonbiodegradable material out of the waste stream, as soon as possible. In this process, immediate consideration shall be given to the following:

(A) evaluation of products and packaging that contain large concentrations of chlorides, such as packaging made with polyvinyl chloride (PVC);

(B) evaluation of polystyrene packaging, particularly that used to package fast food on the premises where the food is sold;

(C) evaluation of products and packaging that bring heavy metals into the waste stream, such as disposable batteries, paint and paint products and containers, and newspaper supplements and similar paper products; and

(D) identification of unnecessary packaging, which is nonrecyclable and nonbiodegradable.

(2) With respect to the items listed in subdivision (1) of this subsection, the Secretary shall consider the following:

(A) product and packaging bans, products or packaging that ought to be exempt from such bans, the existence of less burdensome alternatives, and alternative ways that a ban may be imposed;

(B) tax incentives, including the following options:

(i) product taxes, based on a sliding scale, according to the degree of undue harm caused by the product, the existence of less harmful alternatives, and other relevant factors; and

(ii) taxes on all nonrecyclable, nonbiodegradable products or packaging; and

(C) deposit and return legislation for certain products.

(c) A portion of the State's Solid Waste Management Plan shall set forth a comprehensive statewide program for the collection, treatment, beneficial use, and disposal of septage and sludge. The Secretary shall work cooperatively with the Department of Health and the Agency of Agriculture, Food and Markets in developing this portion of the Plan and the rules to carry it out, both of which shall be consistent with or more stringent than that prescribed by section 405 of the Clean Water Act (33 U.S.C. § 1251 et seq.). In addition, the Secretary shall consult with local governmental units and the interested public in the development of the plans. The sludge management plan and the septage management plan shall be developed and adopted by January 15, 1987. In the development of these portions of the plan, consideration shall be given to, but shall not be limited to, the following:

(1) the varying characteristics of septage and sludge;

(2) its value as a soil amendment;

(3) the need for licensing or other regulation of septage and sludge handlers;

(4) the need for seasonal storage capability;

(5) the most appropriate burdens to be borne by individuals, municipalities, and industrial and commercial enterprises;

(6) disposal site permitting procedures;

(7) appropriate monitoring and reporting requirements;

(8) actions that can be taken through existing State programs to facilitate beneficial use of septage and sludge;

(9) the need for regional septage facilities;

(10) an appropriate public information program; and

(11) the need for and proposed nature and cost of appropriate pilot projects.

(d) Although the plan adopted under this section and any amendments to the plan shall be adopted by means of a public process that is similar to the process involved in the adoption of administrative rules, the plan, as initially adopted or as amended, shall not be a rule.
10 V.S.A. § 6084 — VT Code / Title 10 / Chapter 151 / Section 6084
§ 6084. Notice of application; hearings; commencement of review
Status: in_force

(a) Upon the filing of an application with the District Commission, the District Commission shall send, by electronic means, notice of the application to the owner of the land if the applicant is not the owner; the municipality in which the land is located; the municipal and regional planning commissions for the municipality in which the land is located; the Vermont Agency of Natural Resources; and any adjacent Vermont municipality and municipal and regional planning commission if the land is located on a municipal or regional boundary. The District Commission shall send by electronic means a copy of the notice to the town clerk's office of the town or towns in which the project lies. The town clerk shall post the notice in the town office. The applicant shall also provide a list of adjoining landowners to the District Commission. Upon request and for good cause, the District Commission may authorize the applicant to provide a partial list of adjoining landowners in accordance with Board rules.

(b) Upon an application being ruled complete, the District Commission shall determine whether to process the application as a major application with a required public hearing or process the application as a minor application with the potential for a public hearing in accordance with Board rules.

(1) For major applications, the District Commission shall provide notice not less than 14 days prior to any scheduled hearing or prehearing conference to the applicant; the owner of the land if the applicant is not the owner; the municipality in which the land is located; the municipal and regional planning commissions for the municipality in which the land is located; any adjacent Vermont municipality and municipal and regional planning commission if the land is located on a municipal or regional boundary; adjoining landowners as deemed appropriate by the District Commission pursuant to the rules of the Board; and any other person the District Commission deems appropriate.

(2) For minor applications, the District Commission shall provide notice of the commencement of application review to the persons listed in subdivision (1) of this subsection.

(3) For both major and minor applications, the District Commission shall also provide such notice and a copy of the application to: the Board and any affected State agency; the solid waste management district in which the land is located, if the development or subdivision constitutes a facility pursuant to subdivision 6602(10) of this title; and any other municipality, State agency, or person the District Commission deems appropriate.

(c) Anyone required to receive notice of commencement of minor application review pursuant to subsection (b) of this section may request a hearing by filing a request within the public comment period specified in the notice pursuant to Board rules. The District Commission, on its own motion, may order a hearing within 20 days of notice of commencement of minor application review.

(d) Any hearing or prehearing conference for a major application shall be held within 40 days of receipt of a complete application; or within 20 days of the end of the public comment period specified in the notice of minor application review if the District Commission determines that it is appropriate to hold a hearing for a minor application.

(e) Any notice for a major or minor application, as required by this section, shall also be published by the District Commission in a local newspaper generally circulating in the area where the development or subdivision is located and on the Board's website not more than 10 days after receipt of a complete application.

(1) Notice of any hearing for a major application shall be published, as required by this section, not less than 14 days before the hearing or prehearing conference.

(2) If the District Commission determines that it is appropriate to hold a hearing for an application that was originally noticed as a minor application, then the application shall be renoticed as a major application in accordance with the requirements of this section and Board rules, except that there shall be no requirement to publish the second notice in a local newspaper. Direct notice of the hearing to all persons listed in subdivisions (b)(1) and (3) of this section shall be deemed sufficient.

(f) The applicant shall post a sign provided by the District Commission on the subject property in a visible location 14 days prior to the hearing on the application and until the permit is issued or denied. The District Commission shall provide the sign that shall include a general description of the project, the date and place of the hearing, the identification number of the application and the internet address, and the contact information for the District Commission. The design of the signs shall be consistent throughout the State and prominently state “This Property has applied for an Act 250 Permit.”

