10 V.S.A. § 702 — VT Code / Title 10 / Chapter 31 / Section 702
§ 702. Definitions
Status: in_force

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

(1) “Council” or “State Natural Resources Conservation Council” means the Agency created in section 703 of this title;

(2) “District” or “natural resources conservation district” means a corporate body and governmental subdivision organized in accordance with the provisions of this chapter;

(3) “Union” or “supervisory union” means the agency created in accordance with section 803 of this title;

(4) “Due notice” means notice published once a week for two consecutive weeks in a newspaper of general circulation within the proposed district, stating the time and place of such meeting and questions to be voted on, the last publication being not less than two days before such meeting, or ten days' notice by mail, postage prepaid, addressed to the owners of land within the proposed district, stating the time and place of such meeting and questions to be voted on;

(5) “Owner” means any person, firm, or corporation who shall hold title in fee to one or more acres of land lying within a district organized under the provisions of this chapter.
10 V.S.A. § 7101 — VT Code / Title 10 / Chapter 164 / Section 7101
§ 7101. Legislative findings
Status: in_force

The General Assembly finds and declares that:

(1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment and poses a serious threat to humans, particularly young children and the developing fetus, and wildlife.

(2) Recent EPA research concludes that 16 percent of American women of childbearing age have unsafe mercury blood levels and that the annual number of newborn infants at risk in the United States is 630,000.

(3) The primary means of human exposure to mercury is the consumption of contaminated fish and shellfish.

(4) Vermont and all other northeastern states have issued Statewide fish consumption mercury contamination advisories that recommend limiting or avoiding the consumption of certain freshwater fish caught locally.

(5) While the Vermont Departments of Environmental Conservation, Fish and Wildlife, and Health have undertaken a long-term collaboration to monitor and report on fish tissue mercury in Vermont waters, most lakes and streams remain untested. Of the 560 lakes and ponds tracked by the Department of Environmental Conservation, only 60 of the largest have been monitored for fish mercury. For inland lakes, this corresponds to 51 percent of the lake acreage in Vermont. Only 22 river or stream sites have been tested for fish mercury. This current monitoring approach is not designed to track changes in fish mercury over time in response to management actions and does not address mercury impacts on fish-eating wildlife.

(6) The U.S. Food and Drug Administration and the Vermont Department of Health recommend limiting the consumption of certain commercial saltwater fish, including canned tuna.

(7) Human exposure to mercury can result in nervous system, kidney, and liver damage and impaired childhood development.

(8) There has been a threefold increase in mercury loading to the environment over the past 150 years. Much of the mercury deposited from the atmosphere is from human and natural sources, but anthropogenic emissions exceed those that occur naturally.

(9) More than one-half of the mercury deposition is from out-of-region sources, with the largest being coal-burning power plants (utility boilers) and industrial boilers.

(10) While mercury-added switches have been eliminated from currently manufactured U.S. and foreign manufactured motor vehicles, mercury-added switches are still prevalent in end-of-life motor vehicles previously manufactured. Collection programs for these vehicle switches at end-of-life of the vehicle have proven to be a feasible method to reduce a significant source of mercury release to the region.

(11) Implementation of the 1998 New England Governors and Eastern Canadian Premiers Mercury Action Plan has led to a decrease in regional mercury emissions of more than 55 percent—primarily due to emissions controls on municipal combustors and medical waste incinerators, both of which burn discarded mercury-added products.

(12) The New England Governors and Eastern Canadian Premiers have set an interim goal in the Mercury Action Plan of 75 percent reduction in anthropogenic emissions by 2010. Achieving this goal will require further reduction measures from in-region combustion sources, such as power plants, industrial and commercial boilers, and sewage sludge incinerators, and will require reducing mercury releases that occur through disposal and breakage of products that contain mercury.

(13) Many of the states in the region, including Connecticut, Maine, New York, and Rhode Island, have adopted comprehensive mercury-added product legislation to identify and eliminate unnecessary uses of mercury.

(14) Significant use of mercury-added products occurs in health care facilities, schools, and dental practices, in all of which mercury use or release reduction is technically and economically feasible.

(15) The Mercury Task Force of the Conference of New England Governors and Eastern Canadian Premiers adopted a goal to reduce dental wastewater discharges of mercury by having 50 percent of dentists install amalgam separators in each state or jurisdiction by the end of 2005.

(16) In 1998, the Vermont General Assembly passed legislation requiring labeling of mercury-added products and banned the disposal of these labeled products in landfills. The Agency and municipal solid waste districts implemented numerous mercury education and reduction programs to reduce mercury use in products and to collect spent mercury-added products for proper recycling and disposal. Public education is essential to reducing improper disposal of spent mercury-added products.

(17) Vermont's mercury product legislation passed in 1998 does not comprehensively restrict the sale and use of mercury-added products.

(18) Studies conducted for the state of Maine show that mercury-free alternatives exist for a majority of the thousands of products containing mercury components. These products include thermometers, thermostats, flow meters, barometers, manometers, medical devices, and electrical switches and relays.

(19) Studies conducted for the state of Maine show that manufacturers are beginning to market mercury-free versions of all types of mercury-added button cell and other miniature batteries.

(20) Novelty products using mercury have been banned from sale in several states.

(21) All fluorescent lamps contain mercury and can create an immediate public health and environmental hazard when they accidentally break during installation, use, transportation, storage, recycling, or disposal. Light-emitting diode (LED) replacements for fluorescent lamps do not contain any mercury.

(22) Fluorescent lamps are no longer the most energy-efficient lighting option in the marketplace. Lamps that contain LEDs have advanced significantly and today use approximately half the electricity as fluorescent lamps to produce the same amount of light. LEDs also last two to three times longer than fluorescent lamps.

(23) Fluorescent lamps are no longer the least life-cycle cost (LLCC) option because they cost twice as much to operate compared to an LED. LED retrofit tubes are the LLCC, and they pay for the slightly higher first cost in a matter of one to eight months, depending on price and application. After paying back initial costs, the LED tubes continue to operate for years to come, saving consumers and businesses on their lighting bills.

(24) LED retrofit lamps are widely available in a comprehensive set of sizes, shapes, lengths, and light colors. There are over 10,000 models of four-foot LED retrofit tubes that can replace fluorescent T5, T8, and T12 in the Design Lights Consortium Qualified Product List database.

(25) Suppliers who sold fluorescent lamps in Vermont after July 1, 2012 made a profit from the sales of those lamps in the State, and they should remain responsible for ensuring the safe collection at the end-of-life of those lamps due to the toxic nature of the mercury contained in the products they sold.

(26) Citizens of Vermont, the Vermont environment, and the Agency will benefit from comprehensive mercury product legislation that further reduces mercury emissions and is consistent with model mercury product legislation developed jointly by the northeast states.
10 V.S.A. § 7050 — VT Code / Title 10 / Chapter 161 / Section 7050
§ 7050. Generator obligations
Status: in_force

In addition to any other obligation imposed by this chapter, any person who generates low-level radioactive waste in Vermont shall comply with the reporting and financial assurance requirements as established under section 7020 of this title.
10 V.S.A. § 1283 — VT Code / Title 10 / Chapter 47 / Section 1283
§ 1283. Contingency fund
Status: repealed

(a) The Environmental Contingency Fund is established within the control of the Secretary. Subject to the limitations contained in subsection (b) of this section, disbursements from the Fund may be made by the Secretary to undertake actions that the Secretary considers necessary to investigate or mitigate, or both, the effects of hazardous material releases to the environment.

(b) Disbursements under this subsection may be made for emergency purposes or to respond to other than emergency situations; provided, however, that disbursements in response to an individual situation that is not an emergency situation shall not exceed $350,000.00 for a response to a release of a hazardous material, unless the Secretary has received the approval of the General Assembly, or the Joint Fiscal Committee, in case the General Assembly is not in session. Furthermore, the balance in the Fund shall not be drawn below the amount of $100,000.00, except in emergency situations. If the balance of the Fund becomes insufficient to allow a proper response to one or more emergencies that have occurred, the Secretary shall appear before the Emergency Board, as soon as possible, and shall request that necessary funds be provided. Within these limitations, disbursements from the Fund may be made:

(1) to initiate spill control procedures, removal actions, and remedial actions to clean up spills of hazardous materials where the discharging party is unknown, cannot be contacted, is unwilling to take action, or does not take timely action that the Secretary considers necessary to mitigate the effects of the spill;

(2) to investigate an actual or threatened release to the environment of any pollutant or contaminant that may present an imminent and substantial danger to the public health and welfare or to the environment. The Secretary may use this Fund for those investigations necessary to:

(A) determine the magnitude and extent of the existing and potential public exposure and risk and environmental damage;

(B) determine appropriate remedial action to prevent or minimize the impact of such releases; or

(C) to prescribe other environmentally sound measures to protect the long-range public health and welfare or to ensure environmental protection, or to prescribe additional investigations to determine same;

(3) to take appropriate removal action to prevent or minimize the immediate impact of such releases to the public health and the environment;

(4) to take appropriate remedial action;

(5) to reimburse private persons or municipalities for expenditures made to provide alternative water supplies or to take other emergency measures deemed necessary by the Secretary, in consultation with the Commissioner of Health, to protect the public health from hazardous material. Reimbursement under this subdivision shall be pursuant to criteria adopted by rule of the Secretary and by rule of the Commissioner establishing, among other provisions, requirements that alternative sources of reimbursement are pursued in a diligent manner;

(6) to pay administrative and field supervision costs incurred by the Secretary or by a municipality at the direction of the Secretary in carrying out the provisions of this subchapter. Annual disbursements, for these costs, to the Department of Environmental Conservation under this subdivision shall not exceed 2.5 percent of annual revenues;

(7) to pay costs of management oversight provided by the State for investigation and cleanup efforts conducted by voluntary responsible parties;

(8) to pay costs of emergency response operations and equipment in the spill response program;

(9) to pay costs of required capital contributions and operation and maintenance when the remedial or response action was taken pursuant to 42 U.S.C. § 9601 et seq.;

(10) to pay the costs of oversight or conducting assessment of a natural resource damaged by the release of a hazardous material and being assessed for damages pursuant to section 6615d of this title; or

(11) to pay the costs of oversight or conducting restoration or rehabilitation to a natural resource damaged by the release of a hazardous material and being restored or rehabilitated pursuant to section 6615d of this title.

(c) The Secretary may bring an action under this section or other available State and federal laws to enforce the obligation to repay the Fund. To the extent compatible with the urgency of the situation, the Secretary shall provide an opportunity for the responsible party or parties to undertake the investigations, removal, and remedial actions under the direction of the Secretary.

(d), (e) [Repealed.]

(f) Except as provided in subsection 6618(a) of this title, revenues under the hazardous waste tax established under 32 V.S.A. chapter 237 shall be deposited in the Environmental Contingency Fund. The Secretary may reimburse the Fund with funds received from the U.S. Pollution Prevention Revolving Fund authorized by subsection (k) of section 311 of Public Law 92-500, as amended, codified in 1979 as 33 U.S.C. § 1321(k). Monies may be accepted by the Secretary under written agreements with responsible parties for release site cleanup to provide administrative, technical, and management oversight.

(g) For purposes of this section:

(1) “Emergency” means any release or threatened release of hazardous materials that causes or may cause an immediate and significant risk of harm to human life, health, or to the environment.

(2)(A) “Hazardous material” means all petroleum and toxic, corrosive, or other chemicals and related sludge included in any of the following:

(i) any substance defined in section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980;

(ii) petroleum, including crude oil or any fraction thereof; or

(iii) hazardous waste, as determined under subdivision 6602(4) of this title.

(B) “Hazardous material” does not include herbicides and pesticides when applied in a manner consistent with good practice conducted in conformity with federal, State, and local laws and regulations and according to manufacturers' instructions. Nothing in this subdivision shall affect the authority granted and the limitations imposed by section 6608a of this title.

(3) “Release” means any intentional or unintentional action or omission resulting in the spilling, leaking, pumping, pouring, emitting, emptying, dumping, or disposing of hazardous materials into the surface or groundwaters, or onto the lands in the State, or into waters outside the jurisdiction of the State when damage may result to the public health, lands, waters, or natural resources within the jurisdiction of the State. “Release” also means the intentional or unintentional action or omission resulting in the spilling, leaking, emission, or disposal of polychlorinated biphenyls (PCBs) from building materials in public schools and approved and recognized independent schools, as those terms are defined in 16 V.S.A. § 11, that were constructed or renovated before 1980.

(4) “Remedial action” means those actions consistent with a permanent remedy taken instead of or in addition to removal actions in the event of the improper release or threat of release of a hazardous material into the environment, to prevent or minimize the release of hazardous materials so that they do not migrate or cause substantial danger to present or future public health or welfare or the environment.

(5) “Removal action” means the cleanup or removal of released hazardous materials from the environment and such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the environment that may result from the improper release or threat of release of hazardous materials.

(h) Receipts from the Redevelopment of Contaminated Properties Program, established under section 6615a of this title, shall be deposited into a separate account of the Fund, named the redevelopment of contaminated properties account.
10 V.S.A. § 4151 — VT Code / Title 10 / Chapter 103 / Section 4151
§ 4151. Bulletins regarding birds; lectures
Status: in_force

The Ornithologist or his or her assistants may prepare bulletins regarding the birds of the State, means of protecting them, the methods of protecting crops from birds and other economic matters relating to birds, and the same may be published. The Ornithologist or his or her assistants may deliver public lectures and addresses; provided, however, that all necessary expenses incident thereto are met by those requesting such services.
10 V.S.A. § 669h — VT Code / Title 10 / Chapter 27 / Section 669h
§ 669h. Delegation of authority
Status: in_force

The Secretary may designate any officer or employee of the Agency to carry out his or her powers and duties under this chapter.
10 V.S.A. § 1418 — VT Code / Title 10 / Chapter 48 / Section 1418
§ 1418. Groundwater withdrawal permit
Status: repealed

(a)(1) On and after July 1, 2010, no person, for commercial or industrial uses, shall make a new or increased groundwater withdrawal of more than 57,600 gallons a day from any well or spring on a single tract of land or at a place of business without first receiving from the Secretary of Natural Resources a groundwater withdrawal permit. The following shall constitute a “new or increased withdrawal”:

(A) the expansion of any existing withdrawal through:

(i) additional withdrawal from one or more new wells or springs; or

(ii) an increase in the rate of withdrawal from a well or spring above the maximum rate set forth in any existing permit issued by the Secretary of Natural Resources under this section; or

(B) for previously unpermitted withdrawals, an increase in the rate of withdrawal after July 1, 2010 from a well or spring on a single tract of land or at a place of business of 25 percent of the baseline withdrawal or an increase of 57,600 gallons of groundwater withdrawn, whichever is smaller.

(2) For the purposes of this subsection, the baseline withdrawal shall be the highest amount withdrawn by a person between 2005 and 2010.

(b) The following are exempt from the permitting requirements of this section:

(1) a groundwater withdrawal for fire suppression or other public emergency purpose;

(2) domestic, residential use;

(3) groundwater withdrawal for farming;

(4) dairy processors and milk handlers licensed in accordance with 6 V.S.A. § 2721;

(5) public water systems, as that term is defined in section 1671 of this title; and

(6) closed loop, standing column, or similar non-extractive geothermal heat pumps.

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

(d) Application for a permit shall be on a form prepared by the Secretary. An application shall, at a minimum, contain the information necessary to make the determinations contained in subsection (e) of this section, and the following:

(1) the purpose for the withdrawal;

(2) the location and source of the withdrawal;

(3) the amount of the proposed withdrawal, including estimates of the projected mean and peak daily, monthly, and annual withdrawals;

(4) the place of the proposed return flow of withdrawn water;

(5) the estimated amount of water that will not be returned to the watershed where the proposed withdrawal is located;

(6) the location, demand on, and yield of existing sources of groundwater and surface water utilized by the applicant; and

(7) a brief description of the alternative means considered for satisfying the applicant's stated use for water.

(e) The Secretary shall not issue a permit for a new or increased groundwater withdrawal unless the Secretary determines:

(1) that the proposed withdrawal is planned in a fashion that provides for efficient use of the water;

(2) that the proposed withdrawal, in combination with other existing withdrawals, will meet the standards set by the Secretary of Natural Resources in rule for establishing a safe yield in the area of the withdrawal;

(3) that the proposed withdrawal is consistent with the town or regional plan in which the proposed withdrawal is located, and with any duly adopted State policy to manage groundwater as a shared resource for the benefit of all citizens of the State, including any policies and programs of the State of Vermont regarding long-range planning, management, allocation, and use of groundwater and surface water in effect at the time the application for the withdrawal is filed;

(4) that the proposed withdrawal will not have an undue adverse effect on existing uses of water dependent on the same water source;

(5) that the proposed withdrawal will not have an undue adverse effect on a public water system permitted by the Agency of Natural Resources;

(6) that the proposed withdrawal will not have an undue adverse effect on significant wetlands under the Vermont wetland rules or on other water resources hydrologically interconnected with the well or spring from which the proposed withdrawal would be made;

(7) that the proposed withdrawal will not violate the Vermont Water Quality Standards; and

(8) any other consideration that the Secretary determines necessary for the conservation of water or protection of groundwater quality.

(f) A permit issued under this section shall be valid for the period of time specified in the permit but not for more than 10 years. A permit issued under this section shall include the following:

(1) that groundwater withdrawals from a well or spring for drinking water supplies, farming, or dairy processing shall be given priority over other uses during times of shortage; and

(2) any other condition that the Secretary determines necessary for the conservation of water or protection of groundwater quality.

(g) The Secretary may require any person withdrawing groundwater in the State to obtain a permit under this section if the withdrawal is not exempt under subsection (b) of this section and the Secretary determines that the withdrawal violates the Vermont Water Quality Standards or has an undue adverse effect on an existing use of groundwater, a public water system permitted by the Agency of Natural Resources, wetlands, or water resources hydrologically interconnected with the well or spring from which the withdrawal occurs. The Secretary shall make a determination under this section based on review of the information set forth under subsection (d) of this section that is readily available to the Secretary.

(h) A withdrawal permit issued under this section may be transferred upon a change of ownership of the facility or project for which the permit was issued, provided that the new owner applies for an administrative amendment to the permit certifying its agreement to comply with all terms and conditions of the transferred permit and assume all other associated obligations.

(i) The following groundwater withdrawals shall be deemed to comply with the public trust requirements of the State for groundwater management and shall be entitled to a presumption that the withdrawal complies with the public trust requirements of the State:

(1) A groundwater withdrawal permitted under this section;

(2) A groundwater withdrawal for domestic, residential use;

(3) A groundwater withdrawal for public water systems, except for a bottled water facility operating under a source permit issued prior to June 9, 2008, permitted under chapter 56 of this title;

(4) A groundwater withdrawal for a potable water supply permitted under chapter 64 of this title;

(5) A groundwater withdrawal for farming conducted in compliance with the requirements of 6 V.S.A. chapter 215; and

(6) A groundwater withdrawal by a dairy processor or milk handler licensed in accordance with 6 V.S.A. § 2721.

