10 V.S.A. § 5403 — VT Code / Title 10 / Chapter 123 / Section 5403
§ 5403. Protection of endangered and threatened species
Status: in_force

(a) Except as authorized under this chapter, a person shall not:

(1) take, possess, or transport wildlife or wild plants that are members of a threatened or endangered species;

(2) destroy or adversely impact critical habitat;

(3) sell or offer for sale in intrastate commerce a threatened or endangered species;

(4) deliver, receive, carry, transport, or ship a threatened or endangered species in intrastate commerce; or

(5) import a threatened or endangered species into or export a threatened or endangered species from Vermont.

(b) Any person who takes a threatened or endangered species shall report the taking to the Secretary.

(c) The Secretary may, with advice of the Endangered Species Committee and after the consultation required under subsection 5408(e) of this section, adopt rules for the protection, conservation, or recovery of endangered and threatened species. The rules may establish application requirements for an individual permit or general permits issued under this section, including requirements that differ from the requirements of subsection 5408(h) of this title.

(d) The Secretary may bring an environmental enforcement action against any person who violates subsection (a) or (b) of this section or rules adopted under this chapter in accordance with chapters 201 and 211 of this title.

(e) Instead of bringing an environmental enforcement action for a violation of this chapter or rules adopted under this chapter, the Secretary may refer violations of this chapter to the Commissioner of Fish and Wildlife for criminal enforcement.

(f) In a criminal enforcement action, a person who knowingly violates a requirement of this chapter or a rule of the Secretary adopted under subsection (c) of this section related to taking, possessing, transporting, buying, or selling a threatened or endangered species shall be fined in accordance with section 4518 of this title, and the person shall pay restitution under section 4514 of this title.

(g) Any person who violates subsection (a) or (b) of this section by knowingly injuring a member of a threatened or endangered species or knowingly destroying or adversely impacting critical habitat and who is subject to criminal prosecution may be required by the court to pay restitution for:

(1) actual costs and related expenses incurred in treating and caring for the injured plant or animal to the person incurring these expenses, including the costs of veterinarian services and Agency of Natural Resources staff time; or

(2) reasonable mitigation and restoration costs such as species restoration plans; habitat protection; and enhancement, transplanting, cultivation, and propagation.
10 V.S.A. § 4252 — VT Code / Title 10 / Chapter 105 / Section 4252
§ 4252. Activities permitted under licenses
Status: repealed

(a) Subject to provisions of this part and rules of the Board:

(1) A fishing license shall entitle the holder to take fish.

(2) A hunting license shall entitle the holder to take wild animals, other than fish, except by trapping and for those species that require a separate big game license, and to shoot and spear pickerel.

(3) A trapping license shall entitle the holder to take animals other than fish with the use of traps.

(4) A combination fishing and hunting license shall entitle the holder to take fish and wild animals, except by trapping and for those species that require a separate big game license, and to shoot and spear pickerel.

(5) An archery license shall entitle the holder to take wild deer by bow and arrow or crossbow.

(6) A muzzle loader license shall entitle the holder to take deer with a muzzle loading firearm.

(7) A turkey license shall entitle the holder to take wild turkey.

(8) A small game license shall entitle the holder to take small game by any lawful means other than a trap.

(9) [Repealed.]

(10) [Repealed.]

(11) A moose license shall entitle the holder who has been issued a moose permit under the authority of the Fish and Wildlife Board under subsection 4081(b) and sections 4082 and 4084 of this title to take moose.

(12) A super sport license shall entitle the holder to take fish, shoot pickerel, take wild animals pursuant to chapter 113 of this title, take wild animals as allowed under a combination hunting and fishing license and the following big game licenses: archery, muzzle loader, and turkey. The Commissioner may establish procedures to encourage purchasers of a super sport license to make a stewardship donation of $10.00 to the Fish and Wildlife Fund for the purpose of habitat improvement.

(13) A mentored hunting license shall entitle the holder to the same privileges as permitted by the fully licensed accompanying hunter's hunting license under subdivision (2) of this section.

(14) A free youth turkey hunting weekend license for persons aged 15 or under on youth turkey hunting weekend shall entitle the holder to take wild turkey.

(15) A free youth deer weekend license for persons aged 15 or under on youth deer hunting weekend shall entitle the holder to take deer.

(16) A youth hunting license for persons aged 17 and under on the date of the license purchase shall entitle the holder to take wild animals, other than fish, except by trapping and for those animals that require a separate big game license, and to shoot and spear pickerel.

(17) A youth fishing license, eligible for persons aged 15 to 17 on the date of the license purchase, shall entitle the holder to take fish.

(18) A youth combination fishing and hunting license, eligible for persons aged 15 to 17 on the date of the license purchase, shall entitle the holder to take fish and wild animals, except by trapping and for those animals that require a separate big game license, and to shoot and spear pickerel.

(b) In addition to the activities authorized under subsection (a) of this section and the rules authorized thereunder, the holder of an archery license or a super sport license may possess a handgun while archery hunting, provided that the license holder shall not take game by firearm while archery hunting. As used in this section, “handgun” means a pistol or revolver which will expel a projectile by the action of an explosive.
10 V.S.A. § 1927 — VT Code / Title 10 / Chapter 59 / Section 1927
§ 1927. Regulation of category one tanks
Status: in_force

(a) After June 30, 1986, no owner or operator shall operate or maintain a category one tank without first having obtained a permit from the Secretary. Application for a permit shall be made on a form prescribed by the Secretary. Permits issued by the Secretary shall not exceed five years.

(b) A permit for an underground storage tank shall specify:

(1) that new tanks be cathodically protected or be constructed of a noncorrosive material or be constructed of steel clad with noncorrosive material;

(2) standards for design of new tanks that shall ensure a technology and provide a level of protection that is at least equivalent to that provided by double wall tanks which may be monitored from the surface. The Secretary, by rule, may determine that in specific circumstances these standards are not necessary to protect the environment and the public health;

(3) installation and compatibility requirements;

(4) leak detection and monitoring requirements, including at least one of the following: the maintenance of inventory, leak detection, or monitoring records;

(5) reporting requirements;

(6) requirements for maintaining evidence of financial responsibility for corrective action, including compensating third parties, except for tanks used to store a hazardous substance defined in subdivision 1922(6)(A) of this title, unless that financial responsibility is required by federal law;

(7) requirements for taking corrective action in response to releases;

(8) requirements for reporting releases and corrective action taken and its effectiveness;

(9) requirements for tank closure as prescribed by the rules;

(10) requirements for the upgrade or closure of tanks by December 22, 1998 that do not meet standards adopted to prevent releases due to corrosion, and spills or overfills; and

(11) other requirements necessary to carry out the purposes indicated in section 1921 of this title.

(c) If inventory records are not properly maintained, the Secretary may require that a tank integrity demonstration be completed.

(d) No person shall deliver a regulated substance to a category one tank that is visibly designated by the Agency as not meeting standards adopted by the Secretary related to corrosion protection, spill prevention, leak detection, financial responsibility, or overfill protection.

(e) The following tank systems shall be closed in accordance with rules adopted by the Secretary:

(1) not later than January 1, 2016, single-wall tank systems; and

(2) not later than January 1, 2018, combination tank systems, except that combination tank systems in which the tank has been lined shall be closed by January 1, 2018 or by 10 years from the date by which the tank was lined, whichever is later.

(f) A tank owner may petition the Secretary to allow a lined combination tank system to remain in service an additional five years beyond the date established in subdivision (e)(2) of this section. The Secretary may grant the petition upon a determination that:

(1) no release has occurred from the tank system;

(2) the tank system has passed an inspection for lined tank systems adopted by the Secretary by rule; and

(3) no repairs are suggested or needed to the tank liner.

(g) On and after May 30, 2013, a person shall not line a single-wall or combination tank system, unless the single-wall or combination system meets standards for new lined systems adopted by procedure by the Secretary. At a minimum, these standards shall address the tank system's piping, secondary containment for all portions of the system except the tank, leak detection, liquid tight containment sumps on the tank top, and liquid tight dispenser sumps.

(h) Notwithstanding the provisions of subsection (g) of this section, a person shall not line a single-wall or combination tank system after January 1, 2014.
10 V.S.A. § 2461 — VT Code / Title 10 / Chapter 81 / Section 2461
§ 2461. Payment of fire fighting expense
Status: in_force

Whenever fire fighters or equipment, or both, are called from without the State to fight a forest fire or fires within this State, payment of the expense incurred therefor shall be made by the Commissioner of Finance and Management directly to the state from which came such fire fighters or equipment, or both, upon presentation to the Commissioner of Finance and Management by the Commissioner of Forests, Parks and Recreation of proper vouchers covering such expense, the funds for such payment to be taken from the appropriation for forest fire suppression. (1959, No. 328 (Adj. Sess.), § 8; amended 1971, No. 145 (Adj. Sess.), § 1; 1983, No. 195 (Adj. Sess.), § 5(b).)
10APPENDIX V.S.A. § 23b — VT Code / Title 10APPENDIX / Chapter 1 / Section 23b
App. § 23b. Waterfowl Boundary Rule
Status: in_force

1.0 Authority1.1 This rule is adopted pursuant to 10 V.S.A. § 4081. In adopting this rule, the 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.

1.2 10 V.S.A. § 4082(a) states: “The Board may adopt rules, under 3 V.S.A. chapter 25, to be known as the ‘Vermont fish and wildlife regulations‘ for the regulation of fish and wild game and the taking thereof except as otherwise specifically provided by law. The rules shall be designed to maintain the best health, population and utilization levels of the regulated species . . .”

1.3 The Board's authority to permit the taking of migratory game birds is a found at 10 V.S.A. § 4082(b) and at 50 CFR, Parts 20 and 21.

2.0 Purpose The purpose of this rule is to establish zones for the taking of waterfowl during the prescribed waterfowl season(s).

3.0 Zone Descriptions3.1 Lake Champlain Zone: The U.S. portion of Lake Champlain and that area north and west of the line extending from the New York border along U.S. 4 to VT 22A at Fair Haven; VT 22A to U.S. 7 at Vergennes; U.S. 7 to VT 78 at Swanton; VT 78 to VT 36; VT 36 to Maquam Bay on Lake Champlain; along and around the shoreline of Maquam Bay and Hog Island to VT 78 at the West Swanton Bridge; VT 78 to VT 2 in Alburg; VT 2 to the Richelieu River in Alburg; along the east shore of the Richelieu River to the Canadian border.

3.2 Interior Zone: That portion of Vermont east of the Lake Champlain Zone and west of a line extending from the Massachusetts border at Interstate 91; north along Interstate 91 to US 2; east along US 2 to VT 102; north along VT 102 to VT 253; north along VT 253 to the Canadian border.

3.3 Connecticut River Zone: The remaining portion of Vermont east of the Interior Zone. The waterfowl season regulations for the Connecticut River Zone will be the same as the New Hampshire Inland Zone and will be set annually by the New Hampshire Fish and Game Department.

Figure 1. Proposed change in Vermont Waterfowl Zone Boundary. New boundary outlined in red
10 V.S.A. § 5205 — VT Code / Title 10 / Chapter 119 / Section 5205
§ 5205. Injuring notice
Status: in_force

A person shall not damage or remove a notice maintained under the provisions of section 5201 of this title.
10 V.S.A. § 1031 — VT Code / Title 10 / Chapter 41 / Section 1031
§ 1031. Policy on water withdrawal for snowmaking
Status: in_force

(a) This subchapter is intended to establish a policy for snowmaking that supports and is consistent with section 1001 of this title and with chapter 47 of this title, including the water quality standards.

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

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

(2) help to provide for and enhance the viability of Vermont's ski industry, which uses certain of the State's waters for snowmaking;

(3) permit water withdrawals, diversions, impoundments, and the construction of appurtenant facilities for snowmaking, based on an analysis of the need for water and a consideration of alternatives, consistent with this policy and other applicable laws and rules;

(4) recognize that existing users of the State's waters for snowmaking, which may have an adverse effect on water quality, should have time and opportunity to improve water quality.
10 V.S.A. § 6085 — VT Code / Title 10 / Chapter 151 / Section 6085
§ 6085. Hearings; party status
Status: repealed

(a), (b) [Repealed.]

(c)(1) Party status. In proceedings before the District Commissions, the following persons shall be entitled to party status:

(A) the applicant;

(B) the landowner, if the applicant is not the landowner;

(C) the municipality in which the project site is located, and the municipal and regional planning commissions for that municipality; if the project site is located on a boundary, any Vermont municipality adjacent to that border and the municipal and regional planning commissions for that municipality; and 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;

(D) any State agency affected by the proposed project;

(E) any adjoining property owner or other person who has a particularized interest protected by this chapter that may be affected by an act or decision by a District Commission.

(2) Content of petitions. All persons seeking to participate in proceedings before the District Commission as parties pursuant to subdivision (c)(1)(E) of this section must petition for party status. Any petition for party status may be made orally or in writing to the District Commission. All petitions must include:

(A) A detailed statement of the petitioner's interest under the relevant criteria of the proceeding, including, if known, whether the petitioner's position is in support of or in opposition to the relief sought by the permit applicant, or petitioner.

(B) In the case of an organization, a description of the organization, its purposes, and the nature of its membership.

(C) A statement of the reasons the petitioner believes the District Commission should allow the petitioner party status in the pending proceeding.

(D) In the case of a person seeking party status under subdivision (c)(1)(E) of this section:

(i) If applicable, a description of the location of the petitioner's property in relation to the proposed project, including a map, if available;

(ii) A description of the potential effect of the proposed project upon the petitioner's interest with respect to each of the relevant criteria or subcriteria under which party status is being requested.

(3) Timeliness. A petition for party status pursuant to subdivision (c)(1)(E) of this section must be made at or prior to an initial prehearing conference held pursuant to Board rule or at the commencement of the hearing, whichever shall occur first, unless the District Commission directs otherwise. The District Commission may grant an untimely petition if it finds that the petitioner has demonstrated good cause for failure to request party status in a timely fashion, and that the late appearance will not unfairly delay the proceedings or place an unfair burden on the parties.

(4) Conditions. Where a person has been granted party status pursuant to subdivision (c)(1)(E) of this section, the District Commission shall restrict the person's participation to only those issues in which the person has demonstrated an interest, and may encourage the person to join with other persons with respect to representation, presentation of evidence, or other matters in the interest of promoting judicial efficiency.

(5) Friends of the Commission. The District Commission, on its own motion or by petition, may allow nonparties to participate in any of its proceedings, without being accorded party status. Participation may be limited to the filing of memoranda, proposed findings of fact and conclusions of law, and argument on legal issues. However, if approved by the District Commission, participation may be expanded to include the provision of testimony, the filing of evidence, or the cross examination of witnesses. A petition for leave to participate as a friend of the Commission shall identify the interest of the petitioner and the desired scope of participation and shall state the reasons why the participation of the petitioner will be beneficial to the District Commission. Except where all parties consent or as otherwise ordered by the District Commission or by the Chair of the District Commission, all friends of the Commission shall file their memoranda, testimony, or evidence within the times allowed the parties.

(6) Reexamination of party status. A District Commission shall reexamine party status determinations before the close of hearings and state the results of that reexamination in the District Commission decision. In the reexamination of party status coming before the close of District Commission hearings, persons having attained party status up to that point in the proceedings shall be presumed to retain party status. However, on motion of a party, or on its own motion, a Commission shall consider the extent to which parties continue to qualify for party status. Determinations made before the close of District Commission hearings shall supersede any preliminary determinations of party status.

(d) If no hearing has been requested or ordered within the prescribed period, no hearing need be held by the District Commission. In such an event, a permit shall be granted or denied within 60 days of receipt; otherwise, it shall be deemed approved and a permit shall be issued.

(e) The Land Use Review Board and any District Commission, acting through one or more duly authorized representatives at any prehearing conference or at any other times deemed appropriate by the Natural Resources Board or by the District Commission, shall promote expeditious, informal, and nonadversarial resolution of issues, require the timely exchange of information concerning the application, and encourage participants to settle differences. No District Commissioner who is participating as a decisionmaker in a particular case may act as a duly authorized representative for the purposes of this subsection. These efforts at dispute resolution shall not affect the burden of proof on issues before a Commission or the Environmental Division, nor shall they affect the requirement that a permit may be issued only after the issuance of affirmative findings under the criteria established in section 6086 of this title.

(f) A hearing shall not be closed until a Commission provides an opportunity to all parties to respond to the last permit or evidence submitted. Once a hearing has been closed, a Commission shall conclude deliberations as soon as is reasonably practicable. A decision of a Commission shall be issued within 20 days of the completion of deliberations.
10 V.S.A. § 1332 — VT Code / Title 10 / Chapter 47 / Section 1332
§ 1332. Waters subject to compact-Article I
Status: in_force

It is agreed between the signatory states that the provisions of this compact shall apply to streams, ponds and lakes which are contiguous to two or more signatory states or which flow through two or more signatory states or which have a tributary contiguous to two or more signatory states or flowing through two or more signatory states, and also shall apply to tidal waters ebbing and flowing past the boundaries of two states.
10 V.S.A. § 442 — VT Code / Title 10 / Chapter 20 / Section 442
§ 442. Definitions
Status: in_force

As used in this chapter:

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

(2) “Nonhighway recreational fuel taxes” means State taxes on fuel used in vehicles on recreational trails or back country terrain.

(3) “Trails” means land used for hiking, walking, bicycling, cross-country skiing, snowmobiling, all-terrain vehicle riding, horseback riding, and other similar activities. Trails may be used for recreation, transportation, and other compatible purposes.

(4) “Trails and Greenways Council” means the Vermont Trails and Greenways Council, Inc. as incorporated with the Secretary of State's office.
10 V.S.A. § 1651 — VT Code / Title 10 / Chapter 55 / Section 1651
§ 1651. Application for assistance
Status: in_force

When the voters of the municipality at a duly warned meeting have authorized the proper officials of the municipality to make application to and to enter into a contract with the Department for specific engineering and technical services, the municipality pursuant to a written application to the Department submitted in a form prescribed by the Department may enter into a contract with the Department under this subchapter.
10 V.S.A. § 7716 — VT Code / Title 10 / Chapter 170 / Section 7716
§ 7716. Type 5 Procedures
Status: in_force

(a) Purpose; scope.

(1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when issuing emergency permits and other permits listed in this section.

(2) The procedures under this section shall be known as Type 5 Procedures. This section shall govern each of the following:

(A) issuance of temporary emergency permits under section 912 of this title;

(B) applications for public water system operational permits under chapter 56 of this title;

(C) issuance of authorizations, under a stream alteration general permit issued under chapter 41 of this title, for reporting without an application, for an emergency, and for activities to prevent risks to life or of severe damage to improved property posed by the next annual flood;

(D) issuance of emergency permits issued under section 1268 of this title;

(E) issuance of emergency sludge and septage disposal approvals under section 6605 of this title;

(F) shoreland registrations authorized under chapter 49A of this title; and

(G) issuance of authorization under the Construction General Permit or individual stormwater permits issued pursuant to chapter 47 of this title, for discharges of stormwater runoff related to emergency construction activities; emergency construction activities are those necessary to address imminent risk to life or a risk of damage to public or private property, including damage to lifeline infrastructure, as determined by the Secretary.