(g) When an application concerns the construction of improvements for one of the following, the application shall be processed as a minor application in accordance with subsections (b) through (e) of this section:

(1) a sawmill that produces three and one-half million board feet or less annually; or

(2) an operation that involves the primary processing of forest products of commercial value and that annually produces:

(A) 3,500 cords or less of firewood or cordwood; or

(B) 10,000 tons or less of bole wood, whole tree chips, or wood pellets.
10 V.S.A. § 723 — VT Code / Title 10 / Chapter 31 / Section 723
§ 723. Powers of supervisors
Status: in_force

The supervisors shall have the following powers:

(1) To conduct surveys, investigations and research relating to the character of soil erosion and its prevention and control measures and natural resources conservation;

(2) To conduct demonstration projects within the district on lands owned or controlled by this State or any of its agencies, with the cooperation of the agency administering and having jurisdiction, and on any other lands within the district upon obtaining the consent of the owners of the lands or the necessary rights or interests in the lands in order to demonstrate by example the means, methods and measures by which soil erosion, in all its forms can be prevented and controlled and the conservation of natural resources;

(3) To carry out measures for the prevention and control of soil and stream bank erosion and the protection and conservation of natural resources, within the district including, engineering operations, methods of cultivation, the growing of vegetation, and the changes in use of land, on lands owned or controlled by this State or any of its agencies, with the cooperation of the agency administering and having jurisdiction, and on any other lands within the district upon obtaining the consent of the owner of the lands;

(4) To cooperate, or enter into agreements with, and, within the limits of appropriations duly made available, to furnish financial or other aid to any agency, governmental or otherwise, or any owner of lands within the district, in the carrying on of erosion-control and prevention operations and conservation of natural resources within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this chapter;

(5) To obtain options upon and to acquire by purchase, exchange, lease, gift, grant or bequest, any property, real or personal; to maintain, administer and improve any properties acquired; to receive income from the properties and to expend the income in carrying out the purposes and provisions of this chapter; and to borrow money, mortgage, sell, lease, or otherwise dispose of any of its property or interests in property in furtherance of the purposes and the provisions of this chapter, provided however, that real estate shall not be mortgaged, and provided however, that the sale, lease, or other disposition of real property of the district is approved by the written consent of the governor;

(6) To make available, on such terms as it shall prescribe, to landowners within the district, agricultural and engineering machinery and equipment, fertilizer, seeds, and seedlings, and such other material or equipment as will assist the land owners to carry on operations upon their lands for the conservation of soil resources, control of soil and stream bank erosion, and protection and conservation of natural resources;

(7) To construct, improve, and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this chapter;

(8) To develop comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion and the protection and conservation of natural resources within the district, which plans shall specify in such detail as may be possible, the acts, procedures, performances, and avoidances that are necessary or desirable, and to publish such plans and information and bring them to the attention of occupiers of lands within the district;

(9) To administer by purchase, grant, or lease any soil conservation, erosion-control or natural resources conservation project located within its boundaries that are undertaken by the United States or any of its agencies; to manage as agent of the United States or any of its agencies, any soil-conservation, erosion-control, or natural resources conservation project within its boundaries; to act as agent for the United States, or any of its agencies, in connection with the acquisition, construction, operation, or administration of any soil-conservation, erosion-control, or natural resources conservation project within its boundaries; to accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, or from this state or any of its agencies or any private institution or source, and to use or expend such monies, services, materials, or other contributions in carrying on its operations;

(10) To sue and be sued in the name of the district; to have a seal which shall be judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and to execute contracts necessary or convenient to the exercise of its powers; to make, and from time to time amend and repeal, rules not inconsistent with the provisions of this chapter, to carry into effect its purposes and powers;

(11) As a condition to the extending of any benefits under this chapter, the supervisors may require contributions to any operations conferring such benefits.
10APPENDIX V.S.A. § 116 — VT Code / Title 10APPENDIX / Chapter 2 / Section 116
App. § 116. Atlantic salmon management in Connecticut River
Status: in_force

(a) Definitions.

(1) “Angling” means fishing with hook and line which must be personally attended.

(2) “Fly fishing” means angling with the use of a single fly with either a single or double (side by side) hook, whose gape may not exceed 1/2 inch, dressed with hair, feathers, tinsel, thread, yarn or similar material. The use of lead core lines is prohibited. Additional weight may not be built into the fly in its construction, as in a weighted nymph, and no additional weight or other attachments such as spinners or swivels shall be attached to the hook, leader or line, and the use of open or closed face spinning reels, spin cast reels, free spool reels, bait casting reels or similar devices is prohibited.

(3) “River” means the main stem of the Connecticut River from a line drawn from Griswold Point in Old Lyme, Connecticut to Lynde Point, Old Saybrook, Connecticut upstream to the base of the dam at Lake Francis in Pittsburg, New Hampshire.

(4) “Snagging” (snatching, lifting or jigging) means the taking or attempting to take any fish by foul hooking, that is, hooking the fish in any part of the body other than inside the mouth.

(5) “States” means the Connecticut River basin states of Connecticut, Massachusetts, New Hampshire and Vermont.

(6) “Take” or “taking” means killing or capturing or otherwise rendering into possession.

(b) Connecticut River Basin Atlantic Salmon License.

(1) In accordance with the authorizing statutes, no person shall take, attempt to take, assist in taking or possess on the waters or the shores of the river or any of its tributaries any Atlantic salmon without first having obtained a Connecticut River basin Atlantic salmon license.

(2) Such license shall be issued by the states on forms provided by the Commission and shall be valid during the calendar year of issue.

(3) No person shall be issued such license unless such person has first obtained the appropriate sport fishing license required by the state which is to issue the Connecticut River basin Atlantic salmon license.

(4) Such license shall be displayed in a conspicuous manner on the outer garment at all times when angling for Atlantic salmon.

(5) The fee for such license shall be ten dollars and fifty cents ($10.50), fifty cents ($0.50) of which may be retained by the state of issuance.

(c) Seasons, methods and limits.

(1) No person shall take or attempt to take from the river or possess on the waters or shores of the river any Atlantic salmon except that the Commission, acting under Article VIII, Section 6 of its Statement of Practices and Procedures, when it has evidence that sufficient numbers of Atlantic salmon have returned to the river, may declare an open season in the river or in specified sections of the river for such periods as it deems appropriate and may close such season for cause.

(2) Upon the declaration of an open season for Atlantic salmon in the river, the Commission shall provide, to the states, Connecticut River Atlantic salmon tags to be issued, at no additional cost, to holders of the Connecticut River basin Atlantic salmon license in a number determined by the Commission to be the individual season creel limit. Any person taking any Atlantic salmon in the main stem of the Connecticut River shall immediately attach thereto a Connecticut River salmon tag and the possession of an Atlantic salmon on the waters or shores of the river without such tag attached and the removal of such tag prior to preparation for consumption is prohibited.

(3) During any open season declared by the Commission, Atlantic salmon may be taken by fly fishing only, the minimum length for Atlantic salmon shall be fifteen (15) inches and the daily and seasonal creel limit shall be as determined by the Commission upon declaration of an open season.

(4) Any Atlantic salmon taken under the provisions of this section must be presented for inspection within forty-eight (48) hours to an authorized agent of the fish and wildlife agency in the state in which such Atlantic salmon was taken.

(5) The snagging of Atlantic salmon is prohibited.

(6) The taking of Atlantic salmon with the aid of an artificial light is prohibited.

(7) No Atlantic salmon may be taken within 250 feet of any dam or fishway.

(8) The use of a gaff to land Atlantic salmon is prohibited.

(9) All Atlantic salmon taken contrary to this section shall be immediately returned, without avoidable injury, to the water from which taken.

(d) Scientific purposes. Nothing in this section shall prohibit a duly authorized state, federal, or Commission employee, acting within the scope of official employment, from taking or possessing Atlantic salmon for the purposes of research, management or propagation.