(j) On or before July 1, 2010, the Secretary shall adopt rules to implement this section. When rules are adopted by the Secretary under this section, section 1415 of this title shall be repealed. The rules adopted under this section shall include:

(1) requirements for the mitigation of an undue adverse effect on drinking water supplies, farming, public water systems, or any other affected use when the Secretary determines such an undue adverse effect is likely to occur due to a proposed withdrawal;

(2) requirements for the renewal of permits issued under this section.

(k) Nothing contained in this subchapter shall be construed to alter or modify a right under a deed or contract to access groundwater in this State.
10 V.S.A. § 8014 — VT Code / Title 10 / Chapter 201 / Section 8014
§ 8014. Enforcement of final orders; collection actions
Status: in_force

(a) The Secretary may seek enforcement of a final administrative order, final orders pursuant to an assurance of discontinuance, or civil citations pursuant to section 8019 of this title, or a landfill extension order in the Civil, Criminal, or Environmental Division of the Superior Court.

(b) If a penalty is assessed and the respondent fails to pay the assessed penalty within the time prescribed, the Secretary may bring a collection action in any Civil or Criminal Division of the Superior Court. In addition, when a respondent, except for a municipality, fails to pay an assessed penalty or fails to pay a contribution under subdivision 8007(b)(2) of this title within the prescribed time period, the Secretary or the Land Use Review Board shall stay the effective date or the processing of any pending permit application or renewal application in which the respondent is involved until payment in full of all outstanding penalties has been received. When a municipality fails to pay an assessed penalty or fails to pay a contribution under subdivision 8007(b)(2) of this title within the prescribed time period, the Secretary or the Land Use Review Board may stay the effective date or the processing of any pending permit application or renewal application in which the municipality is involved until payment in full of all outstanding penalties has been received. For purposes of this subsection, “municipality” shall mean a city, town, or village. The Secretary or the Land Use Review Board may collect interest on an assessed penalty that a respondent fails to pay within the prescribed time. The Secretary or the Land Use Review Board shall collect interest on a contribution under subdivision 8007(b)(2) of this title that a respondent fails to pay within the prescribed time.

(c) Notwithstanding 32 V.S.A. § 502, the Secretary may contract with private collection agencies, or with attorneys engaged for similar purposes, for the collection of penalties or other monetary awards owed pursuant to assurances of discontinuance, final administrative orders, emergency administrative orders, or judgments after hearing or other judicial rulings. The cost of collection shall be assessed against and added to the penalty assessed against a respondent. The Secretary may agree to pay private collection agencies or attorneys a fixed rate for services rendered or a percentage of the amount actually collected by the agencies or attorneys and remitted to the Secretary.
10 V.S.A. § 4783 — VT Code / Title 10 / Chapter 113 / Section 4783
§ 4783. Purchase and sale of big game
Status: in_force

(a) A person shall not buy or sell big game or the meat of big game within the State except during the open season and for 20 days thereafter, provided that a person shall not sell the paws or internal organs of a black bear separate from the animal as a whole unless authorized under subsection (b) as a taxidermy product.

(b) Notwithstanding subsection (a) of this section, a person may buy or sell at any time:

(1) the head, hide, and hoofs of deer or moose legally taken; or

(2) the head or hide of a black bear, legally taken, provided that taxidermy products that include the paws shall not be prohibited.

(c) Neither anadromous Atlantic salmon taken in the Connecticut River Basin nor wild turkey shall be bought or sold at any time. The meat of big game animals shall not be bought or sold for the purpose of being transported out of the State.
10 V.S.A. § 544 — VT Code / Title 10 / Chapter 22A / Section 544
§§ 544, 545. Repealed. 2021, No. 183 (Adj. Sess.), § 10, eff. July 1, 2022.
Status: repealed

(Repealed by 2021, No. 183 (Adj. Sess.), § 10, eff. July 1, 2022.)
10 V.S.A. § 2645 — VT Code / Title 10 / Chapter 83 / Section 2645
§ 2645. Open burning; permits
Status: in_force

(a) Except as otherwise provided in this section, a person shall not kindle or authorize another person to kindle a fire in the open air for the purpose of burning natural wood, brush, weeds, or grass without first obtaining permission from the town forest fire warden or deputy forest fire warden stating when and where such fire may be kindled. Wood, brush, weeds, or grass shall not be burned if they have been altered in any way by surface applications or injection of paints, stains, preservatives, oils, glues, or pesticides. Whenever such permission is granted, the fire warden, within 12 hours, shall issue a written “Permit to Kindle” for record purposes stating when and where such fire may be kindled.

(b) With the written approval of the Secretary, during periods of increased fire hazard, the Commissioner may notify town fire wardens that for a specified period no burning permits shall be issued. The fire wardens shall issue no permits during the specified period.

(c) The provisions of this section will not apply to:

(1) the kindling of a fire in a location where there is snow surrounding the open burning site;

(2) fires built in stone arches, outdoor fireplaces, or existing fire rings at State recreational areas or fires built in stone arches, outdoor fireplaces, or fire rings on private property that are not located within woodland, timberland, or a field containing dry grass or other flammable plant material contiguous to woodland;

(3) the kindling of a fire in a location that is 200 feet or more from any woodland, timberland, or field containing dry grass or other flammable plant material contiguous to woodland; or

(4) areas within cities maintaining a fire department.

(d)(1) As used in this section, “natural wood” means:

(A) trees, including logs, boles, trunks, branches, limbs, and stumps;

(B) lumber, including timber, logs, or wood slabs, especially when dressed for use; and

(C) pallets that are used for the shipment of various materials, so long as such pallets are not chemically treated with any preservative, paint, or oil.

(2) “Natural wood” does not mean other wood products such as sawdust, plywood, particle board, or press board.

(e) Nothing in this section shall be construed to limit the authority of the air pollution control officer to prohibit open burning in accordance with the rules adopted under chapter 23 of this title.
10 V.S.A. § 1323 — VT Code / Title 10 / Chapter 47 / Section 1323
§ 1323. Nuisance
Status: in_force

The use of unencapsulated polystyrene as a flotation device in waters of the State, including in any dock system, float, mooring system, or buoy, is declared a nuisance and public health hazard and may be prosecuted as provided in the Vermont Revised Statutes.
10 V.S.A. § 4520a — VT Code / Title 10 / Chapter 109 / Section 4520a
§ 4520a. Notice and hearing requirements
Status: in_force

(a) The Commissioner shall use the following procedures in assessing the penalty under section 4520 of this title: the Attorney General or an alleged violator shall be given an opportunity for a hearing after reasonable notice; and the notice shall be served by personal service or by certified mail, return receipt requested. The notice shall include:

(1) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(2) a statement of the matter at issue, including reference to the particular statute allegedly violated and a factual description of the alleged violation;

(3) the amount of the proposed administrative penalty; and

(4) a warning that the decision shall become final and the penalty imposed if no hearing is requested within 15 days of receipt of the notice. The notice shall specify the requirements which shall be met in order to avoid being deemed to have waived the right to a hearing or the manner of payment if the person elects to pay the penalty and waive a hearing.

(b) Any person who receives notification pursuant to this section shall be deemed to have waived the right to a hearing unless, within 15 days of the receipt of the notice, the person requests a hearing in writing. If the person waives the right to a hearing, the Commissioner shall issue a final order finding the person in default and imposing the penalty. A copy of the final default order shall be sent to the violator by certified mail, return receipt requested.

(c) When an alleged violator requests a hearing in a timely fashion, the Commissioner shall hold the hearing pursuant to 3 V.S.A. chapter 25.
10 V.S.A. § 1192 — VT Code / Title 10 / Chapter 45 / Section 1192
§ 1192. Policy
Status: in_force

It is the policy of this State to join with the State of New Hampshire in a common effort to ensure that development within the Connecticut River watershed proceeds in ways that protect its outstanding ecological, scenic, recreational, historic, cultural, agricultural, fish, and wildlife values.
10 V.S.A. § 6648 — VT Code / Title 10 / Chapter 159 / Section 6648
§ 6648. Corrective action plan
Status: in_force

(a) A corrective action plan shall clearly describe the basis and details of a proposed cleanup strategy that includes ensuring technical feasibility, an effective engineering design, reasonable costs, protection of human health and the environment, and compliance with the remediation standards. The corrective action plan shall include all the following:

(1) a description of all releases or threatened releases existing at the property;

(2) a proposed plan for abatement, removal, and remediation of any release or threatened release, including any condition that has led or could lead to a release or threatened release;

(3) a plan for continued monitoring of the property during and after the investigation, abatement, removal, and remediation activities are completed;

(4) a description of applicable remediation standards;

(5) plans for all the following:

(A) quality assurance;

(B) sampling and analysis;

(C) health and safety considerations;

(D) data management and record keeping;

(6) a proposed schedule for implementation of each task set forth in the proposed corrective action plan.

(b) The Secretary shall evaluate the corrective action plan and shall either approve, approve with conditions, or disapprove the corrective action plan. The applicant shall submit any additional or corrected information requested by the Secretary at any time during the evaluation of the corrective action plan.

(c) The Secretary may approve a corrective action plan for all or a portion of the releases or threatened releases at the property, provided the Secretary determines that the corrective action plan will fulfill both the following:

(1) Activities in the approved corrective action plan and the redevelopment and use of the property will not cause, contribute to, or worsen any release or threatened release of hazardous materials.

(2) The corrective action plan provides for all investigation, abatement, removal, remediation, and monitoring activities required to protect human health and the environment and to meet all applicable remediation standards.

(d) If the Secretary approves a corrective action plan that addresses only a portion of the releases or threatened releases at the property, the Secretary must find that the releases or threatened releases that are not abated, removed, or remediated pursuant to the corrective action plan do not and will not pose an unacceptable risk to human health and the environment and are in compliance with remediation standards.

(e) Before approving a corrective action plan under this subchapter, the Secretary shall proceed in accordance with chapter 170 of this title.

(f) After approval of a corrective action plan and any amendments to the plan, the Secretary shall notify the claimant of all the following information:

(1) a summary of the nature of the contamination identified on the property and the major components of the corrective action plan;

(2) a detailed description of any restrictions on the future use of the property;

(3) the location where all information relating to an approved corrective action plan and site investigation may be reviewed.

(g) The person receiving the approval shall file the notice of approval of the corrective action in the land records of the municipality in which the property is located within 15 days of receipt of the approval.
10 V.S.A. § 280r — VT Code / Title 10 / Chapter 12 / Section 280r
§ 280r. Powers and privileges of government units
Status: in_force

In order to provide for the collection and enforcement of fees, rates, rents, assessments, and other charges for the operation of any qualified project, the system of which it is a part and any other revenue producing facilities from which the governmental unit derives project revenues, in addition to any other authority provided by law or any applicable bond act, governmental units are hereby granted all the powers and privileges granted to them by law with respect to any similar fee, rate, rent, assessment, or other charge. Any governmental unit may enter into agreements with the Agency:

(1) regarding the operation of a pricing system for the services producing facilities from which the governmental unit derives project revenues. Such agreements may include provisions defining the costs of such services, the qualified project and such local system and other facilities, and covenants or agreements regarding the fixing and collection of fees, rates, rents, assessments, and other charges for such costs and the maintenance of such pricing system at levels sufficient to pay or provide for all such costs and any payments due the department under any loan agreement or governmental obligations;

(2) regarding the operation of an enterprise fund established for any qualified project, and the system of which it is a part and any other revenue producing facilities from which the governmental unit derives project revenues. Such agreements may include fiscal and accounting controls and procedures, provisions regarding the custody, safeguarding, and investment of project revenues and other amounts credited thereto, the establishment of reserves and other accounts and funds and the application of any surplus funds.
10 V.S.A. § 6204 — VT Code / Title 10 / Chapter 153 / Section 6204
§ 6204. Application of other laws and rules
Status: in_force

(a) A municipality may impose more restrictive requirements on mobile home parks and mobile homes than are contained in this chapter to the extent it is authorized to do so under other legislation.

(b) Other applicable laws and rules that are more restrictive than this chapter shall prevail.

(c) To the extent that they are consistent with this chapter, the provisions of 9 V.S.A. chapter 137 (residential rental agreements) and the provisions of 12 V.S.A. chapter 169, subchapter 3 (eviction) shall apply to the occupancy and rental of a mobile home, and the provisions of 12 V.S.A. chapter 169, subchapter 3 (eviction) shall apply to the rental of a mobile home lot, except the rental of a mobile home lot shall be subject to the provisions of 12 V.S.A. chapter 169, relating to payment of rent into court.

(d) A mobile home occupied on the basis of a lease-purchase or rent-to-own contract, however named, shall be subject to the provisions of 9 V.S.A. § 2602(e).

(e) Notwithstanding any other provision of this section, where a mobile home park is a nonconforming use under local zoning regulations, its status regarding conformance or nonconformance shall apply to the parcel as a whole and not to any individual mobile home lot within the park. The vacancy of any individual mobile home lot shall not be considered a discontinuance or abandonment of the nonconforming use.

(f) This chapter shall not apply to the rental or use of campsites occupied for vacation or recreational purposes by camping units, such as: tents, yurts, tepees, lean-tos, camping cabins, and recreational vehicles, including motor homes, folding camping trailers, conventional travel trailers, fifth wheel travel trailers, truck campers, van campers, and conversion vehicles designed and used for travel, recreation, and camping.
10 V.S.A. § 7066 — VT Code / Title 10 / Chapter 162 / Section 7066
§ 7066. Requirements regarding radioactive waste disposal
Status: in_force

(a) Every generator of low-level radioactive waste in this State shall comply with the reporting requirements of this chapter.

(b) A generator of low-level radioactive waste in this State that existed, as a generator, on the effective date of the Compact, including any nuclear plant, may not be discriminated against with respect to access to disposal capacity at the Compact facility.

(c) No generator of low-level radioactive waste in the State existing on the date of enactment of this section may increase its generation of waste in a year by more than 20 percent of the total annual volume of waste from all generators estimated for disposal by the Secretary of Natural Resources, under subdivision 7065(a)(3) of this title, unless that generator receives a favorable determination from the Secretary of Natural Resources that disposal capacity will be available as provided by section 3.04(11) of the Compact agreement.

(d) Any person other than those generators identified in subsection (c) of this section who wishes to undertake an activity that will generate low-level radioactive waste in the State must first receive a favorable determination from the Secretary of Natural Resources that disposal capacity will be available as provided by section 3.04(11) of the Compact agreement.

(e) No generator of low-level radioactive waste may dispose of its low-level radioactive waste at the Compact facility unless that generator has a current indemnification agreement with the State of Vermont. Federal generators of low-level radioactive waste shall be required to indemnify the State only to the extent permitted by federal law. Any indemnification agreement shall be reviewed by the Attorney General before the State agrees to it.
10 V.S.A. § 1683 — VT Code / Title 10 / Chapter 56 / Section 1683
§ 1683. Filtration requirements
Status: in_force

(a) The Department of Environmental Conservation shall review each application for a construction grant to determine whether the project qualifies for an avoidance of filtration waiver under the surface water treatment rule and notify the applicant of the results of that review. The Department shall provide an opportunity for the applicant to submit information in support of an affirmative finding.

(b) The Department of Environmental Conservation shall grant waivers to requirements for water filtration and exemptions to public and private water systems as provided under the federal Safe Drinking Water Act, surface water rule, when a water system owner demonstrates that the water system has a proven record of delivering adequate quantities of clean and safe drinking water and that adequate protection of the surface water source is or may be assured.
10 V.S.A. § 753 — VT Code / Title 10 / Chapter 32 / Section 753
§ 753. Flood hazard areas; cooperation; mapping
Status: in_force

(a) Cooperation to secure flood insurance. The Secretary and all municipalities, regional planning commissions, and departments and agencies of State government shall mutually cooperate to achieve the purposes of this chapter and to secure flood insurance for municipalities and the State of Vermont. All correspondence sent to a municipality pursuant to this chapter shall be sent to the municipal clerk, the municipal manager, if one exists, the legislative body, the planning commission, and the conservation commission, if one exists. Copies of this correspondence shall be sent to the regional planning commission and the Agency of Commerce and Community Development.

(b) Notice of designation of flood hazard areas; maps. The Secretary shall, as the information becomes available, provide each municipality with a designation of flood hazard areas. The designation shall include a map or maps.

(c) Procedure to authorize review of municipal permit applications. The Secretary shall establish a procedure for authorizing a representative of a municipality or a regional planning commission to conduct the review required under 24 V.S.A. § 4424(a)(2)(D), including eligibility requirements for authorization to conduct permit application review and an approved process or list of approved certifications that the Secretary shall accept as proof of expertise in the field of floodplain management.
10 V.S.A. § 232 — VT Code / Title 10 / Chapter 12 / Section 232
§ 232. Issuance of loans for speculative buildings and small business incubator facilities
Status: in_force

Before issuing any loan under this subchapter for construction of a speculative building or small business incubator facilities and the purchase of land in connection therewith, the Authority, or the Authority's loan officer pursuant to the provisions of subdivision 216(15) of this title, shall determine and incorporate the following findings in its minutes. Such findings when adopted by the Authority shall be conclusive:

(1) The project is within the scope of this chapter, will be of public use and benefit, and may reasonably be expected to create new employment opportunities.

(2) The proposed site for the speculative building or small business incubator facilities will be located on adequate land owned or to be acquired by the local development corporation or leased by the local development corporation on terms satisfactory to the Authority.

(3) An adequate access road from a public highway is provided to the proposed site and that such utilities as water, sewer, and power facilities are available, or will be available when the speculative building or small business incubator facilities is completed.

(4) The project plans comply with all applicable environmental, zoning, planning and sanitary laws and regulations of the municipality where it is to be located and of the State of Vermont.

(5) The local development corporation is responsible and has presented evidence to demonstrate its ability to carry out the project as planned.

(6) Evidence has been presented demonstrating the feasibility of the site as a location for business, and additional evidence has been presented that an adequate supply of labor is available within the labor market area to serve a business located on the site or in the small business incubator facility.

(7) The local development corporation has made adequate provisions for insurance protection of the building while it is unoccupied and suitable arrangements have been made for fire protection and maintenance while it is unoccupied.

(8) The project will be without unreasonable risk of loss to the Authority.

(9) The local development corporation is unable to secure on reasonable terms the funds required for the project without the assistance of the Authority, or in the alternative, the making of the loan will serve as a substantial inducement for the establishment or expansion of a speculative building or small business incubator.
10 V.S.A. § 4748 — VT Code / Title 10 / Chapter 113 / Section 4748
§ 4748. Dogs pursuing deer or moose
Status: in_force

(a) A dog that has been found to hunt or pursue deer or moose and whose owner or keeper has had notice to that effect shall not run at large unaccompanied by the owner or keeper.