(b) Notice of final decision. The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the decision to the bulletin.
10 V.S.A. § 546 — VT Code / Title 10 / Chapter 22A / Section 546
§ 546. State postsecondary attainment goal
Status: in_force

(a) It shall be the goal of the State of Vermont that not less than 70 percent of working-age Vermonters will hold a credential of value, as defined by the State Workforce Development Board, by the year 2025.

(b) It is the policy of the State of Vermont to:

(1) promote awareness of career pathways and the value of postsecondary education and training;

(2) expand access to postsecondary education and training to students of all ages;

(3) increase completion of postsecondary education and training programs by ensuring that Vermonters have the supports they need to succeed; and

(4) maximize partnerships across and within sectors to achieve State workforce development and education goals.

(c) In its annual report required in section 540 of this title, the Department shall include the number of postsecondary credentials awarded and the data sets that are used to inform the report.
10 V.S.A. § 681 — VT Code / Title 10 / Chapter 29 / Section 681
§ 681. Title
Status: in_force

This subchapter may be cited as the “Vermont Community Development Act.”
10 V.S.A. § 7583 — VT Code / Title 10 / Chapter 168 / Section 7583
§ 7583. Battery stewardship organization; requirements; registration
Status: in_force

(a) Participation in a battery stewardship organization. A producer of covered batteries or battery-containing products may meet the requirements of this chapter by participating in a battery stewardship organization that undertakes the producer's responsibilities under sections 7582, 7584, and 7585 of this title.

(b) Qualifications for a battery stewardship organization. To qualify as a battery stewardship organization under this chapter, an organization shall:

(1) commit to assume the responsibilities, obligations, and liabilities of all producers participating in the battery stewardship organization;

(2) not create unreasonable barriers for participation by producers in the battery stewardship organization; and

(3) maintain a public website that lists all producers and producers' brands covered by the battery stewardship organization's approved collection plan.

(c) Registration requirements.

(1) Annually, a battery stewardship organization shall file a registration form with the Secretary. The Secretary shall provide the registration form to a battery stewardship organization. The registration form shall require submission of the following information:

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

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

(C) a description of how the battery stewardship organization proposes to meet the requirements of subsection (a) of this section, including any reasonable requirements for participation in the battery stewardship organization; and

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

(2) A renewal of a registration without changes may be accomplished through notifying the Secretary on a form provided by the Secretary.
10 V.S.A. § 5206 — VT Code / Title 10 / Chapter 119 / Section 5206
§ 5206. Maintaining notice one year
Status: in_force

A person shall not maintain a notice prohibiting fishing for more than one year after such waters were last stocked.
10 V.S.A. § 311 — VT Code / Title 10 / Chapter 15 / Section 311
§ 311. Establishment and Organization
Status: in_force

(a) There is created and established a body politic and corporate to be known as the “Vermont Housing and Conservation Board” to carry out the provisions of this chapter. The Board is constituted a public instrumentality exercising public and essential governmental functions, and the exercise by the Board of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function of the State. The Board is exempt from licensure under 8 V.S.A. chapter 73.

(b) The Board shall consist of the following 11 members:

(1) The Secretary of Agriculture, Food and Markets or designee.

(2) The Secretary of Human Services or designee.

(3) The Secretary of Natural Resources or designee.

(4) The Executive Director of the Vermont Housing Finance Agency or designee.

(5) Three public members appointed by the Governor with the advice and consent of the Senate, who shall be residents of the State and who shall be experienced in creating affordable housing or conserving and protecting Vermont's agricultural land and forestland, historic properties, important natural areas, or recreational lands, one of whom shall be a representative of lower income Vermonters and one of whom shall be a farmer as defined in 32 V.S.A. § 3752(7).

(6) One public member appointed by the Speaker of the House, who shall not be a member of the General Assembly at the time of appointment.

(7) One public member appointed by the Senate Committee on Committees, who shall not be a member of the General Assembly at the time of appointment.

(8) Two public members appointed jointly by the Speaker of the House and the President Pro Tempore of the Senate as follows:

(A) One member from the nonprofit affordable housing organizations that qualify as eligible applicants under subdivision 303(4) of this title who shall not be an employee or board member of any of those organizations at the time of appointment.

(B) One member from the nonprofit conservation organizations whose activities are eligible under subdivision 303(3) of this title who shall not be an employee or member of the board of any of those organizations at the time of appointment.

(c) The public members shall serve terms of three years beginning February 1 of the year of appointment. However, two of the public members first appointed by the Governor shall serve initial terms of one year; and the public members first appointed by the Speaker and Committee on Committees shall serve initial terms of two years. A vacancy occurring among the public members shall be filled by the respective appointing authority for the balance of the unexpired term. A member may be reappointed.

(d) Annually, the Board shall elect from among its public members a chair and vice chair. The Board may elect officers as it may determine. Meetings shall be held at the call of the Chair or at the request of three members. A majority of the sitting members shall constitute a quorum and action taken by the Board under the provisions of this chapter may be authorized by a majority of the members present and voting at any regular or special meeting.

(e) Members other than ex officio members shall be entitled to per diem authorized under 32 V.S.A. § 1010 for each day spent in the performance of their duties and each member shall be reimbursed from the Fund for his or her reasonable expenses incurred in carrying out his or her duties under this chapter.

(f) The Board shall employ the Executive Director to administer, manage and direct the affairs and business of the Board, subject to the policies, control, and direction of the members. The Board may employ technical experts and other officers, agents, and employees as are necessary to effect the purposes of this chapter, and may fix their qualifications, duties, and compensation. The Board shall use the Office of the Attorney General for legal services.
10 V.S.A. § 1388 — VT Code / Title 10 / Chapter 47 / Section 1388
§ 1388. Clean Water Fund
Status: in_force

(a) There is created a special fund to be known as the Clean Water Fund to be administered by the Secretary of Administration. The Fund shall consist of:

(1) revenues from the Property Transfer Tax surcharge established under 32 V.S.A. § 9602a;

(2) other gifts, donations, and impact fees received from any source, public or private, dedicated for deposit into the Fund and approved by the Secretary of Administration;

(3) the unclaimed beverage container deposits (escheats) remitted to the State under chapter 53 of this title;

(4) six percent of the revenues from the meals and rooms taxes imposed under 32 V.S.A. chapter 225; and

(5) other revenues dedicated for deposit into the Fund by the General Assembly.

(b) Notwithstanding any contrary provisions of 32 V.S.A. chapter 7, subchapter 5, unexpended balances and any earnings shall remain in the Fund from year to year.
10 V.S.A. § 1002 — VT Code / Title 10 / Chapter 41 / Section 1002
§ 1002. Definitions
Status: in_force

As used in this chapter:

(1) “Artificial regulation of stream flow” means the intermittent or periodic manipulation of water levels and the intermittent or periodic regulation of discharge of water into the stream below the dam.

(2) “Banks” means that land area immediately adjacent to the bed of the stream, which is essential in maintaining the integrity thereof.

(3) “Basin” means the third-level, six-digit unit of the hydrologic unit hierarchy as defined by the U.S. Geological Survey (USGS), Federal Standards and Procedures for the National Watershed Boundary Dataset, Chapter 3 of Section A, Book 11. “Basin” is also referred to as “Hydrologic Unit Code 6” or “HUC-6”.

(4) “Bed” means the maximum area covered by waters of the stream for not less than 15 consecutive days in one year.

(5) “Berm” means a linear fill of earthen material on or adjacent to the bank of a watercourse that constrains waters from entering a flood hazard area or river corridor, as those terms are defined in subdivisions 752(3) and (11) of this title.

(6) “Board” means the Land Use Review Board.

(7) “Capacity” means the maximum volume of water capable of being withdrawn by the water withdrawal system.

(8) “Cross section” means the entire channel to the top of the banks.

(9) “Dam” applies to any artificial structure on a stream, or at the outlet of a pond or lake, that is utilized for holding back water by ponding or storage together with any penstock, flume, piping, or other facility for transmitting water downstream to a point of discharge, or for diverting water from the natural watercourse to another point for utilization or storage.

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

(11) “Existing surface withdrawal” means a surface water withdrawal that exists prior to January 1, 2023.

(12) “Frequency” means how often water will be withdrawn from a surface water over a period of time.

(13) “Instream material” means:

(A) all gradations of sediment from silt to boulders;

(B) ledge rock; or

(C) large woody debris in the bed of a watercourse or within the banks of a watercourse.

(14) “Interbasin transfer” means the conveyance of surface water withdrawn from a basin for use in another basin.

(15) “Large woody debris” means any piece of wood within a watercourse with a diameter of 10 or more inches and a length of 10 or more feet that is detached from the soil where it grew.

(16) “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; any federal agency; or any other legal or commercial entity.

(17) “Rate of withdrawal” means the volume of surface water that is withdrawn over a period of time, as reported in gallons per minute.

(18) “Reasonable and feasible” means available and capable of being implemented after consideration of cost, existing technology, logistics in light of the overall project purpose, environmental impact, and ability to obtain all necessary approvals for implementation.

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

(20) “Surface water” means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, and all bodies of surface waters that are contained within, flow through, or border upon the State or any portion of it. “Surface water” does not include the following:

(A) groundwater as defined in section 1391 of this title;

(B) artificial waterbodies as defined under section 29A-101(d) of the Vermont Water Quality Standards;

(C) treatment ponds, lagoons, or wetlands created solely to meet the requirements of a permit issued for a discharge; and

(D) constructed off-stream farm ponds or other off-stream impoundments that are used for irrigation for farming or watering of livestock.

(21) “Vermont Water Quality Standards” means the standards adopted pursuant to chapter 47 and subsection 6025(b) of this title.

(22) “Watercourse” means any perennial stream. “Watercourse” does not include ditches or other constructed channels primarily associated with land drainage or water conveyance through or around private or public infrastructure.

(23) “Watershed” means a region containing waters that drain into a particular brook, stream, river, or other body of water.

(24) “Withdrawal” means the intentional diversion from a surface water by pumping, gravity, or other method for the purpose of being used for irrigation, industrial uses, snowmaking, livestock watering, water supply, aquaculture, or other off-stream uses. “Withdrawal” does not include hydroelectric projects that are regulated by the Federal Energy Regulatory Commission or the Public Utility Commission. “Withdrawal” does not include direct consumption of surface water by livestock.
10 V.S.A. § 128 — VT Code / Title 10 / Chapter 8 / Section 128
§ 128. Vermont Center for Geographic Information Special Fund
Status: in_force

(a) A special fund is created for the operation of the Vermont Center for Geographic Information in the Agency of Digital Services. The fund shall consist of revenues derived from the charges by the Agency of Digital Services pursuant to subsection (c) of this section for the provision of Geographic Information products and services, interest earned by the fund, and sums which from time to time may be made available for the support of the Center and its operations. The fund shall be established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5 and shall be available to the Agency to support activities of the Center.

(b) The receipt and expenditure of monies from the special fund shall be under the supervision of the Secretary of Digital Services.

(c) Notwithstanding 32 V.S.A. § 603, the Secretary of Digital Services is authorized to impose charges reasonably related to the costs of the products and services of the Vermont Center for Geographic Information, including the cost of personnel, equipment, supplies, and intellectual property.
10 V.S.A. § 599c — VT Code / Title 10 / Chapter 24A / Section 599c
§ 599c. State Treasurer report on the cost to Vermont of covered greenhouse gas emissions
Status: in_force

On or before January 15, 2027, the State Treasurer, after consultation with the Interagency Advisory Board to the Climate Action Office, and with any other person or entity whom the State Treasurer decides to consult for the purpose of obtaining and utilizing credible data or methodologies that the State Treasurer determines may aid the State Treasurer in making the assessments and estimates required by this section, shall submit to the Senate Committees on Appropriations, on Finance, on Agriculture, and on Natural Resources and Energy and the House Committees on Appropriations; on Ways and Means; on Agriculture, Food Resiliency, and Forestry; and on Environment an assessment of the cost to the State of Vermont and its residents of covered greenhouse gas emissions. The assessment shall include:

(1) a summary of the various cost-driving effects of covered greenhouse gas emissions on the State of Vermont, including effects on public health, natural resources, biodiversity, agriculture, economic development, flood preparedness and safety, housing, and any other effect that the State Treasurer, in consultation with the Climate Action Office, determines is relevant;

(2) a categorized calculation of the costs that have been incurred and are projected to be incurred in the future within the State of Vermont of each of the effects identified under subdivision (1) of this section; and

(3) a categorized calculation of the costs that have been incurred and are projected to be incurred in the future within the State of Vermont to abate the effects of covered greenhouse gas emissions on the State of Vermont and its residents.
10 V.S.A. § 424 — VT Code / Title 10 / Chapter 19 / Section 424
§ 424. Planning provisions
Status: in_force

The Vermont Planning Council shall carry on a continuing comprehensive planning process to inventory and classify scenic corridors, areas, and sites, and analyze the scenic values and various elements thereof in keeping with the purposes of section 421 of this title, including the general location of areas of special need and specific proposals for such new areas. The Vermont Planning Council shall prepare and submit to the Governor for adoption, and from time to time, revise, a comprehensive plan for the protection of the State's scenic resources. This plan shall become a part of the State's comprehensive master plan.

The Vermont Planning Council shall cooperate with federal and local governments, and with interested private groups and individuals in joint planning to protect and to develop historic, cultural, and scenic resources.
10 V.S.A. § 1251 — VT Code / Title 10 / Chapter 47 / Section 1251
§ 1251. Definitions
Status: repealed

Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context:

(1) “Board” means the Secretary of Natural Resources.

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

(3) “Discharge” means the placing, depositing, or emission of any wastes or pollutants, directly or indirectly, into an injection well or into the waters of the State.

(4) “Effluent limitation” means any restrictions or prohibitions established in accordance with the provisions of this chapter or under federal law including effluent limitations, standards of performance for new sources, and toxic effluent standards, on quantities, rates, and concentrations of chemical, physical, biological, and other constituents that are discharged to waters of the State, including schedules of compliance.

(5) “Hazardous materials” means any material determined by the Secretary to have an unusually harmful effect on water quality if discharged to the waters of the State.

(6) “Mixing zone” means a length or area within the waters of the State required for the dispersion and dilution of waste discharges adequately treated to meet federal and State treatment requirements and within which it is recognized that specific water uses or water quality criteria associated with the assigned classification for such waters may not be realized. The mixing zone shall not extend more than 200 feet from the point of discharge.

(7) “Oil” means oil of any kind, including petroleum; fuel oils; oily sludge; waste oil; gasoline; kerosene; jet fuel; tar; asphalt; crude oils; lube oil; insoluble or partially soluble derivatives of mineral, animal, or vegetable oils; or any product or mixture thereof.

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

(9) “Public interest” means that which is for the greatest benefit to the people of the State as determined by the standards set forth in subsection 1253(e) of this title.

(10) “Schedule of compliance” means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation or any other limitation, prohibition, or standard, including any water quality standard.

(11) “Secretary” means the Secretary of Natural Resources or authorized representative.

(12) “Waste” means effluent, sewage, or any substance or material, liquid, gaseous, solid, or radioactive, including heated liquids, whether or not harmful or deleterious to waters; provided, however, the term “sewage” as used in this chapter shall not include the rinse or process water from a cheese manufacturing process.

(13) “Waters” or “waters of the State” includes all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, all artificial or natural bodies of surface waters, and waters of the United States, as that term is defined under the federal Clean Water Act, that are contained within, flow through, or border upon the State or any portion of it.

(14) “Injection well” means any opening in the ground used as a means of discharging waste except for a dry hole not exceeding seven feet in depth that is constructed as, and used solely for the disposal of domestic wastes.

(15) “Indirect discharge” means any discharge to groundwater, whether subsurface, land-based, or otherwise.

(16) “Waste management zone” means a specific reach of Class B waters designated by a permit to accept the discharge of properly treated wastes that prior to treatment contained organisms pathogenic to human beings. Throughout the receiving waters, water quality criteria must be achieved but increased health risks exist due to the authorized discharge.

(17) “Basin plan” means a plan prepared by the Secretary for each of Vermont's 17 basins in conjunction with the basin planning process required by section 303(e) of the federal Clean Water Act and 40 C.F.R. part 131.

(18) [Repealed.]

(19) “Stormwater utility” means a system adopted by a municipality or group of municipalities under 24 V.S.A. chapter 97, 101, or 105 for the management of stormwater runoff.

(20) “Direct discharge” means the placing, depositing, or emission of any waste or pollutant directly into waters.

(21) “Pollutant” means dredged spoil; solid waste; incinerator residue; sewage; garbage; sewage sludge; munitions; chemical wastes; biological materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; and industrial, municipal, and agricultural waste discharged into water.
10 V.S.A. § 6611 — VT Code / Title 10 / Chapter 159 / Section 6611
§ 6611. Financial responsibility
Status: in_force

(a) Any person who operates a facility approved under this chapter shall provide evidence of an escrow account or other form of financial responsibility in such form and amount as the Secretary may determine to ensure that, upon abandonment, cessation, or interruption of the operation of the facility, adequate funds are available to undertake all appropriate measures to prevent present and future damage to the public health and safety and to the environment. Any such financial plan shall include provisions for the equitable distribution of any excess in the escrow account or other financial security to communities whose residents made substantial payments into the escrow account or for that security.

(b) A solid waste management district, by contract, may require that a facility owner or operator that serves the district, establish an escrow account in a reasonable amount in order to provide funds for timely compliance with the provisions of this chapter. Expenditures from the escrow account shall be for those capital improvements required to be made by the owner by the certification, interim certification, or order issued or otherwise required in accordance with this chapter.