(e) Penalties. Any person who violates any provision of this section shall be subject to the penalties set forth in the statutes of the state in which the violation occurred. Upon conviction of any person for any violation of any provision of this section, the Connecticut River basin license issued to such person and the right to obtain such license shall be suspended for a period of one year for the first violation, two years for the second violation and five years for the third and subsequent violations. Upon suspension of said license, any Connecticut River Atlantic salmon tags issued under the provisions of this section shall be surrendered to the state of issuance.

(f) Effective date. The effective date of this section shall be June 1, 1985.
10 V.S.A. § 5202 — VT Code / Title 10 / Chapter 119 / Section 5202
§ 5202. Private ponds, stocking
Status: in_force

The Commissioner may, at his or her discretion, stock a private pond that allows some charitable or nonprofit organizations to use the area at no charge. In that case, the owner may prohibit the taking of fish or game by the general public under section 5201 of this title.
10 V.S.A. § 7564 — VT Code / Title 10 / Chapter 166 / Section 7564
§ 7564. Rulemaking
Status: in_force

The Secretary of Natural Resources may adopt rules to implement the requirements of this chapter.
10 V.S.A. § 6027 — VT Code / Title 10 / Chapter 151 / Section 6027
§ 6027. Powers
Status: in_force

(a) The Board and District Commissions shall have supervisory authority in environmental matters respecting projects within their jurisdiction and shall apply their independent judgment in determining facts and interpreting law. Each shall have the power, with respect to any matter within its jurisdiction, to:

(1) administer oaths, take depositions, subpoena and compel the attendance of witnesses, and require the production of evidence;

(2) allow parties to enter upon lands of other parties for the purposes of inspecting and investigating conditions related to the matter before the Board or Commission;

(3) enter upon lands for the purpose of conducting inspections, investigations, examinations, tests, and site evaluations as it deems necessary to verify information presented in any matter within its jurisdiction; and

(4) apply for and receive grants from the federal government and from other sources.

(b) The powers granted under this chapter are additional to any other powers that may be granted by other legislation.

(c) The Board may designate or establish regional offices as it deems necessary to implement the provisions of this chapter and the rules adopted. The Board may designate or require a regional planning commission to receive applications, provide administrative assistance, perform investigations, and make recommendations.

(d) At the request of a District Commission, if the Board Chair determines that the workload in the requesting district is likely to result in unreasonable delays or that the requesting District Commission is disqualified to hear a case, the Chair may authorize the District Commission of another district to sit in the requesting district to consider one or more applications.

(e) The Board may by rule allow joint hearings to be conducted with specified State agencies or specified municipalities.

(f) The Board may publish online or contract to publish annotations and indices of the decisions of the Environmental Division and the text of those decisions. The published product shall be available at a reasonable rate to the general public and at a reduced rate to libraries and governmental bodies within the State.

(g) The Board shall manage the process by which land use permits are issued under section 6086 of this title, may initiate enforcement on related matters under the provisions of chapters 201 and 211 of this title, and may petition the Environmental Division for revocation of land use permits issued under this chapter. Grounds for revocation are:

(1) noncompliance with this chapter, rules adopted under this chapter, or an order that is issued that relates to this chapter;

(2) noncompliance with any permit or permit condition;

(3) failure to disclose all relevant and material facts in the application or during the permitting process;

(4) misrepresentation of any relevant and material fact at any time;

(5) failure to pay a penalty or other sums owed pursuant to, or other failure to comply with, court order, stipulation agreement, schedule of compliance, or other order issued under Vermont statutes and related to the permit; or

(6) failure to provide certification of construction costs, as required under subsection 6083a(a) of this title, or failure to pay supplemental fees as required under that section.

(h) The Board may hear appeals of fee refund requests under section 6083a of this title.

(i) The Chair, subject to the direction of the Board, shall have general charge of the offices and employees of the Board and the offices and employees of the District Commissions.

(j) The Board may participate as a party in all matters before the Environmental Division that relate to land use permits issued under this chapter.

(k) The Board shall review applications for Tier 1A areas and approve or disapprove based on whether the application demonstrates compliance with the requirements of section 6034 of this title. The Board shall produce guidelines for municipalities seeking to obtain the Tier 1A area status.

(l) A District Commission may reject an application under this chapter that misrepresents any material fact and may after notice and opportunity for hearing award reasonable attorney's fees and costs to any party or person who may have become a party but for the false or misleading information or who has incurred attorney's fees or costs in connection with the application.

(m) After notice and opportunity for hearing, a District Commission may withhold a permit or suspend the processing of a permit application for failure of the applicant to pay costs assessed under 3 V.S.A. § 2809 related to the participation of the Agency of Natural Resources in the review of the permit or permit application.

(n) The Board shall review for compliance regional plans and the future land use maps, including proposed Tier 1B areas, developed by the regional planning commissions pursuant to 24 V.S.A. § 4348a.
10 V.S.A. § 1922 — VT Code / Title 10 / Chapter 59 / Section 1922
§ 1922. Definitions
Status: in_force

As used in this chapter:

(1) “Aboveground storage tank” means any tank, other than an underground storage tank, used to store any of the following petroleum products: gasoline, diesel, kerosene, used oil, or heating oil.

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

(3) “Operator” means any person in control of, or having responsibility for, the daily operation of the underground or aboveground storage tank.

(4) “Owner” means:

(A) in the case of any underground storage tank in use on July 1, 1985 or brought into use after that date, any person who owns an underground storage tank used for storage or dispensing of regulated substances;

(B) in the case of any underground storage tank in use before July 1, 1985 and no longer in use on that date, any person who owned such tank immediately before the discontinuance of its use;

(C) any person who owns an aboveground storage tank.

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

(6) “Regulated substance” means all petroleum and toxic, corrosive, or other chemicals and related sludge included in the following:

(A) any substance defined in section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 but does not include any substance regulated as a hazardous waste under chapter 159 of this title;

(B) petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute);

(C) any other substance as designated by rule of the Secretary.

(7) “Release” means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank or aboveground storage tank into groundwater, surface water, or soils.

(8) “Secretary” means the Secretary of Natural Resources or the Secretary's duly authorized representative.

(9) “Tank integrity demonstration” means a test or a series of tests or other appropriate procedures prescribed by the Secretary to ascertain the condition of an underground storage tank and its surroundings. A tank integrity demonstration may be performed only by a tank inspector licensed under this chapter and shall be completed upon submission of a report detailing the results of one or more approved tests and the Secretary's approval of that report.

(10) “Underground storage tank” means any one or combination of tanks, including underground pipes connected to it or them, that is or has been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to it or them, is 10 percent or more beneath the surface of the ground. Provided, however, that the following are excluded from the definition of “underground storage tanks” established under this section:

(A) septic tanks and manure storage tanks;

(B) flow through process tanks permitted under chapter 47 of this title and tanks regulated by chapter 159 of this title;

(C) stormwater or wastewater collection systems;

(D) storage tanks situated in an underground area if the tank is upon or above the area floor;

(E) pipeline facilities regulated by the federal Natural Gas Pipeline Safety Act (49 U.S.C. App. 1671 et seq.), the Hazardous Liquid Pipeline Safety Act (49 U.S.C. App. 2001 et seq.) or an intrastate pipeline regulated under State laws similar to the foregoing;

(F) liquid petroleum gas storage tanks, used predominantly for the storage of propane, propylene, butane, and butylenes, regulated by the Vermont Fire Prevention and Building Code.

