10 V.S.A. § 1389 — VT Code / Title 10 / Chapter 47 / Section 1389
§ 1389. Clean Water Board
Status: in_force

(a) Creation.

(1) There is created the Clean Water Board that shall:

(A) be responsible and accountable for planning, coordinating, and financing of the remediation, improvement, and protection of the quality of State waters; and

(B) recommend to the Secretary of Administration expenditures:

(i) appropriations from the Clean Water Fund according to the priorities established under subsection (e) of this section; and

(ii) water quality programs or projects that provide water quality benefits, reduce pollution, protect natural areas, enhance water quality protections on agricultural land, enhance flood and climate resilience, provide wildlife habitat, or promote and enhance outdoor recreation in support of rural community vitality to be funded by capital appropriations.

(2) The Clean Water Board shall be attached to the Agency of Administration for administrative purposes.

(b) Organization of the Board. The Clean Water Board shall be composed of:

(1) the Secretary of Administration or designee;

(2) the Secretary of Natural Resources or designee;

(3) the Secretary of Agriculture, Food and Markets or designee;

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

(5) the Secretary of Transportation or designee; and

(6) four members of the public, who are not legislators, with expertise in one or more of the following subject matters: public management, civil engineering, agriculture, ecology, wetlands, stormwater system management, forestry, transportation, law, banking, finance, and investment, to be appointed by the Governor.

(c) Officers; committees; rules; compensation; term.

(1) The Secretary of Administration shall serve as the Chair of the Board. The Clean Water Board may elect additional officers from its members, establish committees or subcommittees, and adopt procedural rules as necessary and appropriate to perform its work.

(2) Members of the Board who are not employees of the State of Vermont and who are not otherwise compensated or reimbursed for their attendance shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010 paid from the budget of the Agency of Administration for attendance of meetings of the Board.

(3) Members who are appointed to the Clean Water Board shall be appointed for terms of four years, except initial appointments shall be made such that two members appointed by the Governor shall be appointed for a term of two years. Vacancies on the Board shall be filled for the remaining period of the term in the same manner as initial appointments.

(d) Powers and duties of the Clean Water Board. The Clean Water Board shall have the following powers and authority:

(1) The Clean Water Board shall recommend to the Secretary of Administration the appropriate allocation of funds from the Clean Water Fund for the purposes of developing the State budget required to be submitted to the General Assembly under 32 V.S.A. § 306. All recommendations from the Board should be intended to achieve the greatest water quality gain for the investment. The recommendations of the Clean Water Board shall be open to inspection and copying under the Public Records Act, and the Clean Water Board shall submit to the Senate Committees on Appropriations, on Finance, on Agriculture, and on Natural Resources and Energy and the House Committees on Appropriations, on Ways and Means, on Agriculture and Forestry, and on Natural Resources, Fish, and Wildlife a copy of any recommendations provided to the Governor.

(2) The Clean Water Board may pursue and accept grants, gifts, donations, or other funding from any public or private source and may administer such grants, gifts, donations, or funding consistent with the terms of the grant, gift, or donation.

(3) The Clean Water Board shall:

(A) develop an annual revenue estimate and proposed budget for the Clean Water Fund;

(B) establish measures for determining progress and effectiveness of expenditures for clean water restoration efforts;

(C) if the Board determines that there are insufficient funds in the Clean Water Fund to issue all grants or financing required by sections 925-928 of this title, conduct all of the following:

(i) Direct the Secretary of Natural Resources to prioritize the work needed in every basin, adjust pollution allocations assigned to clean water service providers, and issue grants based on available funding.

(ii) Make recommendations to the Governor and General Assembly on additional revenue to address unmet needs.

(iii) Notify the Secretary of Natural Resources that there are insufficient funds in the Fund. The Secretary of Natural Resources shall consider additional regulatory controls to address water quality improvements that could not be funded.

(D) issue the annual Clean Water Investment Report required under section 1389a of this title;

(E) solicit, consult with, and accept public comment from organizations interested in improving water quality in Vermont regarding recommendations under this subsection (d) for the allocation of funds from the Clean Water Fund; and

(F) recommend capital appropriations for the permanent protection of land and waters from future development through conservation and water quality projects.

(e) Priorities. In making recommendations under subsection (d) of this section regarding the appropriate allocation of funds from the Clean Water Fund, the Board shall prioritize as follows:

(1) As a first priority, make recommendations regarding funding for the following grants and programs, which shall each be given equal priority:

(A) grants to clean water service providers to fund the reasonable costs associated with the inspection, verification, operation, and maintenance of clean water projects in a basin;

(B) the Water Quality Restoration Formula Grant under section 925 of this title;

(C) the Agency of Agriculture, Food and Markets' agricultural water quality programs;

(D) the Water Quality Enhancement Grants under section 926 of this title at a funding level of at least 20 percent of the annual balance of the Clean Water Fund, provided that the maximum amount recommended under this subdivision (D) in any year shall not exceed $5,000,000.00; and

(E) funding to partners for basin planning, basin water quality council participation, education, and outreach as provided in subdivision 1253(d)(3) of this title, provided funding shall be at least $500,000.00.