(c) A facility owner or operator, upon an initial showing of financial responsibility, shall report to the Secretary with respect to funds set aside by that date for those purposes.
10 V.S.A. § 1632 — VT Code / Title 10 / Chapter 55 / Section 1632
§ 1632. State administrative departments
Status: in_force

For the purpose of constructing or substantially improving a water pollution abatement and control facility, any State administrative department as authorized in Title 3 shall be deemed a municipality under section 1623 of this title and subject to the terms and conditions applicable to municipalities; provided, however, that a State administrative department deemed a municipality shall only receive State assistance under this chapter if the Department has a surplus of funds at the end of each fiscal year after all municipal grant applicants have received committed funds.
10 V.S.A. § 5505 — VT Code / Title 10 / Chapter 124 / Section 5505
§ 5505. Presumption of possession with intent to sell
Status: in_force

There shall be a rebuttable presumption that a person possesses a covered animal part or product with intent to sell when the part or product is possessed by a retail or wholesale establishment or other forum engaged in the business of buying or selling similar items. This rebuttable presumption shall not preclude a court from finding intent to sell a covered animal part or product based on any other evidence that may serve to independently establish intent.
10 V.S.A. § 856 — VT Code / Title 10 / Chapter 35 / Section 856
§ 856. Expenses, paid by whom
Status: in_force

All expenses under this chapter shall be paid by the parties interested in such proportion as the selectboard orders, and the selectboard shall receive the same compensation as for other services.
10 V.S.A. § 1529 — VT Code / Title 10 / Chapter 53 / Section 1529
§ 1529. Redemption center certification
Status: in_force

A person operating a redemption center may obtain a certification from the Secretary. A redemption center certification shall include the following:

(1) Specification of the name and location of the facility;

(2) If the certified redemption center redeems more than 250,000 containers per year, a requirement that the certified redemption center shall participate in an approved commingling agreement; and

(3) Additional conditions, requirements, and restrictions as the Secretary may deem necessary to implement the requirements of this chapter. This may include requirements concerning reporting, recording, and inspections of the operation of the site.
10 V.S.A. § 553 — VT Code / Title 10 / Chapter 23 / Section 553
§ 553. Agency
Status: in_force

The Agency is designated as the air pollution control agency for the State. The Secretary or the Secretary's duly authorized representative, within the Agency, shall perform the functions vested in the Agency, as specified in the following sections of this chapter.
10 V.S.A. § 4041 — VT Code / Title 10 / Chapter 103 / Section 4041
§ 4041. Department of Fish and Wildlife; Fish and Wildlife Board; members, term, chair
Status: in_force

(a) There is hereby established a Department of Fish and Wildlife that shall be administered by the Commissioner.

(b) There is hereby established a Fish and Wildlife Board. The Board shall consist of 14 members, one from each county, appointed by the Governor with the advice and consent of the Senate. The members of the Board shall be appointed for a term of six years, or unexpired portion thereof, and during their terms shall reside in the county from which they are appointed. In the event a member no longer resides in the county from which he or she was appointed, the Governor shall appoint a member from that county for the unexpired portion of the term. Appointments shall be made in such manner that either two or three terms shall expire each year. A member serving a full six-year term shall not be eligible for reappointment. The Governor shall biennially designate a chair.
10 V.S.A. § 6241 — VT Code / Title 10 / Chapter 153 / Section 6241
§ 6241. Access
Status: in_force

(a) A park owner may enter a mobile home lot in the park with the resident's consent, which shall not be unreasonably withheld.

(b) A park owner may also enter a mobile home lot in the park between the hours of 7:00 a.m. and 7:00 p.m. on no less than 12 hours' notice for any of the following purposes:

(1) to inspect the premises;

(2) to make necessary or agreed repairs, alterations, or improvements;

(3) to supply agreed services;

(4) to show the lot to prospective or actual purchasers, mortgagees, residents, workers, or contractors.

(c) A park owner may enter a mobile home lot without notice or permission if, in the course of performing repairs in the mobile home park, the owner discovers that it is necessary to enter a lot to complete the repairs, provided that the owner could not reasonably have foreseen the necessity to enter the lot at the time the repairs were commenced. A park owner shall attempt to obtain permission from the resident before entering the lot, at a minimum, by attempting to contact the resident at any telephone number the owner has for the resident and in person at the mobile home.

(d) A park owner may enter a mobile home or a mobile home lot in the park without notice or permission when the park owner reasonably believes that there is a likelihood of imminent injury to any person, damage to property, or interruption of utility services.
10 V.S.A. § 1108 — VT Code / Title 10 / Chapter 43 / Section 1108
§ 1108. Dam inventory; registration
Status: in_force

(a) Dam inventory. The Department of Environmental Conservation shall maintain a current inventory of all known dams in the State of Vermont. The Department of Environmental Conservation shall update and publish the Vermont Dam Inventory annually and shall include information collected in the Inventory as part of the Agency of Natural Resources' Natural Resources Atlas.

(b) Dam registration. If a dam is listed on the Vermont Dam Inventory and is under the jurisdiction of the Department, the person owning legal title to a dam or the person owning the land on which the dam is located shall, upon request of the Department, submit information to the Department regarding the dam, including the condition of the dam, whether and when the dam has been inspected, and any other information that the Department may require to ensure public safety. A person who fails to comply with the request of the Department under this section shall be subject to a civil penalty under chapter 201 of this title.
10 V.S.A. § 7155 — VT Code / Title 10 / Chapter 164A / Section 7155
§ 7155. Stewardship organizations
Status: in_force

(a) Participation in a stewardship organization. A manufacturer may meet the requirements of this chapter by participating in a stewardship organization that undertakes the manufacturer's responsibilities under sections 7152, 7153, and 7154 of this title.

(b) Qualifications for a stewardship organization. To qualify as a stewardship organization under this chapter, an organization shall:

(1) commit to assume the responsibilities, obligations, and liabilities of all manufacturers participating in the stewardship organization;

(2) represent at least 45 percent of the market share of mercury-containing lamps sold in the State;

(3) not create unreasonable barriers for participation in the stewardship organization; and

(4) maintain a public website that lists all manufacturers and manufacturers' brands covered by the stewardship organization's approved collection plan.

(c) Exemption from antitrust provisions. A stewardship organization and manufacturers participating in a stewardship organization subject to the requirements of this chapter may engage in anticompetitive conduct to the extent necessary to develop and implement the collection plan required by this chapter. A stewardship organization or a manufacturer participating within a stewardship organization that is engaged in anticompetitive conduct under this subsection shall be immune from liability for conduct under State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce if the stewardship organization is exercising due diligence to comply with the requirements of this chapter.
10 V.S.A. § 6022 — VT Code / Title 10 / Chapter 151 / Section 6022
§ 6022. Personnel
Status: in_force

(a) Regular personnel. The Board may appoint legal counsel, scientists, engineers, experts, investigators, temporary employees, and administrative personnel as it finds necessary in carrying out its duties in providing personnel to assist the District Commissions and in investigating matters within its jurisdiction.

(b) Executive Director. The Board shall appoint an Executive Director. The Director shall be a full-time State employee, shall be exempt from the State classified system, and shall serve at the pleasure of the Board. The Director shall be responsible for:

(1) supervising and administering the operation and implementation of this chapter and the rules adopted by the Board as directed by the Board;

(2) assisting the Board in its duties and administering the requirements of this chapter; and

(3) employing any staff as may be required to carry out the functions of the Board.
10 V.S.A. § 568 — VT Code / Title 10 / Chapter 23 / Section 568
§ 568. Penalties
Status: in_force

(a) Any person who knowingly violates any provisions of this chapter or the rules adopted under this chapter or who knowingly fails or refuses to obey or comply with any order or the terms or conditions of any permit issued in accordance with this chapter, shall be fined not more than $100,000.00 or be imprisoned not more than five years, or both. Each violation may be considered a separate and distinct offense and, in the case of a continuing violation, each day's continuance may be deemed a separate and distinct offense. These penalties shall not apply to violations of section 563 of this title.

(b) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or by any permit, rule, regulation, or order issued under this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter or by any permit, rule, regulation, or order issued under this chapter, shall, upon conviction, be punished by a fine of not more than $50,000.00 or by imprisonment for not more than one year, or by both. Each violation may be considered a separate and distinct offense and, in the case of a continuing violation, each day's continuance may be deemed a separate and distinct offense.
10 V.S.A. § 697 — VT Code / Title 10 / Chapter 29 / Section 697
§ 697. Incentives and initiatives
Status: repealed

The following incentives and initiatives shall be available to new or expanding business entities located within the job development zones:

(1) [Repealed.]

(2) Preferential consideration from the Vermont Economic Development Authority as set forth in sections 233, 253, and 263 of this title.

(3) Targeted assistance under the Job Training Partnership Act, to the extent allowable by federal law.

(4) Targeted assistance under the Vermont Training Program as set forth in chapter 22 of this title.

(5) Funding for the purpose of program implementation to the regional development corporation which includes a job zone. The funding shall be through increased grants to economic development corporations provided for in 24 V.S.A. § 2784(a).

(6) Infrastructure assistance as set forth in section 698 of this title.

(7) Technical assistance from the Agency of Commerce and Community Development to develop applications for community development block grant and urban development action grants, rural development action grants, and other community improvement and economic development grants and to assist businesses with permits and licenses.

(8) Direct, localized assistance from small business development center.
10 V.S.A. § 6265 — VT Code / Title 10 / Chapter 153 / Section 6265
§ 6265. Condemnation and relocation of residents
Status: in_force

(a) The owner of a lot or rented mobile home that is condemned by a governmental agency due to the willful failure or refusal of the owner to comply with any obligations imposed by law shall provide for reasonable relocation costs of affected leaseholders and residents, except when the owner can demonstrate that he or she has no financial capacity to comply. The affected leaseholders and residents shall have the right to recover the reasonable costs of relocation, including court costs and reasonable attorney fees. The Agency of Natural Resources shall grant to the owner in a timely fashion all permits necessary to correct violations under this subchapter.

(b) The Commissioner may require a park owner who commences a closure of a mobile home park pursuant to section 6237a of this title within one year of receiving from a State or municipal enforcement official a notice of a violation of health, safety, or environmental laws or of section 6262 of this title to pay reasonable relocation costs not to exceed $3,500.00 to each affected leaseholder, except when the park owner can demonstrate that he or she has no financial capacity to comply.
10 V.S.A. § 21 — VT Code / Title 10 / Chapter 1 / Section 21
§ 21. EB-5 Special Fund
Status: in_force

(a) An EB-5 Special Fund is created to support the operating costs of the Vermont Regional Center for Immigrant Investment under the federal EB-5 Program. The Fund shall consist of revenues derived from administrative charges by the Agency of Commerce and Community Development pursuant to subsection (c) of this section, any interest earned by the Fund, and all sums that are from time to time appropriated for the support of the Regional Center and its operations. It is the intent of the General Assembly that the collection of charges authorized by this section will reduce or eliminate the need for legislative appropriations to support Regional Center expenses.

(b)(1) The receipt and expenditure of monies from the Special Fund shall be under the supervision of the Secretary of Commerce and Community Development.

(2) The Secretary of Commerce and Community Development shall maintain accurate and complete records of all receipts and expenditures by and from the Fund, and shall make an annual report on the condition of the Fund to the Secretary of Administration, the House Committees on Commerce and Economic Development and on Ways and Means, and the Senate Committees on Finance and on Economic Development, Housing and General Affairs.

(3) Expenditures from the Fund shall be used only to support the operating expenses of the Regional Center, including the costs of providing specialized services to support participating economic development projects, marketing and related travel expenses, application review and examination expenses, and personnel expenses incurred by the Agency of Commerce and Community Development. At the end of each fiscal year, the Secretary of Administration shall transfer from the EB-5 Special Fund to the General Fund any amount that the Secretary of Administration determines, in his or her discretion, exceeds the funds necessary to administer the Program.

(c) Notwithstanding 32 V.S.A. § 603, the Secretary of Commerce and Community Development is authorized to impose administrative charges on project developers to achieve the Fund's purpose. The charges shall be sufficient to fully fund the personnel and operating expenses of the Regional Center and shall include a one-time application fee as well as an annual assessment apportioned among approved projects in a fair and equitable manner as specified in rules adopted under section 20 of this title. In addition, the rules shall require that an applicant or approved project developer, as applicable, is liable for any additional expenses incurred with respect to the retention of outside legal, financial, examination or other services or studies deemed necessary by the Secretary or the Commissioner to assist with application or project review. The collection of some or all charges authorized under this section may be suspended for a period of time as deemed appropriate by the Secretary for good cause shown. Any charges imposed under this section shall be included in the consolidated Executive Branch fee report required under 32 V.S.A. § 605.

(d) Any costs incurred by the Department of Financial Regulation in connection with of the EB-5 Program shall be reimbursed in the manner specified in 8 V.S.A. § 18(d).
10 V.S.A. § 444 — VT Code / Title 10 / Chapter 20 / Section 444
§ 444. Responsibilities of the Agency of Natural Resources
Status: in_force

The Agency of Natural Resources may:

(1) Acquire by permission, the use of any section of land for the purpose of developing and maintaining the Vermont trails system. Permission shall be acquired from a willing land owner and shall be in writing and signed by both parties. The Agency or a person authorized by the Agency shall obtain landowner permission before establishing or allowing a trails group to establish a trail across private land. The written permission shall contain a clearly written statement expressing both parties' rights and obligations, including the obligation to maintain the trail, and the liability for property damage or personal injury, or both, to persons using trails created pursuant to this chapter. A dedication or any adverse right shall not arise from the granting of permission, under any circumstances.

(2) Acquire by gift, or purchase, the fee simple absolute title or any lesser interest in land, including easements, for the purposes of developing and maintaining the Vermont trails system. The Agency shall hold harmless from any liability for personal injury or property damage sustained on a trail, subject to the provisions of section 448 of this chapter, any private landowner from whom an interest has been granted or conveyed under this subdivision.

(3) Assign responsibilities for any trail, path, easement, or right-of-way to another governmental entity or not-for-profit agency upon agreement by such entity or agency to maintain and manage it for purposes consistent with this chapter.

(4) Coordinate the activities of all governmental units and bodies that desire to participate in the development of the Vermont trails system.

(5) Publish, sell, and distribute information and maps related to the development and maintenance of recreational trails.

(6) Develop and oversee the implementation of a Vermont trails plan. The plan may include guidance on expenditure of funds, standards, provision for uniform signing, user and landowner educational programs.

(7) Provide for public involvement in the development and management of the Vermont trails system.
10 V.S.A. § 7184 — VT Code / Title 10 / Chapter 164B / Section 7184
§ 7184. Stewardship organizations
Status: in_force

(a) Participation in a stewardship organization. A manufacturer shall meet the requirements of this chapter by participating in a stewardship organization that undertakes the responsibilities under sections 7182, 7183, and 7185 of this title.

(b) Qualifications for a stewardship organization. To qualify as a stewardship organization under this chapter, an organization shall:

(1) commit to assume the responsibilities, obligations, and liabilities of all manufacturers participating in the stewardship organization;

(2) not create unreasonable barriers for participation in the stewardship organization; and

(3) maintain a public website that lists all manufacturers and manufacturers' brands and products covered by the stewardship organization's approved collection plan.

(c) A stewardship organization is authorized to charge its members reasonable fees for the organization, administration, and implementation of the programs required by this chapter.
10 V.S.A. § 4047a — VT Code / Title 10 / Chapter 103 / Section 4047a
§ 4047a. Raffles; Department authority
Status: in_force

(a) Notwithstanding the provisions of 13 V.S.A. chapter 51, the Department may organize and execute raffles to dispose of property, and a person may participate in raffles executed by the Department, provided that the proceeds of raffles executed under this section shall be used solely to fund actions fulfilling or consistent with the purposes of the Department.

(b) All monies received by the Department under this section shall be deposited in the Fish and Wildlife Fund to be used for the purposes of that Fund.
10 V.S.A. § 4833 — VT Code / Title 10 / Chapter 113 / Section 4833
§ 4833. Coyote Control Program
Status: in_force

The Commissioner shall develop a Coyote Control Program for implementation in those areas of the State where he or she has determined that predation by coyotes is posing a threat to domesticated animals, deer, and other wildlife. In no event shall the Program use poison.
10 V.S.A. § 280h — VT Code / Title 10 / Chapter 12 / Section 280h
§ 280h. Receipt and administration of Program funds
Status: in_force

(a) The Authority shall receive in trust, hold, administer, and disburse in and from the Program exclusively for the benefit of the beneficiaries the following monies:

(1) federal grants and awards or other federal assistance received by the Agency or the State and eligible for deposit therein under applicable federal law;

(2) amounts appropriated by the State to the Program for purposes of the Program;

(3) loan and lease payments and other payments received by the Program in respect of providing financial assistance to qualified borrowers;

(4) investment earnings on monies in the Program; and

(5) any other amounts required to be credited to the Program by any law or by any resolution, loan agreement, or trust agreement or which the State or the Secretary shall otherwise determine to deposit therein.

(b) Application of amounts in the Program shall be subject to the requirements of this subchapter and the provisions of any applicable loan agreement or trust agreement and, with respect to amounts held pursuant to grants or awards made under 23 U.S.C. § 101 et seq., or 49 U.S.C. § 5301 et seq., or any other federal law, to the applicable requirements of federal law. The Authority shall be the custodian of the Fund as provided in this subchapter, and, subject to any applicable trust agreement, the Authority is authorized to invest monies held in the Program in such investments as may be legal investments for funds of the State, subject, however, with respect to funds deposited in the Program pursuant to section 350 of the NHS Act, to the provisions of section 350(e)(3) of the NHS Act.
10 V.S.A. § 954 — VT Code / Title 10 / Chapter 39 / Section 954
§ 954. Operation and maintenance of flood prevention structures
Status: in_force

The Department of Environmental Conservation may operate and maintain structures constructed under section 953 of this title or may provide for their operation and maintenance through contracts with natural resources conservation districts or other local organizations.
10 V.S.A. § 1001 — VT Code / Title 10 / Chapter 41 / Section 1001
§ 1001. Purpose
Status: in_force

The Department of Environmental Conservation is created to administer the water conservation policy of this State. It is in the public interest that the waters of the State shall be protected, regulated, and where necessary controlled under the authority of the State. The proper administration of the water resources now and for the future require careful consideration of the interruption of the natural flow of water in our watercourses resulting from the construction of new, and the operation of existing dams, diversion, and other control structures. This subchapter is intended to identify this need, to provide a means for the investigation of the cause and effect of intermittent or diverted flow, and for the consideration of corrective actions required to assure as nearly continuous flow of waters in the natural watercourses as may be possible consistent with reasonable use of riparian rights. (1965, No. 37, § 1; amended 1981, No. 222 (Adj. Sess.), § 24; 1987, No. 76, § 18.)
10 V.S.A. § 7060 — VT Code / Title 10 / Chapter 162 / Section 7060
§ 7060. Entry into the Compact
Status: in_force

The State shall be a member of the Texas Low-Level Radioactive Waste Disposal Compact.
10 V.S.A. § 6083a — VT Code / Title 10 / Chapter 151 / Section 6083a
§ 6083a. Act 250 fees
Status: in_force

(a) All applicants for a land use permit under section 6086 of this title shall be directly responsible for the costs involved in the publication of notice in a newspaper of general circulation in the area of the proposed development or subdivision and the costs incurred in recording any permit or permit amendment in the land records. In addition, applicants shall be subject to each of the following fees for each individual permit or permit application for the purpose of compensating the State of Vermont for the direct and indirect costs incurred with respect to the administration of the Act 250 program:

(1) For applications for projects involving construction, $6.65 for each $1,000.00 of the first $15,000,000.00 of construction costs, and $3.12 for each $1,000.00 of construction costs above $15,000,000.00. An additional $0.75 for each $1,000.00 of the first $15,000,000.00 of construction costs shall be paid to the Agency of Natural Resources to account for the Agency of Natural Resources' review of Act 250 applications.