(11) “Category one tank” means an underground storage tank, except for the following:

(A) fuel oil storage tanks used for on-premises heating purposes,

(B) farm or residential tanks for storing motor fuel.

(12) “Bodily injury” means bodily injury, including sickness, disease, or death, sustained by any person.

(13) “Property damage” means:

(A) physical damage to tangible property including all resulting loss of use of that property; or

(B) loss of use of tangible property that is not physically damaged.

(14) “Bulk storage tank” means any aboveground petroleum storage tank at a facility required to have a Spill Prevention Control and Countermeasure (SPCC) Plan pursuant to 40 C.F.R. § 112.

(15) “Public building” shall have the same meaning as defined in 20 V.S.A. § 2730.

(16) “Acceptable piping” means:

(A) double-wall pressurized piping; or

(B) single-wall piping that operates under suction, is pitched evenly uphill from the tank top, and has only one check valve that is located at the dispenser, fuel burner, generator, or other piping termination point.

(17) “Double-wall tank system” means an underground storage tank system consisting of a double-wall tank and acceptable piping.

(18) “Combination tank system” means an underground storage tank system consisting of a single-wall tank and acceptable piping.

(19) “Single-wall tank system” means an underground storage tank system consisting of a single-wall tank and single-wall pressurized piping.

(20) “Petroleum Cleanup Fund” or “Fund” means the fund created by section 1941 of this title.

(21) “Motor Fuel Account” means the Motor Fuel Account of the Fund created by section 1941 of this title.

(22) “Heating Fuel Account” means the Heating Fuel Account of the Fund created by section 1941 of this title.
10 V.S.A. § 5408 — VT Code / Title 10 / Chapter 123 / Section 5408
§ 5408. Authorized takings; incidental takings; destruction of critical habitat
Status: in_force

(a) Authorized taking. Notwithstanding any provision of this chapter, after obtaining the advice of the Endangered Species Committee, the Secretary may permit, under such terms and conditions as the Secretary may require as necessary to carry out the purposes of this chapter, the taking of a threatened or endangered species, the destruction of or adverse impact on critical habitat, or any act otherwise prohibited by this chapter if done for any of the following purposes:

(1) scientific purposes;

(2) to enhance the propagation or survival of a threatened or endangered species;

(3) zoological exhibition;

(4) educational purposes;

(5) noncommercial cultural or ceremonial purposes; or

(6) special purposes consistent with the purposes of the federal Endangered Species Act.

(b) Incidental taking. After obtaining the advice of the Endangered Species Committee, the Secretary may permit, under such terms and conditions as necessary to carry out the purposes of this chapter, the incidental taking of a threatened or endangered species or the destruction of or adverse impact on critical habitat if:

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

(2) the taking is attendant or secondary to, and not the purpose of, the lawful activity;

(3) the impact of the permitted incidental take is minimized; and

(4) the incidental taking will not impair the conservation or recovery of any endangered species or threatened species.

(c) Transport through State. Nothing in this chapter shall prevent a person who holds a proper permit from the federal government or any other state from transporting a member of a threatened or endangered species from a point outside this State through the State.

(d) Possession. Nothing in this chapter shall prevent a person from possessing in this State wildlife or wild plants that are not determined to be “endangered” or “threatened” under the federal Endangered Species Act where the possessor is able to produce substantial evidence that the wildlife or wild plant was first taken or obtained in a place without violating the law of that place, provided that an importation permit may be required under section 4714 of this title or the rules of the Department of Fish and Wildlife.

(e) Interference with agricultural or silvicultural practices. No rule adopted under this chapter shall cause undue interference with farming, forestry operations, or accepted silvicultural practices. This section shall not be construed to exempt any person from the provisions of the requirements of this chapter. The Secretary shall not adopt rules that affect farming, forestry operations, or accepted silvicultural practices without first consulting the Secretary of Agriculture, Food and Markets and the Commissioner of Forests, Parks and Recreation.

(f) Consistency with State law. Nothing in this chapter shall be interpreted to limit or amend the definitions and applications of necessary habitat in chapter 151 of this title or in 30 V.S.A. chapter 5.

(g) Effect on federal law. Nothing in this section permits a person to violate any provision of federal law concerning federally protected threatened or endangered species.

(h) Permit application. An applicant for a permit under this section shall submit an application to the Secretary that includes the following information:

(1) a description of the activities that could lead to a taking of a listed threatened or endangered species or the destruction of or adverse impact on critical habitat;

(2) the steps that the applicant has or will take to avoid, minimize, and mitigate the impact to the relevant threatened or endangered species or critical habitat;

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

(4) a summary of the alternative actions to the taking or destruction of critical habitat that the applicant considered and the reasons that these alternatives were not selected, if applicable;

(5) the name or names and obligations and responsibilities of the person or persons that will be involved in the proposed taking or destruction of critical habitat; and

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

(i) Permit fees.

(1) Fees to be charged to a person applying to take a threatened or endangered species under this section shall be:

(A) to take for scientific purposes, to enhance the propagation or survival of the species, noncommercial cultural or ceremonial purposes, or for educational purposes or special purposes consistent with the federal Endangered Species Act, $50.00;

(B) to take for a zoological or botanical exhibition, $250.00 for each listed wildlife or wild plant taken up to a maximum of $25,000.00; and

(C) for an incidental taking, $250.00 for each listed wildlife or wild plant taken up to a maximum of $25,000.00.

(2) The Secretary may require the implementation of mitigation strategies and may collect mitigation funds, in addition to the permit fees, in order to mitigate the impacts of a taking or the destruction of or adverse impact on critical habitat. Mitigation may include:

(A) a requirement to rectify the taking or adverse impact or to reduce the adverse impact over time;

(B) a requirement to manage or restore land within the area of the proposed activity or in an area outside the proposed area as habitat for the threatened or endangered species; or

(C) compensation, including payment into the Threatened and Endangered Species Fund for the uses of that Fund, provided that any payment is commensurate with the taking or adverse impact proposed.

(3) Fees and mitigation payments collected under this subsection and interest on fees and mitigation payments shall be deposited in the Threatened and Endangered Species Fund and shall be used solely for expenditures of the Department of Fish and Wildlife related to threatened and endangered species. Expenditures may be made for monitoring, restoration, conservation, recovery, and the acquisition of property interests and other purposes consistent with this chapter. Where practical, the fees collected for takings shall be devoted to the conservation or recovery of the taken species or its habitat. Interest accrued on the Fund shall be credited to the Fund.

(j) Permit term. A permit issued under this section shall be valid for the period of time specified in the permit, not to exceed five years. A permit issued under this section may be renewed upon application to the Secretary.