(2) As the next priority after reviewing funding requests for programs identified under subdivision (1) of this subsection:

(A) funding to programs or projects that address or repair riparian conditions that increase the risk of flooding or pose a threat to life or property;

(B) funding for education and outreach regarding the implementation of water quality requirements, including funding for education, outreach, demonstration, and access to tools for the implementation of the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the Commissioner of Forests, Parks and Recreation;

[Subdivision (e)(2)(C) effective until October 1, 2032; see also subdivision (e)(2)(C) effective October 1, 2032 set out below.]

(C) funding for the Municipal Stormwater Implementation Program as provided in section 928 of this title, including at least $1,000,000.00 annually for costs of complying with permitting requirements under subdivision 1264(c)(7) of this title;

[Subdivision (e)(2)(C) effective October 1, 2032; see also subdivision (e)(2)(C) effective until October 1, 2032 set out above.]

(C) funding for the Municipal Stormwater Implementation Program as provided in section 928 of this title;

(D) funding for innovative or alternative technologies or practices designed to improve water quality or reduce sources of pollution to surface waters, including funding for innovative nutrient removal technologies and community-based methane digesters that utilize manure, wastewater, and food residuals to produce energy; and

(E) funding to purchase agricultural land in order to take that land out of practice when the State water quality requirements cannot be remediated through agricultural Best Management Practices.

(3) As the next priority after reviewing funding requests under subdivisions (1) and (2) of this subsection, funding for the Developed Lands Implementation Program as provided in section 927 of this title.

(f) Assistance. The Clean Water Board shall have the administrative, technical, and legal assistance of the Agency of Administration, the Agency of Natural Resources, the Agency of Agriculture, Food and Markets, the Agency of Transportation, and the Agency of Commerce and Community Development for those issues or services within the jurisdiction of the respective agency. The cost of the services provided by agency staff shall be paid from the budget of the agency providing the staff services.
10 V.S.A. § 6643 — VT Code / Title 10 / Chapter 159 / Section 6643
§ 6643. Application process
Status: in_force

A person shall apply to the Secretary for participation in the Program on a form determined by the Secretary accompanied by a nonrefundable application fee of $500.00. The application shall include:

(1) A preliminary environmental assessment of the property, a legal description of the property, a description of the physical characteristics of the property, the nature and extent of releases and threatened releases at the property and the risks to human health and the environment presented by the releases or threatened release, and any other information requested by the Secretary.

(2) A description of the proposed redevelopment and use of the property.

(3) A certification that the applicant has given timely notification to the public that provides a reasonable opportunity for public comment to the Secretary regarding the information and material provided in subdivisions (2) and (3) of this section.

(4) A notarized certification, on a form provided by the Secretary, in which the applicant attests to all the following:

(A) Each person who would benefit from liability protection pursuant to section 6653 of this title has disclosed to the Secretary all information currently known to the person or in the person's possession or control that relates to releases or threatened releases of hazardous materials at the property.

(B) No person, including a principal, owner, director, affiliate, or subsidiary, who would benefit from liability protection pursuant to section 6653 of this title:

(i) currently holds or ever held an ownership interest in the property or in any related fixtures or appurtenances, except for either of the following:

(I) a secured lender's holding indicia of ownership in the property primarily to assure repayment of a financial obligation;

(II) an innocent current owner;

(ii) directly or indirectly caused or contributed to any releases or threatened releases of hazardous materials at the property;

(iii) currently operates or controls or ever operated or controlled the operation at the property of a facility for the storage, treatment, or disposal of hazardous materials from which there was a release;

(iv) disposed of, or arranged for the disposal of hazardous materials at the property;

(v) generated hazardous materials that were disposed of at the property.
10 V.S.A. § 6618 — VT Code / Title 10 / Chapter 159 / Section 6618
§ 6618. Waste Management Assistance Fund
Status: in_force

(a) There is hereby created in the State Treasury a fund to be known as the Waste Management Assistance Fund to be expended by the Secretary of Natural Resources. The Fund shall have three accounts: one for Solid Waste Management Assistance, one for Hazardous Waste Management Assistance, and one for Electronic Waste Collection and Recycling Assistance. The Hazardous Waste Management Assistance Account shall consist of a percentage of the tax on hazardous waste under the provisions of 32 V.S.A. chapter 237, as established by the Secretary; the toxics use reduction fees under subsection 6628(j) of this title; and appropriations of the General Assembly. In no event shall the amount of the hazardous waste tax that is deposited to the Hazardous Waste Management Assistance Account exceed 40 percent of the annual tax receipts. The Solid Waste Management Assistance Account shall consist of the franchise tax on waste facilities assessed under the provisions of 32 V.S.A. chapter 151, subchapter 13 and appropriations of the General Assembly. The Electronic Waste Collection and Recycling Account shall consist of the program and implementation fees required under section 7553 of this title. All balances in the Fund accounts at the end of any fiscal year shall be carried forward and remain a part of the Fund accounts, except as provided in subsection (e) of this section. Interest earned by the Fund shall be deposited into the appropriate Fund account. Disbursements from the Fund accounts shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management.