(b) A State game warden, deputy warden, sheriff, deputy sheriff, constable, police officer, or State Police may kill by shooting with firearms dogs, whether licensed or unlicensed, when in such close pursuit as to endanger the life of a deer or moose or found in the act of wounding, maiming, or killing deer or moose. Provisions of this section shall be subject to limitations set forth in section 4710 of this title. A warden or other person authorized under this subsection who does not kill a dog under the provisions of this subsection shall, if possible, locate the owner or keeper of the dog and shall issue a warning that the dog was in violation of this section and each future violation shall result in the owner or keeper being fined not more than $200.00 nor less than $50.00.

(c) When a licensed dog is killed pursuant to subsection (b) of this section, the game warden, deputy game warden, sheriff, deputy sheriff, constable, police officer, or State Police shall forthwith report the same to the owner of said licensed dog.

(d) No person shall have a cause of action against any of the designated wardens, sheriff, deputy sheriff, constable, police officer, or State Police exercising the authority herein granted.
10 V.S.A. § 7185 — VT Code / Title 10 / Chapter 164B / Section 7185
§ 7185. Annual report; collection plan audit
Status: in_force

(a) Annual report. Not later than 18 months after the date a collection plan has been implemented, and annually thereafter, a stewardship organization of manufacturers of covered household hazardous products shall submit a report to the Secretary that contains all of the following:

(1) A description of the collection program.

(2) The volume or weight by hazard category, as defined by the Secretary, of covered household hazardous products collected, the volume or weight of covered household hazardous products collected at each collection facility or collection event, the disposition of the collected covered household hazardous products, and the number of covered entities participating at each collection facility or collection event from which the covered household hazardous products were collected.

(3) The name and address of all the recycling and disposal facilities where the covered household hazardous products are collected and delivered and deposited.

(4) The weight or volume by hazard category of covered household hazardous products sold in the State in the previous calendar year by a manufacturer participating in a stewardship organization's collection plan. Sales data provided under this section shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential. Confidential information shall be redacted from any final public report. If manufacturers can demonstrate that they do not have Vermont specific data, the stewardship organization may use national data prorated to Vermont based upon Vermont's population.

(5) A comparison of the collection plan's performance goals, including participation rate, compared to the actual performance and how the program will be improved if the performance goals are not met.

(6) A description of the methods used to reduce, reuse, collect, transport, recycle, and process the covered household hazardous products.

(7) The cost of implementing the collection plan, including the costs of administration, collection, transportation, recycling, disposal, and education and outreach.

(8) A description and evaluation of the success of the education and outreach materials. If multiple stewardship organizations are implementing the collection plan approved by the Secretary, the stewardship organizations shall include a summary of their coordinated education and outreach efforts.

(9) Recommendations for any changes to the program.

(b) Collection plan audit. On or before September 1, 2030 and every five years thereafter, a stewardship organization of manufacturers of covered household hazardous products shall hire an independent third party to audit the collection plan and the plan's operation. The auditor shall examine the effectiveness of the program in collecting and disposing of covered household hazardous products. The auditor shall examine the cost-effectiveness of the program and compare it to that of collection programs for covered household hazardous products in other jurisdictions. The auditor shall examine the effectiveness of the plan in satisfying the requirement of this chapter that all Vermonters have convenient and reasonable access to collection facilities or collection events. The auditor shall make recommendations to the Secretary on ways to increase the program's efficacy and cost-effectiveness.

(c) Public posting. A stewardship organization shall post a report or audit required under this section to the website of the stewardship organization.
10 V.S.A. § 5407 — VT Code / Title 10 / Chapter 123 / Section 5407
§ 5407. Authority to seize threatened or endangered species
Status: in_force

In addition to other methods of enforcement authorized by law, the Secretary may direct under this section that wildlife or wild plants that were seized because of violation of this chapter be rehabilitated, released, replanted, or transferred to a zoological, botanical, educational, or scientific institution, and that the costs of the transfer and staff time related to a violation may be charged to the violator. The Secretary, with the advice of the Endangered Species Committee, may adopt rules for the implementation of this section.
10 V.S.A. § 5227a — VT Code / Title 10 / Chapter 119 / Section 5227a
§ 5227a. Sport shooting range alternative dispute resolution
Status: in_force

Upon request of a homeowner or business that owns property abutting a sport shooting range, a range shall, at least once, attempt to resolve through mediation an issue or dispute that the homeowner or business has concerning operation of the range. The parties to such mediation may agree upon the use of a mediator to assist in the resolution of the agreed upon issue or dispute, and the parties shall share the cost of the mediator. If the parties to the mediation are unable to resolve the relevant issue or dispute through mediation, the parties may agree to submit the issue or dispute to binding arbitration pursuant to 12 V.S.A. chapter 192 and shall share the cost of the arbitration.
10 V.S.A. § 302 — VT Code / Title 10 / Chapter 15 / Section 302
§ 302. Policy, findings, and purpose
Status: in_force

(a) The dual goals of creating affordable housing for Vermonters, and conserving and protecting Vermont's agricultural land, forestland, historic properties, important natural areas, and recreational lands are of primary importance to the economic vitality and quality of life of the State.

(b) In the best interests of all of its citizens and in order to improve the quality of life for Vermonters and to maintain for the benefit of future generations the essential characteristics of the Vermont countryside, and to support farm, forest, and related enterprises, Vermont should encourage and assist in creating affordable housing and in preserving the State's agricultural land, forestland, historic properties, important natural areas and recreational lands, and in keeping conserved agricultural land in production and affordable for future generations of farmers.

(c) It is the purpose of this chapter to create the Vermont Housing and Conservation Trust Fund to be administered by the Vermont Housing and Conservation Board to further the policies established by subsections (a) and (b) of this section.
10APPENDIX V.S.A. § 19a — VT Code / Title 10APPENDIX / Chapter 1 / Section 19a
App. § 19a. Rule governing the transition of the relevant captive hunt facility to compliance with 10 @ App. § 19
Status: repealed

1.0 Authority.

1.1 This rule is promulgated pursuant to No. 54 of the Acts of the 2011 Sess. (2011) (hereinafter “Act 54”) which requires that “the Fish and Wildlife Board shall adopt by rule a process by which the number of white-tailed deer and moose entrapped within the relevant captive hunt facility is reduced to zero by taking, as that term is defined in 10 V.S.A. § 4001, over a three-year period from September 1, 2011.”

1.2 This rule is promulgated pursuant to 10 V.S.A. §§ 4081, 4082.

1.3 In accordance with 10 V.S.A. § 4081, this rule 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.”

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

2.0 Purpose and Policy.

2.1 The purpose of this rule is to: In accordance with Act 54, establish the necessary criteria to implement the transition from the jurisdiction of the relevant captive hunt facility from the Secretary of Agriculture, Food, and Markets to the Commissioner of the Department of Fish and Wildlife.

2.2 In Act 54, the General Assembly found and declared that: “To preserve the health of the wildlife of Vermont, all owners of captive cervidae facilities should be required to remove entrapped white-tailed deer or moose, and such facilities should be required to take the necessary measures to prevent future entrapment of white-tailed deer or moose.”

2.3 This rule is designed to bring the population of entrapped white-tailed deer and moose to zero over the three-year period September 1, 2011 - August 31, 2014.

2.4 This rule is designed to permit the disease surveillance that is consistent with the goals set forth in 10 V.S.A. § 4081 and Act 54 to prevent the introduction or spread of a disease, or parasite, by imported animals that are harmful to humans and wild animals, specifically, but not exclusively, the spread of “Chronic Wasting Disease” (“CWD”), bovine tuberculosis, and rabies.

2.5 In accordance with 10 V.S.A. § 4081, “It is the policy of the State that . . . . As provided by Chapter II, § 67 of the Constitution of the State of Vermont, the fish and wildlife of Vermont are held in trust by the State for the benefit of the citizens of Vermont and shall not be reduced to private ownership. The State of Vermont, in its sovereign capacity as a trustee for the citizens of the State, shall have ownership, jurisdiction, and control of all of the fish and wildlife of Vermont.”

3.0 Definitions.

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

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

3.3 “Captive animal” has the same meaning as under 10 V.S.A. § 4715(a)(1).

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

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

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

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

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

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

3.10 “Herd inventory” means an official list maintained by the facility of all of the animals enclosed within the facility including individual animals' official or approved identifications.

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

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

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

3.14 “Relevant captive cervidae facility” shall mean a captive cervidae facility subject to the requirements of Sec. E.702.1 of No. 156 of the Acts of the 2009 Adj. Sess. (2010).6

3.15 “Take and taking” means pursuing, shooting, hunting, killing, capturing, trapping, snaring and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, such a taking must be by lawful means and in a lawful manner.” 10 V.S.A. § 4001 (23).

4.0 Scope of the Rule.

4.1 On September 1, 2011, the relevant captive cervidae facility shall be regulated as a captive hunt facility under the Fish and Wildlife Board's rule governing the importation and possession of animals for taking by hunting as set forth in 10 V.S.A. App. § 19.

4.2 This rule does not supersede the requirements of 10 V.S.A. App. § 19.

4.3 Nothing in this rule is intended to modify or abridge the authority of the Commissioner to authorize the taking of white-tailed deer and moose pursuant to 10 V.S.A. Section 4138.

5.0 Record, Reporting and Disease Surveillance7 .

5.1 Records.

(a) Availability: Documentation shall be made available to Department personnel immediately upon request or 24 hours if not practicable.

(b) Content: Information provided in the records shall be kept on forms provided by the Department. Information shall include: where animals originated, travel (sale) history, individual animal identification, certificate of veterinary inspection, carcass and sample identification numbers, sex, species, and age. Information shall also include the name and address of any person taking a white-tailed deer or moose and the identification number of the animal taken.

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

5.3 Identification:

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

(b) Other means of identification are available for approval subject to 10 V.S.A. App. § 19, Section 5.2(b).

6.0 Annual Herd Assessment In order maintain successful surveillance, the Department shall, on September 1 of each year conduct an annual assessment, including:

6.1 Herd Inventory

(a) The number of white-tailed deer and moose taken by the means of hunting by August 31 of that year;

(b) The number of white-tailed deer or moose experiencing mortality by August 31 of that year; and

(c) The total number of white-tailed deer and moose remaining in the relevant captive hunt facility and the herd inventory identification numbers for each animal.

6.2 Inspection of the Facility Inspections may include, but are not limited to, records kept under this rule, perimeter fencing, captive animals, and any structures within the facility. Requests for inspection shall take place during reasonable business hours.

6.3 Removal of Wild Cervids.

(a) Any untagged white-tailed deer or moose shall be considered a wild animal;

(b) All such animals will be removed either by the relevant captive hunt facility owner or the Department at the Department's discretion.

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

6.5 Testing of Animals: Testing of animals shall be in accordance with the rules of the Secretary of Agriculture, Food and Markets. The head of any white-tailed deer or moose experiencing mortality by any means shall be preserved consistent with CWD testing protocols and notice shall be provided to the Department within 24 hours.

7.0 Open Season and Restrictions.

7.1 There is no closed season for taking of white-tailed deer and moose within the relevant captive hunt facility subject to the following restrictions:

(a) Shooting Hours: 1/2 before sunrise - 1/2 after sunset;

(b) No Fee: No fee, other than for guide services, shall be charged by the relevant captive cervidae facility for the right to take white-tailed deer or moose;

(c) Escape or Release: No person may knowingly or intentionally allow wild cervidae at the relevant captive cervidae facility to escape or to be released from the facility;

(d) Tagging: A person taking a white-tailed deer or moose within the facility shall immediately tag the big game carcass upon taking with a tag provided by the Department. The tag shall be placed on the big game carcass in a location that is open to view. Such tag shall remain on the big game carcass during possession and transportation;

(e) Legal Means: Any white-tailed deer or moose taken by any legal means as prescribed in 10 V.S.A. Appendix § 37;

(f) License: Any person taking an animal within the relevant captive hunt facility shall possess a valid and current Vermont hunting license;

(g) No Limit: There is no possession limit on persons taking white-tailed deer or moose within the facility so long as it is properly tagged under this rule. The annual deer limit contained in 10 V.S.A. App. § 37, and any moose hunting limit contained in 10 V.S.A. App. § 33 shall not apply to white-tailed deer and moose legally taken under this rule.

8.0 Percentages of White-tailed Deer and Moose to be Taken Per Year.

8.1 September 1, 2011 - August 31, 2012

(a) White-Tailed Deer

8.2 September 1, 2012 - August 31, 2013

(a) White-Tailed Deer

8.3 September 1, 2013 - August 31, 2014

(a) 100% of the remaining deer

(b) 100% of the remaining moose8

9.0 Posting.

9.1 Pursuant to Act 54, the owner of the relevant captive cervidae facility may post his or her land according to 10 V.S.A. § 5201 and may restrict access to the facility for hunting.

6 Repealed by Act 54, Section 5.

7 These recording keeping and reporting requirements mirror those found in 10 V.S.A. App. § 19 and are repeated here to meet the requirements of Act 54.

8 Consistent with Act 54, Sec. 5 (c)(2)(B)(i)(I).
10 V.S.A. § 4832 — VT Code / Title 10 / Chapter 113 / Section 4832
§ 4832. Appeal
Status: in_force

A person who is denied reimbursement under this subchapter or who is dissatisfied with the amount of the reimbursement granted may appeal to the Superior Court of the county in which he or she resides.
10 V.S.A. § 313 — VT Code / Title 10 / Chapter 15 / Section 313
§ 313. Expenditure of bond proceeds
Status: in_force

Any proceeds of State bonds issued in support of activities under this chapter shall be used exclusively for the funding of long-term, tangible capital investments and those capital expenses allowed under federal laws governing the use of State bond proceeds as determined with the guidance of the State of Vermont's bond counsel. No bond proceeds shall be used to fund the operational expenses of the Board. For purposes of this section, “operational expenses” shall include costs related to persons directly employed or under contract to provide administrative, clerical, financial, lobbying, policy analysis, or research services.
10 V.S.A. § 6252 — VT Code / Title 10 / Chapter 153 / Section 6252
§ 6252. Lot rent increase dispute; mediation
Status: in_force

(a) If the percentage of a proposed lot rent increase is more than one percentage point above the U.S. Consumer Price Index for all Urban Consumers, Housing Component, published by the U.S. Bureau of Labor Statistics in the periodical “Monthly Labor Review and Handbook of Labor Statistics” as established annually by the Department, and if, within 15 business days after receipt by the Commissioner of the notice required pursuant to subsection 6251(a) of this title, a majority of the affected leaseholders files with the Commissioner and the park owner a written petition that includes the name of the person who will act as the representative of the leaseholders, and a statement that they dispute the proposed lot rent increase, the Commissioner shall send a list of qualified professional mediators compiled by the Department in cooperation with park owners and leaseholders to the park owner and to the leaseholders' representative. Within five business days of receipt of the list, the park owner and the leaseholders' representative shall agree on a mediator from the list provided by the Commissioner and notify the Commissioner of the name, address, and telephone number of the mediator selected, accompanied by the mediator's agreement to conduct the mediation. If the Commissioner has not been notified of a mediator as required by this subsection, the Commissioner shall appoint a mediator from the Department's list. The mediator may not have any interest, direct or indirect, in the mobile home park at issue and shall disclose to the park owner, the leaseholders, and the Commissioner any experience as a mobile home park owner, resident, or leaseholder, or any other circumstance that may create a real or perceived conflict of interest. The Department shall pay the reasonable fees for professional mediation services based on a schedule established by rule of the Department.

(b) The mediator shall conduct one or more mediation sessions within the period that ends 10 days prior to the effective date of the proposed lot rent increase. The mediation shall include the mobile home park owner and the leaseholders, or their respective representatives, and shall attempt to resolve the dispute. No later than five days before the initial mediation session, the mobile home park owner shall provide to the mediator and the leaseholders' representative all documents and information that the park owner considers relevant to support the proposed lot rent increase. The mobile home park owner shall have the burden of providing information to show that the proposed lot rent increase is reasonable. The mediator may also request any additional documents or information for the purposes of the mediation process. Any resolution of the dispute shall include an agreement regarding the amount of lot rent increase and the effective date. If the dispute is resolved, the mobile home park owner shall not be required to provide any additional notice in order for the lot rent increase to take effect pursuant to the resolution.

(c) The mediator shall issue to the parties and the Commissioner a report signed by the mediator and the parties regarding the outcome of the mediation. The report shall not be admitted into evidence and the mediator shall not be competent to testify in any subsequent action regarding the proposed lot rent increase.
10 V.S.A. § 669d — VT Code / Title 10 / Chapter 27 / Section 669d
§ 669d. Marketing association expenditures; reapplication
Status: in_force

(a) A regional travel and tourism marketing association shall use grant funds only for such purposes described in the application and approved by the Secretary under section 669c of this title. Disbursement of grant funds shall be made at such times as are specified by the Secretary. On request of the Secretary the Commissioner of Finance and Management shall issue his or her warrant and the State Treasurer shall pay the funds requested.

(b) The grant shall be approved under such terms and conditions as the Secretary may prescribe, for a period no longer than one year. The applicant may reapply in accordance with section 669b of this title.

(c) The Secretary, in his or her sole discretion, shall allocate funds appropriated for regional travel and tourism marketing associations. The Secretary shall determine the amount allocated to each regional travel and tourism marketing association after considering an association's budgetary needs and the strength of its program as measured against the goals established in section 669b of this title.
10 V.S.A. § 103 — VT Code / Title 10 / Chapter 7 / Section 103
§ 103. Contracts; maps
Status: in_force

(a) For the purpose of maintaining the geologic, mineral resource, and topographic surveys of this State, the Division of Geology and Mineral Resources may contract with agencies or departments of the U.S. government, for such work as may be required, including the methods of its execution and the order in which the mapping, research, and other surveys of the different parts of the State shall be completed; provided that the agencies or departments with whom the Division enters into a contract under this section shall agree to expend annually, on the part of the United States, upon such work a sum equal to or greater than that made annually available by this State for these purposes.

(b) All maps and other products shall conform to the highest quality and standards established by this State and the participating federal agency. All maps shall be made adaptable to the most modern techniques of production, reproduction and display.
10 V.S.A. § 280o — VT Code / Title 10 / Chapter 12 / Section 280o
§ 280o. Issuance of revenue bonds
Status: in_force

(a) The Authority may issue bonds to finance or refinance any cost of a qualified project or provide other financial assistance, the proceeds of which are to be deposited in the Program, or used to refinance existing obligations (whether obligations of the Authority or another entity), used to fund the cost of a qualified project.

(b) Such bonds shall be special revenue bonds of the State payable solely from revenues, credited to the Program.

(c) Notwithstanding the provisions of any law to the contrary, such bonds shall not be general obligations of the State.

(d) Bonds may be issued provided that such issuance meets the requirements of section 244 and subsections 254(b), (c), (d), (f), and (g) of this title.

(e) Sections 250, 252, and subsections 253(b), (c), and (d) of this title shall also apply to bonds issued under this subchapter, except that any reference to industrial facilities therein shall also apply to eligible projects under this subchapter.