(k) Public notice. Except for threatened and endangered species listed by the Secretary in accordance with subsection 5410(b) of this title, prior to issuing a permit for an incidental taking and prior to the initial issuance or amendment of a general permit under this section, the Secretary shall provide for public notice of not fewer than 30 days opportunity for written comment and opportunity to request a public informational hearing. Except for threatened and endangered species listed by the Secretary in accordance with subsection 5410(b) of this title, the Secretary shall post permit applications, permit decisions, and the initial or amended general permits on the website of the Agency of Natural Resources. Except for threatened and endangered species listed by the Secretary in accordance with subsection 5410(b) of this title, the Secretary also shall provide notice to interested persons who request notice of permit applications, permit decisions, and proposed general permits or proposed amendments to general permits.

(l) General permits.

(1) The Secretary may issue general permits for activities that will not affect the continued survival or recovery of a threatened or endangered species.

(2) A general permit issued under this chapter shall contain those terms and conditions necessary to ensure compliance with the provisions of this statute.

(3) These terms and conditions may include the implementation of best management practices and the adoption of specific mitigation measures and required surveying, monitoring, and reporting.

(4) The Secretary may issue a general permit to take a threatened or endangered species or destroy or adversely impact critical habitat only if an activity or class of activities satisfies one or more of the following criteria:

(A) the taking of a threatened or endangered species or the destruction of or adverse impact on critical habitat is necessary to address an imminent risk to human health;

(B) a proposed taking of a threatened or endangered species or the destruction of or adverse impact on critical habitat would enhance the overall long-term survival of the species; or

(C) the Secretary has approved best management practices that are designed, when applied, to minimize to the greatest extent possible the taking of a threatened or endangered species or the destruction of or adverse impact on critical habitat.

(5) On or before September 1, 2017, the Secretary shall issue a general permit for vegetation management and operational and maintenance activities conducted by a utility. The general permit shall have a five-year term. A one-time application for coverage by a utility shall be made for activities authorized by the general permit, and coverage under the general permit shall be for the term of the general permit. Until the general permit has been issued, no critical habitat designation for wild plants shall be made in a utility right-of-way. As used in this subdivision (5), “utility” means an electric company, telecommunication company, pipeline operator, or railroad company.

(6) Except for threatened and endangered species listed by the Secretary in accordance with subsection 5410(b) of this title, prior to issuing an initial or amended general permit under this subsection, the Secretary shall:

(A) post a draft of the general permit on the Agency website;

(B) provide public notice of at least 30 days; and

(C) provide for written comments or a public hearing, or both.

(7) For applications for coverage under the terms of an issued general permit, the applicant shall provide notice on a form provided by the Secretary. Except for threatened and endangered species listed by the Secretary in accordance with subsection 5410(b) of this title, the Secretary shall post notice of the application on the Agency website and shall provide an opportunity for written comment, regarding whether the application complies with the terms and conditions of the general permit, for 10 days following receipt of the application.

(8) The Secretary may require any applicant for coverage under a general permit to submit additional information that the Secretary considers necessary and may refuse to approve coverage under the terms of a general permit until the information is furnished and evaluated.

(9) The Secretary may require any applicant for coverage under a general permit to seek an individual permit under this section if the applicant does not qualify for coverage.

(10) The Secretary may require a person operating under a general permit issued under this section to obtain an individual permit under this section if the person proposes to destroy or adversely impact critical habitat that was designated under section 5402a of this title after issuance of the general permit, unless existing best management practices approved under the general permit adequately protect the critical habitat or have been amended to do so prior to the critical habitat designation pursuant to section 5402a of this title.
10 V.S.A. § 6003 — VT Code / Title 10 / Chapter 151 / Section 6003
§ 6003. Penalties
Status: in_force

A violation of any provision of this chapter or the rules adopted under this chapter is punishable by a fine of not more than $500.00 for each day of the violation or imprisonment for not more than two years, or both. A person who completely transfers ownership and control of property that is the subject of a permit under this chapter shall not be liable for later violations of that permit by another person.
10APPENDIX V.S.A. § 16 — VT Code / Title 10APPENDIX / Chapter 1 / Section 16
App. § 16. Suspension of licenses: Enforcement of child support orders, 15 @ § 798
Status: in_force

16.1 For the purposes of this rule the term “license” shall include any and all licenses and permits issued by the Vermont Fish & Wildlife Department.

16.2 Upon receipt of a license suspension order issued by the court pursuant to 15 V.S.A. § 798, a suspension notice shall be issued to the license holder. The license holder shall have 15 days to contest the suspension based on the grounds of mistaken identity or compliance with the support order. If the suspension is not contested, the suspension will be effective on the 16th day as provided in the notice and the license shall be forwarded to the Law Enforcement Division of the Fish & Wildlife Department, 103 South Main Street, Waterbury, VT.

16.3 All notices of compliance with a child support order shall be upon a standard compliance form, as devised and approved by the court, the Vermont Agency of Human Services, Department of Children and Families, and this Department.

16.4 If the motion for the court order was brought by the Vermont Agency of Human Services, Department of Children and Families, then notice of compliance shall only be accepted from the Vermont Agency of Human Services, Department of Children and Families or the court.

16.5 If the motion for the court order was brought by the custodial parent, then notice of compliance shall be accepted from the custodial parent, custodial parent's attorney, or the court.

16.6 If the notice of compliance was dated before the effective date of the suspension, the suspension shall be canceled.

16.7 Upon notice of reinstatement from the court, the Department shall reissue the suspended license and notify the individual of such within five (5) working days of the receipt of the notice. The Department shall charge a reinstatement fee equal to the cost of the original license.

16.8 Department personnel shall direct all inquiries from persons seeking reinstatement to the court or the Vermont Agency of Human Services, Department of Children and Families, if Vermont Agency of Human Services, Department of Children and Families was the entity which brought the motion for suspension before this court.
10 V.S.A. § 2622 — VT Code / Title 10 / Chapter 83 / Section 2622
§ 2622. Rules; harvesting timber; forests; acceptable management practices for maintaining water quality
Status: in_force

(a) Silvicultural practices. The Commissioner shall adopt rules to establish methods by which the harvest and utilization of timber in private and public forestland will be consistent with continuous forest growth, including reforestation, will prevent wasteful and dangerous forestry practices, will regulate heavy cutting, will encourage good forestry management, will enable and assist landowners to practice good forestry management, and will conserve the natural resources consistent with the purposes and policies of this chapter, giving due consideration to the need to ensure continuous supplies of forest products and to the rights of the owner or operator of the land. The rules adopted under this subsection shall be advisory and not mandatory except that the rules adopted under section 2625 of this title for the regulation of heavy cutting shall be mandatory as shall other rules specifically authorized to be mandatory.