(b) The Secretary may authorize disbursements from the Solid Waste Management Assistance Account for the purpose of enhancing solid waste management in the State in accordance with the adopted waste management plan. This includes:

(1) The costs of implementation planning, design, obtaining permits, construction, and operation of State or regional facilities for the processing of recyclable materials and of waste materials that because of their nature or composition create particular or unique environmental, health, safety, or management problems at treatment or disposal facilities.

(2) The costs of assessing existing landfills, and eligible costs for closure and any necessary steps to protect public health at landfills operating before January 1, 1987, provided those costs are the responsibility of the municipality or solid waste management district requesting assistance. The Secretary of Natural Resources shall adopt by procedure technical and financial criteria for disbursements of funds under this subdivision.

(3) The costs of preparing the State waste management plan.

(4) Hazardous waste pilot projects consistent with this chapter.

(5) The costs of developing markets for recyclable material.

(6) The costs of the Agency of Natural Resources in administering solid waste management functions that may be supported by the Fund established in subsection (a) of this section.

(7) A portion of the costs of administering the Environmental Division established under 4 V.S.A. chapter 27. The amount of $120,000.00 per fiscal year shall be disbursed for this purpose.

(8) The costs, not related directly to capital construction projects, that are incurred by a district, or a municipality that is not a member of a district, in the design and permitting of implementation programs included in the adopted Solid Waste Implementation Plan of the district or of the municipality that is not a member of a district. These disbursements shall be issued in the form of advances requiring repayment. These advances shall bear interest at an annual rate equal to the interest rate that the State pays on its bonds. These advances shall be repaid in full by the grantee not later than 24 months after the advance is awarded.

(9) The Secretary shall annually allocate 20 percent of the receipts of this account, based on the projected revenue for that year, for implementation of the Plan adopted pursuant to section 6604 of this title and Solid Waste Implementation Plans adopted pursuant to 24 V.S.A. § 2202a.

(10) The costs of the proper disposal of waste tires. Prior to disbursing funds under this subsection, the Secretary shall provide a person with notice and opportunity to dispose of waste tires properly. The Secretary may condition a disbursement under this subsection on the repayment of the disbursement. If a person fails to provide repayment subject to the terms of a disbursement, the Secretary may initiate an action against the person for repayment to the Fund or may record against the property of the person a lien for the costs of cleaning up waste tires at a property.

(c) The Secretary may authorize disbursements from the Hazardous Waste Management Assistance Account for the purpose of enhancing hazardous waste management in the State in accordance with this chapter. This includes:

(1) The costs of supplementing the State Waste Management Plan with respect to hazardous waste management.

(2) The costs of the Agency of Natural Resources in administering hazardous waste management functions that may be supported by the Fund established in subsection (a) of this section.

(3) The costs of administering the Hazardous Waste Facility Grant Program under section 6603g of this title.

(d) The Secretary shall annually allocate from the Fund accounts the amounts to be disbursed for each of the functions described in subsections (b), (c), and (f) of this section. The Secretary, in conformance with the priorities established in this chapter, shall establish a system of priorities within each function when the allocation is insufficient to provide funding for all eligible applicants.

(e) The Secretary may allocate funds at the end of the fiscal year from the Solid Waste Management Assistance Account to the Fund, established pursuant to section 1283 of this title, upon a determination that the funds available in the Environmental Contingency Fund are insufficient to meet the State's obligations pursuant to subdivisions 1283(b)(1)–(9) of this title. Prior to any transfer of funds from the Solid Waste Management Assistance Account to the Environmental Contingency Fund, and after all Agency program costs are covered, an additional 10 percent of the receipts of the Solid Waste Management Assistance Account shall be allocated under subdivision 6618(b)(9) of this title. Any expenditure of funds transferred to the Environmental Contingency Fund shall be restricted to funding the activities specified in subdivisions 1283(b)(1)–(9) of this title. In no case shall the unencumbered balance of the Solid Waste Account following the transfer authorized under this subsection be less than $300,000.00.
10 V.S.A. § 443 — VT Code / Title 10 / Chapter 20 / Section 443
§ 443. Vermont trails system
Status: in_force

The Vermont trails system shall consist of those individual trails recognized by the Agency of Natural Resources with the advice of the Greenways Council. The Agency, with the advice of the Council, shall establish criteria for recognition of single use and shared use trails.
10 V.S.A. § 6695 — VT Code / Title 10 / Chapter 159 / Section 6695
§ 6695. Single-use plastic stirrers
Status: in_force

A food service establishment shall not provide a single-use plastic stirrer to a customer.
10 V.S.A. § 6238 — VT Code / Title 10 / Chapter 153 / Section 6238
§ 6238. Charges and fees
Status: in_force

(a) A prospective leaseholder or other person may not be charged an entrance fee for the privilege of leasing or occupying a mobile home lot. A reasonable charge for the fair value of services performed in placing a mobile home on a lot shall not be considered an entrance fee.