(f) Bonds may be secured by a trust agreement entered into by the Authority, which trust agreement may pledge or assign, in whole or in part, any loan agreements or governmental obligations, and all or any part of the monies credited to the Program, subject to applicable federal requirements, and any funds or accounts established under a trust agreement, any contract or other rights to receive the same, whether then existing or coming into existence and whether then held or thereafter acquired, and the proceeds thereof.
10 V.S.A. § 1679 — VT Code / Title 10 / Chapter 56 / Section 1679
§ 1679. Public water source protection areas
Status: in_force

(a) The Secretary shall, after review by the Groundwater Coordinating Committee established in subsection 1392(c) of this title, adopt rules for the protection of public water source protection areas. Rules adopted under this section may include:

(1) the duties of the Agency, other State agencies, consistent with their statutory mandates, local government entities, and owners of public water systems with respect to the development and implementation of programs to protect public water sources;

(2) procedures to determine the public water source protection area;

(3) procedures to identify within each public water source protection area all potential sources of contaminants that may have any adverse effect on the health of persons;

(4) a program that contains, as appropriate, technical assistance, financial assistance, implementation of control measures, education, training, and demonstration projects to protect the public water source within the public water source protection area; and

(5) contingency plans for the provision of alternate drinking water supplies for each public water system in the event of contamination or disruption.

(b) Rules adopted by the Secretary under subsection (a) of this section shall complement the classification requirements of chapter 48 of this title and the rules adopted under that chapter.

(c) Rules adopted by the Secretary under subsection (a) of this section shall include provisions for the identification of agricultural lands, as defined in 32 V.S.A. § 3752, within public water source protection areas and for ensuring that required agricultural practices on those lands are not unduly restricted by the development of the public water source protection area without the consent of the owner of those agricultural lands. Prior to the adoption of rules under this subsection, the Secretary shall consult with the Secretary of Agriculture, Food and Markets and, if possible, obtain concurrence of the Secretary of Agriculture, Food and Markets. If the Secretary of Agriculture, Food and Markets does not concur, the Secretary of Agriculture, Food and Markets shall state any objections in writing; and those objections shall be included by the Secretary in filing the final proposed rule with the Legislative Committee on Administrative Rules.

(d) When the Secretary proposes to designate a public water source protection area under the rules adopted pursuant to subsection (a) of this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(e) Rules, standards, and criteria adopted by the Secretary under subsection (a) of this section for the protection of public water sources shall allow for human activity within the watershed of a public water source, provided that such human activity does not constitute a public health hazard or a significant public health risk.
10 V.S.A. § 1083 — VT Code / Title 10 / Chapter 43 / Section 1083
§ 1083. Application
Status: in_force

(a) Any person who proposes to undertake an action subject to regulation pursuant to section 1082 of this title shall apply in writing to the Department. The application shall set forth:

(1) the location; the height, length, and other dimensions; and any proposed changes to any existing dam;

(2) the approximate area to be overflowed and the approximate number of or any change in the number of cubic feet of water to be impounded;

(3) the plans and specifications to be followed in the construction, remodeling, reconstruction, altering, lowering, raising, removal, breaching, or adding to;

(4) any change in operation and maintenance procedures; and

(5) other information that the Department considers necessary to review the application.

(b) The plans and specifications shall be prepared under the supervision of an engineer.
10 V.S.A. § 4781 — VT Code / Title 10 / Chapter 113 / Section 4781
§ 4781. Big game; possession
Status: in_force

A person shall not possess big game taken by unlawful means or methods or taken in a closed season in violation of any provision of part 4 of this title or rules of the Board. Unless otherwise prohibited, a person may possess lawfully taken game during the open season and for a reasonable time thereafter.
10 V.S.A. § 7563 — VT Code / Title 10 / Chapter 166 / Section 7563
§ 7563. Limitations
Status: in_force

If a federal law or combination of federal laws takes effect that is applicable to all covered electronic devices sold in the United States and establishes a program for the collection and recycling or reuse of covered electronic devices that is applicable to all covered electronic devices, the Agency shall evaluate whether the federal law provides a solution that is equal to or better than the Program established under this chapter. The Agency shall report its findings to the General Assembly.
10 V.S.A. § 4712 — VT Code / Title 10 / Chapter 113 / Section 4712
§ 4712. Tracking of injured wildlife
Status: in_force

(a) The Commissioner may certify an individual to use a dog on a leash to track injured wild animals. The certificate shall be valid for five years from date of issuance. The Commissioner shall establish the following by rule:

(1) procedures for issuing a certificate under this section;

(2) qualifications required for certification under this section;

(3) privileges granted to a person holding a certificate under this section.

(b) Fees to be charged to a person applying for certification under this section shall be:
10 V.S.A. § 220a — VT Code / Title 10 / Chapter 12 / Section 220a
§ 220a. The Vermont Jobs Fund
Status: in_force

(a) There is hereby created the Vermont Jobs Fund, hereinafter called the Fund, which shall be used by the Authority as a nonlapsing fund for the purposes of this chapter. To it shall be charged all operating expenses of the Authority not otherwise provided for and all payments of interest and principal required to be made by the Authority under this subchapter. To it shall be credited any appropriations made by the General Assembly for the purposes of this chapter and all payments required to be made to the Authority under this chapter, it being the intent of this section that the Fund shall operate as a revolving fund whereby all appropriations and payments made thereto may be applied and reapplied for the purposes of this chapter. Monies in the Fund may be loaned at interest rates to be set by the Authority for the following:

(1) Loans to local development corporations under this chapter.

(2) Direct loans as described in subchapter 5 of this chapter.

(3) Loans for the financing of export activities under subchapter 9 of this chapter.

(4) Other loans as the Authority may prescribe under subchapter 10 of this chapter.

(b) Monies in the Fund may be loaned to the Vermont Agricultural Credit Program to support its lending operations as established in chapter 16A of this title at interest rates and on terms and conditions to be set by the Authority to establish a line of credit in an amount not to exceed $100,000,000.00 to be advanced to the Vermont Agricultural Credit Program to support its lending operations as established in chapter 16A of this title.

(c) Monies in the Fund may be loaned to the Vermont Small Business Development Corporation to support its lending operations as established pursuant to subdivision 216(14) of this title at interest rates and on terms and conditions to be set by the Authority.

(d) Monies in the Fund may be loaned to the Vermont 504 Corporation to support its lending operations as established pursuant to subdivision 216(13) of this title at interest rates and on terms and conditions to be set by the Authority.

(e) The Authority may loan money from the Fund to the Vermont Sustainable Energy Loan Fund established under subchapter 13 of this chapter at interest rates and on terms and conditions set by the Authority.
10 V.S.A. § 280dd — VT Code / Title 10 / Chapter 12 / Section 280dd
§ 280dd. Loan programs administered within the Fund
Status: in_force

(a) The Fund shall consist of:

(1) Existing sustainable energy loans made by the Authority, the Vermont Small Business Development Corporation, and the Vermont Agricultural Credit Corporation.

(2) Sustainable energy loans originated under the following programs:

(A) The Small Business Energy Efficiency Loan Program, under which the Authority provides loans for qualifying commercial energy efficiency improvements.

(B) The Renewable Energy Loan Program, which the Authority may create to provide loans for qualifying renewable energy projects.

(C) The Agricultural Energy Loan Program, which the Authority may create to provide loans for qualifying agriculture- and forest product-based sustainable energy projects.

(D) The Energy Efficiency Loan Guarantee Program, which the Authority may create to provide loan guarantees to participating lending institutions that enroll loans for sustainable energy projects in the Program.

(3) Programs created by the Authority pursuant to subsection (c) of this section.

(b) The Fund shall be administered by the Authority and shall not be subject to 32 V.S.A. chapter 7, subchapter 5.

(c) The Authority may establish:

(1) New financing programs that the Authority determines are necessary to encourage and promote sustainable energy projects and reduce reliance upon fossil fuel sources.

(2) Policies and procedures for programs within the Fund that the Authority determines are necessary to carry out the purposes of this subchapter.

(d) For all sustainable energy loans, the Authority shall maintain records on the projected reductions in greenhouse gas emissions and, for energy efficiency loans, the projected energy savings from the financed improvements and shall provide data on the projected greenhouse gas emissions reductions and projected energy savings to the Department of Public Service, the Public Utility Commission, and the Agency of Natural Resources on request. The methods used for calculating and reporting this data shall be the same methods used in programs delivered under 30 V.S.A. § 209(d) and (e). The data provided shall be used for the purpose of tracking progress toward the greenhouse gas reduction goals of section 578 of this title and the building efficiency goals of section 581 of this title.
10 V.S.A. § 6605g — VT Code / Title 10 / Chapter 159 / Section 6605g
§ 6605g. Incineration emissions
Status: in_force

(a) Findings. The General Assembly finds that given the regional nature of weather patterns, the incineration of solid waste, whether from incinerators located inside the State or outside its borders, causes negative effects on the health and welfare of the people of the State, and on the State's natural resources. Accordingly, it is in the public interest to require the use of the best required technology in incinerators, wherever located, if they are to receive solid waste from the State of Vermont, pursuant to new contracts or contract renewal for the disposal of solid waste.

(b) Best required technology requirement. To the extent consistent with federal law, no person shall enter a new contract or renew an existing contract for the incineration of solid waste produced within the State's borders, at an incinerator, regardless of location, that fails to use the best technology currently required by federal law of any solid waste incinerator in the country, in reducing hazardous emissions from the incinerator.
10 V.S.A. § 1109 — VT Code / Title 10 / Chapter 43 / Section 1109
§ 1109. Marketability of title
Status: in_force

The failure of the person owning legal title to a dam or the owner of the land on which the dam is located to record a dam registration or a dam inspection report when required under this chapter or rules adopted under this chapter shall not create an encumbrance on record title or an effect on marketability of title for the real estate property or properties on which the dam is located.
10 V.S.A. § 2600 — VT Code / Title 10 / Chapter 83 / Section 2600
§ 2600. Findings
Status: in_force

The General Assembly finds that:

(1) Private and public forestlands:

(A) constitute unique and irreplaceable resources, benefits, and values of statewide importance;

(B) contribute to the protection and conservation of wildlife habitat, air, water, and soil resources of the State;

(C) mitigate the effects of climate change; and

(D) benefit the general health and welfare of the people of the State.

(2) The forest products industry, including maple sap collection:

(A) is a major contributor to and is valuable to the State's economy by providing jobs to its citizens;

(B) is essential to the manufacture of forest products that are used and enjoyed by the people of the State; and

(C) benefits the general welfare of the people of the State.

(3) Private and public forestlands are critical for and contribute significantly to the State's outdoor recreation and tourism economies.

(4) Forestry operations are adversely affected by the encroachment of urban, commercial, and residential land uses throughout the State that result in forest fragmentation and conversion and erode the health and sustainability of remaining forests.

(5) As a result of encroachment on forests, conflicts have arisen between traditional forestry land uses, and urban, commercial, and residential land uses convert forestland permanently to other uses, resulting in an adverse impact to the economy and natural environment of the State.

(6) The encouragement, development, improvement, and preservation of forestry operations will result in a general benefit to the health and welfare of the people of the State and the State's economy.

(7) The forest products industry, in order to survive, likely will need to change, adopt new technologies, and diversify into new products.
10 V.S.A. § 4085 — VT Code / Title 10 / Chapter 103 / Section 4085
§ 4085. Reptiles and amphibians; taking; possession
Status: in_force

[Subsection (a) effective January 1, 2027.]

(a) A person shall not intentionally take a reptile or amphibian in the State unless authorized by rules adopted under subsection (b) of this section.

(b) The Commissioner may establish requirements for the following by rule:

(1) the collection or possession for commercial use, export, or sale of reptiles and amphibians specified by the Commissioner;

(2) the taking of reptiles or amphibians that have been classified as common, widespread, and abundant, known as S5 ranked species, with stable or increasing populations indicated by data collected or compiled by the Department of Fish and Wildlife;

(3) the taking of a reptile or amphibian that due to population, risk to other native species, or risk to ecosystems has been identified as requiring a reduction in population; or

(4) under specified criteria, the taking, collection, or possession of a specified reptile or amphibian for scientific, educational, or noncommercial cultural or ceremonial purposes.

(c) Rules adopted by the Commissioner of Fish and Wildlife under this section shall be designed to maintain the best health, population, and utilization levels of the regulated reptile or amphibian.
10 V.S.A. § 280i — VT Code / Title 10 / Chapter 12 / Section 280i
§ 280i. Disbursement and use of funds
Status: in_force

(a) Subject to limitations under ISTEA and the NHS Act and other federal laws, other laws respecting the use of particular monies in the Program, and the provisions of any applicable trust agreement, amounts in the Program may be used only:

(1) to provide financial assistance, including through loans and leases, to finance or refinance the costs of qualified projects and to provide for all or any part of the interest costs on loans made by the Program during the construction of such qualified projects;

(2) to guarantee or purchase insurance or other credit enhancement for bonds of qualified borrowers issued to finance the costs of qualified projects;

(3) to provide reserves for or otherwise secure bonds issued pursuant to this subchapter and to provide insurance or other credit enhancement for such bonds;

(4) to provide a subsidy for, or to otherwise assist, qualified borrowers in the payment of debt service costs on loans made by the Program;

(5) to provide reserves for, or to otherwise secure, amounts payable by qualified borrowers on loans made by and leases with the Program in the event of default by a particular qualified borrower or, on a parity basis, by any qualified borrower;

(6) to earn interest on the Fund; and

(7) for the costs of administering the Program; provided, however, that not more than two percent of the federal funds contributed to the Program pursuant to section 350 of the NHS Act may be expended for such administrative costs.

(b) For necessary and convenient administration of the Fund, the Program shall establish the highway account and the transit account, as provided in section 280n of this title, and one or more additional accounts and sub-accounts within the Vermont Economic Development Authority as shall be necessary to meet the requirements of the NHS Act and any other applicable federal law requirements or as the program shall otherwise deem necessary or desirable in order to implement the provisions of this subchapter or to comply with any trust agreement. The Program may also establish in any trust agreement or otherwise, as the Secretary shall determine, one or more other funds and accounts for revenues and other funds not required to be held in the Program, and to apply and disburse such funds for the purposes of the Program.
10 V.S.A. § 4603 — VT Code / Title 10 / Chapter 111 / Section 4603
§ 4603. Catch limit; exception
Status: in_force

When it is unlawful to take more than a specified number of pounds of any fish in one legal day, the taking of one fish additional by a person having less than the number of pounds specified when taken shall not be regarded as a violation of the provision fixing such limit.
10 V.S.A. § 6602 — VT Code / Title 10 / Chapter 159 / Section 6602
§ 6602. Definitions
Status: repealed

As used in this chapter:

(1) “Secretary” means the Secretary of Natural Resources or his or her duly authorized representative.

(2) “Solid waste” means any discarded garbage; refuse; septage; sludge from a waste treatment plant, water supply plant, or pollution control facility; and other discarded material, including solid, liquid, semi-solid, or contained gaseous materials resulting from industrial, commercial, mining, or agricultural operations and from community activities but does not include animal manure and absorbent bedding used for soil enrichment; high carbon bulking agents used in composting; or solid or dissolved materials in industrial discharges that are point sources subject to permits under the Water Pollution Control Act, chapter 47 of this title.

(3) “Generator” means any person, by site, whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation.

(4) “Hazardous waste” means any waste or combination of wastes of a solid, liquid, contained gaseous, or semi-solid form, including those that are toxic, corrosive, ignitable, reactive, strong sensitizers, or that generate pressure through decomposition, heat, or other means, that in the judgment of the Secretary may cause or contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, taking into account the toxicity of such waste, its persistence and degradability in nature, and its potential for assimilation, or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other living organisms, or any matter that may have an unusually destructive effect on water quality if discharged to ground or surface waters of the State. All special nuclear, source, or by-product material, as defined by the Atomic Energy Act of 1954 as subsequently amended and codified in 42 U.S.C. § 2014, is specifically excluded from this definition.

(5) “Hazardous waste management” means the systematic and comprehensive management of the generation; storage; transport; treatment, including recycling and recovery; or disposal of hazardous waste materials.

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

(7) “Storage” means the actual or intended containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes.

(8) “Transport” or “transportation” means the movement of wastes by air, rail, highway, or water.

(9) “Treatment” means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous or solid waste, so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste safer for transport, amenable for recovery, amenable for storage, or reduced in volume, or for hazardous wastes, so as to render such waste nonhazardous.

(10) “Facility” means all contiguous land, structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of waste. A facility may consist of several treatment, storage, or disposal operational units.

(11) “Sanitary landfill” means a land disposal site employing an engineered method of disposing of solid waste on land in a manner that minimizes environmental hazards by spreading the solid waste in thin layers, compacting the solid waste to the smallest practical volume, and applying and compacting cover material at the end of each operating day.

(12) “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any ground or surface waters.

(13) “Waste” means a material that is discarded or is being accumulated, stored, or physically, chemically, or biologically treated prior to being discarded or has served its original intended use and is normally discarded or is a manufacturing or mining by-product and is normally discarded.

(14) “Economic poison” means:

(A) any substance produced, distributed, or used as a plant regulator, defoliant, or desiccant; and

(B) any substance produced, distributed, or used for preventing, destroying, or repelling any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living human or other animals, which the Commissioner shall declare to be a pest.

(15) [Repealed.]

(16)(A) “Hazardous material” means all petroleum and toxic, corrosive, or other chemicals and related sludge included in any of the following:

(i) any substance defined in section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980;

(ii) petroleum, including crude oil or any fraction thereof;

(iii) hazardous wastes, as determined under subdivision (4) of this section; or

(iv) a chemical or substance that, when released, poses a risk to human health or other living organisms and that is listed by the Secretary by rule.

(B) “Hazardous material” does not include herbicides and pesticides when applied consistent with good practice conducted in conformity with federal, State, and local laws, rules, and regulations and according to manufacturer's instructions. Nothing in this subdivision shall affect the authority granted and the limitations imposed by section 6608a of this title.

(17) “Release” means any intentional or unintentional action or omission resulting in the spilling, leaking, pumping, pouring, emitting, emptying, dumping, or disposing of hazardous materials into the surface or groundwaters, or onto the lands in the State, or into waters outside the jurisdiction of the State when damage may result to the public health, lands, waters, or natural resources within the jurisdiction of the State. “Release” also means the intentional or unintentional action or omission resulting in the spilling, leaking, emission, or disposal of polychlorinated biphenyls (PCBs) from building materials in public schools and approved and recognized independent schools, as those terms are defined in 16 V.S.A. § 11, that were constructed or renovated before 1980.

(18) “Administrative costs” mean those additional costs incurred by an applicant to directly manage the specific planning or implementation project approved in the assistance application.

(19) “Implementation plan” means that plan that is adopted to be consistent with the State solid waste management plan. This plan must include all the elements required for consistency with the State plan and an applicable regional plan and shall be approved by the Secretary. This implementation plan is the basis for State certification of facilities under subsection 6605(c) of this title.

(20) “Regional plan” means that plan that is prepared and adopted in accordance with the provisions of 24 V.S.A. § 4348.