(b) Acceptable management practices. On or before July 1, 2016, the Commissioner shall revise by rule the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont. The revised acceptable management practices shall ensure that all logging operations, on both public and private forestland, are designed to: prevent or minimize discharges of sediment, petroleum products, and woody debris (logging slash) from entering streams and other bodies of water; improve soil health of forestland; protect aquatic habitat and aquatic wildlife; and prevent erosion and maintain natural water temperature. The purpose of the acceptable management practices is to provide measures for loggers, foresters, and landowners to utilize, before, during, and after logging operations, to comply with the Vermont Water Quality Standards and minimize the potential for a discharge from logging operations in Vermont in accordance with section 1259 of this title. The rules adopted under this subsection shall be advisory and not mandatory.
10 V.S.A. § 6310 — VT Code / Title 10 / Chapter 155 / Section 6310
§ 6310. Conservation easement holder; nonmerger
Status: in_force

If a holder of a conservation easement is or becomes the owner in fee simple of property subject to the easement, the easement shall continue in effect and shall not be extinguished.
10 V.S.A. § 4255 — VT Code / Title 10 / Chapter 105 / Section 4255
§ 4255. License fees
Status: repealed

(a) Vermont residents may apply for licenses on forms provided by the Commissioner. Fees for each license shall be:

(b) Nonresidents may apply for licenses on forms provided by the Commissioner. Fees for each license shall be:

(c) A permanent or free license may be secured on application to the Department by a person qualifying as follows:

(1) A Vermont resident 66 years of age or older may receive one or all of the following licenses for $60.00:

(A) a permanent fishing license;

(B) if the person qualifies for a hunting license, a permanent combination fishing and hunting license, which shall include all big game licenses except for a moose license;

(C) if the person qualifies for a trapping license, a permanent trapping license; and

(D) if the person qualifies for an archery license, a permanent archery license.

(2) A person who is legally blind who is a Vermont resident may receive a free permanent fishing license upon submittal of proper proof of blindness as the Commissioner shall require. A person who is legally blind who is a resident in a state that provides a reciprocal privilege for Vermont residents may receive a free one-year fishing license.

(3) A Vermont resident with paraplegia as defined in subdivision 4001(30) of this title or a permanent, severe, physical mobility disability certified by a physician may receive a free permanent fishing license or, if the person qualifies for a hunting license, a free combination hunting and fishing license. A person with paraplegia or a person certified by a physician to have permanent, severe, physical mobility disability who is a resident of a state that provides a reciprocal privilege for Vermont residents may receive a free one-year fishing license or, if the person qualifies for a hunting license, a free one-year combination fishing and hunting license.

(4) A Vermont resident who is a veteran of the U.S. Armed Forces and who is, or ever has been, 60 percent disabled as a result of a service-connected disability may receive a free fishing, hunting, or combination hunting and fishing license that shall include all big game licenses, except for a moose license, upon presentation of a certificate issued by the veterans' administration so certifying. A resident of a state that provides a reciprocal privilege for Vermont veterans and who would qualify for a free license under this subdivision if the person were a Vermont resident may receive a free one-year fishing, hunting, or combination hunting and fishing license.

(5) A person participating in a fishing tournament for Special Olympics may receive a free fishing license valid for that event.

(6) In each year a permanent license holder intends to hunt, trap, or fish, the permanent license holder shall notify the Department that he or she will exercise his or her hunting, trapping, or fishing privileges. Failure to notify the Department as required by this subdivision (c)(6) shall not result in the assessment of points under section 4502 of this title.

(7) A certified citizen of a Native American Indian tribe that has been recognized by the State pursuant to 1 V.S.A. chapter 23 may receive free of charge one or all of the permanent fishing, hunting, or trapping licenses set forth in subdivisions (1)(A)–(D) of this subsection if qualified for the license and upon submission of a current and valid tribal identification card.

[Subdivision (c)(8) effective January 1, 2026.]

(8) A person with developmental disabilities who is a Vermont resident may receive a free permanent fishing license upon submission to the Commissioner of a statement signed by the person's treating health care provider, as that term is defined in 18 V.S.A. § 9402, certifying that the person meets the definition of a person with development disabilities. “A person with developmental disabilities” has the same meaning as in 18 V.S.A. § 9302.

(d) A nonresident student who is otherwise qualified and who is enrolled in a program of secondary education or in a college or university within the State at which he or she has successfully completed two successive semesters shall be entitled to a resident fishing, hunting, or combination hunting and fishing license upon presentation of a document from a school that affirms his or her status and payment of the fees set forth in this section, provided the student applies for the license to an authorized license agent.

(e) The Commissioner shall issue honorary hunting and fishing licenses to the President and Vice President of the United States. The Commissioner may, at his or her discretion, issue free licenses that are valid for one year or less.

(f)-(h) [Repealed.]

(i)(1) The fee for a permit to trap hare and rabbits shall be $20.00.

(2) The fee for a permit to transport minnows or bait fish shall be $50.00.

(j) If the Board determines that a moose season will be held in accordance with the rules adopted under sections 4082 and 4084 of this title, the Commissioner annually may issue three no-cost moose licenses to a person who has a life-threatening disease or illness and who is sponsored by a qualified charitable organization, provided that at least one of the no-cost annual moose licenses awarded each year shall be awarded to a child or young adult 21 years of age or under who has a life-threatening illness. The child or adult shall comply with all other requirements of this chapter and the rules of the Board. Under this subsection, a person may receive only one no-cost moose license in his or her lifetime.

(k) The Commissioner may issue multi-year hunting, fishing, trapping, or combination hunting and fishing licenses of up to five years' duration. The cost of these licenses shall be the sum of the license fee established by this section for the first year, plus the cost of each additional year minus the filing fee established by subdivision 4254(e)(9) of this title for each year.

(l) If the Board determines that it is in the interest of bear management, it may authorize the Department to issue bear tags in addition to those allowed by a hunting license issued under this chapter.

(m) The fee for a therapeutic group fishing license issued under section 4254b of this title shall be $50.00 per year, provided that the Commissioner may waive the fee under this section if the applicant for a therapeutic group fishing license completes instructor certification under the Department's Let's Go Fishing Program. The Commissioner may, at his or her discretion, issue a free therapeutic fishing license to an applicant.

[Subsection (n) effective January 1, 2026.]

(n) The Commissioner shall maintain an accounting of lost revenue due to the issuance of free licenses. The Commissioner annually on or before January 15 shall submit to the Senate Committees on Appropriations and on Finance and the House Committees on Appropriations and on Ways and Means an accounting of lost revenue from the previous calendar year due to the issuance of free licenses.
10 V.S.A. § 4651 — VT Code / Title 10 / Chapter 112 / Section 4651
§ 4651. Authority
Status: in_force

The Governor is hereby authorized and directed to execute a Compact on behalf of the State of Vermont with the states of Connecticut, Massachusetts, and New Hampshire and with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service legally joining therein the form substantially as set forth herein.
10 V.S.A. § 738 — VT Code / Title 10 / Chapter 31 / Section 738
§ 738. More than three towns
Status: in_force

When the portion to be separated from a district and combined with another district consists of more than three towns, and the State Council has declared the move to be effective, the Council shall appoint two supervisors for each of the new districts. Where possible, these appointments shall be made from among the existing supervisors. In each case, the two appointed supervisors will proceed to organize the new district in the same manner in which a district is organized following a referendum. When the governing body of each of the new districts has been organized, the supervisors of both the old and the new districts shall apportion the assets, rights, and properties of the divided district among the new districts. If the supervisors of the affected districts cannot agree within 60 days from the date of election of the new supervisors, the State Council will make the apportionment. In doing this, the Council shall conduct hearings with the supervisors and others who may have an interest to assist them in making a decision. Upon completion of the distribution of the assets of the old districts, the old districts shall cease to exist and the supervisors thereof will no longer serve as their governing bodies.
10 V.S.A. § 4 — VT Code / Title 10 / Chapter 1 / Section 4
§ 4. New relocating employee incentives
Status: in_force

(a) The Agency of Commerce and Community Development shall design and implement a program to award incentive grants to relocating employees as provided in this section and subject to the policies and procedures the Agency adopts to implement the program.