(b) A qualified park owner may charge the initial lessee or occupant of an eligible site a site improvement fee.

(1) The term “qualified park owner” shall mean:

(A) a limited equity cooperative organized to provide low or moderate income housing as defined in 11 V.S.A. chapter 14; or

(B) a Section 501(c)(3) organization or its wholly owned subsidiary organized to preserve housing for low income families.

(2) The term “eligible site” shall mean a lawfully created mobile home site that becomes available for occupancy by a mobile home for the first time after June 1, 1993 and:

(A) is located in a mobile home park established in conformance with the requirements of this chapter after June 1, 1970; or

(B) is located in a mobile home park established prior to June 1, 1970 that registered with the Vermont Agency of Natural Resources as a preexisting mobile home park prior to July 1, 1989.

(3) A site improvement fee is a charge for the cost of establishing a designated mobile home site located within a mobile home park, including site clearing; grading; construction of a mobile home pad; construction of utility improvements such as those for water supply, sewage disposal, electricity, telephone, cable television, and gas; payment of municipal fees such as school impact fees and sewer connection charges; and payment of other costs associated with improvement of a site. A site improvement fee may not exceed $8,000.00.

(4) A mobile home park owner who has collected a site improvement fee may not terminate the park or change the use of any site that has paid the fee without offering to sell the park to the mobile home owners in accordance with the provisions of section 6242 of this title.
10 V.S.A. § 737 — VT Code / Title 10 / Chapter 31 / Section 737
§ 737. Not more than three towns
Status: in_force

When the portion to be separated from a district and combined with another district does not comprise more than three towns, and the State Council has declared the move to be effective, that portion will come under the jurisdiction of the district to which it has been added. Where a supervisor resides in the portion of a district that has been added to another district, he or she shall resign and his or her successor shall be appointed by the remaining supervisors of the district where the vacancy occurs. When any district has had its boundaries so changed, the supervisors of the districts concerned shall apply to the Secretary of State for a new certificate of organization covering the area then within the district. If it is desirable to change the name of any district, the application shall so state. When the new certificate has been issued, the new district shall be duly organized and the old district which it replaces will cease to exist.
10 V.S.A. § 8006 — VT Code / Title 10 / Chapter 201 / Section 8006
§ 8006. Warning; notice of alleged violation
Status: in_force

(a) When the Secretary determines that a violation will or is likely to occur, the Secretary may issue a written warning that shall be served on the respondent in person or by certified mail, return receipt requested. The warning shall include a brief description of the prospective violation; identification of the statute, rule, permit, assurance, or order that is the subject of the prospective violation; and a brief description of the potential enforcement actions that may be taken if the violation occurs.

(b) When the Secretary determines that a violation exists, the Secretary may issue a written notice of the alleged violation. The notice shall be served on the respondent in person or by certified mail, return receipt requested. The notice shall include a brief description of the alleged violation; identification of the statute, rule, permit, assurance, or order that is the subject of the violation; a brief description of the Secretary's intended course of action to address the alleged violation; and, if appropriate, specific timelines and directives to achieve compliance.
10 V.S.A. § 1203 — VT Code / Title 10 / Chapter 46 / Section 1203
§ 1203. Procedures and conditions governing intergovernmental agreements-Article II
Status: in_force

A. Cooperative Agreements Authorized. Any two or more municipalities, one or more located in New Hampshire and one or more located in Vermont, may enter into cooperative agreements for the construction, maintenance, and operation of a single sewage and waste disposal facility serving all the municipalities who are parties thereto.

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

C. Method of Adopting Agreements. Agreements hereunder shall be adopted by the governing body of each municipality in accordance with existing statutory procedures for the adoption of intergovernmental agreements between municipalities within each state.

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

E. Federal Grants and Financing.

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

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

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

1. A uniform system of charges for industrial users of the joint sewage and waste disposal facilities.

2. A uniform set of pretreatment standards for industrial users of the joint sewage and waste disposal facilities.

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

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

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

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

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

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

H. Nothing in this compact shall be construed to authorize the establishment of interstate districts, authorities, or any other new governmental or quasi-governmental entity.
10 V.S.A. § 1391 — VT Code / Title 10 / Chapter 48 / Section 1391
§ 1391. Definitions
Status: in_force

As used in this chapter:

(1) “Abandoned well” means any well or hole whose original purpose and use has been permanently discontinued or that is in such a state of disrepair that the well or hole has the potential for transmitting contaminants into an aquifer or otherwise threatens the public health or safety.