(2) For applications for projects involving the creation of lots, $125.00 for each lot.

(3) For applications for projects involving exploration for or removal of oil, gas, and fissionable source materials, a fee as determined under subdivision (1) of this subsection or $1,000.00 for each day of Commission hearings required for such projects, whichever is greater.

(4) For applications for projects involving the extraction of earth resources, including sand, gravel, peat, topsoil, crushed stone, or quarried material, the greater of: a fee as determined under subdivision (1) of this subsection; or a fee equivalent to the rate of $0.02 per cubic yard of the first million cubic yards of the total volume of earth resources to be extracted over the life of the permit, and $.01 per cubic yard of any such earth resource extraction above one million cubic yards. Extracted material that is not sold or does not otherwise enter the commercial marketplace shall not be subject to the fee. The fee assessed under this subdivision for an amendment to a permit shall be based solely upon any additional volume of earth resources to be extracted under the amendment.

(5) For applications for projects involving the review of a master plan, a fee equivalent to $0.10 per $1,000.00 of total estimated construction costs in current dollars in addition to the fee established in subdivision (1) of this subsection for any portion of the project seeking construction approval.

(b) Notwithstanding the provisions of subsection (a) of this section, there shall be a minimum fee of $187.50 for original applications and $62.50 for amendment applications, in addition to publication and recording costs. These costs shall be in addition to any other fee established by statute, unless otherwise expressly stated. In addition, in no event shall the fee for an individual permit or permit amendment application, including each individual permit or permit amendment application seeking approval for any portion of a project involving a master plan, exceed $165,000.00.

(c) Fees shall not be required for projects undertaken by municipal agencies or by State governmental agencies, except for publication and recording costs.

(d) Neighborhood development area fees. Fees for residential development in a Vermont neighborhood or neighborhood development area designated according to 24 V.S.A. § 2793e shall be no more than 50 percent of the fee otherwise charged under this section. The fee shall be paid within 30 days after the permit is issued or denied.

(e) A written request for an application fee refund shall be submitted to the District Commission to which the fee was paid within 90 days of the withdrawal of the application.

(1) In the event that an application is withdrawn prior to the convening of a hearing, the District Commission shall, upon request of the applicant, refund 50 percent of the fee paid between $100.00 and $5,000.00, and all of that portion of the fee paid in excess of $5,000.00 except that the District Commission may decrease the amount of the refund if the direct and indirect costs incurred by the State of Vermont with respect to the administration of the Act 250 program clearly and unreasonably exceed the fee that would otherwise be retained by the District Commission.

(2) In the event that an application is withdrawn after a hearing, the District Commission shall, upon request of the applicant, refund 25 percent of the fee paid between $100.00 and $10,000.00 and all of that portion of the fee paid in excess of $10,000.00 except that the District Commission may decrease the amount of the refund if the direct and indirect costs incurred by the State of Vermont with respect to the administration of the Act 250 program clearly and unreasonably exceed the fee that would otherwise be retained by the District Commission.

(3) The District Commission shall, upon request of the applicant, increase the amount of the refund if the application of subdivisions (1) and (2) of this subsection clearly would result in a fee that unreasonably exceeds the direct and indirect costs incurred by the State of Vermont with respect to the administration of the Act 250 program.

(4) District Commission decisions regarding application fee refunds may be appealed to the Land Use Review Board in accordance with Board rules.

(5) For the purposes of this section, a “hearing” is a duly warned meeting concerning an application convened by a quorum of the District Commission, at which parties may be present. However, a hearing does not include a prehearing conference.

(6) In no event may an application fee or a portion thereof be refunded after a District Commission has issued a final decision on the merits of an application.

(7) In no event may an application fee refund include the payment of interest on the application fee.

(f) In the event that an application involves a project or project impacts that previously have been reviewed, the applicant may petition the Chair of the District Commission to waive all or part of the application fee. If an application fee was paid previously in accordance with subdivisions (a)(1) through (4) of this section, the Chair may waive all or part of the fee for a new or revised project if the Chair finds that the impacts of the project have been reviewed in an applicable master permit application, or that the project is not significantly altered from a project previously reviewed, or that there will be substantial savings in the review process due to the scope of review of the previous applications.

(g) A Commission or the Land Use Review Board may require any permittee to file a certification of actual construction costs and may direct the payment of a supplemental fee in the event that an application understated a project's construction costs. Failure to file a certification or to pay a supplemental fee shall be grounds for permit revocation.

(h) The costs of republishing a notice due to a scheduling change requested by a party shall be borne by the party requesting the change.

(i) Any municipality filing an application for a Tier 1A area status shall pay a fee of $295.00.

(j) Any regional planning commission filing a regional plan or future land use map to be reviewed by the Board shall pay a fee of $295.00.
10 V.S.A. § 6605 — VT Code / Title 10 / Chapter 159 / Section 6605
§ 6605. Solid waste management facility certification
Status: in_force

(a)(1) No person shall construct, substantially alter, or operate any solid waste management facility without first obtaining certification from the Secretary for such facility, site, or activity, except for sludge or septage treatment or storage facilities located within the fenced area of a domestic wastewater treatment plant permitted under chapter 47 of this title. This exemption for sludge or septage treatment or storage facilities shall exist only if:

(A) the treatment facility does not use a process to reduce pathogens further in order to qualify for marketing and distribution; and

(B) the facility is not a drying bed, lagoon, or nonconcrete bunker; and

(C) the owner of the facility has submitted a sludge and septage management plan to the Secretary and the Secretary has approved the plan. Noncompliance with an approved sludge and septage management plan shall constitute a violation of the terms of this chapter, as well as a violation under chapters 201 and 211 of this title.

(2) Certification shall be valid for a period not to exceed 10 years.

(b) Certification for a solid waste management facility, where appropriate, shall:

(1) Specify the location of the facility, including limits on its development.

(2) Require proper operation and development of the facility in accordance with the engineering plans approved under the certificate.

(3)(A) Specify the projected amount and types of waste material to be disposed of at the facility, which, in case of landfills and incinerators, shall include the following:

(i) if the waste is being delivered from a municipality that has an approved implementation plan, hazardous materials and recyclables shall be removed from the waste according to the terms of that implementation plan;

(ii) except as provided in subdivision (B) of this subdivision (3), if the waste is being delivered from a municipality that does not have an approved implementation plan, leaf and yard residuals shall be removed from the waste stream, and 100 percent of each of the following shall be removed from the waste stream: mandated recyclables, hazardous waste from households, and hazardous waste from small quantity generators.

(B) If waste delivered to the facility is process residuals from a material recovery facility, the facility receiving the waste shall not be required to remove 100 percent of mandated recyclables from the process residuals if the facility receiving the waste has a plan approved by the Secretary to remove mandated recyclables from the process residuals to the maximum extent practicable.

(4) Specify the type and numbers of suitable pieces of equipment that will operate the facility properly.

(5) Contain provisions for air, groundwater, and surface water monitoring throughout the life of the facility and provisions for erosion control, capping, landscaping, drainage systems, and monitoring systems for leachate and gas control.

(6) Contain such additional conditions, requirements, and restrictions as the Secretary may deem necessary to preserve and protect the public health and the air, groundwater, and surface water quality. This may include requirements concerning reporting, recording, and inspections of the operation of the site.

(c) The Secretary shall not issue a certification for a new facility or renewal for an existing facility, except for a sludge or septage land application project, unless it is included in an implementation plan adopted pursuant to 24 V.S.A. § 2202a, for the area in which the facility is located.

(d) New landfills placed in operation after July 1987 shall be lined and shall collect and treat leachate. Except as provided in section 6614 of this title, or if, pursuant to information obtained through the pilot projects completed under subsection 6604(b) of this title or from other sources, the Secretary identifies particular waste components that will not be the source of leachate harmful to health or the environment, the Secretary may waive the requirements for liners in landfills or portions of landfills designated solely to receive these wastes. Solid waste shall be included among these waste components that will not be the source of harmful leachate, in situations where all of the following apply:

(1) material to be landfilled has been subjected to a hazardous waste collection, diversion, and inspection program that removes at least 90 percent of the hazardous and toxic waste, including that classified as hazardous household waste and including that generated by small quantity generators;

(2) material to be landfilled has had at least 90 percent of the compostable material and marketable recyclables removed by source separation or by a combination of source separation and mechanical separation;

(3) the municipality in which the landfill or any portion of the landfill exists has permission of the facility operator to monitor landfill operations during operating hours, by means of a person appointed or hired by town officials or elected by the voters of the municipality.

(e) Ash from waste incineration facilities shall be disposed of only in lined facilities, unless recycled in a manner approved by the Secretary.

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

(g)(1) Notwithstanding any contrary provision of this section, the Secretary may authorize the land disposal or management of sludge or septage by an applicant at any certified site or facility with available capacity, provided the Secretary finds:

(A) that the applicant needs to dispose of accumulated sludge or septage promptly, and that delay would likely cause public health, or environmental damage, or nuisance conditions, or would result in excessive and unnecessary cost to the public, and that the applicant has lost authority to use previously certified sites through no act or omission of the applicant; and

(B) that at the certified site or facility to be used:

(i) the certificate holder agrees in writing to allow use of the site or facility by the applicant;

(ii) management of the applicant's sludge or septage is compatible with the site or facility certificate;

(iii) all terms and conditions of the original certification will continue to be met with addition of the applicant's sludge or septage; and

(iv) beginning January 1, 2013, any sludge or septage applied to land shall be applied according to a nutrient management plan approved by the Secretary.

(2) Issuance of an approval under this subsection shall comply with section 7716 of this title.

(h) The Secretary shall not issue a certification to a new nonmunicipal facility, or recertify an existing nonmunicipal facility, without first determining that the applicant meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title.

(i) In lieu of obtaining a certification for the long-term maintenance and postclosure care of the facility, the Secretary shall adopt rules to ensure the proper maintenance and postclosure care of facilities that disposed of municipal solid waste and any other waste stream designated by the Secretary. These rules shall require that the facility owner and operator maintain financial responsibility as required under section 6611 of this title for the period of time determined necessary to protect public health and the environment. These rules may include requirements for monitoring at a facility, monitoring requirements for surface water or groundwater in the vicinity of the facility, monitoring of leachate and gas control, physical maintenance of the facility, and corrective action for any release of a solid waste from the facility.

(j) A facility certified under this section that offers the collection of municipal solid waste shall:

(1) Beginning on July 1, 2014, collect mandated recyclables separate from other solid waste and deliver mandated recyclables to a facility maintained and operated for the management and recycling of mandated recyclables. A facility shall not be required to accept mandated recyclables from a commercial hauler.

(2) Beginning on July 1, 2015, collect leaf and yard residuals between April 1 and December 15 separate from other solid waste and deliver leaf and yard residuals to a location that manages leaf and yard residuals in a manner consistent with the priority uses established under subdivisions 6605k(a)(3)-(5) of this title.

(3) Beginning on July 1, 2017, collect food residuals separate from other solid waste and deliver food residuals to a location that manages food residuals in a manner consistent with the priority uses established under subdivisions 6605k(a)(2)-(5) of this title.

(k) The Secretary may, by rule, adopt exemptions to the requirements of subsection (j) of this section, provided that the exemption is consistent with the purposes of this chapter and the objective of the State plan.

(l) A facility certified under this section may incorporate the cost of the collection of mandated recyclables into the cost of the collection of municipal solid waste and may adjust the charge for the collection of municipal solid waste. A facility certified under this section may charge a separate fee for the collection of mandated recyclables, leaf and yard residuals, or food residuals.

(m) Mandated recyclables, leaf and yard residuals, or food residuals collected as part of a litter collection event operated or administered by a nonprofit organization or municipality shall be exempt from the requirements of subdivision (b)(3)(B) and subsection (j) of this section.

(n) A farm producing compost under subdivision 6001(22)(H) of this title is exempt from the requirements of this section.
10 V.S.A. § 570 — VT Code / Title 10 / Chapter 23 / Section 570
§ 570. Exemption from taxation
Status: in_force

Approved air pollution treatment facilities shall be exempted from real and personal property taxation in the same manner provided tax exemption of water treatment facilities under the provisions of 32 V.S.A. § 3802.
10 V.S.A. § 6553 — VT Code / Title 10 / Chapter 158 / Section 6553
§ 6553. Powers of the Secretary
Status: in_force

(a) The Secretary shall:

(1) establish and maintain a register of fragile areas, including status, current ownership, and size of each area; and

(2) adopt stewardship guidelines for maintenance and protection of registered fragile areas on private and State-owned lands.

(b) Actions by the Secretary shall be made pursuant to 3 V.S.A. chapter 25.
10 V.S.A. § 210 — VT Code / Title 10 / Chapter 12 / Section 210
§ 210. Statutory purposes
Status: in_force

The statutory purpose of the exemption for local development corporations in section 236 of this title is to promote economic development.
10 V.S.A. § 541a — VT Code / Title 10 / Chapter 22A / Section 541a
§ 541a. State Workforce Development Board; Executive Committee
Status: in_force

(a) Board established; duties. Pursuant to the requirements of 29 U.S.C. § 3111, the Governor shall establish the State Workforce Development Board to assist the Governor in the execution of his or her duties under the Workforce Innovation and Opportunity Act of 2014 and to assist the Commissioner of Labor as specified in section 540 of this title.

(b) Additional duties; planning; process.

(1) To inform its decision making and to provide effective assistance under subsection (a) of this section, the Board shall:

(A) conduct an ongoing public engagement process throughout the State that brings together employers and potential employees, including students, the unemployed, and incumbent employees seeking further training, to provide feedback and information concerning their workforce education and training needs; and

(B) maintain familiarity and promote alignment with the federal, State, and regional Comprehensive Economic Development Strategies and other economic development planning processes and coordinate workforce and education activities in the State, including the development and implementation of the State plan required under the Workforce Innovation and Opportunity Act of 2014, with economic development planning processes occurring in the State, as appropriate.

(2) To ensure that State-funded and federally funded workforce development and training efforts are of the highest quality and aligned with the State's workforce and economic goals, the Board shall regularly:

(A) review and approve State-endorsed Career Pathways that reflect a shared vision across multiple sectors and agencies for improving employment outcomes, meeting employers' and workers' needs, and leveraging available State and federal funding; and

(B) publicize the State-endorsed Career Pathways, including on websites managed by the Agency of Education, Department of Labor, and Department of Economic Development.

(3) The Board shall have the authority to approve State-endorsed and industry-recognized credentials and certificates, excluding high school diplomas and postsecondary academic degrees, that are aligned with the Career Pathways.

(c) Membership. The Board shall consist of the Governor and the following members who are appointed by the Governor and serve at the Governor's pleasure unless otherwise indicated, in conformance with the federal Workforce Innovation and Opportunity Act (WIOA), and who shall be selected from diverse backgrounds to represent the interests of ethnic and diverse communities and represent diverse regions of the State, including urban, rural, and suburban areas:

(1) one member of the Vermont House of Representatives, who shall serve for the duration of the biennium, appointed by the Speaker of the House;

(2) one member of the Vermont Senate, who shall serve for the duration of the biennium, appointed by the Senate Committee on Committees;

(3) four members who are core program representatives, as follows:

(A) the Commissioner of Labor or designee, for the Adult, Dislocated Worker, and Youth program and Wagner-Peyser;

(B) the Secretary of Education or designee, for the Adult Education and Family Literacy Act program;

(C) the Secretary of Human Services or designee, for the Vocational Rehabilitation program; and

(D) the Secretary of Commerce and Community Development or designee;

(4) six workforce representatives, as follows:

(A) two representatives from labor organizations operating in this State who are nominated by a State labor federation;

(B) one representative from a State-registered apprenticeship program; and

(C) three representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, which may include:

(i) organizations that serve veterans;

(ii) organizations that provide or support competitive, integrated employment for individuals with disabilities;

(iii) organizations that support the training or education needs of eligible youth as described in 20 C.F.R. § 681.200, including representatives of organizations that serve out-of-school youth as described in 20 C.F.R. § 681.210; and

(iv) organizations that connect volunteers in national or State service programs to the workforce;

(5) two elected local government officials who represent a city or town within different regions of the State; and

(6) 13 business representatives who:

(A) are owners, chief executives, or operating officers of businesses, including nonprofits, or other business executives with optimum policymaking or hiring authority, with at least one member representing a small business as defined by the U.S. Small Business Administration;

(B) represent businesses with employment opportunities that reflect in-demand sectors and employment opportunities in the State; and

(C) are appointed from among individuals nominated by State business organizations and business trade associations.

(d) Operation of Board.

(1) Executive Committee.

(A) Creation. There is created an Executive Committee that shall manage the affairs of the Board.

(B) Members. The members of the Executive Committee shall comprise the following:

(i) the Chair of the Board;

(ii) the Commissioner of Labor or designee;

(iii) the Secretary of Education or designee;

(iv) the Secretary of Human Services or designee;

(v) the Secretary Commerce and Community Development or designee;

(vi) two business representatives, appointed by the Chair of the Board, who serve on the Board; and

(vii) two workforce representatives, appointed by the Chair of the Board, who serve on the Board.

(C) Meetings. The Chair of the Board shall chair the Executive Committee. The Executive Committee shall meet at least once monthly and shall hold additional meetings upon call of the Chair.

(D) Duties. The Executive Committee shall have the following duties and responsibilities:

(i) recommend to the Board changes to the Board's rules or bylaws;

(ii) establish one or more subcommittees as it determines necessary and appropriate to perform its work; and

(iii) other duties as provided in the Board's bylaws.

(2) Member representation and vacancies.

(A) A member of the State Board may send a designee who meets the requirements of subdivision (B) of this subdivision (2) to any State Board meeting, who shall count toward a quorum, and who shall be allowed to vote on behalf of the Board member for whom the individual serves as a designee.

(B) Members of the State Board or their designees who represent organizations, agencies, or other entities shall be individuals with optimum policymaking authority or relevant subject matter expertise within the organizations, agencies, or entities.

(C) The Chair of the Board shall provide notice within 30 days after a vacancy on the Board to the relevant appointing authority, which shall appoint a replacement within 90 days after receiving notice.

(3) Chair. The Governor shall select a chair for the Board from among the business representatives appointed pursuant to subdivision (c)(6) of this section.

(4) Meetings. The Board shall meet at least three times annually and shall hold additional meetings upon call of the Chair.

(5) Committees; work groups; ad hoc committees. The Chair, in consultation with the Commissioner of Labor, may:

(A) assign one or more members or their designees to standing committees, ad hoc committees, or work groups to carry out the work of the Board; and

(B) appoint one or more nonmembers of the Board to a standing committee, ad hoc committee, or work group and determine whether the individual serves as an advisory or voting member, provided that the number of voting nonmembers on a standing committee shall not exceed the number of Board members or their designees.

(6) Quorum meetings; voting.