(21) “Municipal plan” means that plan that is prepared and adopted in accordance with the provisions of 24 V.S.A. § 4385.

(22) [Repealed.]

(23) “Secured lender” means a person who holds indicia of ownership in a facility, furnished by the owner or person in lawful possession, primarily to ensure the repayment of a financial obligation. Such indicia include interests in real or personal property that are held as security or collateral for repayment of a financial obligation, such as a mortgage, lien, security interest, assignment, pledge, surety bond, or guarantee, and include participation rights, held by a financial institution solely for legitimate commercial purposes, in making or servicing loans. The term “secured lender” includes a person who acquires indicia of ownership by assignment from another secured lender.

(24) “Municipal solid waste” means combined household, commercial, and industrial waste materials generated in a given area.

(25) “Compost” means a stable humus-like material produced by the controlled biological decomposition of organic matter through active management but shall not mean sewage, septage, or materials derived from sewage or septage.

(26) “Household hazardous waste” means any waste from households that would be subject to regulation as hazardous wastes if it were not from households.

(27) “Closed-loop recycling” means a system in which a product made from one type of material is reclaimed and reused in the production process or the manufacturing of a new or separate product.

(28) “Commercial hauler” means any person that transports:

(A) regulated quantities of hazardous waste; or

(B) solid waste for compensation in a motor vehicle.

(29) “Mandated recyclable” means the following source-separated materials: aluminum and steel cans, aluminum foil and aluminum pie plates, glass bottles and jars from foods and beverages, polyethylene terephthalate (PET) plastic bottles or jugs, high density polyethylene (HDPE) plastic bottles and jugs, corrugated cardboard, white and colored paper, newspaper, magazines, catalogues, paper mail and envelopes, boxboard, and paper bags.

(30) “Leaf and yard residual” means source-separated, compostable untreated vegetative matter, including grass clippings, leaves, kraft paper bags, and brush, that is free from noncompostable materials. It does not include such materials as pre- and postconsumer food residuals, food processing residuals, or soiled paper.

(31) “Food residual” means source-separated and uncontaminated material that is derived from processing or discarding of food and that is recyclable, in a manner consistent with section 6605k of this title. Food residual may include preconsumer and postconsumer food scraps. “Food residual” does not mean meat and meat-related products when the food residuals are composted by a resident on site.

(32) “Source-separated” or “source separation” means the separation of compostable and recyclable materials from noncompostable, nonrecyclable materials at the point of generation.

(33) “Wood waste” means trees, untreated wood, and other natural woody debris, including tree stumps, brush and limbs, root mats, and logs.

(34) “Participation in management” means, for the purpose of subsection 6615(g) of this title, a secured lender's or fiduciary's actual participation in the management or operational affairs of a facility. It does not mean a secured lender's or fiduciary's mere capacity to influence, or unexercised right to control, facility operations. A secured lender or fiduciary shall be considered to have participated in management if the secured lender or fiduciary:

(A) exercises decision-making control over environmental compliance related to the facility, such that the secured lender or fiduciary has undertaken responsibility for hazardous materials handling or disposal practices related to the facility; or

(B) exercises control at a level comparable to that of a manager of the facility, such that the secured lender or fiduciary has assumed or manifested responsibility:

(i) for the overall management of the facility encompassing day-to-day decision making with respect to environmental compliance; or

(ii) over all or substantially all of the operational functions, as distinguished from financial or administrative functions, of the facility other than the function of environmental compliance.

(35) “Regional development corporation” means a nonprofit corporation organized in this State whose principal purpose is to promote, organize, or accomplish economic development, including providing planning and resource development services to local communities, supporting existing industry, assisting the growth and development of new and existing small businesses, and attracting industry or commerce to a particular economic region of the State.

(36) “Regional planning commission” means a planning commission created for a region established under 24 V.S.A. chapter 117, subchapter 3.

(37) “Background concentration level” means the concentration level of PAHs, arsenic, or lead in soils, expressed in units of mass per mass, that is attributable to site contamination caused by atmospheric deposition or is naturally occurring and determined to be representative of statewide or regional concentrations through a scientifically valid means as determined by the Secretary.

(38) “Commencement of construction” means the construction of the first improvement on the land or to any structure or facility located on the land. “Commencement of construction” shall not mean soil testing or other work necessary for assessment of the environmental conditions of the land and subsurface of the land.

(39) “Development soils” means unconsolidated mineral and organic matter overlying bedrock that contains PAHs, arsenic, or lead in concentrations that:

(A) exceed the relevant soil screening level for residential soil;

(B) when managed in compliance with section 6604c, 6605, or 6605c of this title:

(i) pose no greater risk than the Agency-established soil screening value for the intended reuse of the property; and

(ii) pose no unreasonable risk to human health through a dermal, inhalation, or ingestion exposure pathway;

(C) do not leach compounds at concentrations that exceed groundwater enforcement standards; and

(D) do not result in an exceedance of Vermont groundwater enforcement standards.

(40) “Development soils concentration level” means those levels of PAHs, arsenic, or lead expressed in units of mass per mass, contained in the development soils.

(41) “Downtown development district” shall have the meaning stated in 24 V.S.A. § 2791(4).

(42) “Growth center” shall have the meaning stated in 24 V.S.A. § 2793c.

(43) “Neighborhood development area” shall have the meaning stated in 24 V.S.A. § 2793e.

(44) “Origin site” means a location where development soils originate.

(45) “PAHs” means polycyclic aromatic hydrocarbons.

(46) “Receiving site” means a location where development soils are deposited.

(47) “Receiving site concentration level” means those levels of PAHs, arsenic, or lead, expressed in units of mass per mass, that exist in soils at a receiving site.

(48) “TIF district” means a Tax Increment Financing District created by a municipality pursuant to 24 V.S.A. § 1892.

(49) “Village center” shall have the meaning stated in 24 V.S.A. § 2791(10).
10 V.S.A. § 2624 — VT Code / Title 10 / Chapter 83 / Section 2624
§ 2624. Marked timber sales
Status: in_force

(a) The Department of Forests, Parks and Recreation may provide marked timber to Vermont citizens for personal use at a reasonable price to be determined by the Secretary of Natural Resources.

(b) The Commissioner of Forests, Parks and Recreation may establish a firewood-for-homes program. As part of this program, the Commissioner shall designate areas of State-owned lands, situated at various locations throughout the State, that will be available to members of the general public for harvesting firewood for purposes of heating their own homes.
10 V.S.A. § 4571 — VT Code / Title 10 / Chapter 109 / Section 4571
§ 4571. Legislative findings; minor fish and wildlife violations defined
Status: in_force

The General Assembly recognizes that minor fish and wildlife violations must be dealt with fairly but do not require the full weight of the Criminal Justice System. Minor fish and wildlife violations do not involve terms of imprisonment or substantial monetary penalties and persons who commit minor fish and wildlife violations should not be treated as criminal offenders. The purpose of this subchapter is to treat minor fish and wildlife violations as civil violations, removing them from the criminal courts and removing the label of criminality from those who commit them.
10 V.S.A. § 6621b — VT Code / Title 10 / Chapter 159 / Section 6621b
§ 6621b. Regulation of certain dry cell batteries
Status: in_force

(a) Prohibition. A person may not place in mixed municipal solid waste a dry cell battery containing mercuric oxide electrode, nickel-cadmium, or sealed lead acid that was purchased for use or used by a government agency, or an industrial, communications, or medical facility.

(b) User responsibility. Each government agency, or industrial, communications, or medical facility shall collect and segregate, by chemical type, its batteries that are subject to this prohibition and shall return each segregated collection either to the supplier that provided the facility with that type of battery or to a collection facility designated by the manufacturer of that battery or battery-powered product.

(c) Manufacturer responsibility.

(1) A manufacturer of batteries subject to subsection (a) of this section shall:

(A) ensure that a system for the proper collection, transportation, and processing of waste batteries exists for purchasers in Vermont;

(B) clearly inform each purchaser of the prohibition on disposal of waste batteries and of the system or systems for proper collection, transportation, and processing of waste batteries available to the purchaser.

(2) To ensure that a system for the proper collection, transportation, and processing of waste batteries exists, a manufacturer shall:

(A) identify a collection chain through which the batteries should be returned to the manufacturer or to a manufacturer-designated collection site; and

(B) accept waste batteries returned to its manufacturing facility.

(3) A manufacturer shall ensure that the cost of proper collection, transportation, and processing of the waste batteries is included in the sales transaction or agreement between the manufacturer and any purchaser.

(4) A manufacturer that has complied with this subsection is not liable under subsection (a) of this section for improper disposal by a person other than the manufacturer of waste batteries.

(d) Battery requirements.

(1) The manufacturer of a button cell battery that is to be sold at retail in this State shall ensure that each battery is clearly identifiable as to the type of electrode used in the battery.

(2)(A) A manufacturer may not sell at retail, distribute for retail sale, or offer for retail sale in this State an alkaline manganese battery that contains more than 0.30 percent mercury by weight, or after February 1, 1992, 0.025 percent mercury by weight. Effective January 1, 1996, alkaline manganese and zinc carbon batteries may not be sold at retail in this State if they contain any added mercury.

(B) On application by a manufacturer, the Secretary may exempt a specific type of battery from the requirements of subdivision (d)(2)(A) of this section if there is no battery meeting the requirements that can be reasonably substituted for the battery for which the exemption is sought. The manufacturer of a battery exempted by the Secretary under this subdivision is subject to the requirements of subsection (c) of this section.

(C) Notwithstanding subdivision (d)(2)(A) of this section, a manufacturer may not sell at retail, distribute for retail sale, or offer for retail sale in this State after January 1, 1992, a button cell alkaline manganese battery that contains more than 25 milligrams of mercury.

(3) Effective January 1, 1993, no button battery containing mercury may be sold at retail in this State unless it contains less than 25 milligrams of mercury.

(e) Rechargeable batteries for tools and appliances.

(1) A manufacturer may not sell at retail, distribute for retail sale, or offer for retail sale in this State a rechargeable consumer product powered by a nickel-cadmium or small sealed lead battery unless:

(A) the battery can be easily removed by the consumer or is contained in a battery pack that is separate from the product and can be easily removed; and

(B) the product, the battery itself, and the package containing a consumer product each, are labeled in a manner that is clearly visible to the consumer, indicating that the battery must be recycled or disposed of properly and that the type of electrode used in the battery is clearly identifiable.

(2) “Rechargeable consumer product” as used in this subsection means any product that contains a rechargeable battery and is primarily used or purchased to be used for personal, family, or household purposes.

(3) On application by a manufacturer, the Secretary may exempt a rechargeable consumer product from the requirements of this subsection if:

(A) the product cannot be reasonably redesigned or manufactured to comply with the requirements prior to July 1, 1993;

(B) the redesign of the product to comply with the requirements would result in significant danger to public health and safety; or

(C) the battery poses no unreasonable hazard when placed in and processed or disposed of as part of mixed municipal solid waste.

(4) An exemption granted by the Secretary under subdivision (e)(3)(A) of this section must be limited to a maximum of two years and may be renewed.
10 V.S.A. § 1102 — VT Code / Title 10 / Chapter 43 / Section 1102
§ 1102. Federal receipts, distribution
Status: in_force

All sums of money that the State receives from the United States under the provisions of section 701c-3 of Title 33 of the United States Code, as the same may be amended, being a portion of the rentals of property acquired and owned by the United States for purposes of flood control dams and reservoirs, shall be distributed to the municipality or political subdivision in which the dams and reservoirs are located. The Department shall administer payment of money so received and the Commissioner of Finance and Management shall issue his or her warrants on orders of the Department.
10 V.S.A. § 1981 — VT Code / Title 10 / Chapter 64 / Section 1981
§ 1981. Surface water source; potable water supply
Status: in_force

The Secretary shall approve the use of a surface water as the source of a potable water supply under this chapter if the following conditions are satisfied:

(1) the building or structure using the surface water as a source is a single-family residence occupied by the owner of record;

(2) only one single-family residence shall be served by a potable water supply using a surface water as a source;

(3) a single-family residence with a potable water supply using a surface water as a source shall not be used as the site of a home occupation that employs persons other than family members and is visited by the public in a manner or duration that would presume the need for use of a potable water supply;

(4) a professional engineer shall design the potable water supply using a surface water as a source, including a treatment system for the surface water;

(5) only surface waters that meet criteria adopted by the Secretary by rule are eligible as the source of a potable water supply permitted under this chapter; and

(6) the applicant or permit holder shall comply with other criteria and requirements adopted by the Secretary by rule for potable water supplies using a surface water as a source.
10 V.S.A. § 6641 — VT Code / Title 10 / Chapter 159 / Section 6641
§ 6641. Brownfield Property Cleanup Program; creation; powers
Status: in_force

(a) There is created the Brownfield Property Cleanup Program to enable certain interested parties to request the assistance of the Secretary to review and oversee work plans for investigating, abating, removing, remediating, and monitoring a property in exchange for protection from certain liabilities under section 6615 of this title. The Program shall be administered by the Secretary who shall:

(1) Specify an appropriate amount or type of insurance, require the posting of a bond or other form of financial assurance, or establish other qualifications for persons carrying out activities related to the Cleanup Program.

(2) Contract with private engineers, hydrologists, and site professionals to provide the investigation and review required by this subchapter. The contract may be financed from the oversight fees established in subdivision 6644(5) of this title or may bill an applicant who is not liable under subdivision 6615(a)(1) of this title for the services.

(3) Release an applicant from State liability, provided the applicant is in compliance with this subchapter.

(b) After approval of a site investigation work plan or a corrective action plan, the Secretary shall notify the person of any future requirements under this subchapter, including a tentative schedule of processing times.

(c) When conducting any review required by this subchapter, the Secretary shall prioritize the review of remediation at a site that contains housing or that is planned for the construction or rehabilitation of single-family or multi-family housing.
10APPENDIX V.S.A. § 2 — VT Code / Title 10APPENDIX / Chapter 1 / Section 2
App. § 2. Report, big game
Status: in_force

(a) Unless otherwise specified in the 10 App. V.S.A. section relating to the specific big game species, a person taking big game, as defined by 10 V.S.A. § 4001(31), pursuant to the seasons provided by law or regulation of the Fish and Wildlife Board, shall within 48 hours report the taking and exhibit the carcass in the manner required by the Commissioner. The Commissioner may authorize a person taking big game to report in the following manners including but not limited to; electronic reporting via email or website or mobile application, telephone, or in-person reporting. The Commissioner may waive the exhibition of the carcass unless requested by a warden. The Commissioner shall publish the reporting and exhibition requirements.

(b) Notwithstanding the reporting requirements of 10 App. V.S.A. § 7 subsection 8.3 of the Bear Management Rule and 10 App. V.S.A. § 33 subsection 14.3 of the Moose Management Rule, in the event of an emergency, the Commissioner may authorize any person who takes big game to report and exhibit the carcass in the manner required by the Commissioner. The Commissioner shall publish the reporting and exhibition requirements during the emergency period. For the purposes of this section, “emergency” shall mean “a serious, unexpected, and dangerous situation that poses a threat to public health or safety, or to wildlife or natural resources, and requires immediate action.”

(c) No big game carcass shall be transported out of the State without first being reported as required herein.

(d) The Commissioner shall pay to the authorized agent a fee of $1.00 for each report taken on species where reports are required by law.
10 V.S.A. § 802 — VT Code / Title 10 / Chapter 33 / Section 802
§ 802. Formation of supervisory union
Status: in_force

The State Natural Resources Conservation Council, on petition from two or more districts, may combine several districts into a supervisory union after having determined that such a union is feasible, and in the best interests of the people in the district. The Council may hold hearings and receive testimony from landowners with lands lying within the bounds of the proposed supervisory union. If the Council determines that a union is administratively practicable, feasible, and in the public interest it shall so indicate in its minutes and proceed with the organization.
10 V.S.A. § 597 — VT Code / Title 10 / Chapter 24A / Section 597
§ 597. The Climate Superfund Cost Recovery Program
Status: in_force

There is hereby established the Climate Superfund Cost Recovery Program administered by the Climate Action Office of the Agency of Natural Resources. The purposes of the Program shall be all of the following:

(1) to secure compensatory payments from responsible parties based on a standard of strict liability to provide a source of revenue for climate change adaptation projects within the State;

(2) to determine proportional liability of responsible parties;

(3) to impose cost recovery demands on responsible parties and issue notices of cost recovery demands;

(4) to accept and collect payment from responsible parties;

(5) to develop, adopt, implement, and update the Strategy that will identify and prioritize climate change adaptation projects; and

(6) to disperse funds to implement climate change adaptation projects identified in the Strategy.
10 V.S.A. § 4861 — VT Code / Title 10 / Chapter 113 / Section 4861
§ 4861. Fur-bearing animals; taking; possession
Status: in_force

(a) Fur-bearing animals shall not be taken except in accordance with the provisions of this part and of rules of the Board. The fur or skins of fur- bearing animals may be possessed at any time unless otherwise provided by this part, rules of the Board, or orders of the Commissioner.

(b) On or before January 1, 2024, the Fish and Wildlife Board shall revise the rules regulating the trapping of fur-bearing animals in the State. The revised rules shall be at least as stringent as best management practices for trapping recommended by the Department of Fish and Wildlife to the General Assembly.

(c) On or before January 1, 2024 and annually thereafter, the Commissioner of Fish and Wildlife shall submit in writing to the House Committee on Environment and the Senate Committee on Natural Resources and Energy information regarding the species and number of nontarget animals killed or injured by trapping in the preceding calendar year.
10 V.S.A. § 4146 — VT Code / Title 10 / Chapter 103 / Section 4146
§ 4146. Public shooting grounds; establishment
Status: in_force

The Commissioner may establish public shooting grounds on land acquired or controlled by and under the jurisdiction of the Department. The Commissioner may, for a specified period of time, prohibit or regulate the taking of wild animals in accordance with law on any part or parts of such lands. He or she may also make such regulations as may be necessary for the proper protection and management of such lands. At least 30 days before such a prohibition or regulation takes effect, she or he shall file a copy of same in the office of the town clerk of the town in which such lands lie, and shall cause the same to be published three times in a newspaper having general circulation in such area. Any part or parts of such shooting grounds which are closed against the taking of game shall be surrounded by suitable notices, as prescribed by the Commissioner, placed at conspicuous places along such boundaries.
10 V.S.A. § 4574 — VT Code / Title 10 / Chapter 109 / Section 4574
§ 4574. Procedure
Status: in_force

Minor fish and wildlife violations shall be heard by the Bureau and the procedure shall be as provided in 4 V.S.A. chapter 29.
10 V.S.A. § 5103 — VT Code / Title 10 / Chapter 117 / Section 5103
§ 5103. Marking for transportation
Status: in_force

Fish, wildlife, and fur-bearing animals, or a package containing the same, if placed in the custody of a common carrier, shall have affixed thereto a tag plainly marked with the name of the consignor and consignee, the kind and number of such game and fur-bearing animals and the kind and weight of such fish, the name of the station whence the shipment is made, and its destination, except as otherwise provided.
10 V.S.A. § 6107 — VT Code / Title 10 / Chapter 151 / Section 6107
§ 6107. Transportation Improvement District Fund
Status: in_force

(a) There is created a special fund within the Transportation Fund known as the Transportation Improvement District Fund. The Agency shall deposit into the District Fund each transportation impact fee it receives under this subchapter. The Agency shall administer the District Fund.