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

(3) “Aquifer” means a water bearing stratum of permeable rock, sand, gravel, or other alluvial soils.

(4) “Beneficial uses” means those uses included in each groundwater class.

(5) “Commissioner” means the Commissioner of Environmental Conservation or the Commissioner's designated representative.

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

(7) “Groundwater” means water below the land surface, but does not include surface waters within the meaning of subdivision 1251(13) of this title.

(8) “Hole” means any excavation, deeper than 20 feet with at least one horizontal dimension less than five feet.

(9) “Public water supply” means a water supply system with 15 or more connections.

(10) “Secretary” means the Secretary of Natural Resources or the Secretary's designated representative.

(11) “Servicing” means developing of well yields, placing liners or seals, grouting, restricting the flow of flowing wells, repairing or closing wells, and installing or maintaining well pump systems. “Servicing” does not include work performed on monitoring wells.

(12) “Technical criteria” means the numerical parameters or scientific parameters that, when followed, will result in groundwater suitable for the uses defined in its class.

(13) “Well” means any hole deeper than 20 feet drilled, driven, or bored into the earth to locate, monitor, extract, or recharge groundwater or any hole deeper than 20 feet drilled, driven, or bored for the primary purpose of transferring heat to or from the earth's subsurface.

(14) “Well contractor” means any person who constructs or services wells.
10 V.S.A. § 8011 — VT Code / Title 10 / Chapter 201 / Section 8011
§ 8011. Permit stays
Status: in_force

(a) An administrative order may stay the effective date or processing of a permit:

(1) when any activity has been commenced illegally without a permit. The order may stay the effective date of the permit for a period of time up to the number of days that the activity was commenced before the permit was issued. This period of time shall not include the time from the date that work was stopped until the date a permit is issued; or

(2) when an applicant for a permit or for an amendment to a permit is not in compliance with an administrative order or an assurance of discontinuance with respect to a violation that is directly related to the activity that is the subject of the application; or

(3) when an applicant for a permit or for an amendment to a permit has one or more current violations.

(b) A stay shall be issued under this section only if the violation was caused by the applicant, by a person under the applicant's control, or by a person who has control of the applicant.

(c) The processing of the application may be stayed until the respondent is in compliance with the directives in the order. An order for a permit stay shall not be stayed pending a hearing.

(d) In lieu of a permit stay under subdivision (a)(2) or (3) of this section, where an applicant for a permit or an amendment to a permit is not in compliance with an administrative order or an assurance of discontinuance, an administrative order may require the applicant to post a bond or other financial surety in an amount reasonably calculated to cover the costs necessary to achieve compliance as a condition for the processing of the application.
10 V.S.A. § 6603 — VT Code / Title 10 / Chapter 159 / Section 6603
§ 6603. Secretary; powers
Status: in_force

In addition to any other powers conferred on him or her by law, the Secretary shall have the power to:

(1) Adopt, amend, and repeal rules pursuant to 3 V.S.A. chapter 25 implementing the provisions of this chapter.

(2) Issue compliance orders as may be necessary to effectuate the purposes of this chapter and enforce the same by all appropriate administrative and judicial proceedings.

(3) Encourage local units of government to manage solid waste problems within their respective jurisdictions or by contract on a cooperative regional or interstate basis.

(4) Provide technical assistance to municipalities.

(5) Contract in the name of the State for the service of independent contractors under bond, or with an agency or department of the State, or a municipality, to perform services or to provide facilities necessary for the implementation of the State plan, including the transportation and disposition of solid waste.

(6) Accept, receive, and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose of carrying out any of the functions of this chapter. This would include the ability to convey such grants or other funds to municipalities or other instruments of State or local government.

(7) Prepare a report that proposes methods and programs for the collection and disposal of household quantities of hazardous waste. The report shall compare the advantages and disadvantages of alternate programs and their costs. The Secretary shall undertake a voluntary pilot project to determine the feasibility and effectiveness of such a program when in the Secretary's opinion such can be undertaken without undue risk to the public health and welfare. Such pilot program may address one or more forms of hazardous waste.

(8) Provide financial assistance to municipalities.