(b) A relocating employee may be eligible for a grant under the program for qualifying expenses, subject to the following:

(1) A base grant shall not exceed $5,000.00.

(2) The Agency may award an enhanced grant, which shall not exceed $7,500.00, for a relocating employee who becomes a resident in a labor market area in this State in which:

(A) the average annual unemployment rate in the labor market area exceeds the average annual unemployment rate in the State; or

(B) the average annual wage in the State exceeds the annual average wage in the labor market area.

(c) The Agency shall:

(1) adopt procedures for implementing the program, which shall include a simple certification process to certify relocating employees and qualifying expenses;

(2) promote awareness of the program, including through coordination with relevant trade groups and by integration into the Agency's economic development marketing campaigns;

(3) adopt procedures to initially approve an applicant for a grant after verifying a relocating employee's eligibility and to make final payment of a grant after verifying that the relocating employee has completed relocation to this State; and

(4) adopt measurable goals, performance measures, and an audit strategy to assess the utilization and performance of the program.

(d) Annually, on or before January 15, the Agency shall submit a report to the House Committee on Commerce and Economic Development and the Senate Committee on Economic Development, Housing and General Affairs concerning the implementation of this section, including:

(1) a description of the policies and procedures adopted to implement the program;

(2) the promotion and marketing of the program; and

(3) an analysis of the utilization and performance of the program, including the projected revenue impacts and other qualitative and quantitative returns on investment in the program based on available data and modeling.

(e) As used in this section:

(1) “Qualifying expenses” means the actual costs a relocating employee incurs for relocation expenses, which may include moving costs, closing costs for a primary residence, rental security deposit, one month's rent payment, and other relocation expenses established in Agency guidelines.

(2) “Relocating employee” means an individual who meets the following criteria:

(A)(i) On or after July 1, 2021:

(I) the individual becomes a full-time resident of this State;

(II) the individual becomes a full-time employee at a Vermont location of a for-profit or nonprofit business organization domiciled or authorized to do business in this State, or of a State, municipal, or other public sector employer; and

(III) the employer attests to the Agency that, after reasonable time and effort, the employer was unable to fill the employee's position from among Vermont applicants; or

(ii) On or after February 1, 2022:

(I) the individual becomes a full-time resident of this State; and

(II) the individual is a full-time employee of an out-of-state business and performs the majority of his or her employment duties remotely from a home office or a co-working space located in this State.

(B) The individual receives gross salary or wages that equal or exceed the Vermont livable wage rate calculated pursuant to 2 V.S.A. § 526.

(C) The individual is subject to Vermont income tax.
10 V.S.A. § 1628 — VT Code / Title 10 / Chapter 55 / Section 1628
§ 1628. Priorities
Status: in_force

The Department shall make grant awards under this chapter to eligible municipal water pollution abatement and control projects on the basis of need as determined according to a system of priorities adopted by rule by the Department and to the extent appropriate funds are available. The system of priorities shall require consideration of criteria, including:

(1) whether a project is grant or loan eligible;

(2) the condition of the waters affected by the project and whether the waters are:

(A) not in compliance with the Vermont Water Quality Standards; or

(B) have a total maximum daily load (TMDL);

(3) whether the project will address water quality issues identified in a basin plan;

(4) whether the project will abate or control pollution that is causing or may cause a threat to public health;

(5) whether the project will address an emergency situation affecting or constituting a threat to the environment or the public health, safety, or welfare;

(6) if the project repairs or replaces existing infrastructure, the condition and integrity of such infrastructure;

(7) whether the project incorporates principles of environmental resiliency or sustainability, including energy efficiency, which reduce the environmental impacts of the project or a water pollution abatement and control facility;

(8) the fiscal integrity and sustainability of the project, including whether the project is a cost-effective alternative, when compared to other alternatives;

(9) whether the project serves a designated center;

(10) affordability factors for the municipality or municipalities in which the project is located, including:

(A) median household income;

(B) unemployment rate; and

(C) population trends; and

(11) if the project removes a pollutant for which the water or waters affected by the project are impaired, the cost-effectiveness of the project at removing that pollutant.
10 V.S.A. § 7554 — VT Code / Title 10 / Chapter 166 / Section 7554
§ 7554. Manufacturer opt-out individual plan
Status: in_force

(a) Opt-out of Standard Plan. A manufacturer or group of manufacturers may elect not to seek coverage under the Standard Plan established under section 7552 of this title, provided that the manufacturer or group of manufacturers complies with the requirements of subdivisions 7553(a)(1)-(3) of this title and submits an individual plan to the Secretary for approval that:

(1) provides for each county the number of collection methods identified in the Standard Plan adopted under section 7552 of this title;

(2) describes the collection, transportation, and recycling systems and service providers used, including a description of how the authority or authorized party will:

(A) seek to use businesses within the State, including retailers, charities, processors, and collection and transportation services, to fulfill its program goal under this section;

(B) fairly compensate collectors for providing collection services; and

(C) fairly compensate recyclers for providing recycling services;

(3) describes how the plan will provide service to covered entities;

(4) describes the processes and methods used to recycle electronic waste, including a description of the processing that will be used and the facility location;

(5) documents the audits of each recycler used in the Plan and compliance with recycling standards established under section 7559 of this title;

(6) describes the accounting and reporting systems that will be employed to track progress toward the Plan's equivalent share;

(7) includes a timeline describing start-up, implementation, and progress toward milestones with anticipated results;

(8) includes a public information campaign to inform consumers about how to recycle their electronic waste at the end of the product's life.

(b) Manufacturer program goal. An individual plan submitted under this section shall be implemented to ensure satisfaction of the manufacturer's electronic waste program goal. The Electronic Waste Recycling Program goal for a manufacturer that submits a plan under this section shall be the product of the relevant statewide recycling goal set forth in subsection 7555(a) of this title multiplied by the manufacturer's market share of covered electronic devices. A manufacturer that submits a plan under this section may only count electronic waste received from covered entities toward the Program goal set forth in this section.

(c) Collection from covered entities. A manufacturer that submits a plan under this section or a collector operating on behalf of a manufacturer that submits a plan under this section shall not charge a fee to covered entities for the collection, transportation, or recycling of electronic waste.

(d) Public review. Before approving an individual plan under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(e) Collection facilities. If a manufacturer that submits a plan under this section is required to implement a collection facility, the collection facility shall be staffed, open on an ongoing basis, and open to the public at a frequency approved by the Secretary in order to meet the needs of the area being served. A collection facility implemented under this section shall be prohibited from refusing or rejecting acceptance of electronic waste delivered to the facility for recycling.