(A) A majority of the sitting members of the Board shall constitute a quorum, and to be valid any action taken by the Board shall be authorized by a majority of the members present and voting at any regular or special meeting at which a quorum is present.

(B) The Board may permit one or more members to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication, including an electronic, telecommunications, and video- or audio-conferencing conference telephone call, by which all members participating may simultaneously or sequentially communicate with each other during the meeting. A member participating in a meeting by this means is deemed to be present in person at the meeting.

(C) The Board shall deliver electronically the minutes for each of its meetings to each member of the Board and to the Chairs of the House Committees on Education and on Commerce and Economic Development, and to the Senate Committees on Education and on Economic Development, Housing and General Affairs.

(D) The Board may adopt in its bylaws the quorum, membership, and procedural requirements for standing committees.

(7) Reimbursement.

(A) Legislative members of the Board shall be entitled to compensation and expenses as provided in 2 V.S.A. § 23.

(B) Unless otherwise compensated by his or her employer for performance of his or her duties on the Board, a nonlegislative member of the Board shall be eligible for per diem compensation of $50.00 per day for attendance at a meeting of the Board, and for reimbursement of his or her necessary expenses, which shall be paid through funds available for that purpose under the Workforce Innovation and Opportunity Act of 2014.

(8) Conflict of interest. A member of the Board shall not:

(A) vote on a matter under consideration by the Board:

(i) regarding the provision of services by the member, or by an entity that the member represents; or

(ii) that would provide direct financial benefit to the member or the immediate family of the member; or

(B) engage in any activity that the Governor determines constitutes a conflict of interest as specified in the State Plan required under 29 U.S.C. § 3112 or 3113.

(9) Sunshine provision. The Board shall make available to the public, on a regular basis through open meetings, information regarding the activities of the Board, including information regarding the State Plan adopted pursuant to 29 U.S.C. § 3112 or 3113 and prior to submission of the State Plan to the U.S. Secretary of Labor, information regarding membership, and, on request, minutes of formal meetings of the Board.
10 V.S.A. § 1978 — VT Code / Title 10 / Chapter 64 / Section 1978
§ 1978. Rules
Status: repealed

(a) The Secretary shall adopt rules, in accordance with 3 V.S.A. chapter 25, necessary for the administration of this chapter. These rules shall include the following:

(1) Performance standards for wastewater systems.

(2) Design flow standards for potable water supplies and wastewater systems.

(3) Design requirements, including isolation distances.

(4) Monitoring and reporting requirements.

(5) Soils and hydrogeologic requirements.

(6) Operation and maintenance requirements appropriate to the complexity of the system.

(7) Requirements for engineering plans and specifications for potable water supplies and wastewater systems.

(8) Provisions for the acceptance and approval of alternative or innovative technologies, based on performance evaluations provided by qualified organizations with expertise in wastewater systems, including the New England Interstate Water Pollution Control Commission.

(9) Provisions allowing the use of a variety of alternative or innovative technologies, including intermittent sand filters, recirculating sand filters, waterless toilets, and greywater disposal systems, and constructed wetlands, that provide an adequate degree of protection of human health and the environment. When alternative or innovative technologies are approved for general use, the rules shall not require either a bond or the immediate construction of a duplicate wastewater system for those alternative or innovative technologies.

(10) Provisions allowing for appropriate reductions in leachfield size, depth to the seasonal high water table, or other minimum site conditions when the wastewater system design does not solely rely on naturally occurring soils to provide an adequate degree of treatment, and when those systems, combined with the reductions, provide an adequate degree of protection of human health and the environment.

(11) Provisions allowing for experimental systems.

(12) Provisions regarding the licensing of certain classes of designers.

(13) Provisions regarding the delegation of authority to and removal of authority from a municipality to administer this chapter.

(14) Other requirements necessary to protect human health and the environment.

(15) Provisions authorizing the use by a residential dwelling of surface water as a source of a potable water supply permitted under this chapter.

(b) The Secretary may, by rule, establish permitting exemptions upon a determination that those exemptions are consistent with the purposes of this chapter, and are necessary for the appropriate implementation of this chapter.

(c) The Secretary shall first adopt rules under this section no later than July 30, 2002.

(d) The Secretary shall not adopt rules under this chapter that allow wastewater systems that serve lots created after June 13, 2002 to be constructed on ground with a maximum slope in excess of 20 percent. This limitation shall not apply to replacement wastewater systems.

(e)(1) The Secretary shall periodically review and, if necessary, revise the rules adopted under this chapter to ensure that the technical standards remain current with the known and proven technologies regarding potable water supplies and wastewater systems.

(2) The Secretary shall seek advice from a Technical Advisory Committee in carrying out the mandate of this subdivision. The Governor shall appoint the members of the Committee and ensure that there is at least one representative of the following entities on the Committee: professional engineers, site technicians, well drillers, hydrogeologists, town officials with jurisdiction over potable water supplies and wastewater systems, water quality specialists, technical staff of the Agency of Natural Resources, and technical staff of the Department of Health. Administrative support for the Advisory Committee shall be provided by the Secretary of Natural Resources.

(3) The Technical Advisory Committee shall provide annual reports, starting January 15, 2003, to the Chairs of the House Committee on Corrections and Institutions and the Senate Committee on Institutions. The reports shall include information on the following topics: the implementation of this chapter and the rules adopted under this chapter; the number and type of alternative or innovative systems approved for general use, approved for use as a pilot project, and approved for experimental use; the functional status of alternative or innovative systems approved for use as a pilot project or approved for experimental use; the number of permit applications received during the preceding calendar year; the number of permits issued during the preceding calendar year; and the number of permit applications denied during the preceding calendar year, together with a summary of the basis of denial.

(4) [Repealed.]

(f) The Secretary may adopt emergency rules as necessary to assure that the implementation of this chapter does not have an undue adverse effect upon the marketability of title to real estate.
10 V.S.A. § 6679 — VT Code / Title 10 / Chapter 159 / Section 6679
§ 6679. Rulemaking; procedure
Status: in_force

The Secretary may adopt rules or procedures to implement the requirements of this subchapter.
10 V.S.A. § 5101 — VT Code / Title 10 / Chapter 117 / Section 5101
§ 5101. Fish and wildlife; restrictions
Status: in_force

(a) A person shall not:

(1) Transport fish or wildlife taken by another except in the presence of the person who took that fish or wildlife.

(2) Transport fish or wildlife during the closed season for the taking of that fish or wildlife.

(3) Transport in one day more than the number or limit of fish or wildlife that may legally be taken in a day. However, a person traveling on land between a temporary abode and the person's domicile may transport in one day the number or limit of fish and wildlife that may legally be taken in two days. While on the waters of the State, a person may, in no case, transport more than the limit of fish that may be taken in one day unless the fish is frozen, processed, and packaged for storage.

(b) Quadrupeds lawfully taken in the protection of property may be transported at any time subject to the provisions of this chapter.

(c) Deer and bear may be transported during the first 20 days following the open season therefor, subject to the provisions of this chapter.

(d) Fish that have been sold at wholesale or retail may be transported at any time by any person.
10 V.S.A. § 280u — VT Code / Title 10 / Chapter 12 / Section 280u
§ 280u. Guarantees; other credit enhancement
Status: in_force

(a) The Board may provide guarantees secured solely by, or purchase of insurance or other enhancements through, amounts on deposit in the program, to qualified borrowers in accordance with the provisions of this section.

(b) All of the assets and obligations directly covered by guarantees or other forms of credit enhancement shall be assets or obligations of governmental units or private entities that are, without guarantee or enhancement, listed by a nationally recognized statistical rating organization at a rating not below the third highest rating of such organization.

(c) The assets and obligations that may be directly covered by guarantees issued by the Board are:

(1) bonds, debentures, notes, evidence of debt, loans, and interest therein, of qualified borrowers, the proceeds of which are to be used for a qualified project; and

(2) leases of personal, real, or mixed property to be used for a qualified project.

(d) The Program may charge and collect premiums or other fees for the guarantees or other credit enhancement provided pursuant to this subchapter, including fees for services performed in connection with the approval and processing of the guarantees or the credit enhancement provided pursuant to this subchapter.
10 V.S.A. § 1337 — VT Code / Title 10 / Chapter 47 / Section 1337
§ 1337. Interstate inland and tidal waters-Article VI
Status: in_force

Each of the signatory states pledges to provide for the abatement of existing pollution and for the control of future pollution of interstate inland and tidal waters as described in Article I, and to put and maintain the waters thereof in a satisfactory condition consistent with the highest classified use of each body of water.
10 V.S.A. § 326 — VT Code / Title 10 / Chapter 15A / Section 326
§ 326. Findings, policies, and goals
Status: in_force

(a) The General Assembly finds that Vermont's economic prosperity depends on the establishment and achievement of the following policies and goals:

(1) The dual goals of creating quality jobs and conserving and protecting Vermont's social and natural environments are of primary importance to economic vitality and the quality of life of Vermont.

(2) The idea of combining the dual goals of economic vitality and environmental quality is known as sustainable economic development.

(3) Sustainable economic development is a growing national and international public policy trend for the investment of private and governmental funds.

(4) Vermont's unique environmental image as a function of State policy and of the policies of our existing educational institutions provides an opportunity to position the State as a primary sustainable economic development educational center.

(5) The goal of quality job creation as part of the State's economic development policy is dependent on providing support for the start-up and expansion of small businesses and micro-business sectors of our economy.

(6) The goal of creating quality jobs or family-wage jobs is in part dependent upon nurturing businesses in growing sectors of the national and international economy, including companies involved with:

(A) environmental technologies;

(B) environmental equipment and services;

(C) energy efficiency;

(D) renewable energy;

(E) pollution abatement;

(F) specialty foods;

(G) water and wastewater systems;

(H) solid waste and recycling technologies;

(I) wood products and other natural resource based or “value added” industries;

(J) sustainable agriculture; and

(K) existing businesses, including larger manufacturing firms, striving to minimize their impact and waste through environmentally sound products and processes.

(7) The goal of creating quality jobs by nurturing the businesses listed in subdivision (6) of this subsection is consistent with the goal of protecting our natural and social environments, and with the goal of positioning the State as a primary sustainable economic development educational center.

(8) Support for sustainable economic development includes the need to provide:

(A) Increased financial resources to fund existing programs for the start-up and expansion of small businesses, including revolving loan programs, peer lending programs, technical assistance programs, and marketing programs.

(B) Capital access to those businesses too large or too small to obtain funds from existing programs.

(C) An organization designed to coordinate the leveraging of federal, State, local, and private resources and to stimulate the development of public-private partnerships.

(D) An increased array of economic development tools, including flexible manufacturing networks, sectoral development, and product development funds.

(E) Funding for eligible activities as recommended in the Vermont Economic Progress Council's 10-year plan.

(F) Professional evaluation and accountability of funded economic development activities.

(G) Coordination between the State's economic development and environmental protection policies.

(b) It is the purpose of this chapter to create the Sustainable Jobs Fund Program, to be administered by the nonprofit corporation formed under section 328 of this title, to further the policies and goals established in subsection (a) of this section.
10 V.S.A. § 7712 — VT Code / Title 10 / Chapter 170 / Section 7712
§ 7712. Type 1 Procedures
Status: in_force

(a) Purpose; scope.

(1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when adopting general permits and considering applications for individual permits under the Clean Air Act and Clean Water Act.

(2) This section governs each application for a permit to be issued by the Secretary pursuant to the requirements of the Clean Air Act or Clean Water Act and to each general permit to be issued under one of those acts. However, the subsection does not apply to a notice of intent under a general permit. The procedures under this section shall be known as Type 1 Procedures.

(b) Notice of application.

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

(2) At least 15 days prior to posting a draft decision, the Secretary shall provide notice of an administratively complete application through the environmental notice bulletin. The environmental notice bulletin shall send notice of such an application to each person to whom notice is federally required.

(3) This subsection shall not apply to a general permit issued under this section.

(c) Notice of draft decision or draft general permit. The Secretary shall provide notice of a draft decision or draft general permit through the environmental notice bulletin and shall post the draft decision or permit to the bulletin. In addition to the requirements of section 7711 of this chapter:

(1) The Secretary shall post a fact sheet to the bulletin.

(2) The environmental notice bulletin shall send notice of the draft to each person to whom notice is federally required.

(3) The Secretary shall provide newspaper notice of the draft decision as required by this subdivision (3).

(A) If the draft decision pertains to an application for an individual permit, the Secretary shall provide notice in a daily or weekly newspaper in the area of the proposed project if the project is classified as major pursuant to the Clean Water Act or chapter 47 of this title or if required by federal statute or regulation.

(B) If the draft decision is a draft general permit, the Secretary shall provide notice in daily or weekly newspapers in each region of the State to which the draft general permit will apply.

(C) In addition to the requirements of this chapter and 3 V.S.A. § 2826, the notice from the environmental notice bulletin and the newspaper notice shall include all information required pursuant to applicable federal statute and regulation.

(d) Comment period. The Secretary shall provide a public comment period.

(e) Public meeting. On or before the end of the comment period, any person may request a public meeting on the draft decision or draft general permit issued under this section. The Secretary shall hold a public meeting whenever any person files a written request for such a meeting. The Secretary otherwise may hold a public meeting at his or her discretion. The Secretary shall provide at least 30 days' notice of the public meeting through the environmental notice bulletin. If the notice of the public meeting is not issued at the same time as the draft decision or draft general permit, the Secretary also shall provide notice of the public meeting in the same manner as required for the draft decision or permit under subsection (c) of this section.

(f) Notice of final decision or final general permit. The Secretary shall provide notice of the final decision or final general permit through the environmental notice bulletin and shall post the final decision or permit to the bulletin. When the Secretary issues the final decision or final general permit, the Secretary shall provide a response to comments.

(g) Compliance with Clean Air and Water Acts. With respect to issuance of a permit under the Clean Air Act or Clean Water Act, if a requirement under those acts directs the Secretary to provide the public with greater notice, opportunity to participate, or access to information than the corresponding requirement of this chapter, the Secretary shall comply with the federal requirement.
10 V.S.A. § 250 — VT Code / Title 10 / Chapter 12 / Section 250
§ 250. Bonds exempt from taxation
Status: in_force

All bonds issued under this subchapter and the income therefrom shall be exempt from taxation by the State of Vermont and all of its political subdivisions, agencies, or instrumentalities, except that bonds shall not be exempt from inheritance, transfer, and estate taxes or taxes in the nature thereof.
10 V.S.A. § 1449 — VT Code / Title 10 / Chapter 49A / Section 1449
§ 1449. Coordination of Agency of Natural Resources' permitting of activities in protected shoreland areas
Status: in_force

(a) Coordination of permitting in protected shoreland area. During technical review of a permit application for a wastewater system, potable water supply, stormwater discharge, or stormwater treatment facility that is proposed to be located in a protected shoreland area and that does not require a permit under this chapter, the Agency division issuing the wastewater system, potable water supply, stormwater discharge, or stormwater treatment facility permit shall consult with the Agency's Lakes and Ponds Section regarding practices or activities that could reduce the impact of the proposed activity on the protected shoreland area or water quality of lakes adjacent to the protected shoreland area.

(b) Agency guidance or procedure. The Agency may formalize the consultation process required by this section in a guidance document or internal agency procedure.
10 V.S.A. § 6605f — VT Code / Title 10 / Chapter 159 / Section 6605f
§ 6605f. Waste management personnel background review
Status: in_force

(a) Disqualifying criteria. Any nongovernmental entity or person applying for a certification under section 6605, 6605a, or 6606 of this title, for interim certification under section 6605b of this title, shall be denied certification or other authorization if the Secretary finds:

(1) that the applicant or any person required to be listed on the disclosure statement pursuant to subdivision (b)(1) of this section has been convicted of any of the following disqualifying offenses in this or any other jurisdiction within the 10 years preceding the date of the application:

(A) murder;

(B) kidnapping as defined in 13 V.S.A. § 2405;

(C) gambling as defined in 13 V.S.A. § 2135;

(D) robbery as defined in 13 V.S.A. § 608;

(E) bribery as defined in 13 V.S.A. chapter 21;

(F) extortion as defined in 13 V.S.A. § 1701;

(G) arson as defined in 13 V.S.A. chapter 11;

(H) burglary as defined in 13 V.S.A. § 1201;

(I) larceny and embezzlement as defined in 13 V.S.A. chapter 57;

(J) forgery and fraud as defined in 13 V.S.A. chapters 43, 47, and 49 and 9 V.S.A. chapters 63, 67, 71, 105, and 131;

(K) possession and control of drugs and related offenses as defined in 18 V.S.A. chapter 84;

(L) unlawfully selling, bartering, possessing, furnishing, or transporting alcohol pursuant to 7 V.S.A. § 561;

(M) the federal Racketeer Influenced and Corrupt Organizations Act as defined in 18 U.S.C. § 1961 et seq.;

(N) the criminal provisions of federal antitrust laws for activities related to solid waste;

(O) the criminal provisions of any federal or state environmental protection laws or rules relating to solid waste;

(P) obstruction of justice as defined in 13 V.S.A. chapter 67;

(Q) fraud in the offering, sale, or purchase of securities under 9 V.S.A. § 5508 and in the U.S. Code;

(R) alteration of motor vehicle identification numbers as defined in 23 V.S.A. § 1703;

(S) unlawful manufacture, purchase, use, or transfer of firearms as defined in 13 V.S.A. chapter 85 and in the U.S. Code; or

(T) perjury as defined in 13 V.S.A. chapter 65; or

(2) that the applicant or any person required to be listed on the disclosure statement pursuant to subdivision (b)(1) of this section, alone or taken together, have committed more than one violation of environmental statutes, rules, orders, certifications, or permits, issued by any jurisdiction, which have the potential to significantly harm the public health, public safety, or the environment, giving due consideration to the size and scope of the applicant's business operations.

(b) Disclosure statement. The disclosure statement shall include the following:

(1) Disclosure of equity and debt ownership. The full name, business address, and Social Security number or its foreign equivalent of the applicant or, if the applicant is a business concern, of the officers, directors, partners, or key employees of that business concern; and a listing of all persons or business concerns that hold any equity in or debt liability of the applicant business concern, or, if the applicant business concern is a publicly traded corporation, of all persons or business concerns holding more than five percent of the equity in or debt liability of that business concern. The Secretary and the Commissioner of Public Safety shall have the right, but not the obligation, to require the applicant to submit disclosure statements for the officers, directors, partners, and key employees of any business concern that holds any equity in or debt liability of the applicant business concern.

(2) Disclosure of equity and debt ownership in related business concerns. The full name, business address, and Social Security number of all persons or business concerns holding any equity in or debt liability of any business concern disclosed in this subsection. The Secretary and the Commissioner of Public Safety shall have the right, but not the obligation, to require the applicant to submit disclosure statements for the officers, directors, partners, and key employees of any business concern that holds any equity in or debt liability of the applicant business concern.