(9) Manage the hazardous wastes generated, transported, treated, stored, or disposed in the State by administering a regulatory and management program that, at a minimum, meets the requirements of subtitle C of the Resource Conservation and Recovery Act of 1976 and amendments thereto, codified as 42 U.S.C. Chapter 82, subchapter 3, and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

(10) Require a facility permitted under section 6605 of this title or a transporter permitted under section 6607 of this title to explain its rate structure for different categories of waste to ensure that the rate structure is transparent to residential consumers.
10 V.S.A. § 1372 — VT Code / Title 10 / Chapter 47 / Section 1372
§ 1372. Members; appointment; term
Status: in_force

(a) Within 30 days after he or she has executed the Compact with any or all of the states legally joined therein, the Governor shall appoint three persons to serve as commissioners to the New England Interstate Water Pollution Control Commission. The Commissioner of Environmental Conservation and the Commissioner of Health shall serve as ex officio commissioners on the Commission.

(b) The commissioners so appointed shall hold office for six years. A vacancy occurring in the office of a commissioner shall be filled by the Governor for the unexpired portion of the term.

(c) The commissioners shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010.

(d) The commissioners shall have the powers and duties and be subject to limitations as set forth in the Compact.
10 V.S.A. § 6677 — VT Code / Title 10 / Chapter 159 / Section 6677
§ 6677. Producer reporting requirements
Status: in_force

Annually, a producer or a stewardship program of which the producer is a member shall submit to the Secretary a report describing the Paint Product Stewardship Program that the producer or Stewardship Program is implementing as required by section 6673 of this title. At a minimum, the report shall include:

(1) a description of the methods the producer or Stewardship Program used to reduce, reuse, collect, transport, recycle, and process postconsumer paint products statewide in Vermont;

(2) the volume and type of postconsumer paint products collected by the producer or Stewardship Program at each collection center in all regions of Vermont;

(3) the volume of postconsumer paint products collected by the producer or Stewardship Program in Vermont by method of disposition, including reuse, recycling, energy recovery, and disposal;

(4) an independent financial audit of the Paint Product Stewardship Program implemented by the producer or the Stewardship Program;

(5) the prior year's actual direct and indirect costs for each Program element and the administrative and overhead costs of administering the approved Program; and

(6) samples of the educational materials that the producer or stewardship program provided to consumers of architectural paint.
10 V.S.A. § 231 — VT Code / Title 10 / Chapter 12 / Section 231
§ 231. Assistance to local development corporations
Status: in_force

Upon application of a local development corporation, the Authority may loan money to that local development corporation, upon such terms and conditions as it may prescribe, for the purpose of industrial park planning and development, for constructing or improving a speculative building or small business incubator facility on land owned or held under lease by the local development corporation, for purchase or improvement of existing buildings suitable for or which can be made suitable for industrial or small business incubation facility purposes and for the purchase of land in connection with any of the foregoing. Before the local development corporation receives such funds for such purposes from the Authority, it shall give to the Authority security for the repayment of the funds. The security shall be in such form and amounts as the Authority may determine and shall, in each instance, include a first mortgage on the land, or the leasehold, building, and appurtenances financed by such funds. Loans by the Authority to local development corporations for the construction of speculative buildings or improvements to those buildings shall be repaid in full, including interest and other charges, within 90 days after the building is occupied if the building is being sold, or within five years after the property is occupied if the building is being leased, or within such period of time deemed reasonable by the Authority. Loans by the Authority to local development corporations for the construction, purchase, or improvement of small business incubator facilities shall be repaid in full, including interest and other charges, within 20 years after the property is occupied.
10 V.S.A. § 1202 — VT Code / Title 10 / Chapter 46 / Section 1202
§ 1202. General provisions-Article I
Status: in_force

A. Statement of policy. It is recognized that in certain cases municipalities in New Hampshire and Vermont may, in order to avoid duplication of cost and effort, and in order to take advantage of economies of scale, find it necessary or advisable to enter into agreements whereby joint sewage and waste disposal facilities are erected and maintained. The states of New Hampshire and Vermont recognize the value of and need for such agreements, and adopt this compact in order to authorize their establishment.

B. Requirement of congressional approval. This compact shall not become effective until approved by the U.S. Congress.

C. Definitions.

1. “Sewage and waste disposal facilities” shall mean publicly owned sewers, interceptor sewers, sewerage facilities, sewage treatment facilities, and ancillary facilities whether qualifying for grants in aid under Title II of the Federal Water Pollution Control Act, as amended, or not.

2. “Municipalities” shall mean cities, towns, village districts, or other incorporated units of local government possessing authority to construct, maintain, and operate sewage and waste disposal facilities and to raise revenue therefor by bonding and taxation, which may legally impose and collect user charges and impose and enforce pretreatment conditions upon users of sewage and waste disposal facilities.

3. “Water pollution agency” shall mean the agencies within New Hampshire and Vermont possessing regulating authority over the construction, maintenance, and operation of sewage and waste disposal facilities and the administration of grants in aid from their respective state and under the Federal Water Pollution Act, as amended, for the construction of such facilities.