(b) Balances in the District Fund shall be expended only for the purposes authorized in this subchapter and shall not be used for the general obligations of government. All balances in the District Fund at the end of any fiscal year shall be carried forward and remain within the District Fund. Interest earned by the District Fund shall be deposited in the District Fund.

(c) The Agency shall provide to the Treasurer an annual accounting of each TID and associated transportation impact fee for that district showing the source, the amount collected, each project that was funded or that will be funded with the fee, and the amount expended.
10 V.S.A. § 4149 — VT Code / Title 10 / Chapter 103 / Section 4149
§ 4149. State Ornithologist
Status: in_force

The Commissioner, by virtue of his or her office, shall be State Ornithologist and as such may employ, subject to the approval of the Governor, one or more assistants.
10 V.S.A. § 1419 — VT Code / Title 10 / Chapter 48 / Section 1419
§ 1419. Circumvention
Status: in_force

The Secretary may require a person to report under section 1417 of this title or obtain a permit under section 1418 of this title when the Secretary, in his or her discretion, determines that a withdrawal, subdivision of land, transfer of property, or other action is intended to circumvent the requirements of this subchapter.
10 V.S.A. § 929 — VT Code / Title 10 / Chapter 37 / Section 929
§ 929. Clean water project technical assistance
Status: in_force

The Secretary shall provide technical assistance upon the request of any person who, under this chapter, receives a grant or is a subgrantee of funds to implement a clean water project.
10APPENDIX V.S.A. § 123 — VT Code / Title 10APPENDIX / Chapter 2 / Section 123
App. § 123. Commercial Angling Rule [Effective January 1, 2026]
Status: in_force

1.0 Authority.

1.1 This rule is adopted pursuant to 10 V.S.A. § 4083 and 10 V.S.A. § 4611. This rule implements 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 In accordance with 10 V.S.A. § 4083 and 10 V.S.A. § 4611 this rule establishes requirements related to purchase and sale of fish including, but not limited to, prohibiting fish species, seasons, limits, reporting requirements and possible permit requirements.

2.0 Purpose.

The purpose of this rule is to:

2.1 Establish the conditions for anglers to sell legally harvested approved fish species.

2.2 Establish the process and requirements for businesses and/or individuals to purchase fish legally harvested by anglers.

2.3 Establish a list of fish species in addition to those listed in 10 V.S.A. § 4611 that are prohibited for sale by anglers.

3.0 Definitions.

3.1 Angler — Any person engaged in the take or attempted take of fish, by any method.

3.2 Buyer — Any person engaged in the purchase of fish harvested within this state.

3.3 Legally Harvested — Any fish species harvested by any lawful methods approved under the provisions of this part.

3.4 Seller — Any person engaged in the sale of fish harvested within this State.

4.0 Selling Fish.

4.1 No angler shall sell fish species which are not legally harvestable or are listed in 10 V.S.A. § 4611 or in Section 6.0 of this rule.

4.2 Anglers shall provide information about their commercial fishing activity to the Department as required by the Commissioner. The holder of a Fish Seller's Endorsement shall submit a report to the Commissioner that shall include but not be limited to pounds of fish sold for each size group by species.

4.3 No angler may sell fish in the state of Vermont without first obtaining a valid Vermont fishing license, and a Fish Seller's Endorsement.

5.0 Buying Fish.

5.1 No person or business shall buy fish for resale without a Fish Buyer Permit issued by the Commissioner.

5.2 No person or business shall buy fish species which are not legally harvestable or are listed in 10 V.S.A. § 4611 or in Section 6.0 of this rule.

5.3 A Fish Buyer Permit shall be effective from January 1 through December 31.

5.4 A holder of Fish Buyer Permit must submit quarterly reports as required by the Commissioner. Reports shall include but not be limited to pounds purchased for each size group by species (Jan-Mar; April-June; July-Sep; Oct-Dec). The reports will include information from all species purchased. Additionally, the percentage of purchased amount from Lake Champlain shall be broken out and reported separately.

5.5 The Fish Buyer's reports shall be submitted within 30 days of the last day of the quarter (March 31, June 30, September 30, December 31).

5.6 The Fish Buyer Permit provides Fish Buyer an exemption from specific creel/possession limits. This exemption to creel and possession limits is restricted to the address specified above under “Business Location”, which is defined as an established immobile place of business (not directly on the ice or on any public waters or public access areas), and the transport of legally bought and/or sold fish within the State of Vermont, from the Permitted Fish Buyer's Business Location.

5.7 Failure to comply with these rules, including submission of complete reports or falsifying reports, may result in the revocation of a Fish Buyer Permit or Fish Seller's Endorsement.

6.0 List of Species Prohibited for sale and purchase.

6.1 Black Crappie Pomoxis nigromaculatus

6.2 White Crappie Pomoxis annularis

• Species listed in 10 V.S.A. § 4611.
10 V.S.A. § 914 — VT Code / Title 10 / Chapter 37 / Section 914
§ 914. Wetlands determinations
Status: repealed

(a) The Secretary may, upon a petition or on his or her own motion, determine whether any wetland is a Class II or Class III wetland. Such determinations shall be based on an evaluation of the functions and values set forth in subdivision 905b(18)(A) of this title and the rules of the Department.

(b) The Secretary may establish the necessary width of the buffer zone of any Class II wetland as part of any wetland determination pursuant to the rules of the Department.

(c) The provisions of chapter 170 of this title shall apply to issuance of determinations under this section.

(d) [Repealed.]

(e) The Secretary may recommend to the panel that a wetland be classified as a Class I wetland under section 915 of this title.
10 V.S.A. § 628 — VT Code / Title 10 / Chapter 25 / Section 628
§ 628. Mortgage credit certificates
Status: in_force

In addition to other powers granted in this chapter, the Agency shall have the power to establish a qualified mortgage credit certificate program and to issue mortgage credit certificates as provided in this section. The terms “qualified mortgage credit certificate program” and “mortgage credit certificate” shall have the meaning prescribed in Section 25 of the Internal Revenue Code, as amended. Before establishing a qualified mortgage credit certificate program, the Agency shall determine that to do so will effectuate the purposes of this chapter. In carrying out such a program, the Agency shall have the power to take all appropriate actions for such purpose, including formulating and implementing administration procedures, making all necessary reports and filings, and electing not to issue bonds or notes otherwise authorized by this chapter. In lieu of the requirements of this chapter applicable to the purchase and sale by the Agency of mortgage loans and rehabilitation loans, any qualified mortgage certificate program established by the Agency shall comply with and be subject to the provisions of Section 25 of the Internal Revenue Code, as amended, and regulations thereunder as in effect from time to time. Any rule, regulation, practice, policy, or procedure adopted by the Agency for the purpose of implementing or administering a mortgage credit certificate program shall not be subject to the requirements of 3 V.S.A. chapter 25.
10 V.S.A. § 2352 — VT Code / Title 10 / Chapter 77 / Section 2352
§ 2352. Administration
Status: in_force

The park shall be under the administration of the Department of Forests, Parks and Recreation.
10 V.S.A. § 6301a — VT Code / Title 10 / Chapter 155 / Section 6301a
§ 6301a. Definitions
Status: in_force

As used in this chapter:

(1) “State agency” means the Agency of Natural Resources or any of its departments, Agency of Transportation, Agency of Agriculture, Food and Markets, or Vermont Housing and Conservation Board.

(2) “Qualified organization” means:

(A) an organization qualifying under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which is not a private foundation as defined in Section 509(a) of the Internal Revenue Code, and which has been certified by the Commissioner of Taxes as being principally engaged in the preservation of undeveloped land for the purposes expressed in section 6301 of this title.

(B) an organization qualifying under Section 501(c)(2) of the Internal Revenue Code of 1986, as amended, provided such organization is controlled exclusively by an organization or organizations described in subdivision (2)(A) of this section.

(3) “Taxation” and “tax” means ad valorem taxes levied by the State and its municipalities.
10 V.S.A. § 327 — VT Code / Title 10 / Chapter 15A / Section 327
§ 327. Definitions
Status: in_force

As used in this chapter:

(1) “Sustainable jobs” is defined as jobs created from business strategies and activities that meet the needs of the enterprise and its stakeholders today while protecting and sustaining the human and natural resources that will be needed in the future.

(2) “Eligible activity” means any activity that will carry out the dual purposes of creating quality jobs, as defined by the ten-year economic development plan adopted by the Agency of Commerce and Community Development, and conserving and preserving Vermont's social and natural environment, including activities which will encourage or assist, but are not limited to:

(A) the start-up or expansion of the small business and micro-business sector; and

(B) existing businesses striving to minimize their impact and waste through environmentally sound products and processes.

(3) “Eligible applicant” means any for profit or nonprofit business entity that fulfills the purposes of this chapter.
10 V.S.A. § 1416 — VT Code / Title 10 / Chapter 48 / Section 1416
§ 1416. Definitions
Status: in_force

As used in this subchapter:

(1) “Farming” means farming as the term is defined in subdivision 6001(22) of this title.

(2) “Groundwater” means water below the land surface, including springs.

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

(4) “Spring” means a groundwater source where groundwater flows naturally to the surface of the earth and is collected with a developed structure that is designed to locate or extract groundwater.

(5) “Surface water” means waters within the meaning of subdivision 1251(13) of this title.

(6) “Water resources” means groundwater or surface water.

(7) “Well” means any hole drilled, driven, bored, excavated, or created by similar method into the earth to locate, monitor, extract, or recharge groundwater where the water table or potentiometric surface is artificially lowered through pumping.

(8) “Withdraw” or “withdrawal” means the intentional removal by any method or instrument of groundwater from a well, spring, or combination of wells or springs.
10 V.S.A. § 1160 — VT Code / Title 10 / Chapter 45 / Section 1160
§ 1160. Compact effective, when; notice of ratification-Article IX
Status: in_force

This compact shall become operative and effective when ratified by the Commonwealth of Massachusetts and the States of New Hampshire, Vermont and Connecticut and approved by the Congress of the United States. Notice of ratification shall be given by the governor of each state to the governors of other states and to the President of the United States, and the President of the United States is requested to give notice to the governors of each of the signatory states of approval by the Congress of the United States.
10 V.S.A. § 1626b — VT Code / Title 10 / Chapter 55 / Section 1626b
§ 1626b. Municipal water pollution control grants
Status: in_force

(a) Projects. The Secretary may award State assistance grants to municipalities for water pollution abatement and control facilities.

(b) Application. The Secretary shall prescribe the form of application to apply for a grant under this section. The application shall include:

(1) a description of the project;

(2) a schedule for project implementation;

(3) an estimate of the project cost;

(4) the information necessary for the Secretary to determine the grant amount using the criteria described in section 1628 of this title;

(5) whether the project requires a permit under chapter 151 of this title; and

(6) any other information that the Secretary deems necessary to implement this section.

(c) Grant award. The Secretary shall make grant awards pursuant to the project priority system adopted under section 1628 of this title in an amount not to exceed 35 percent of eligible project costs. The Secretary shall not award a grant under this section until the applicant provides a permit or jurisdictional opinion that a permit is not required, issued pursuant to chapter 151 of this title.

(d) Payment of awards. Payment of awards shall be made pursuant to section 1627 of this title.
10 V.S.A. § 4827 — VT Code / Title 10 / Chapter 113 / Section 4827
§ 4827. Black bear doing damage
Status: repealed

(a)(1) Except as provided in subdivision (2) of this subsection and in subsection 4827a(b) of this title, a person, an authorized member of the person's family, or the person's authorized regular on-premise employee may, after attempting reasonable nonlethal measures to protect his or her property, take on land owned or occupied by the person a bear that he or she can prove was doing damage to the following:

(A) livestock, a pet, or another domestic animal;

(B) bees or bee hives;

(C) a vehicle, building, shed, or any dwelling; or

(D) a crop or crop-bearing plant other than grass.

(2)(A) The requirements of subdivision (1) of this subsection shall not apply in exigent circumstances. As used in this subdivision, “exigent circumstances” means the need for immediate protection of a person, livestock, pet, domestic animal, or occupied dwelling.

(B) Landowners or lessees subject to bear damage in unharvested cornfields shall be exempt from having to first use nonlethal control measures prior to taking a black bear doing damage under subdivision (a)(1) of this section.

(b) A person authorized to take a bear under subsection (a) of this section may designate one individual who holds a resident Vermont hunting license as an agent to take a bear doing damage on his or her behalf. The person may not offer or accept any form of payment to or from the agent under this subsection except as allowed in subsection (e) of this section.

(c) A person who wounds or kills a bear pursuant to this section shall immediately report the wounding or killing to a game warden. Within 12 hours of the wounding or killing, the person who performed the act shall submit a written, signed report relating the date, time, place, and reason for the wounding or killing to a game warden.

(d) A person who kills a bear under this section shall immediately properly dress the carcass and care for the meat.

(e) The game warden shall immediately investigate the case and if satisfied that the bear was taken as provided in this section, the warden shall give the person who owns or occupies the land a certificate of his or her finding in the matter. The certificate shall entitle the person who owns or occupies the land to the ownership of the carcass. However, the person may not sell or give away the carcass except to offer all or a portion of it to an agent designated under subsection (b) of this section as compensation for killing the bear. Any carcass not desired for home consumption in the household of the certificate holder or designated agent shall be turned over to a game warden.

(f) [Repealed.]

(g) The Commissioner is authorized to issue an order requiring a person to contain food which has the effect of luring a bear onto property owned or occupied by the person. In this subsection, food does not include a crop, a crop bearing plant, or livestock. The order shall include specific measures which would constitute containing the food and the date by which the food shall be contained. Containing food means to prevent a bear from having access to the food. Following issuance of an order under this subsection, a person who fails to contain the food may not shoot a bear causing damage pursuant to this section. However, if the person contains the food and a bear continues to do damage pursuant to subsection (a) of this section, 30 days or more after containment, the person may take the bear pursuant to this section.

(h) A person who shoots a bear in violation of subsection (g) of this section or subsection 4827a(b) of this title may be fined up to $2,000.00. A person who does not remove bait or contain food following an order issued under subsection (g) of this section or subsection 4827a(b) may be fined up to $1,000.00.
10 V.S.A. § 1936 — VT Code / Title 10 / Chapter 59 / Section 1936
§ 1936. Licensure of tank inspectors
Status: in_force

(a) The Secretary may establish a process for licensing persons to perform tank integrity demonstrations, as provided by this section. Under that process, the Secretary shall charge a fee, in accordance with 3 V.S.A. § 2822. The Secretary shall license persons who demonstrate to the satisfaction of the Secretary that they possess the ability to perform tank integrity demonstrations. This demonstration of ability may consist of written and field examinations and may establish different types of licenses for different types of demonstrations. No person shall be required to obtain a license in order to carry out duties as a State employee.

(b) After offering opportunity for hearing before the Secretary or a hearing officer, the Secretary may revoke the license of any tank inspector who has committed fraud or deceit in obtaining licensure or submitting an application or who has demonstrated gross negligence or incompetence in performing a tank integrity demonstration or in other work relating to a tank integrity demonstration.
10 V.S.A. § 1674 — VT Code / Title 10 / Chapter 56 / Section 1674
§ 1674. Certification of water system operators
Status: in_force

(a)(1) The Secretary shall by rule establish processes and criteria for:

(A) the classification of public water systems for the purpose of certifying operators; and

(B) the certification of persons qualified to operate specific classes of public water systems.

(2) The rules shall minimize the regulatory burden on smaller systems, to the extent allowable by State and federal law.

(b)(1) The Secretary may suspend or revoke a certificate granted under this section, after notice and opportunity to be heard, if the Secretary finds that the certificate holder has:

(A) submitted materially false or materially inaccurate information; or

(B) violated any material requirement, restriction, or condition of the certificate.

(2) The Secretary shall set forth what steps, if any, may be taken by the certificate holder to relieve the holder of the suspension or enable the certificate holder to reapply for certification if a previous certificate has been revoked.
10 V.S.A. § 547 — VT Code / Title 10 / Chapter 22A / Section 547
§ 547. Work-Based Learning and Training Program
Status: in_force

(a) Vermont Work-Based Learning and Training Program. The Department of Labor shall develop the statewide Work-Based Learning and Training Program that serves transitioning secondary and postsecondary students and Vermonters seeking work-based experience as part of a career experience or change and is designed to:

(1) support Vermonters who are graduating from postsecondary education or a secondary CTE program or who are pursuing a career change with a paid on-the-job work experience lasting 12 weeks or fewer;

(2) establish a statewide platform available to all employers to list their internships, returnships, pre-apprenticeships, and registered apprenticeship opportunities and for jobseekers to view and access information about specific opportunities; and

(3) support employers by providing them with assistance in developing and implementing meaningful work-based learning and training opportunities.

(b) Definitions. As used in this section:

(1) “Internship” means a work-based learning experience with an employer where the participant may, but does not necessarily, receive academic credit.

(2) “Returnship” means an on-the-job learning experience for an individual who is returning to the workforce after an extended absence or is seeking a limited-duration on-the-job work experience in a different occupation or occupational setting as part of a career change.

(c) Activities. The Department may use funds appropriated to it for the Program to:

(1) build and administer the Program;

(2) develop an online platform that will connect students and jobseekers with work-based learning and training opportunities within Vermont;

(3) support work-based learning and training opportunities with public and private employers available to prospective workers located in or relocating to Vermont;

(4) promote work-based learning and training as a valuable component of a talent pipeline; and

(5) assist employers in developing meaningful work-based learning and training opportunities.

(d) Data. The Department shall collect the following data:

(1) the total number of participants served;

(2) the number of participants who received wage assistance or other financial assistance as part of this Program and their employment status one year after completion;

(3) the average wage of participants in subdivision (2) of this subsection at the start of the Program and the average wage of participants one year after completion;

(4) the number of work-based learning or training opportunities listed on the platform; and

(5) the number of employers who offered a work-based learning or training opportunity.

(e) State participation. The Department shall engage appropriate State agencies and departments to expand Program opportunities with State government and with entities awarded State contracts.