(3) Disclosure of record of convictions. The record of convictions identified in subsection (a) of this section by any person identified in this section for the 10 years prior to the date of the application.

(4) Disclosure of civil and administrative penalties. A list of all civil and administrative penalties issued against the applicant by any state or federal authority, in the five years immediately preceding the filing of the application, that resulted from a finding of violation or assurance of discontinuance, relating to the collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste by the applicant, or if the applicant is a business concern, by any key employee, officer, director, or partner of that business concern.

(c) Investigation. The Secretary shall refer the completed application to the Department of Public Safety for the purpose of verifying the information in the application and conducting an investigation. In connection with its investigation, the Department of Public Safety may request and receive criminal history information from any federal or state law enforcement agency or organization and may transmit that information to the Secretary. Unless the Secretary's determination or decision is contested, the information contained in the investigative report shall remain confidential and shall only be used by the cooperating agencies.

(d) Definition of key employee. As used in this section, “key employee” means any individual employed by a business concern in a management capacity or who is empowered to make discretionary decisions of a financially material nature with respect to the solid or hazardous waste operations of the business concern.

(e) Change in ownership. In the event of any change in ownership, the certificate or permit holder under this section shall file a disclosure statement, as required of an applicant under this section. This filing shall be made at least 90 days before the proposed change in ownership. A proposed change of ownership shall be processed in the same manner as an application under subsection (a) of this section, and if it would result in the denial of an application, transfer of the permit to the proposed new owner shall be denied.

(f) Rehabilitation. Notwithstanding the provisions of this section, no applicant under this section shall be denied certification, or licensure on the basis of disqualifying criteria with respect to any individual required to be listed in the disclosure statement or shown through investigation to have a beneficial interest in the business of the applicant other than an equity interest or debt liability, if the person has demonstrated the person's rehabilitation, as determined by the Secretary.

(g) Revocation of certification. The Secretary shall revoke any certification or permit subject to this section, or appoint a receiver and order that the receiver conduct the business in question, if the Secretary determines:

(1) that any of the grounds for denial under subsection (a) of this section either existed at the time of application or have arisen since that time; or

(2) that the holder of the certification or permit, or the applicant for the certification or permit, knowingly omitted or falsified information required to be disclosed under this section.

(h) Agency coordination. The Secretary of Natural Resources, the Attorney General, the State's Attorneys, and the Commissioner of Public Safety shall coordinate efforts to enforce solid waste laws and to investigate for violations of those laws.

(i) Decision by Secretary. Any denial by the Secretary under subsection (a) of this section shall be made within 90 days of receiving a completed application, except that when the Secretary or the Commissioner of Public Safety requests additional information pursuant to subdivision (b)(1) or (2) of this section, the 90-day period shall not run from the date of that request until the date upon which the Secretary or Commissioner receives the information requested. If the Secretary does not issue a denial within 90 days of receiving a completed application or the additional language requested, the applicant shall be deemed to have complied with the requirements of this section, subject to the Secretary's right to seek revocation under subsection (g) of this section.

(j) Private entities that contract with governmental entities. If a governmental entity is an applicant for a certification, interim certification, or waste transportation permit listed in subsection (a) of this section, and contracts with a nongovernmental entity to conduct any part of its operation that is subject to the certificate or permit, such nongovernmental entity shall comply with the requirements of this section.

(k) Exemption.

(1) Except to the extent that other activities create jurisdiction under this section, a person shall be exempt from the provisions of this section, if that person:

(A) applies for certification under this chapter for on-site storage or treatment of solid or hazardous waste:

(i) that is generated solely on-site; or

(ii) that is generated off-site by:

(I) any person under the same ownership or control as is the person applying; or

(II) any person who is a joint venturer with, or partner of, the person applying; and

(B) does not accept any other solid or hazardous waste for storage or treatment.

(2) Any person who applies for a certification under this chapter to perform corrective action or closure or post-closure activities shall be exempt from the provisions of this section, except to the extent that other activities create jurisdiction under this section.

(l) Continuing jurisdiction. After a certification or permit has been issued, the Secretary and the Commissioner of Public Safety shall retain the right to require the permittee to submit additional information concerning all persons holding equity in or debt liability of the permittee, if the Secretary or Commissioner has received reliable information, that was not available at the time the certification or permit was issued, indicating that additional investigation is warranted. Upon request by the Secretary or the Commissioner for the submission of additional information, the permittee shall exercise all due diligence to comply completely and in a timely manner with the request.

(m) Annual statement. Any person subject to this section who has received a waste transporter permit under section 6607a of this title shall file a statement annually within 30 days prior to the month and day of issuance of that permit disclosing any changes in facts that would render the disclosure statement filed in connection with that permit inaccurate in any way, or stating that no such changes have occurred in the period of time covered by the annual statement. The annual statement shall be under oath or affirmation.
10 V.S.A. § 726 — VT Code / Title 10 / Chapter 31 / Section 726
§ 726. Ordinances prescribing rules; referendum
Status: in_force

A referendum shall be conducted as follows:

(1) The ordinances proposed to be enacted shall be delivered by the supervisors or by agents authorized by them, or by mail to the last known address of such owners of land within the district, together with a warning of a district meeting, which warning shall contain an article for a vote upon the following question:

Shall the proposed ordinance, No. . . ., prescribing land-use rules for conserving soil resources, soil and stream bank erosion, and conservation of natural resources, be adopted, the substance of which is as follows?

(2) The vote under such article shall be by ballot in the following form:

Shall the proposed ordinance No. . . ., prescribing land-use rules for conserving soil resources, soil and stream bank erosion, and conservation of natural resources be adopted?

YES □ NO □
10 V.S.A. § 2606b — VT Code / Title 10 / Chapter 83 / Section 2606b
§ 2606b. License of forestlands for maple sugar production
Status: repealed

(a) The General Assembly finds and declares that:

(1) Maple sugaring is an important cultural tradition of Vermont life that should be maintained and encouraged.

(2) Maple sugaring is an important component of the agricultural and forest products economy in Vermont and is increasingly necessary for farmers that must diversify in order to continue to farm in Vermont.

(3) Maple sugaring is a sustainable use of forestland.

(4) State forestland should be managed and used for multiple uses, including maple sugar production.

(b) It is hereby adopted as State policy to permit limited use of designated State-owned land under the jurisdiction of the Department for maple sugar production.

(c) Pursuant to guidelines developed by the Department of Forests, Parks and Recreation, in consultation with the Vermont Maple Sugar Makers' Association, the Department may issue licenses for the use of State forestland for the tapping of maple trees, the collection of maple sap, and the transportation of such sap to a processing site located off State forestland or to sites located on State forestland if approved by the Commissioner. All tapping of maple trees authorized under a license shall be conducted according to the guidelines for tapping maple trees established by the Department of Forests, Parks and Recreation, in consultation with the Vermont Maple Sugar Makers' Association. Each person awarded a license under this section shall maintain and repair any road, water crossing, or work area according to requirements set by the Department in the license. Each license shall include such additional terms and conditions set by the Department as may be necessary to preserve forest health and to ensure compliance with the requirements of this chapter and applicable rules. A license shall be issued for a fixed term not to exceed five years and shall be renewable for two five-year terms subsequent to the initial license. Subsequent renewals shall be allowed where agreed upon by the Department and the licensee. The Department shall have power to terminate or modify a license for cause, including damage to forest health.

(d) The Commissioner may adopt rules to implement the requirements of this section.

(e) There is hereby established the Maple Advisory Board to provide the Commissioner of Forests, Parks and Recreation with guidance on licensing of State forestland for maple sugar production, including identification of potential sites on State lands for licensure. The Board shall be composed of:

(1) Three employees of the Department of Forests, Parks and Recreation, appointed by the Commissioner.

(2) Three sugar makers, at least one of which is an independent sugar maker unaffiliated with an association, appointed by the Secretary of Agriculture, Food and Markets.

(3) One member of the Vermont Forest Products Association designated by the Association.

(4) One member of either the University of Vermont Proctor Maple Research Center or the University of Vermont Agricultural Extension Service, appointed by the Commissioner.

(f) A per tap license charge shall be imposed on the taps installed in the license area. The Commissioner shall establish this per tap license charge at a reasonable rate that reflects current market rates. Charges collected under this section shall be deposited in the Lands and Facilities Trust Fund established under 3 V.S.A. § 2807.

(g) [Repealed.]
10 V.S.A. § 4710 — VT Code / Title 10 / Chapter 113 / Section 4710
§ 4710. Safety zone; shooting prohibited
Status: in_force

(a) A person may on land owned or occupied by him or her and within 500 feet of any occupied dwelling house, residence, or other building or camp occupied by human beings, or any barn, stable, or other building used in connection therewith, maintain posters furnished by the Department of Fish and Wildlife not less than 12 inches wide and 18 inches high containing the words “safety zone, shooting prohibited.” An area bounded by such posters placed at each corner, and not more than 200 feet apart on the boundaries shall be considered enclosed land for the purpose of this section and is hereby defined as a “safety zone.” Without advance permission of the owner or occupant, a person shall not discharge a firearm within or take a wild animal that is within a “safety zone” as defined herein.

(b) Any person who violates a provision of this section shall be fined $50.00.
10 V.S.A. § 952 — VT Code / Title 10 / Chapter 39 / Section 952
§ 952. Federal flood control program; natural resources conservation districts as sponsoring agencies
Status: in_force

(a) The natural resources conservation districts may act as local sponsoring agencies under the provisions of Public Law 83-566, for carrying out programs for flood control, stream bank protection, and channel improvements, as well as land treatment and drainage, subject to review and approval by the Department of Environmental Conservation of all plans for projects that affect stream flow.

(b) A municipality, when authorized by a majority of the voters voting at a meeting warned and held for that purpose, may purchase, or acquire by gift, title to land within the State for the purpose of constructing, maintaining, and operating improvements for flood prevention or conserving, developing, using, and disposing of water under Public Law 83-566, and may pay 100 percent or less of the nonfederal costs thereof.
10 V.S.A. § 4049 — VT Code / Title 10 / Chapter 103 / Section 4049
§ 4049. Fish and Wildlife Trust Fund
Status: repealed

(a) The General Assembly recognizes the importance to the people of Vermont of conserving Vermont's fish and wildlife resources. Therefore, in order to provide the opportunity for Vermonters to invest in the future of its fish and wildlife resources, there is hereby created a Fish and Wildlife Trust Fund within the Fish and Wildlife Fund that shall consist of:

(1) receipts from sales of any lifetime licenses created pursuant to subsection 4279(f) of this title;

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

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

(b) The Commissioner, after consultation with the Secretary of Natural Resources, the Secretary of Administration, and the State Treasurer, may determine whether the Trust Fund is to be managed by the State Treasurer or by a private firm contracted by the State Treasurer at the direction of the Commissioner.

(c) When the balance of the Trust Fund reaches $250,000.00, the Commissioner may withdraw interest as needed for operation of departmental programs. The principal shall remain in the Trust Fund in perpetuity, even should provisions of law regarding lifetime licenses be repealed.

(d) [Repealed.]
10 V.S.A. § 1938 — VT Code / Title 10 / Chapter 59 / Section 1938
§ 1938. Underground Storage Tank Trust Fund
Status: in_force

There is hereby created in the State Treasury a fund to be known as the Underground Storage Tank Trust Fund, to be expended by the Secretary of Natural Resources as allowed by federal law. The Secretary may accept and use funds available through the federal underground storage tank trust fund for those purposes. All balances in the Fund at the end of any fiscal year shall be carried forward and remain a part of the fund. Interest earned by the Fund shall be deposited into the Fund. The Secretary may seek reimbursement of the funds expended. Funds recovered shall be deposited as required by federal regulations. Disbursements from the Fund shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management.
10 V.S.A. § 4259 — VT Code / Title 10 / Chapter 105 / Section 4259
§ 4259. Vermont residents; U.S. Armed Forces
Status: in_force

Any resident of the State of Vermont who is serving in the U.S. Armed Forces or is performing or under orders to perform any homeland defense or State-side contingency operation, or both, for a period of 120 consecutive days or more shall certify that he or she is eligible under this section to obtain at no cost a hunting or fishing license or a combination hunting and fishing license. This provision will apply only during the period he or she is serving in the U. S. Armed Forces, or as certified pursuant to this section. A person who obtains a license under this section may keep the license until it expires, whether or not the person continues to serve in the U.S. Armed Forces until the expiration date.
10 V.S.A. § 1422 — VT Code / Title 10 / Chapter 49 / Section 1422
§ 1422. Definitions
Status: in_force

In this chapter, unless the context clearly requires otherwise:

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

(2) “Board” means the Land Use Review Board.

(3) “Department” means Department of Environmental Conservation.

(4) “Navigable water” or “navigable waters” means Lake Champlain, Lake Memphremagog, the Connecticut River, all natural inland lakes within Vermont and all streams, ponds, flowages, and other waters within the territorial limits of Vermont, including the Vermont portion of boundary waters, that are boatable under the laws of this State.

(5) “Public shorelands” means State-owned lands adjacent to navigable waters.

(6) “Public waters” means navigable waters excepting those waters in private ponds and private preserves as set forth in sections 5204, 5205, 5206, and 5210 of this title.

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

(8) “Shorelands” means the lands being between the normal mean water level of a lake, pond, or impoundment exceeding 20 acres and a line not less than 500 feet nor more than 1,000 feet from such mean water level.

(9) “Outstanding resource waters” mean waters of the State designated by the Secretary as having exceptional natural, recreational, cultural, or scenic values.

(10) “Buffer” means an undisturbed area consisting of trees, shrubs, ground cover plants, duff layer, and generally uneven ground surface that extends a specified distance horizontally across the surface of the land from the mean water level of an adjacent lake or from the top of the bank of an adjacent river or stream, as determined by the Secretary of Natural Resources.

(11) “Lake” means a body of standing water, including a pond or a reservoir, that may have natural or artificial water level control. Private ponds as defined under section 5210 of this title, and reservoirs specifically constructed for the following purposes shall not be considered lakes: snowmaking storage, golf course irrigation, stormwater management, and fire suppression.

(12) “River corridor” means the land area adjacent to a river that is required to accommodate the dimensions, slope, planform, and buffer of the naturally stable channel and that is necessary for the natural maintenance or natural restoration of dynamic equilibrium conditions and for minimization of fluvial erosion hazards, as delineated by the Agency of Natural Resources in accordance with river corridor protection procedures.

(13) “River” means the full length and width, including the bed and banks, of any watercourse, including rivers, streams, creeks, brooks, and branches, which experience perennial flow. “River” does not mean constructed drainageways, including water bars, swales, and roadside ditches.

(14) “Equilibrium condition” means the width, depth, meander pattern, and longitudinal slope of a stream channel that occurs when water flow, sediment, and woody debris are transported by the stream in such a manner that it generally maintains dimensions, pattern, and slope without unnaturally aggrading or degrading the channel bed elevation.

(15) “Flood hazard area” shall have the same meaning as “area of special flood hazard” under 44 C.F.R. § 59.1.

(16) “Fluvial erosion” means the erosion or scouring of riverbeds and banks during high flow conditions of a river.

(17) “Geomorphic condition” means the degree of departure from the dimensions, pattern, and profile associated with a naturally stable channel representing the unique dynamic equilibrium condition of a river segment.

(18) “Infrastructure” means public and private buildings, roads, and public works, including public and private buildings; State and municipal highways and roads; bridges; sidewalks and other traffic enhancements; culverts; private roads; public and private utility construction, State and municipal public works, cemeteries, and public parks and fields.

(19) “River corridor protection area” means the area within a delineated river corridor subject to fluvial erosion that may occur as a river establishes and maintains the dimension, pattern, and profile associated with its dynamic equilibrium condition and that would represent a hazard to life, property, and infrastructure placed within the area.

(20) “Sensitivity” means the potential of a river, given its inherent characteristics and present geomorphic conditions, to be subject to a high rate of fluvial erosion and other river channel adjustments, including erosion, deposit of sediment, and flooding.
10 V.S.A. § 7065 — VT Code / Title 10 / Chapter 162 / Section 7065
§ 7065. Compact responsibilities
Status: repealed

(a) For low-level radioactive waste, to the extent necessary to meet the requirements of the Texas Low-Level Radioactive Waste Disposal Compact, the Secretary of Natural Resources shall do the following:

(1) develop and enforce procedures for packaging, processing, and waste form specifications for low-level radioactive waste shipments to the compact facility;

(2) develop and enforce procedures for minimization of the volume of low-level radioactive waste generated;

(3) by no later than 180 days after the effective date of this chapter, establish the annual projected volume of low-level radioactive waste from each generator in Vermont to be disposed in the Compact facility for the years 1995-2045, to determine compliance with section 3.04(11) of the Compact agreement;

(4) collect, compile, and distribute data and information required under this section.

(b) For low-level radioactive waste, as part of its present responsibilities under 18 V.S.A. chapter 32, the Commissioner of Health shall do the following:

(1) maintain a registry of all generators of low-level radioactive waste within the State, including the amount and class of low-level radioactive waste generated by each generator;

(2) maintain an accounting of waste shipped and proposed to be shipped to the Compact facility by volume and curies, proposed transportation methods and routes, and proposed shipment schedules.

(c) The Secretary of Natural Resources may do the following:

(1) develop and enforce procedures for reports and manifests from generators of low-level radioactive waste within the State concerning the quantities, concentrations, and characteristics of waste generated and shipped; proposed transportation methods and routes; proposed shipment schedules; expected generation rates; packaging; and storage conditions and any other information reasonably necessary for the Agency and the Commission member to carry out their responsibilities;

(2) adopt rules under 3 V.S.A. chapter 25 for fulfilling the State responsibilities identified in this section and any other responsibilities established in the Compact for low-level radioactive waste.

(d) [Repealed.]
10APPENDIX V.S.A. § 119 — VT Code / Title 10APPENDIX / Chapter 2 / Section 119
App. § 119. Filleting fish
Status: in_force

No species of fish that has a length limit restriction shall be filleted or altered to restrict the determination of length while on any body of water, except as follows:

If fish are to be consumed or filleted on the water, the fillets may be removed, but the head, vertebrae, and tail must be retained and remain intact to determine legal length.
10 V.S.A. § 6675 — VT Code / Title 10 / Chapter 159 / Section 6675
§ 6675. Agency responsibility
Status: in_force

(a)(1) Within 90 days after receipt of a plan submitted under section 6673 of this title, the Secretary shall review the plan and make a determination whether or not to approve the plan. The Secretary shall issue a letter of approval for a submitted plan if:

(A) the submitted plan provides for the establishment of a Paint Product Stewardship Program that meets the requirements of subsection 6673(a) of this subchapter; and

(B) the Secretary determines that the plan:

(i) achieves convenient collection for consumers;

(ii) educates the public on proper paint product management; and

(iii) manages waste paint products in a manner that is environmentally safe and promotes reuse and recycling.