4. “Governing body” shall mean the legislative body of the municipality, including in the case of a town, the town meeting, and in the case of a city, the city council, or the board of mayor and aldermen or any similar body in any community not inconsistent with the intent of this definition.
10 V.S.A. § 928 — VT Code / Title 10 / Chapter 37 / Section 928
§ 928. Municipal Stormwater Implementation Program
Status: in_force

The Secretary shall administer a Municipal Stormwater Implementation Program to provide financial assistance to any municipality required under section 1264 of this title to obtain or seek coverage under the municipal roads general permit, the municipal separate storm sewer systems permit, a permit for impervious surface of three acres or more, or a permit required by the Secretary to reduce the adverse impacts to water quality of a discharge or stormwater runoff. Not more than 15 percent of the total grant amount awarded shall be used for administrative costs. This program also shall be available to a municipality to comply with a permit for impervious surface of three acres or more for a residential subdivision when the municipality assumes or has assumed full legal responsibility for the stormwater system of the residential subdivision under subdivision 1264(c)(7) of this title. Municipalities may receive assistance under this program for design or engineering services necessary for the formation of a municipal stormwater utility.
10 V.S.A. § 1155 — VT Code / Title 10 / Chapter 45 / Section 1155
§ 1155. Construction of dams; agreements-Article IV
Status: in_force

The signatory state wherein is located the site of each of the following dams and reservoirs agrees to the construction by the United States of each such dam and reservoir in accordance with authorization by the Congress:

In the Commonwealth of Massachusetts, At Barre Falls on the Ware River controlling a drainage area of approximately fifty-seven (57) square miles and providing flood storage of approximately eight (8) inches of run-off from said drainage area.

In the State of Vermont, (1) At West Townshend on the West River controlling a new drainage area of approximately one hundred six (106) square miles and providing flood control storage of approximately six (6) inches of run-off from said drainage area.

(2) At Ball Mountain on the West River controlling a net drainage area of approximately one hundred thirty-two (132) square miles and providing flood control storage of approximately six (6) inches of run-off from said drainage area.

(3) At North Hartland on the Ottauquechee River controlling a drainage area of approximately two hundred twenty-two (222) square miles and providing flood control storage for approximately six (6) inches of run-off from said drainage area.

(4) At Groton Pond on the Wells River controlling a drainage area of approximately seventeen and three tenths (17.3) square miles and providing flood control storage for approximately eight (8) inches of run-off from said drainage area.

(5) At Victory on the Moose River controlling a drainage area of approximately sixty-six (66) square miles and providing flood control storage for approximately seven (7) inches of run-off from said drainage area.

(6) In Bloomfield on the Nulhegan River controlling a drainage area of approximately seventy (70) square miles and providing flood control storage for approximately nine (9) inches of run-off from said drainage area.

In the State of New Hampshire, (1) At South Keene on the Otter Brook, tributary of the Ashuelot River, controlling a drainage area of approximately forty-seven (47) square miles and providing flood control storage for approximately seven (7) inches of run-off from said drainage area.

(2) At Walpole on the Cold River controlling a drainage area of approximately one hundred one (101) square miles and providing flood control storage for approximately eight (8) inches of run-off from said drainage area.

(3) At Bethlehem Junction on the Ammonoosuc River controlling a drainage area of approximately ninety (90) square miles and providing flood control storage for approximately six (6) inches of run-off from said drainage area.

(4) At Franconia on the Ammonoosuc River controlling a drainage area of approximately thirty (30) square miles and providing flood control storage for approximately eight (8) inches of run-off from said drainage area.

(5) At Swiftwater on the Wild Ammonoosuc River controlling a drainage area of approximately fifty-seven (57) square miles and providing flood control storage for approximately ten (10) inches of run-off from said drainage area.
10 V.S.A. § 153 — VT Code / Title 10 / Chapter 9 / Section 153
§ 153. Procedure
Status: in_force

When the Board receives a petition to act under section 152 of this title it shall give reasonable notice to each administrative department of the State having jurisdiction of the location to be named and to each town in which the location lies of the time and place when it will hear all interested parties.
10 V.S.A. § 958 — VT Code / Title 10 / Chapter 39 / Section 958
§ 958. Eminent domain; determining necessity
Status: in_force

(a) The Commissioner of Environmental Conservation may file a complaint in the Civil Division of the Superior Court for any county in which a portion of the real estate lies to determine that necessity requires that the State acquire real estate within the State, including real estate held for public use in the name of the State or any municipality, for the purpose of flood control projects.

(b) “Necessity” means a reasonable need that considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. It shall not be measured merely by expense or convenience to the condemning party. Due consideration shall be given to the following factors:

(1) The adequacy of other property and locations.

(2) The quantity, kind, and extent of cultivated and agricultural land that may be made unfit for use by the proposed taking. In this connection, the effect on long-range agricultural land use as well as the immediate effect shall be considered.

(3) The effect of the taking upon home and homestead rights and the convenience of the owner of the land.