(f) Annual report. Beginning August 1, 2012, a manufacturer that submits a plan under this section shall report by August 1 and annually thereafter to the Secretary the following:

(1) the type of electronic waste collected;

(2) the aggregate total weight of electronic waste the manufacturer recycled by type during the preceding program year;

(3) a list of recyclers utilized by the manufacturer;

(4) a description of the processes and methods used to recycle the electronic waste; and

(5) a summary of the educational and outreach activities undertaken by the manufacturer.

(g)(1) Parity surcharge. A manufacturer that submits a plan under this section shall be assessed a surcharge if the lesser of the following occurs:

(A) the manufacturer accepts less than the Program goal set forth in subsection (b) of this section; or

(B) the manufacturer accepts less than its market share portion of the total of electronic waste collected in the State.

(2) The surcharge shall be calculated by multiplying the average per pound of cost to the Secretary for the current program year to implement the Standard Plan plus 20 percent by the number of additional pounds of electronic waste that should have been accepted by the manufacturer. The surcharges collected under this section shall be deposited into the Electronic Waste Collection and Recycling Account of the Waste Management Assistance Fund and used to offset the costs of Program implementation.

(h) Effective date of plan approval. A plan submitted under this section shall not be approved until the Secretary determines that the plan will provide a functionally equivalent level of electronic waste collection and recycling as the Standard Plan and that all the requirements of this section have been met.

(i) Amendments to plan. An amendment to an individual plan approved under this section shall not take effect until approved by the Secretary.

(j) Opt-in to Standard Plan. At the completion of any program year, a manufacturer approved under this section may seek coverage under the Standard Plan adopted under section 7552 of this title.
10 V.S.A. § 6242 — VT Code / Title 10 / Chapter 153 / Section 6242
§ 6242. Mobile home owners' right to notification prior to park sale
Status: in_force

(a) Content of notice. A park owner shall give to each mobile home owner and to the Commissioner of Housing and Community Development notice by certified mail, return receipt requested, of his or her intention to sell the mobile home park. If the notice is refused by a mobile home owner or is otherwise undeliverable, the park owner shall send the notice by first-class mail to the mobile home owner's last known mailing address. The requirements of this section shall not be construed to restrict the price at which the park owner offers the park for sale. The notice shall state all the following:

(1) that the park owner intends to sell the park;

(2) the price, terms, and conditions under which the park owner offers the park for sale;

(3) a list of the affected mobile home owners and the number of leaseholds held by each;

(4) the status of compliance with applicable statutes, rules, and permits, to the park owner's best knowledge, and the reasons for any noncompliance; and

(5) that for 45 days following the notice, the park owner shall not make a final unconditional acceptance of an offer to purchase the park and that if within the 45 days the park owner receives notice pursuant to subsection (c) of this section that a majority of the mobile home owners intend to consider purchase of the park, the park owner shall not make a final unconditional acceptance of an offer to purchase the park for an additional 120 days, starting from the 46th day following notice, except one from a group representing a majority of the mobile home owners or from a nonprofit corporation approved by a majority of the mobile home owners.

(b) Resident intent to negotiate; timetable. The mobile home owners shall have 45 days following notice under subsection (a) of this section in which to determine whether they intend to consider purchase of the park through a group representing a majority of the mobile home owners or a nonprofit corporation approved by a majority of the mobile home owners. A majority of the mobile home owners shall be determined by one vote per leasehold and no mobile home owner shall have more than three votes or 30 percent of the aggregate park vote, whichever is less. During this 45-day period, the park owner shall not accept a final unconditional offer to purchase the park.

(c) Response to notice; required action. If the park owner receives no notice from the mobile home owners during the 45-day period or if the mobile home owners notify the park owner that they do not intend to consider purchase of the park, the park owner has no further restrictions regarding sale of the park pursuant to this section. If, during the 45-day period, the park owner receives notice in writing that a majority of the mobile home owners intend to consider purchase of the park, then the park owner shall do all the following:

(1) not accept a final unconditional offer to purchase from a party other than leaseholders for 120 days following the 45-day period, a total of 165 days following the notice from the leaseholders;

(2) negotiate in good faith with the group representing a majority of the mobile home owners or a nonprofit corporation approved by a majority of the mobile home owners concerning purchase of the park; and

(3) consider any offer to purchase from a group representing a majority of the mobile home owners or from a nonprofit corporation approved by a majority of the mobile home owners.

(d) Penalty. A park owner who sells a mobile home park without complying with this section shall be liable to the mobile home owners in the aggregate amount of $10,000.00 or 50 percent of the gain realized by the park owner from the sale, whichever is greater. A sale, an offer to sell, or an attempt to sell a mobile home park without complying with this section shall also be subject to the remedies of section 6205 of this title, including actual and punitive damages.

(e) Exceptions. The provisions of this section do not apply when the sale, transfer, or conveyance of the mobile home park is any one or more of the following:

(1) through a foreclosure sale;

(2) to a member of the park owner's family or to a trust for the sole benefit of members of the park owner's family;

(3) among the partners who own the mobile home park;

(4) incidental to financing the park;

(5) between joint tenants or tenants in common;

(6) pursuant to eminent domain;

(7) pursuant to a municipal tax sale.

(f) Requirement for new notice of intent to sell.

(1) Subject to subdivision (2) of this subsection, a notice of intent to sell issued pursuant to subsection (a) of this section shall be valid:

(A) for a period of one year from the expiration of the 45-day period following the date of the notice; or

(B) if the park owner has entered into a binding purchase and sale agreement with a group representing a majority of the mobile home owners or a nonprofit corporation approved by a majority of the mobile home owners within one year from the expiration of the 45-day period following the date of the notice until the completion of the sale of the park under the agreement or the expiration of the agreement, whichever is sooner.

(2) During the period in which a notice of intent to sell is valid, a park owner shall provide a new notice of intent to sell, consistent with the requirements of subsection (a) of this section, prior to making an offer to sell the park or accepting an offer to purchase the park that is either more than five percent below the price for which the park was initially offered for sale or less than five percent above the final written offer from a group representing a majority of the mobile home owners or a nonprofit corporation approved by a majority of the mobile home owners.

(g) “Good faith.” A leaseholders group representing a majority of the mobile home owners or a nonprofit corporation approved by a majority of the mobile home owners shall negotiate in good faith with the park owner for purchase of the park.
10 V.S.A. § 5221 — VT Code / Title 10 / Chapter 119 / Section 5221
§ 5221. Period of taking released animals
Status: in_force

Such propagated or released small game may be taken without regard to sex, age, or bag limits. The period for taking small game on regulated shooting grounds shall be fixed by the Commissioner.
10 V.S.A. § 325t — VT Code / Title 10 / Chapter 15 / Section 325t
§ 325t. Definitions
Status: in_force

As used in this subchapter:

(1) “Board” means the Vermont Land Access and Opportunity Board.

(2) “Historically marginalized or disadvantaged community” means a community that has historically suffered from discrimination and has not had equal access to public or private economic benefits due to the race, ethnicity, gender, geography, language preference, immigrant or citizen status, sexual orientation, gender identity, socioeconomic status, or disability status of its members.

(3) “LGBTQ” means an individual who identifies as lesbian, gay, bisexual, transgender, queer, or questioning.

(4) “VHCB” means the Vermont Housing and Conservation Board.