(2) If the Secretary does not approve a submitted plan, the Secretary shall issue to the paint product stewardship organization a letter listing the reasons for the disapproval of the plan. If the Secretary disapproves a plan, a paint product stewardship organization intending to sell or continue to sell paint products in the State shall submit a new plan within 60 days after receipt of the letter of disapproval.

(b) Facilities solely collecting paint products for the Paint Product Stewardship Program that would not otherwise be subject to solid waste certification requirements shall not be required to obtain a solid waste certification. Persons solely transporting paint for the Paint Product Stewardship Program that would not otherwise be subject to solid waste hauler permitting requirements shall not be required to obtain a solid waste hauler's permit.
10APPENDIX V.S.A. § 18 — VT Code / Title 10APPENDIX / Chapter 1 / Section 18
App. § 18. Governing the importation and possession of wild animals, excluding fish
Status: in_force

1.0 Authority.

1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a) and (b) which authorizes the Board to carry out the purposes of protecting the State's wildlife, and 10 V.S.A. § 4709 which regulates the importation and possession of wild birds and animals in the State and establishes a permit application fee, and 10 V.S.A. § 4152 establishes scientific and education collection permits.

2.0 Purpose.

2.1 It is the purpose of this regulation to carry out the mandate of the Vermont General Assembly to control through a permit program the importation and possession of wild animals in Vermont as provided in 10 V.S.A. § 4709. It is the purpose of this statute and its regulations to protect the health, safety and welfare of animals, both wild and domestic, to prevent damage to agriculture and livestock, and to protect the health, safety and welfare of human inhabitants of the State of Vermont.

3.0 Definitions.

3.1 (Wild Animals or Wildlife) — All animals, including mammals, birds, amphibians and reptiles, excluding fish and those animals defined by the Secretary of Agriculture, Food and Markets by rule as pets and those defined as domestic under paragraph 3.2 of this rule. Included in this definition is any part, product, egg, offspring, dead body, or part of the dead body of any such wildlife. Wildlife includes all subspecies of wildlife and any other group of wildlife of the same species, the members of which may interbreed when mature, including any hybrid species except wolf-hybrids. Wild animals taken or possessed, or reared in captivity remain wild animals and are not domestic or tame animals.

3.2 (Domestic Birds and Animals) — The Department shall provide a list of domestic animals and shall update the list as needed, adding or deleting animals as necessary. The list shall be available on the Department's web site, from the Department's headquarters and from the Department's district offices. The list shall also be made available to the media as much as practicably possible to provide maximum notice to the public.

3.3 (Board) — Vermont Fish and Wildlife Board

3.4 (Department) — Vermont Fish and Wildlife Department

3.5 (Commercial) — To sell, have sold, or offer for sale as defined in 10 V.S.A. § 4001(22); barter, exchange and offering or exposing for sale; and possession with the intent to sell, import, or export.

3.6 (Commissioner) — Fish and Wildlife Department Commissioner as defined in 10 V.S.A. § 4001(27).

3.7 (Dealer) — Any person, who commercially buys or sells any wild animal, as defined in 3.5.

3.8 (Unrestricted Wild Animals) — Those species determined not to conflict with the purposes of this regulation.

3.9 (Native Wildlife) — Native to the State of Vermont, either historically or at present.

4.0 Importation or possession of wild animals.

4.1 Except as otherwise provided by law, it is unlawful for any person to bring into or possess in the State of Vermont any live wild animal, or live ovum or semen thereof, of any kind, unless upon application in writing, the person obtains from the Commissioner a permit to do so; or the species of animal, ovum, or semen is listed as a domestic bird or animal, domestic pet, or unrestricted wild animal.

4.2 The importation and possession of dead wild animals, in accordance with all laws and regulations applicable in Vermont or the place of origin, for personal use are exempt from this regulation.

4.3 The importation, possession and regulation of pests and beneficial organisms regulated by the Secretary of Agriculture, Food and Markets is exempt from this regulation.

5.0 Permits.

5.1 Dealer's Permit.

All commercial dealers in Vermont, including, but not limited to pet shop owners, persons raising frogs for sale as institutional experimental animals, and all persons who import, export, and/or sell wild birds and animals must first obtain a valid Dealer's Permit from the Department.

(a) Except as provided herein, the Commissioner shall not issue a permit for the keeping or possession of any wild animal in captivity, except for bona fide scientific or educational purposes as permitted by (10 V.S.A. § 4152).

(b) For purposes other than importation and possession for bona fide research and educational purposes, the Commissioner shall not issue a permit unless it has been determined that the wild animal or wildlife proposed to be brought into or possessed in the State does not conflict with the purpose of this regulation. The Commissioner shall establish a list of Unrestricted Wild Animals that do not conflict with the purpose of this regulation, are commonly sold in the pet trade, and do not require an Importation and Possession Permit from the Department.

(c) The Unrestricted Wild Animals List will consist of those species that are determined to be no threat to the State's native wildlife, minimal threat to human health and safety, and suitable as pets for the residents of the State. This list is expected to be revised periodically by the Commissioner depending on recent pet trade trends, disease, and health issues. The list shall be posted on the Department website and made available at the Department's central and district offices.

In accordance with 10 V.S.A. § 4152, the Commissioner may issue permits to collect birds, their nests and eggs and wild animals, or their parts thereof, for public scientific research, educational purposes, art, or photography.

Any person who collects any wild animal within the boundaries of the State of Vermont and sells said wild animal must obtain a Commercial Collection Permit from the Department.

Any person importing or possessing any wild animal for the purposes of temporary exhibition must obtain from the Commissioner a permit to do so; unless the species is listed as a domestic bird or animal, domestic pet, or unrestricted wild animal.

Any person breeding and propagating wild birds and animals in accordance with 10 V.S.A. § 5207 must obtain from the Commissioner a license to do so; unless the species is listed as a domestic bird or animal, domestic pet, or unrestricted wild animal.

6.0 Permit Application.

6.1 Applications for a permit for importation and possession, scientific and educational collection, commercial collection, temporary exhibition, or propagation must be complete and submitted to the Department on an application form to be provided by the Department. For an application to be complete, it must be legible, must contain all of the information requested by the Department, shall contain no false statements, must bear the applicant's official signature, and must be accompanied by the required application fee.

7.0 Facilities.

7.1 Any person permitted to import, possess, or collect wild animals shall provide adequate facilities as required by the Commissioner. Conditions may be imposed that require specific conditions for captivity or exposure to humans (e.g., prohibit the touching of wild animals by any person other than the permit holder).

8.0 Inspections.

8.1 Persons holding a permit for dealer, importation and possession, scientific and educational collection, commercial collection, or temporary exhibition shall allow inspection at reasonable times of their premises, facilities, records and wild animals by a State Game Warden, or other Department representative.

8.2 If upon inspection, a wild animal is not being kept as required by the conditions of the permit, or the presence of disease has been determined, destruction of the wild animal may be required by the Commissioner.

9.0 Violations.

9.1 Any wild animal that is taken, imported or possessed in violation of this regulation, or is kept in violation of any permit issued may be confiscated and disposed of in accordance with 10 V.S.A. § 4513. Permit violations and violations of Part 4 of Title 10 may result in the revocation of the permit.
10 V.S.A. § 8012 — VT Code / Title 10 / Chapter 201 / Section 8012
§ 8012. Request for hearing
Status: in_force

(a) A respondent or the Attorney General may request a hearing on an order issued by the Secretary. Notice of a request for hearing shall be filed with the Environmental Division and the Secretary. Upon receipt of the notice, the Secretary shall forward a copy of the order to the Environmental Division.

(b) The Environmental Division shall have authority to:

(1) Determine whether a violation has occurred. An order shall be reversed when it is determined that a violation has not occurred.

(2) Affirm or vacate and remand to the Secretary an order issued under subdivision 8008(b)(5) of this title. The Environmental Division shall vacate and remand an order under this subdivision when a violation is found to exist but the procedure contained in the order is insufficient to carry out the purposes of this chapter.

(3) Affirm, modify, or reverse any provision of any order issued by the Secretary except those identified by subdivision (2) of this subsection. In deciding whether to affirm or reverse a stop work order under this subdivision, the Environmental Division shall consider the economic effect of the order on individuals other than the respondent.

(4) Review and determine anew the amount of a penalty by applying the criteria set forth in subsections 8010(b) and (c) of this title.

(5) Affirm, modify, or dissolve an emergency order.

(c) Notice of the request for hearing shall be filed within 15 days of receipt of the order. The hearing shall be held before the Environmental Division within 30 days of receipt by the Division of the notice, unless continued for good cause. The Environmental Division shall issue a written decision within 20 days of the conclusion of the hearing, and no later than 60 days from the request for hearing, unless the hearing process is extended for good cause. The decision shall be sent to the parties by certified mail, return receipt requested, and shall include:

(1) a statement of conclusion as to whether a violation exists and findings of facts in support of the conclusion;

(2) identification of the applicable statute, rule, permit, assurance, or order;

(3) the order to be imposed or penalty to be assessed, or both, if a violation is determined to exist;

(4) a statement that the respondent, the Secretary, and the Attorney General have a right to appeal the decision, and a description of the procedures for requesting an appeal; and

(5) a warning that the decision will become final if no appeal is requested within 10 days of the date the decision is received.

(d) Notice of a request for hearing shall stay the order and payment of the penalty, if imposed, pending the hearing. The Secretary may issue an emergency order with regard to the alleged violation that is the subject of the hearing, if grounds for such an order develop during the hearing process.

(e) Any claim a person may have under a private right of action that is not determined in a proceeding under this chapter shall be preserved.
10 V.S.A. § 482 — VT Code / Title 10 / Chapter 21 / Section 482
§ 482. Legislative findings
Status: in_force

The General Assembly of the State of Vermont makes the following findings of fact:

(1) A large and increasing number of tourists has been coming to Vermont, and as a result the tourist industry is one of the largest sources of income for Vermonters, with an increasing number of persons directly or indirectly dependent upon the tourist industry for their livelihood.

(2) Very few convenient facilities and coordinated means exist in the State to provide information on available public accommodations, commercial services for the traveling public and other lawful businesses, and points of scenic, historic, cultural, educational, and religious interest. Provision of those facilities can be a major factor in encouraging the development of the tourist industry in Vermont.

(3) Scenic resources of great value are distributed throughout the State, and have contributed greatly to its economic development, by attracting tourists, permanent and part-time residents, and new industries and cultural facilities.

(4) The scattering of outdoor advertising throughout the State is detrimental to the preservation of those scenic resources, and so to the economic base of the State, and is also not an effective method of providing information to tourists about available facilities.

(5) The proliferation of outdoor advertising is hazardous to highway users.
10 V.S.A. § 6309 — VT Code / Title 10 / Chapter 155 / Section 6309
§ 6309. Agency of Agriculture, Food and Markets; leases
Status: in_force

In the event that real property acquired by the Agency of Agriculture, Food and Markets is leased to a lessee other than a governmental entity of the State of Vermont, the lessee shall be taxed on the fair market value or the use value under the provisions of 32 V.S.A. chapter 124 of the property by the municipality in which it is located.
10 V.S.A. § 6088 — VT Code / Title 10 / Chapter 151 / Section 6088
§ 6088. Burden of proof
Status: in_force

(a) The burden shall be on the applicant with respect to subdivisions 6086(a)(1), (2), (3), (4), (9), and (10) of this title.

(b) The burden shall be on any party opposing the applicant with respect to subdivisions 6086(a)(5) through (8) of this title to show an unreasonable or adverse effect.
10 V.S.A. § 8504 — VT Code / Title 10 / Chapter 220 / Section 8504
§ 8504. Appeals to the Environmental Division
Status: in_force

(a) Act 250 and Agency appeals. Within 30 days of the date of the act or decision, any person aggrieved by an act or decision of the Secretary, a District Commission, or a district coordinator under the provisions of law listed in section 8503 of this title, or any party by right, may appeal to the Environmental Division, except for an act or decision of the Secretary under subdivision 6086b(3)(E) of this title or governed by section 8506 of this title.

(b) Planning and zoning chapter appeals.

(1) Within 30 days of the date of the act or decision, an interested person, as defined in 24 V.S.A. § 4465, who has participated as defined in 24 V.S.A. § 4471 in the municipal regulatory proceeding under that chapter may appeal to the Environmental Division an act or decision made under that chapter by a board of adjustment, a planning commission, or a development review board; provided, however, that decisions of a development review board under 24 V.S.A. § 4420 with respect to local Act 250 review of municipal impacts are not subject to appeal but shall serve as presumptions under chapter 151 of this title.

(2) Notwithstanding subdivision (1) of this subsection, an interested person may appeal an act or decision under 24 V.S.A. chapter 117 if the Environmental judge determines that:

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

(B) the decision being appealed is the grant or denial of interested person status; or

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

(c) Notice of the filing of an appeal.

(1) Upon filing an appeal from an act or decision of the District Commission, the appellant shall notify all parties who had party status as of the end of the District Commission proceeding, all friends of the Commission, and the Land Use Review Board that an appeal is being filed. In addition, the appellant shall publish notice not more than 10 days after providing notice as required under this subsection, at the appellant's expense, in a newspaper of general circulation in the area of the project that is the subject of the decision.

(2) Upon the filing of an appeal from the act or decision of the Secretary under the provisions of law listed in section 8503 of this title, the appellant shall provide notice of the filing of an appeal to the following persons: the applicant before the Agency of Natural Resources, if other than the appellant; the owner of the land where the project is located if the applicant is not the owner; the municipality in which the project is located; the municipal and regional planning commissions for the municipality in which the project is located; if the project site is located on a boundary, any adjacent Vermont municipality and the municipal and regional planning commissions for that municipality; any State agency affected; the solid waste management district in which the project is located, if the project constitutes a facility pursuant to subdivision 6602(10) of this title; all persons required to receive notice of receipt of an application or notice of the issuance of a draft permit; and all persons on any mailing list for the decision involved. In addition, the appellant shall publish notice not more than 10 days after providing notice as required under this subsection, at the appellant's expense, in a newspaper of general circulation in the area of the project that is the subject of the decision.

(3) In the case of appeals under 24 V.S.A. chapter 117, notice shall be as required under 24 V.S.A. § 4471.

(d) Requirement to participate before the District Commission or the Secretary.

(1) Participation before District Commission. An aggrieved person shall not appeal an act or decision that was made by a District Commission unless the person was granted party status by the District Commission pursuant to subdivision 6085(c)(1)(E) of this title, participated in the proceedings before the District Commission, and retained party status at the end of the District Commission proceedings. In addition, the person may only appeal those issues under the criteria with respect to which the person was granted party status. However, notwithstanding these limitations, an aggrieved person may appeal an act or decision of the District Commission if the Environmental judge determines that:

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

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

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

(2) Participation before the Secretary.

(A) An aggrieved person shall not appeal an act or decision of the Secretary unless the person submitted to the Secretary a written comment during the comment period or an oral comment at the public meeting conducted by the Secretary. In addition, the person may only appeal issues related to the person's comment to the Secretary.

(i) To be sufficient for the purpose of appeal, a comment to the Secretary shall identify each reasonably ascertainable issue with enough particularity so that a meaningful response can be provided.

(ii) The appellant shall identify each comment that the appellant submitted to the Secretary that identifies or relates to an issue raised in his or her appeal.

(iii) A person moving to dismiss an appeal or an issue raised by an appeal pursuant to this subdivision (A) shall have the burden to prove that the requirements of this subdivision (A) are not satisfied.

(B) Notwithstanding the limitations of subdivision (2)(A) of this subsection, an aggrieved person may appeal an act or decision of the Secretary if the Environmental judge determines that:

(i) there was a procedural defect that prevented the person from commenting during the comment period or at the public meeting or otherwise participating in the proceeding;

(ii) the Secretary did not conduct a comment period and did not hold a public meeting;

(iii) the person demonstrates that an issue was not reasonably ascertainable during the review of an application or other request that led to the Secretary's act or decision; or

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

(e) Act 250 jurisdictional determinations by a district coordinator.

(1) The appellant shall provide notice of the filing of an appeal to each person entitled to notice under subdivisions 6085(c)(1)(A) through (D) of this title, to each person on an approved subdivision 6085(c)(1)(E) list, and to the Land Use Review Board.

(2) Failure to appeal within the time required under subsection (a) of this section shall render the decision of the district coordinator under subsection 6007(c) of this title the final determination regarding jurisdiction under chapter 151 of this title unless the underlying jurisdictional opinion was not properly served on persons listed in subdivisions 6085(c)(1)(A) through (D) of this title and on persons on a subdivision 6085(c)(1)(E) list approved under subsection 6007(c) of this title.

(f) Stays.

(1) The filing of an appeal shall automatically stay the act or decision in the following situations:

(A) acts or decisions involving stream alteration permits or shoreline encroachment permits issued by the Secretary;

(B) the denial of interested person status by a board of adjustment, planning commission, or development review board.

(2) Upon petition by a party or upon its own motion for a stay of an act or decision, the Environmental Division shall perform the initial review of the request and may grant a stay. Any decision under this subsection to issue a stay shall be subject to appeal to the Supreme Court according to the Rules of Appellate Procedure.

(g) Consolidated appeals. The Environmental Division may consolidate or coordinate different appeals where those appeals all relate to the same project.

(h) De novo hearing. The Environmental Division, applying the substantive standards that were applicable before the tribunal appealed from, shall hold a de novo hearing on those issues that have been appealed, except in the case of:

(1) a decision being appealed on the record pursuant to 24 V.S.A. chapter 117;

(2) a decision of the Commissioner of Forests, Parks and Recreation under section 2625 of this title being appealed on the record, in which case the court shall affirm the decision, unless it finds that the Commissioner did not have reasonable grounds on which to base the decision.

(i) Deference to Agency technical determinations. In the adjudication of appeals relating to land use permits under chapter 151 of this title, technical determinations of the Secretary shall be accorded the same deference as they are accorded by a District Commission under subsection 6086(d) of this title.

(j) Appeals of authorizations or coverage under a general permit. Any appeal of an authorization or coverage under the terms of a general permit shall be limited in scope to whether the permitted activity complies with the terms and conditions of the general permit.

(k) Limitations on appeals. Notwithstanding any other provision of this section:

(1) there shall be no appeal from a District Commission decision when the Commission has issued a permit and no hearing was requested or held, or no motion to alter was filed following the issuance of an administrative amendment;

(2) a municipal decision regarding whether a particular application qualifies for a recorded hearing under 24 V.S.A. § 4471(b) shall not be subject to appeal;

(3) if a District Commission issues a partial decision under subsection 6086(b) of this title, any appeal of that decision must be taken within 30 days following the date of that decision; and

(4) it shall be the goal of the Environmental Division to issue a decision on a case regarding an appeal of an appropriate municipal panel decision under 24 V.S.A. chapter 117 within 90 days following the close of the hearing.