(f) Reporting. On or before February 15, 2023, the Department shall report Program data to the relevant committees of jurisdiction.
10 V.S.A. § 4707 — VT Code / Title 10 / Chapter 113 / Section 4707
§ 4707. Traps; notice
Status: in_force

A person who intends to set a trap for any animal on the property of another shall, prior to setting the trap, notify the owner of the property of his or her intention to set the trap and of the prospective location of the trap. The owner of the property may, at any time, refuse to grant permission to set a trap or revoke the permission if previously granted.
10 V.S.A. § 666 — VT Code / Title 10 / Chapter 27 / Section 666
§ 666. Reimbursement procedures
Status: in_force

(a) Upon receipt in writing of satisfactory evidence of program progress and funds expended or committed, the Vermont Department of Tourism and Marketing shall reimburse the organization according to its matching fund contract. Within 60 days of completion of the program, each grant recipient shall provide the Vermont Department of Tourism and Marketing with the following:

(1) a completed program evaluation report on a form supplied by the Department of Tourism and Marketing,

(2) copies of all advertisements purchased,

(3) samples of any promotional material used in the program, and

(4) any other information requested by the Department of Tourism and Marketing.

(b) The Commissioner of Tourism and Marketing, may, as he or she sees fit, request interim reports on the progress of programs.
10 V.S.A. § 1095 — VT Code / Title 10 / Chapter 43 / Section 1095
§ 1095. Unsafe dam; petition; hearing; emergency
Status: in_force

(a) On receipt of a petition signed by not fewer than 10 interested persons or the legislative body of a municipality, the Department shall, or upon its own motion it may, institute investigations by an engineer as described in section 1087 of this title regarding the safety of any existing nonfederal dam or portion of the dam of any size. The Department may fix a time and place for hearing and shall give notice in the manner it directs to all interested persons. The engineer shall present the engineer's findings and recommendations at the hearing. After the hearing, if the Department finds that the nonfederal dam or portion of the dam as maintained or operated is unsafe or is a menace to people or property above or below the dam, it shall issue an order directing reconstruction, repair, removal, breaching, draining, or other action it considers necessary to improve the safety of the dam sufficiently to protect life and property as required by the Department.

(b) If, upon the expiration of a date as may be ordered, the person owning legal title to the dam or the owner of the land on which the dam is located has not complied with the order directing the reconstruction, repair, breaching, removal, draining, or other action of the unsafe dam, the Department may petition the Superior Court in the county in which the dam is located to enforce its order or exercise the right of eminent domain to acquire the rights that may be necessary to effectuate a remedy as the public safety or public good may require. If the order has been appealed, the court may prohibit the exercise of eminent domain by the Department pending disposition of the appeal.

(c) If, upon completion of the investigation described in subsection (a) of this section, the Department considers the dam to present an imminent threat to human life or property, it shall take whatever action it considers necessary to protect life and property and subsequently shall conduct the hearing described in subsection (a) of this section.
10 V.S.A. § 4656 — VT Code / Title 10 / Chapter 112 / Section 4656
§ 4656. Officers; office; and reimbursement for travel-Article V
Status: in_force

The Commission shall elect from its number a Chair and a Vice Chair and at its pleasure may remove such officers. Said Commission shall adopt rules and regulations for the conduct of its business. At such time as funds are available to the Commission, the Commission may establish and maintain an office for the transaction of its business. The Commission may meet at any time or place but must meet at least semiannually.

The Commission shall have the authority to expend money from available Commission funds to reimburse its membership for necessary travel expenses.
10 V.S.A. § 916 — VT Code / Title 10 / Chapter 37 / Section 916
§ 916. Update of Vermont Significant Wetlands Inventory maps
Status: in_force

(a) On or before January 1, 2026, and not less than annually thereafter, the Agency of Natural Resources shall update the Vermont Significant Wetlands Inventory (VSWI) maps. The annual updates to the VSWI shall include integration of georeferenced shapefiles or similar files for all verified delineations performed within the State and submitted to the Agency of Natural Resources as part of a permit application, as well as a wetlands determination issued under section 914 of this title and rulemaking conducted pursuant to section 915 of this title. The VSWI layer shall include integration of any additional town specific inventories of otherwise unmapped wetlands performed by consultants on the Agency's Wetland Consultant List if the consultant has presented the map to a municipality or the Agency of Natural Resources.

(b) On or before January 1, 2030, the Secretary of Natural Resources shall complete High Quality Wetlands Inventory (NWI) Plus level mapping for all of the tactical basins in the State. The high-quality mapping shall include a ground truthing component, as recommended by the U.S. Fish and Wildlife Service (USFWS). Once all tactical basins are mapped, the Agency shall evaluate the need for NWI Plus level map updates on a five-year cycle, simultaneously with updates to the corresponding tactical basin plan.
10 V.S.A. § 1003 — VT Code / Title 10 / Chapter 41 / Section 1003
§ 1003. Conference; recommendations
Status: in_force

Whenever, in the opinion of the Department, it appears that the artificial regulation of stream flow as maintained by any person threatens the public interest or welfare or an emergency exists or is threatened, the Department may call to conference the owner or owners of the dam causing the artificial regulation and other persons having an interest therein, for the purpose of seeking cooperation in altered regulation to minimize damage to the public interest under the policy of this chapter. As a result of the conference, the Department may require action be taken by the person owning the dam with respect to the release of water as it may consider necessary and proper in the public interest, and shall issue findings of fact developed at the conference. For dams or diversions not licensed under 16 U.S.C. § 800, existing permits may be amended where those permits do not contain conditions with respect to minimum stream flow. For federally licensed facilities, the Secretary may negotiate the modification of stream flow, and if the Secretary's recommendations are not agreed to, the Secretary may petition the Federal Energy Regulatory Commission (FERC) for license amendments.
10 V.S.A. § 4714 — VT Code / Title 10 / Chapter 113 / Section 4714
§ 4714. Importation and possession of animals for hunting
Status: in_force

(a) A person shall not import or possess any live animal for the purpose of taking by hunting unless the Commissioner has issued the person an importation and possession permit. The Fish and Wildlife Board shall adopt rules necessary to establish, implement, and enforce the permit and permit process.

(b) An application for a permit shall be accompanied by a certificate of veterinary inspection certifying that the animal has been inspected, is not showing signs of contagious diseases, and has been inventoried, registered, and tested in accordance with rules of the Secretary of Agriculture, Food and Markets. The Commissioner of Fish and Wildlife may inspect animals being imported under an importation and possession permit and may dispose of unlawfully imported or possessed animals. The State may collect treble damages for expenses incurred in enforcing a violation of this subsection.
10 V.S.A. § 6044 — VT Code / Title 10 / Chapter 151 / Section 6044
§ 6044. Public hearings
Status: in_force

(a) The Board shall hold public hearings for the purpose of collecting information to be used in establishing the Capability and Development Plan and Interim Land Capability Plan. The public hearings may be held in an appropriate area or areas of the State and shall be conducted according to rules to be established and published by the Board.

(b) The Board may, on its own motion or on petition of an interested agency of the State or any regional or local planning commission, hold such other hearings as it may deem necessary from time to time for the purpose of obtaining information necessary or helpful in the determination of its policies, the carrying out of its duties, or the formulation of its rules and regulations.

(c) At least one public hearing shall be held in each district prior to adoption of a Plan pursuant to section 6042 of this title. Notice of a hearing shall be furnished each municipality and municipal and regional planning commission in the district where the hearing is to be held not less than 15 days prior to the hearing.

(d) The provisions of 3 V.S.A. chapter 25 shall not apply to the hearings under this section.
10 V.S.A. § 7552 — VT Code / Title 10 / Chapter 166 / Section 7552
§ 7552. Standard Electronic Waste Recycling Plan
Status: in_force

(a) Standard Plan adoption. Beginning January 1, 2011, the Secretary shall adopt a plan for the collection and recycling of all electronic waste in the State. In developing the Plan, the Secretary shall evaluate existing electronic waste collection opportunities and services in each county to determine whether such opportunities and services are adequate. In making an adequacy determination, the Secretary shall consider the geography, population, and population density of each county. If, after completion of an adequacy review, the Secretary determines that the collection opportunities in a county are:

(1) Inadequate, the Secretary may require additional collection activities in that county. Additional collection activities may include additional collection facilities, collection events, or other collection activities identified by the Secretary as necessary to achieve the Statewide recycling goal. If the Secretary requires additional collection activities, the Secretary shall consider, as one of the criteria reviewed in selecting additional collection activities, the cost-effectiveness of the additional collection activities in achieving the objective of convenient service.

(2) Adequate, and that additional collection opportunities are not required.

(b) Standard Plan minimum requirements. The Standard Plan shall:

(1) site at least three permanent facilities in each county for the collection of electronic waste from covered entities, unless the Secretary determines that existing or proposed collection opportunities are not required, but in no case shall the Secretary reduce the number of permanent facilities below one;

(2) site at least one permanent facility in each city or town with a population of 10,000 or greater for the collection of electronic waste from covered entities;

(3) require electronic waste collection facilities to accept electronic waste at no cost to covered entities;

(4) ensure that each recycler used in implementing the Plan complies with the recycling standards established under section 7559 of this title;

(5) ensure that during Plan implementation a public information and outreach effort takes place to inform consumers about how to recycle their electronic waste at the end of the product's life;

(6) require electronic waste collection facilities to be staffed, open on an ongoing basis, and open to the public at a frequency needed to meet the needs of the area being served;

(7) prohibit a collection facility from refusing to accept electronic waste delivered to the facility for recycling from a covered entity.

(c) Plan evaluation. The Secretary shall annually review and analyze the Standard Plan to determine if implementation of the Standard Plan achieves the statewide collection and recycling goal set forth under section 7555 of this title. The Secretary may modify the plan based upon the results of that review.

(d) Plan term. The Secretary shall revise and adopt the standard plan every five years.

(e) Public review and consultation. Prior to the approval or modification of the Standard Plan, the Agency shall make the proposed Standard Plan available for public review and comment for at least 30 days. The Agency shall consult with interested persons, including manufacturers, recyclers, collectors, retailers, solid waste districts, and environmental groups.

(f) Applicability. A collector, transporter, or recycler not included in a plan approved under this section or under a plan approved under section 7554 of this title shall not be subject to the requirements of this section or section 7554.
10 V.S.A. § 541b — VT Code / Title 10 / Chapter 22A / Section 541b
§ 541b. Workforce education and training; duties of other State agencies, departments, and private partners
Status: in_force

(a) To ensure the State Workforce Development Board, the Commissioner of Labor, and the Executive Director of the Office of Workforce Strategy and Development are able to fully perform their duties under this chapter, each agency and department within State government, and each person who receives funding from the State, shall comply within a reasonable period of time with a request for data and information made by the Board, the Commissioner, or the Executive Director in furtherance of their duties under this chapter.

(b) The Agency of Commerce and Community Development shall coordinate its work in adopting a statewide economic development plan with the activities of the Board, the Commissioner of Labor, and the Executive Director.
10 V.S.A. § 6261 — VT Code / Title 10 / Chapter 153 / Section 6261
§ 6261. Resident obligations; use and maintenance of premises
Status: in_force

(a) The resident shall not create or contribute to the noncompliance of the premises with applicable provisions of building, environmental, or housing and health rules. As used in this subchapter, the term “premises” means a mobile home lot and any part of a mobile home park.

(b) The resident shall conduct himself or herself and require other persons on the premises with the resident's consent to conduct themselves in a manner that will not disturb other residents' peaceful enjoyment of the premises.

(c) The resident shall not deliberately or negligently destroy, deface, damage, or remove any part of the premises or its fixtures, mechanical or utility systems, or furnishings or deliberately or negligently permit any person to do so.

(d) Unless inconsistent with a written rental agreement or otherwise provided by law, a resident may terminate a tenancy by actual notice given to the park owner at least one rental payment period prior to the termination date specified in the notice.

(e) If a resident acts in violation of this section, the park owner is entitled to recover damages, costs, and reasonable attorney's fees, and the violation shall be grounds for termination under section 6237 of this title.
10 V.S.A. § 7020 — VT Code / Title 10 / Chapter 161 / Section 7020
§ 7020. State regulation; responsibilities and authority
Status: in_force

(a) The Agency, after public comment and after consultation with the Public Utility Commission and the Department of Public Service, shall by rule establish the siting requirements, the screening and certification procedures and criteria, the separation, recoverability, and facility design standards, and the draft license review procedures and standards. These rules must at least include the minimum requirements of sections 7021, 7022, 7023, and 7024 of this title and be sufficient to protect the environment and the public health for the hazardous life of materials likely to be deposited in the disposal facility. The Agency shall by rule establish procedures and requirements for public comment under this chapter. The Agency shall also by rule establish procedures and requirements for reports and manifests from generators of low-level radioactive waste concerning the quantities, concentrations, characteristics, expected generation rates, packaging, storage conditions, and any other information reasonably necessary for the Agency and the Authority to carry out their responsibilities.

(b) The Public Utility Commission shall:

(1) approve the service fees and disposal fees set by the Authority under sections 7011(4)(K), 7012(p), and 7013(e) of this title;

(2) utilize procedures substantially similar to the rate-setting procedures in 30 V.S.A. chapter 5, including the procedures for temporary rates in section 226 of that chapter but not including the time limits of section 227 of that chapter;

(3) review and approve, during any fee approval proceeding, an amount for:

(A) expenses expected prior to the end of the operating life of Vermont Yankee, except construction costs;

(B) expenses, including ongoing capital costs, expected after the end of the operating life of Vermont Yankee;

(C) costs of the permanent disposal of the long-lived waste; and

(D) construction costs; and

(4) determine, after public hearing, adequate financial assurance requirements to be specified as a condition for approval of fees under this subsection.

(c) The Department of Public Service shall appear in all proceedings before the Public Utility Commission under this chapter and represent the interests of the people of the State. The Department of Public Service shall review and may present testimony on any issue, including the service or disposal fees, the costs of permanent disposal of the long-lived waste, the financial assurance requirements, and the relationship of these fees, costs, and requirements to the costs of decommissioning the Vermont Yankee Nuclear Power Station.

(d) Rules adopted under this section must be at least as stringent as applicable federal standards, performance objectives, and requirements.

(e) No officers, departments, boards, agencies, divisions, and commissions of the State may render any services to the Authority that would compromise their ability to perform their regulatory functions under this chapter, but they shall cooperate with and provide any information available to them as may be requested by the Authority for the performance of its responsibilities if otherwise allowed by law.

(f) The Agency of Natural Resources, the Public Utility Commission, and the Department of Public Service may allocate to the Authority the portion of the expenses incurred by them, including expenses from the use of additional personnel and regular employees, for all actions and proceedings authorized by this chapter. At least quarterly, the Agency and the Department of Public Service shall send to the Authority detailed statements showing the money expended, and the Authority shall pay those statements out of the Low-Level Radioactive Waste Fund.
10 V.S.A. § 6604b — VT Code / Title 10 / Chapter 159 / Section 6604b
§ 6604b. Testing of solid wastes prior to beneficial use on land or distribution and marketing
Status: in_force

(a) The Secretary of Natural Resources, in consultation with the Secretary of Agriculture, Food and Markets and with the Commissioner of Health, shall adopt rules to establish a testing program for all sewage sludge, or similar liquid wastes, prior to their beneficial use on land or prior to distribution and marketing of those wastes in liquid or solid form. The testing program shall establish a process for the determination of minimum testing frequencies and specific parameters for which analysis must be completed and shall detail procedures by which samples are collected, stored, and tested.

(b) In establishing the process for the determination of test parameters and frequency, the rules shall take into account the size and complexity of the facility, the nature of the service area or collection system, including industrial contributions, the frequency of sewage sludge use on the land, and any existing data that is pertinent to the facility.

(c) Rules regarding the application of waste to fields shall take into consideration the characteristics of the specific waste involved and shall calculate the heavy metal or micronutrient soil holding capacity based on a pH of 5.5 for the soil type at the application site, as appropriate.

(d) A person subject to this section shall make all analytical results derived from the testing program provided for in this section available to the public upon request.
10 V.S.A. § 1453 — VT Code / Title 10 / Chapter 50 / Section 1453
§ 1453. Aquatic nuisance control program
Status: in_force

(a) The Agency of Natural Resources shall establish and maintain an aquatic nuisance control program.

(b) The aquatic nuisance control program shall perform the following services:

(1) receive and respond to aquatic nuisance complaints;

(2) work with municipalities, local interest organizations, private individuals, and agencies of the state to develop long-range programs regarding aquatic nuisance controls;

(3) work with federal, state, and local governments to obtain funding for aquatic nuisance control programs;

(4) implement an aquatic species rapid response program under this chapter;

(5) administer a grant-in-aid program under section 1458 of this title;

(6) place a sign at least two feet by two feet in size that states that the water is infected with an aquatic nuisance and that a person transporting the nuisance in violation of section 1454 of this title may be subject to a penalty of up to $1,000.00 pursuant to 23 V.S.A. § 3317, so that the sign is easily visible from a ramp used to launch vessels at any fish and wildlife access area on a body of water infected with an aquatic nuisance;

(7) provide the Commissioner of Fish and Wildlife and the Commissioner of Motor Vehicles with written educational information about aquatic nuisances that can be included in an envelope containing a boat registration and in a Department of Fish and Wildlife publication pertaining to fishing and boating.
10 V.S.A. § 1980 — VT Code / Title 10 / Chapter 64 / Section 1980
§ 1980. Vermont Technical College demonstration project
Status: in_force

(a) There is established an on-site wastewater treatment and disposal project that shall be conducted at the Vermont Technical College in Randolph. The project shall be managed by the staff of the college, in conjunction with the Agency of Natural Resources.

(b) The purpose of the project is to provide information to interested local and State officials and members of the public with respect to the range of options that have been approved by the State and that are available for on-site systems, the relative effectiveness of various approved experimental and innovative systems, and their respective strengths and weaknesses.

(c) The project shall be designed with space sufficient to accommodate the demonstration of new designs for systems, as those designs are developed, during a number of years.
10 V.S.A. § 1524 — VT Code / Title 10 / Chapter 53 / Section 1524
§ 1524. Labeling
Status: repealed

(a) Every beverage container sold or offered for sale at retail in this State shall clearly indicate by embossing or imprinting on the normal product label, or in the case of a metal beverage container on the top of the container, the word “Vermont” or the letters “VT” and the refund value of the container in not less than one-eighth inch type size or such other alternate indications as may be approved by the Secretary. This subsection does not prohibit including names or abbreviations of other states with deposit legislation comparable to this chapter.

(b) The Commissioner of Liquor and Lottery may allow, in the case of liquor bottles, a conspicuous, adhesive sticker to be attached to indicate the deposit information required in subsection (a) of this section, provided that the size, placement, and adhesive qualities of the sticker are as approved by the Commissioner. The stickers shall be affixed to the bottles by the manufacturer, except that liquor that is sold in the State in quantities less than 100 cases per year may have stickers affixed by personnel employed by the Division of Liquor Control.

(c) This section shall not apply to permanently labeled beverage containers.

(d) [Repealed.]
10 V.S.A. § 4521 — VT Code / Title 10 / Chapter 109 / Section 4521
§ 4521. Failure to stop
Status: in_force

(a) An operator of a motor vehicle or vessel shall bring the vehicle or vessel to a stop when signaled to do so by a warden or deputy warden wearing a uniform identifying him or her as such or operating a law enforcement vehicle or vessel sounding a siren and displaying a flashing blue or blue and white signal lamp. A person who violates this section shall be fined not more than $500.00.