(l) Representation. The Secretary may represent the Agency of Natural Resources in all appeals under this section. The Chair of the Land Use Review Board may represent the Board in any appeal under this section, unless the Board directs otherwise. If more than one State agency, other than the Board, either appeals or seeks to intervene in an appeal under this section, only the Attorney General may represent the interests of those agencies of the State in the appeal.

(m) Precedent. Prior decisions of the Environmental Board, Water Resources Board, and Waste Facilities Panel shall be given the same weight and consideration as prior decisions of the Environmental Division.

(n) Intervention. Any person may intervene in a pending appeal if that person:

(1) appeared as a party in the action appealed from and retained party status;

(2) is a party by right;

(3) is the Land Use Review Board;

(4) is a person aggrieved, as defined in this chapter;

(5) qualifies as an “interested person,” as established in 24 V.S.A. § 4465, with respect to appeals under 24 V.S.A. chapter 117; or

(6) meets the standard for intervention established in the Vermont Rules of Civil Procedure.

(o) With respect to review of an act or decision of the Secretary pursuant to 3 V.S.A. § 2809, the Division may reverse the act or decision or amend an allocation of costs to an applicant only if the Division determines that the act, decision, or allocation was arbitrary, capricious, or an abuse of discretion. In the absence of such a determination, the Division shall require the applicant to pay the Secretary all costs assessed pursuant to 3 V.S.A. § 2809.

(p) Administrative record. The Secretary shall certify the administrative record as defined in chapter 170 of this title and shall transfer a certified copy of that record to the Environmental Division when:

(1) there is an appeal of an act or decision of the Secretary that is based on that record; or

(2) there is an appeal of a decision of a District Commission, and the applicant used a decision of the Secretary based on that record to create a presumption under a criterion of subsection 6086(a) of this title that is at issue in the appeal.

(q) Amicus curiae. Notwithstanding the hearing of an appeal as de novo, any judge presiding over appeals from chapter 151 of this title and Agency permits pursuant to subsection (a) of this section may allow participation in such appeals by amicus curiae following the Rules of Appellate Procedure Rule 29.
10 V.S.A. § 7711 — VT Code / Title 10 / Chapter 170 / Section 7711
§ 7711. Permit procedures; standard provisions
Status: in_force

(a) Notice through the environmental notice bulletin. When this chapter requires notice through the environmental notice bulletin:

(1) The bulletin shall generate and send an e-mail to notify:

(A) each person requiring notice under section 7712 of this chapter;

(B) the applicant;

(C) each person on an interested persons list;

(D) each municipality in which the activity to be permitted is located, except for notice of a draft or final general permit; and

(E) each other person to whom this chapter directs that a particular notice be provided through the bulletin.

(2) At a minimum, each notice generated by the bulletin shall contain:

(A) the name and contact information for the person at the Agency processing the permit;

(B) the name and address of the permit applicant, if applicable;

(C) the name and address of the facility or activity to be permitted, if applicable;

(D) a brief description of the activity for which the permit would be issued;

(E) the length of the period for submitting written comments and the process for submitting those comments, if applicable, and notice of the requirements regarding submission of comments during that period or at a public meeting in order to appeal under chapter 220 of this title;

(F) the process for requesting a public meeting, if applicable;

(G) when a public meeting has been scheduled, the time, date, and location of the meeting and a brief description of the nature and purpose of the meeting;

(H) when issued, the draft permit or notice of intent to deny a permit, and the period and process for submitting written comments on that draft permit or notice;

(I) when issued, the final decision issuing or denying a permit, and the process for appealing the decision; and

(J) any other information that this chapter directs be included in a particular notice to be generated by the bulletin.

(3) The environmental notice bulletin shall provide notice by mail as required by 3 V.S.A. § 2826.

(b) Notice to adjoining property owners. When this chapter requires notice of an application to adjoining property owners, the applicant shall provide notice of the application by U.S. mail to all adjoining property owners, on a form developed by the Secretary, at the time the application is submitted to the Secretary. The form shall state how the property owners can continue to receive notices and information concerning the project as it is reviewed by the Secretary. The applicant shall provide a signed certification to the Secretary that all adjoining property owners have been notified of the application. However, if the applicant has provided written notice to adjoining property owners as part of the preapplication engagement process for complex projects under rules adopted in accordance with subsection 7703(a) of this title, then instead of the written notice required of the applicant by this subsection, the Department shall provide notice of the application through the environmental notice bulletin to those adjoining property owners who have requested notice.

(c) Comment period length. When this chapter requires the Secretary to provide a public comment period, the length of the period shall be at least 30 days, unless this chapter applies a different period for submitting comments on the particular type of permit.

(d) Period to request a public meeting. When this chapter allows a person to request a public meeting on a draft decision, the person shall submit the request within 14 days of the date on which notice of the draft decision is posted to the environmental notice bulletin, unless this chapter specifies a different period for requesting a hearing on the particular type of permit.

(e) Public meeting; notice; additional comment period. When the Secretary holds a public meeting under this chapter:

(1) The Secretary shall:

(A) provide at least 14 days' prior notice of the public meeting through the environmental notice bulletin, unless this chapter specifies a different notice period for a public meeting on the particular type of permit;

(B) include in the notice, in addition to the information required by subsection (a) of this section, the date the Secretary gave notice of an administratively complete application, if applicable; and

(C) hold the period for written comments open for at least seven days after the meeting.

(2) The applicant or applicant's representative and the Secretary or designee shall attend the meeting. The applicant shall cause to be present those professionals retained in the preparation of the application. At the meeting, the applicant and the Secretary each shall answer questions relevant to the application or draft decision to the best of their ability.

(f) Draft decisions. When this chapter requires the Secretary to post a draft decision or draft general permit to the environmental notice bulletin, the Secretary shall post to the bulletin the draft decision or draft general permit and all documents on which the Secretary relied in issuing the draft. This post shall include instructions on how to inspect and how to request a copy of each other document that is part of the administrative record of the draft decision or permit.

(g) Response to comments. When this chapter requires the Secretary to provide a response to comments, the Secretary shall provide a response to each comment received during the comment period and the basis for the response. The Secretary also shall specify each provision of the draft decision that has been changed in the final decision and the reasons for each change. The Secretary shall post the response to comments to the environmental notice bulletin and send it to all commenters.

(h) Final decisions; content; notice.

(1) The Secretary's final decision on an application for a permit or on the issuance of a general permit shall include a concise statement of the facts and analysis supporting the decision that is sufficient to apprise the reader of the decision's factual and legal basis. The final decision also shall provide notice that it may be appealed and state the period for filing an appeal and how and where to file an appeal.

(2) When this chapter requires that the Secretary post a final decision to the environmental notice bulletin, the Secretary also shall send a copy of the final decision to all commenters.
10 V.S.A. § 7014 — VT Code / Title 10 / Chapter 161 / Section 7014
§ 7014. Tax ramifications
Status: in_force

(a) All property and business of the Authority is devoted to an essential public and governmental function and purpose and is exempt from all taxes, franchise fees, and special assessments of whatever nature of the State or any subdivision of the State.

(b) The Authority annually shall pay a municipality, in which a disposal site is located, an amount in lieu of taxes equal to the amount of property tax that would be paid on such a disposal site by an owner subject to property tax.

(c) The Authority shall pay all applicable State and local permit fees, including any fees negotiated pursuant to subdivision 7012(f)(3) of this chapter.
10 V.S.A. § 6620 — VT Code / Title 10 / Chapter 159 / Section 6620
§ 6620. Permits issued by the Secretary related to solid waste facilities
Status: repealed

(a) The Secretary shall coordinate and administer the programs under the jurisdiction of the Agency of Natural Resources so that, to the extent possible, there is concurrent review, concurrent public participation, and concurrent permit issuances for waste management facilities. The Secretary shall assign a permit manager to handle all applications related to a particular waste management facility.

(b) [Repealed.]
10 V.S.A. § 569 — VT Code / Title 10 / Chapter 23 / Section 569
§ 569. Limitations
Status: in_force

Nothing in this chapter shall be construed to:

(1) Affect the relations between employers and employees with respect to or arising out of any condition of air contamination or air pollution.

(2) Supersede or limit the applicability of any law or ordinance relating to sanitation, industrial health, or safety.

(3) Grant to the Director any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works, or shops or private property appurtenant thereto.
10 V.S.A. § 6693 — VT Code / Title 10 / Chapter 159 / Section 6693
§ 6693. Recyclable paper carryout bag
Status: in_force

(a) A store or food service establishment may provide a consumer a recyclable paper carryout bag at the point of sale if the bag is provided to the consumer for a charge of not less than $0.10 per bag.

(b) All monies collected by a store or food service establishment under this section for provision of a recyclable paper carryout bag shall be retained by the store or food service establishment.
10 V.S.A. § 6106 — VT Code / Title 10 / Chapter 151 / Section 6106
§ 6106. Transportation impact fee; formula
Status: in_force

(a) When assessing a transportation impact fee to a land use project, the Secretary shall apply a formula that reflects the performance standards for the TID, and the District Commission shall apply a formula that reflects those performance standards or the mitigation that the Commission determines is required to address the transportation impacts of the development or subdivision. In either case, the formula shall account for each of the following:

(1) the vehicle trips generated by the land use project estimated pursuant to a generally accepted methodology;

(2) the capital costs of highway infrastructure, pedestrian and bicycle facilities, public transportation, and other transportation infrastructure that benefit or mitigate the transportation impacts of the land use project;

(3) conditions not attributable to the transportation impacts of the land use project including forecasted growth in background traffic and existing infrastructure and capacity deficiencies;

(4) the proportional share of the capital costs of transportation infrastructure that provides benefit to or is attributable to the transportation impacts of the land use project and determined pursuant to a reasonably accepted methodology; and

(5) other funding sources available to finance the capital transportation project.

(b) When determining a transportation impact fee under this section for a land use project, the Secretary or the District Commission may adjust the result of the formula to account for one or more of the following:

(1) a traffic allocation, if any, set for the land use project by a prior permit;

(2) the net change in vehicle trip generation of a proposed land use project considering pass-by-trips and the amount of traffic already generated by the tract of land on which the land use project is to be located;

(3) municipal traffic impact fees paid by the applicant to the extent that those fees fund improvements on which the transportation impact fee is based;

(4) the fair market value of dedications of land, interests in land, or transportation infrastructure improvements provided by the developer to mitigate offsite traffic impacts;

(5) TDM programs offered by the applicant that reduce vehicle trips; and

(6) the siting of a proposed land use project in a downtown, village center, new town center, growth center, Vermont neighborhood, or neighborhood development area designated under 24 V.S.A. chapter 76A.

(c) A transportation impact fee for one or more capital transportation projects in a TID shall not exceed the portion of the cost of each capital transportation project that is required to mitigate the transportation impacts of the land use project and shall not include costs attributable to the operation, administration, or maintenance of the capital transportation project.

(d) An applicant may choose to fund the entire cost of a capital transportation project. An applicant for a permit under this chapter who chooses to fund the entire cost of a capital transportation project may request and the District Commission may authorize reimbursement in accordance with subsection 6104(a) of this title.

(e) In assessing a transportation impact fee to an applicant under this subchapter, the Agency or District Commission shall require the applicant to pay the transportation impact fee prior to commencement of construction of the applicant's land use project and shall not require the applicant to delay commencement of construction of that project until construction of each capital transportation project for which the fee was assessed, unless the Agency or District Commission determines that the capital transportation project must first be built to address a transportation safety issue caused or exacerbated by the land use project. If a land use project is to be constructed in stages, the Agency or District Commission may approve payment of a proportionate amount of the fee prior to commencement of construction on each stage.
10 V.S.A. § 6301 — VT Code / Title 10 / Chapter 155 / Section 6301
§ 6301. Purpose
Status: in_force

It is the purpose of this chapter to encourage and assist the maintenance of the present uses of Vermont's agricultural, forest, and other undeveloped land and to prevent the accelerated residential and commercial development thereof; to preserve and to enhance Vermont's scenic natural resources; to strengthen the base of the recreation industry and to increase employment, income, business, and investment; to enable the citizens of Vermont to plan its orderly growth in the face of increasing development pressures in the interests of the public health, safety, and welfare; and to encourage the use of conservation and preservation tools to support farm, forest, and related enterprises, thereby strengthening Vermont's economy to improve the quality of life for Vermonters and to maintain the historic settlement pattern of compact village and urban centers separated by rural countryside.
10 V.S.A. § 6607a — VT Code / Title 10 / Chapter 159 / Section 6607a
§ 6607a. Waste transportation; commercial hauler permit requirement
Status: in_force

(a) A commercial hauler desiring to transport waste within the State shall apply to the Secretary for a permit to do so by submitting an application on a form prepared for this purpose by the Secretary and by submitting the disclosure statement described in section 6605f of this title. These permits shall have a duration of five years and shall be renewed annually. The application shall indicate the nature of the waste to be hauled. The Secretary may specify conditions that the Secretary deems necessary to ensure compliance with State law.

(b) As used in this section:

(1) “Commercial hauler” means:

(A) any person that transports regulated quantities of hazardous waste; and

(B) any person that transports solid waste for compensation in a motor vehicle.

(2) The commercial hauler required to obtain a permit under this section is the legal or commercial entity that is transporting the waste, rather than the individual employees and subcontractors of the legal or commercial entity. In the case of a sole proprietorship, the sole proprietor is the commercial entity.

(3) The Secretary shall not require a commercial hauler to obtain a permit under this section, comply with the disclosure requirements of this section, comply with the reporting and registration requirements of section 6608 of this title, or pay the fee specified in 3 V.S.A. § 2822, if:

(A) the commercial hauler does not transport more than four cubic yards of solid waste at any time; and

(B) the solid waste transportation services performed are incidental to other nonwaste services performed by the commercial hauler.

(c) Wastes shall be subject to inspection, by an agent of the Secretary or any duly authorized law enforcement officer, during transportation or upon delivery to a facility, for compliance with the requirements of State law.

(d) It shall be unlawful for any person to operate a motor vehicle subject to the provisions of this section upon any public highway in the State without first obtaining the permit from the Secretary, or to so operate without having in the vehicle a permit issued under this section.

(e) A violation of this section shall be considered a traffic violation within the meaning of 23 V.S.A. chapter 24.

(f) Any person who violates any provision of this section shall be subject to a penalty of not more than $200.00 for a traffic violation. The penalties imposed by this subsection shall be in addition to other penalties imposed by this chapter.

(g)(1) Except as set forth in subdivisions (2), (3), and (4) of this subsection, a commercial hauler that offers the collection of municipal solid waste:

(A) Beginning on July 1, 2015, shall offer to collect mandated recyclables separate from other solid waste and deliver mandated recyclables to a facility maintained and operated for the management and recycling of mandated recyclables.

(B) Beginning on July 1, 2020, shall offer to nonresidential customers and apartment buildings with four or more residential units collection of food residuals separate from other solid waste and deliver to a location that manages food residuals in a manner consistent with the priority uses established under subdivisions 6605k(a)(2)-(5) of this title. Commercial haulers shall not be required to offer collection of food residuals if another commercial hauler provides collection services for food residuals in the same area and has sufficient capacity to provide service to all customers.

(2) In a municipality that has adopted a solid waste management ordinance addressing the collection of mandated recyclables or food residuals, a commercial hauler in that municipality is not required to comply with the requirements of subdivision (1) of this subsection and subsection (h) of this section for the material addressed by the ordinance if the ordinance:

(A) is applicable to all residents of the municipality;

(B) prohibits a resident from opting out of municipally provided solid waste services; and

(C) does not apply a variable rate for the collection for the material addressed by the ordinance.

(3) A commercial hauler is not required to comply with the requirements of subdivision (1)(A) or (B) of this subsection in a specified area within a municipality if:

(A) the Secretary has approved a solid waste implementation plan for the municipality;

(B) for purposes of waiver of the requirements of subdivision (1)(A) of this subsection (g), the Secretary determines that under the approved plan:

(i) the municipality is achieving the per capita disposal rate in the State Solid Waste Plan; and

(ii) the municipality demonstrates that its progress toward meeting the diversion goal in the State Solid Waste Plan is substantially equivalent to that of municipalities complying with the requirements of subdivision (1)(A) of this subsection (g);

(C) the approved plan delineates an area where solid waste management services required by subdivision (1)(A) or (B) of this subsection (g) are not required; and

(D) in the delineated area, alternatives to the services, including on-site management, required under subdivision (1)(A) or (B) of this subsection (g), are offered, the alternative services have capacity to serve the needs of all residents in the delineated area, and the alternative services are convenient to residents of the delineated area.

(4) A commercial hauler is not required to comply with the requirements of subdivision (1)(A) or (B) of this subsection for mandated recyclables or food residuals collected as part of a litter collection.

(h) A commercial hauler certified under this section that offers the collection of municipal solid waste may not charge a separate line item fee on a bill to a residential customer for the collection of mandated recyclables, provided that a commercial hauler may charge a fee for all service calls, stops, or collections at a residential property and a commercial hauler may charge a tiered or variable fee based on the size of the collection container provided to a residential customer or the amount of waste collected from a residential customer. A commercial hauler certified under this section may incorporate the cost of the collection of mandated recyclables into the cost of the collection of solid waste and may adjust the charge for the collection of solid waste. A commercial hauler certified under this section that offers the collection of solid waste may charge a separate fee for the collection of food residuals from a residential customer.

(i) A commercial hauler that operates a bag-drop or fast-trash site at a fixed location to collect municipal solid waste shall offer at the site all collection services required under 10 V.S.A. § 6605(j).
10 V.S.A. § 5003 — VT Code / Title 10 / Chapter 115 / Section 5003
§ 5003. Retrieving dogs; field trials
Status: in_force

The Commissioner may issue a license to any responsible person or field trial group to hold a field trial for retrieving dogs, or bird dogs, with game birds that have been propagated or legally acquired and released on the day of the trial on premises owned or controlled by the individual or group conducting the same, and shot for such purposes during daylight hours. Such trials shall be held under the supervision of the Department of Fish and Wildlife.
10 V.S.A. § 1929b — VT Code / Title 10 / Chapter 59 / Section 1929b
§ 1929b. Regulation of heating oil tanks at public buildings
Status: in_force

The Secretary shall establish tank registration requirements for underground storage tanks equal to or less than 1,100 gallons that are or have been used to contain fuel oil for on-premises heating purposes at a public building.
10 V.S.A. § 4659 — VT Code / Title 10 / Chapter 112 / Section 4659
§ 4659. Majority vote-Article VIII
Status: in_force

No action shall be taken by the Commission in regard to its general affairs except by affirmative vote of a majority of members present at any meeting. No recommendation or allotment of grant funds shall be made by the Commission except by the affirmative vote of a majority of the members.
10 V.S.A. § 1925 — VT Code / Title 10 / Chapter 59 / Section 1925
§ 1925. Notice in land records
Status: in_force

In order to make the information available to future purchasers, tank owners shall record the existence and location of underground storage tanks in local land records. The Secretary shall establish by rule the information to be recorded and the manner of recording.