(b) A person who is traveling on foot who fails to stop when requested to do so by a warden or deputy warden wearing a uniform identifying him or her as a law enforcement officer shall be fined not more than $100.00.
10 V.S.A. § 716 — VT Code / Title 10 / Chapter 31 / Section 716
§ 716. Subsequent petition may be filed; when
Status: in_force

After six months shall have expired from the date of entry of a determination by the council that the operation of a proposed district is not administratively practicable and feasible, and denial of a petition pursuant to such determination, subsequent petitions may be filed and action taken thereon in accordance with the provisions of this chapter.
10 V.S.A. § 1933 — VT Code / Title 10 / Chapter 59 / Section 1933
§ 1933. Appeals
Status: in_force

Appeals of any act or decision of the Department under this subchapter shall be made in accordance with chapter 220 of this title.
10 V.S.A. § 374c — VT Code / Title 10 / Chapter 16A / Section 374c
§ 374c. Incorporation; board of directors
Status: in_force

The Vermont Economic Development Authority shall incorporate a nonprofit corporation to administer the Vermont agricultural credit program and to fulfill the goals and purposes of this chapter. The voting members of the Authority shall be the board of directors of the corporation, and the manager of the Authority shall serve as the president and chief executive officer of the corporation. Such corporation shall be organized and operate under the nonprofit corporation laws of the State of Vermont to the extent not inconsistent herewith. The Authority will have the power to contract with the corporation to provide staff and management needs of the corporation.
10 V.S.A. § 248 — VT Code / Title 10 / Chapter 12 / Section 248
§ 248. Trustees and trust funds
Status: in_force

A state or national chartered bank, Vermont bank, or Vermont trust company may serve as trustee for the benefit of bondholders under a security document; and the trustee may at any time own all or any part of the bonds issued under that security document, unless otherwise provided therein. All monies received or held by a municipality or by a trustee pursuant to a financing or security document, other than funds received or held by the municipality for its own use, shall be deemed to be trust funds and shall be held and applied solely in accordance with the applicable document, but the person paying the money to the municipality or the trustee shall not be in any way bound to see to its proper application.
10 V.S.A. § 2621 — VT Code / Title 10 / Chapter 83 / Section 2621
§ 2621. Duties of owners
Status: in_force

It shall be the duty of a landowner or operator of forestland, whether public or private, to manage, operate, and harvest forest crops that promote conditions favorable for regrowth consistent with the policies of this chapter. All forestland on which a lumbering operation is conducted should be left by the owner or operator in a favorable condition for regrowth by preserving trees of commercial species sufficient under normal conditions to maintain continuous forest growth or restocking so as to ensure continuous or successive forest crops. So far as practicable, all desirable seedlings and saplings should be protected during logging operations. When necessary, reforestation practices should be employed to ensure renewed forest growth after harvesting of forest crops.
10 V.S.A. § 279c — VT Code / Title 10 / Chapter 12 / Section 279c
§ 279c. Vermont Export Finance Program
Status: in_force

(a) The Authority may, directly or indirectly, extend export finance to Vermont businesses, or to non-Vermont businesses where a substantial beneficiary of the export finance would be a Vermont business. The Authority may only directly extend export finance where the transaction will be guaranteed or insured against nonpayment by the Export-Import Bank of the United States, the U.S. Small Business Administration, or a comparable source of risk mitigation. Such export finance may include extending working capital loans to finance the pre-export costs of manufacturing, preparing, or accumulating products destined for export by overseas importers, the post-export costs of holding export receivables, as well as purchasing export receivables that are payable by overseas importers.

(b) The Authority may use any cash on hand in the Vermont Jobs Fund established under subchapter 1 of this chapter, any appropriations made by the General Assembly for this purpose, loans from banks, export finance specialty lenders, the Treasurer, or other sources in order to provide funds for lending under this subchapter. The Authority may pledge its assets as security for such loans.

(c) The Authority may sell any loans or participations in loans made under this subchapter to financial institutions.

(d) The Authority may extend export finance on such terms and conditions as it deems appropriate. Export finance directly extended by the Authority shall conform to the terms and conditions of the applicable risk mitigation offered by the Export-Import Bank of the United States, the U.S. Small Business Administration, or a comparable source of risk mitigation.

(e) Any excess of revenues over expenses derived from this program shall be deposited in the Vermont Jobs Fund.
10 V.S.A. § 1450a — VT Code / Title 10 / Chapter 49A / Section 1450a
§ 1450a. Rulemaking
Status: in_force

The Secretary may adopt rules necessary for the purposes of implementing, administering, or enforcing the requirements of this chapter, including best management practices for the construction of impervious surfaces or the creation of cleared area in a protected shoreland area, including standards for:

(1) managing vegetative cover that may be required as a best management practice in order to ensure that some level of the required vegetative cover is maintained in the protected shoreland area;

(2) allowing reasonable use of the protected shoreland area subject to a vegetative cover requirement for construction, creation, or expansion of an impervious surface or cleared area;

(3) minimizing and mitigating the creation of an impervious surface or cleared area in a protected shoreland area.
10 V.S.A. § 280aa — VT Code / Title 10 / Chapter 12 / Section 280aa
§ 280aa. Findings and purpose
Status: in_force

(a)(1) Vermont-based businesses in seed, start-up, and growth stages are a vital source of innovation, employment, and economic growth in Vermont. The continued development and success of these businesses is dependent upon the availability of flexible, risk-based capital.

(2) Because the primary assets of Vermont-based businesses in seed, start-up, and growth stages often consist almost entirely of intellectual property or insufficient tangible assets to support conventional lending, these companies frequently may not have access to conventional means of raising capital, such as asset-based bank financing.

(b) To support the growth of Vermont-based businesses in seed, start-up, and growth stages and the resultant creation of higher-wage employment in Vermont, the General Assembly hereby creates in this subchapter the Vermont Entrepreneurial Lending Program.
10 V.S.A. § 1107 — VT Code / Title 10 / Chapter 43 / Section 1107
§ 1107. Hazard potential classifications
Status: in_force

(a) The Department shall assess the hazard potential classification of all nonfederal dams listed in the Vermont Dam Inventory based on the potential loss of human life, property damage, and economic loss that would occur in the event of the failure of the dam. There shall be four hazard potential classifications: high, significant, low, and minimal.

(b) The Department may assess or reassess the hazard potential classification of the dam at any time.
10 V.S.A. § 490 — VT Code / Title 10 / Chapter 21 / Section 490
§ 490. Types and arrangement of signs
Status: in_force

(a) The Travel Information Council shall regulate the size, shape, color, lighting, manner of display, and lettering of official business directional signs. Distinctive symbols shall be established to the extent considered practicable by the Council for each type of service or facility, different from those for other types; and appropriate signs shall be provided for each eligible applicant within a given category. When appropriate because of the number of signs at one location, the signs shall be replaced or substituted with an information plaza on which applicants may purchase advertising plaques.

(b) Subject to traffic safety regulations specifically adopted by the Agency of Transportation for the purposes of this chapter, locations of official business directional signs shall conform to the following:

(1) Official business directional signs shall be located in the same town as the applicant business unless one or more of the following conditions are present:

(A) The location of the sign must be in a town other than that of the applicant business in order to satisfy the traffic safety regulations. In such case, the sign shall be located as close to the turnoff for the business as possible;

(B) The business is located on an unnumbered highway, the turnoff from the numbered highway is in another town and this turnoff is the only access point for the business from the nearest numbered highway;

(C) The absence of highway destination signs directing travelers to the town in which the business is located; and

(D) The absence of an official business directional sign creates a safety hazard for the traveling public.

(2) Official business directional signs shall be located in those vicinities where the traveler must change direction from one highway to another highway to reach the business or point of interest, provided the sign is not on the same highway as the business or its on-premises sign unless the sign is needed to alleviate a safety hazard or to eliminate an unsafe situation as described in this section; and provided a travel information directional sign is not located at that point and travel to that information source will cause neither undue inconvenience to the traveler nor traffic congestion. Signs may be approved on the same highway as the business, or its legal on-premises signing only when, in the opinion of the Travel Information Council or its district committees, the traveling public is placed in an unsafe situation without one or more official business directional signs. For the purposes of this chapter, an unsafe situation shall exist when there is insufficient visibility of a business' on-premises signing that cannot be improved by the applicant business. Adequate visibility shall be determined by the Travel Information Council in consultation with the Agency of Transportation.

(c) When the signs at one location are too numerous, or when highway safety requires for other reasons, as determined by the Travel Information Council, the signs may be removed and the applicant business given the option to purchase advertising plaques on information plazas, located and designed so that drivers of motor vehicles may leave the main traffic lanes and inspect them. Information plazas may contain maps and other information, depending on space availability, and may have telephone and other information facilities attached to them. Sign plazas shall include the international symbol to indicate that gasoline service is available to people with disabilities. The Agency of Commerce and Community Development shall be responsible for the costs of installing new information plazas and for the installation of advertising plaques on State-owned information plazas, provided that the Secretary of Commerce and Community Development or designee gives prior approval for such costs and installation. If it is not practical to install information plazas or individual official business directional signs at any given location, because of the number of signs or because of traffic conditions, the Travel Information Council may in its discretion adopt some alternative method for providing information conveniently for travelers, including directions to zones or other geographic areas, and locally operated information booths and offices or multi-facility official business directional signs, or both.

(d) If an official business directional sign cannot be sited in conformity with the traffic safety rules adopted by the Agency of Transportation, a person who believes that he or she is eligible under section 489 of this title for such a sign may request the Secretary of Transportation to grant a variance from the rules, setting forth in the request the physical circumstances or conditions that make it impossible to locate an official business directional sign in strict conformity with the traffic safety rules. The request shall show that variance, if authorized, will not be detrimental to the public welfare or safety and will represent the minimum variance that will afford relief and will represent the least deviation possible from the traffic safety rules. The Secretary's denial of a variance request under this subsection may be appealed to the Transportation Board within 30 days of the denial. The Board's determination of such an appeal shall be final.
10 V.S.A. § 1921 — VT Code / Title 10 / Chapter 59 / Section 1921
§ 1921. Purpose
Status: in_force

The ground and surface waters of the State are an essential and significant portion of the natural resources of the State historically protected by State programs. Significant contamination of these natural resources and hazard to the public health results from the failure of aboveground storage tanks and underground facilities for the storage and handling of petroleum liquids, related sludges, and other chemicals. It is the purpose of this chapter to prevent ground and surface water contamination from these facilities by authorizing the establishment of State standards and criteria for the design, installation, operation, maintenance, and monitoring of underground liquid storage facilities. It is the intent of this chapter to provide authority to the Secretary to enable the Secretary to operate a program consistent with or more stringent than that contained in Title VI of the Hazardous and Solid Waste Amendments of 1984.
10 V.S.A. § 6205 — VT Code / Title 10 / Chapter 153 / Section 6205
§ 6205. Enforcement; penalties
Status: in_force

(a) A mobile home park owner who violates or fails to comply with a provision of this chapter violates 9 V.S.A. § 2453.

(b) If a mobile home park owner violates this chapter, the Department shall have the authority:

(1) to impose an administrative penalty of up to $5,000.00 per violation;

(2) to bring a civil action for damages or injunctive relief, or both, in the Superior Court for the unit in which a violation occurred; and

(3) to refer a violation to the Attorney General or State's Attorney for enforcement pursuant to subsection (a) of this section.

(c)(1) A leaseholder may bring an action against the park owner for a violation of sections 6236-6243 of this title.

(2) The action shall be filed in the Superior Court for the unit in which the alleged violation occurred.

(3) No action may be commenced by the leaseholder unless the leaseholder has first notified the park owner of the violation by certified mail at least 30 days prior to bringing the action.

(4) During the pendency of an action brought by a leaseholder, the leaseholder shall pay rent in an amount designated in the lease, or as provided by law, which rental amount shall be deposited in an escrow account as directed by the court.
10 V.S.A. § 6649 — VT Code / Title 10 / Chapter 159 / Section 6649
§ 6649. Amendments to a corrective action plan
Status: in_force

(a) Except for the corrective action plan adjustment limitations provided under subsection (b) of this section, at the applicant's request or in the Secretary's discretion, the Secretary may amend the plan if the Secretary determines that the amendment is necessary to protect public health and the environment.

(b) An approved corrective action plan of an applicant who became a participant in the Program prior to acquiring any ownership interest in the property and who is not otherwise liable pursuant to section 6615 of this title may be amended only at the Secretary's discretion, provided the amendments to the corrective action plan do not increase the costs of completion by more than 30 percent of the estimated costs of the original corrective action plan.

(c) Notwithstanding issuance of a certificate of completion pursuant to section 6653 of this title, if at any time the Secretary finds that a completed corrective action plan fails to protect adequately human health and the environment or fails to meet all applicable remediation and federal cleanup standards, the Secretary may do any of the following:

(1) exercise authority pursuant to section 6615 of this title against any liable person except the person or the successor of the person that completed the corrective action plan;

(2) perform all investigation, abatement, removal, remediation, or monitoring activities necessary to ensure the property meets all the applicable remediation standards.
10 V.S.A. § 4658 — VT Code / Title 10 / Chapter 112 / Section 4658
§ 4658. Technical committee-Article VII
Status: in_force

There shall be established a Technical Committee to consist of one fishery biologist from each of the signatory states, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to act in an advisory capacity to the Commission. The Technical Committee shall have the authority to request employees of the signatory states, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service or others who have special fields of expertise to act as special advisors to the Committee. At such time as funds are available the Commission may reimburse Technical Committee members and special advisors for necessary travel expenses.
10 V.S.A. § 5207 — VT Code / Title 10 / Chapter 119 / Section 5207
§ 5207. Propagation farms
Status: in_force

(a) The Commissioner may issue a license to propagate fish and wild animals and shall make and publish regulations governing such industry. The application for such a breeder's license shall be in writing, addressed to the Commissioner, shall be signed by the applicant, and shall describe the land or waters owned or leased by such breeder to be used for such purpose and shall contain such other facts as may be required by the Commissioner. When it appears that the application is made in good faith, the Commissioner may issue such a license, which shall continue in force for one year, upon the payment of a fee of $50.00 for a new application and $10.00 for a renewal of an application. Fees collected under this section shall be deposited into the Fish and Wildlife Fund.

(b) All health testing of cultured trout shall be provided to commercial trout farms through an aquaculture inspection program conducted jointly by the Agency of Agriculture, Food and Markets and the Department of Fish and Wildlife as provided by 6 V.S.A. § 1154a and part 4 of this title.
10 V.S.A. § 1079 — VT Code / Title 10 / Chapter 43 / Section 1079
§ 1079. Purpose
Status: in_force

It is the purpose of this chapter to protect public safety and provide for the public good through the inventory, inspection, and evaluation of dams in the State.
10 V.S.A. § 1204 — VT Code / Title 10 / Chapter 46 / Section 1204
§ 1204. Effective date-Article III
Status: in_force

A. This compact shall become effective when a bill of the New Hampshire General Court that incorporates the compact becomes a law in New Hampshire and when it is approved by the U.S. Congress.
10 V.S.A. § 6627 — VT Code / Title 10 / Chapter 159 / Section 6627
§ 6627. Technical and research assistance program
Status: in_force

The Secretary shall establish a technical and research assistance program to assist generators, exempt small quantity generators, and large users in identifying and applying toxics use reduction methods and hazardous waste reduction methods. The program shall emphasize assistance to smaller businesses that have inadequate technical and financial resources to obtain information, assess and develop and apply toxics use reduction and hazardous waste reduction methods. The program shall also emphasize the merits of use reduction as a means of reducing the amount of hazardous waste generated or hazardous materials released into the environment. In the program:

(1) The Department shall encourage presentations by private or public consultants, including on-site consultation at sites or locations where hazardous waste is generated or toxic substances are used to aid those generators or large users requiring assistance in developing and implementing the toxics use reduction and hazardous waste reduction plan, plan summary, and performance report required by this subchapter.

(2) The Department shall conduct plan assistance programs, seminars, workshops, training programs, and other similar activities to assist generators and large users to evaluate toxics use reduction and hazardous waste reduction alternatives and to identify opportunities for toxics use reduction and hazardous waste reduction.

(3) The Department shall establish a program to assemble, catalogue, and disseminate information about source reduction methods, with emphasis on the merits of use reduction, available consultant services, and regulatory requirements.

(4) The Department shall identify the range of technical solutions that can be applied by particular types of hazardous waste generators to reduce hazardous waste generation.

(5) The Department may also direct on-site technical assistance to generators and large users in developing the plans.

(6) The Department shall coordinate its technical assistance with trade associations and local colleges and universities as appropriate.

(7) Technical services provided under this section shall not result in inspection or other enforcement actions unless there is reasonable cause to believe there is an imminent threat to human health or the environment.

(8) The Department shall provide direct technical assistance to solid waste management districts and regional planning entities including training and information exchange and shall coordinate technical assistance with the solid waste management districts and regional planning entities.
10 V.S.A. § 2648 — VT Code / Title 10 / Chapter 83 / Section 2648
§ 2648. Slash removal
Status: repealed

(a) A person may cut or cause to be cut forest growth only if all slash adjoining the right-of-way of any public highway, or the boundary lines of woodlots owned by adjoining property owners, is treated as follows:

(1) All slash shall be removed for a distance of 50 feet from the right-of-way of any public highway or from the boundary lines of woodlots owned by adjoining property owners.

(2) All slash shall be removed for a distance of 100 feet from standing buildings on adjoining property.

(b) [Repealed.]

(c) If in the opinion of the town forest fire warden there is no fire hazard as a result of a cutting, the warden may issue, upon request, a statement relieving the operator of the conditions required in this section.
10 V.S.A. § 4745 — VT Code / Title 10 / Chapter 113 / Section 4745
§ 4745. Taking big game out of season prohibited; time
Status: in_force

A person shall not take big game except during the seasons provided by law under part 4 of this title or the rules of the Board, and then only between one-half hour before sunrise and one-half hour after sunset. However, this section shall not be construed to prohibit the taking of big game under section 4826 or 4827 of this title and provisions in the rules of the Board relating to wildlife doing damage.
10 V.S.A. § 6551 — VT Code / Title 10 / Chapter 158 / Section 6551
§ 6551. Definitions
Status: in_force

As used in this chapter:

(1) “Fragile area” means an area of land or water that has unusual or significant flora, fauna, geological, or similar features of scientific, ecological, or educational interest.

(2) “Register” means the fragile areas register that lists those fragile areas designated by the Secretary.

(3) “Secretary” means the Secretary of the Agency of Natural Resources.

(4) “Adjacent” means those lands and waters directly abutting a site on the register, including lands and waters separated from the site by highways or bodies of water where such separated lands and waters are an integral part of the site's ecosystem.

(5) “Registry” means the act of voluntary agreement between the owner of a fragile area and the Secretary for designation of the fragile area and its placement on the register of fragile areas.

(6) “Register of fragile areas” means the listing of fragile areas that are being managed by the owner of the fragile area according to guidelines adopted by the Secretary.