(4) The effect of the taking upon scenic and recreational values in the areas involved.

(5) The effect upon town grand lists and revenues.

(6) The effect upon fish and wildlife, forests and forest programs, the natural flow of water and the streams both above and below any proposed structure, upon hazards to navigation, fishing, and bathing, and upon other public uses.

(7) Whether the cutting clean and removal of all timber and tree growth from all or any part of any flowage area involved is reasonably required.

(c) The complaint, the service thereof and the proceedings in relation thereto, including rights of appeal, shall conform with and be controlled by 19 V.S.A. chapter 5.
10 V.S.A. § 4138 — VT Code / Title 10 / Chapter 103 / Section 4138
§ 4138. Control of fish, game; powers of Commissioner
Status: in_force

(a) The Commissioner may take, permit, or cause to be taken at any time from any waters, and in any manner, fish that hinder or prevent the propagation of game or food fish and may take, permit, or cause to be taken at any time wild animals that are doing damage. Such removal or taking and the possession and disposition of such fish or wild animals shall be under such regulations as the Commissioner may prescribe.

(b) The Commissioner may take necessary measures to control, in public waters, aquatic vegetation, insects, or aquatic life, for the purpose of improving such waters as a habitat.

(c) Any measures that involve temporary pollution of waters shall be carried out in accordance with the provisions of chapter 50, section 1455 of this title.

(d) The Commissioner shall cooperate with the Transportation Board in any proceeding brought under 19 V.S.A. § 37 to protect a highway, railroad, or public airport from impoundments of water created by beaver.
10 V.S.A. § 6609 — VT Code / Title 10 / Chapter 159 / Section 6609
§ 6609. Inspections; right of entry
Status: in_force

For the purposes of developing or enforcing any rule or regulation authorized by this chapter, any duly authorized representative of the Secretary may upon presentation of appropriate credentials at any reasonable time:

(1) enter any place where wastes are generated, stored, treated, or disposed of;

(2) inspect and obtain samples from any person storing, treating, or disposing of any waste, including hazardous waste samples from any vehicle in which wastes are being transported;

(3) inspect and copy any records, reports, information, or test results relating to the purposes of this chapter;

(4) inspect any portion of a facility where wastes are generated, stored, treated, or disposed of including any equipment or other appurtenances contained in the facility;

(5) upon any refusal of entry, inspection, sampling, or copying pursuant to this section, the Secretary or the duly authorized representative of the Secretary may apply for and obtain a warrant or subpoena to allow such entry, inspection, sampling, or copying in the manner established by the Vermont Rules of Criminal Procedure.
10 V.S.A. § 4509 — VT Code / Title 10 / Chapter 109 / Section 4509
§ 4509. Proceeds; accounting; liens
Status: in_force

The Commissioner shall make return in writing to the court issuing such order of sale and shall transmit to the court therewith from the proceeds of such sale all costs of condemnation proceedings not taxed against other persons as herein provided. The balance of proceeds remaining shall be credited to the General Fund of the Fish and Wildlife Department and deposited, held, and accounted for in the same manner as provided by law for the miscellaneous receipts by such Department, after paying all liens on such device, according to their validity and priority that are established by intervention or otherwise at the time of forfeiture being adjudged or in other proceedings brought for such purpose as being bona fide and having been created without knowledge by the holders thereof that such device was being or intended to be used contrary to the provisions hereof, such liens to be specified by the court in its order of sale or by order in writing of any other court having jurisdiction over such liens and devices.
10 V.S.A. § 1341 — VT Code / Title 10 / Chapter 47 / Section 1341
§ 1341. New York State; cooperation-Article X
Status: in_force

The Commission is authorized to discuss with appropriate state agencies in New York State questions of pollution of waters which flow into the New England area from New York State or vice versa and to further the establishment of agreements on pollution abatement to promote the interests of the New York and New England areas.

Whenever the Commission by majority vote of the members of each signatory state shall have given its approval and the State of New York shall have taken the necessary action to do so, the State of New York shall be a party to this compact for the purpose of controlling and abating the pollution of waterways common to New York and the New England states signatory to this compact but excluding the waters under the jurisdiction of the Interstate Sanitation Commission (New York, New Jersey and Connecticut).
10 V.S.A. § 6601 — VT Code / Title 10 / Chapter 159 / Section 6601
§ 6601. Declaration of policy and purpose
Status: repealed

(a) The developed world continues to pollute the environment and add to the depletion of the world's resources by burning and burying resources as waste. Furthermore, inefficient and improper methods of managing solid and hazardous waste result in scenic blights, hazards to the public health, cause pollution of air and water resources, increase the numbers of rodents and vectors of disease, have an adverse effect on land values, create public nuisances, and otherwise interfere with proper community life and development.

(b) The overall problems of solid waste management have become a matter statewide in scope and in concern and necessitate State action through planning, financial, and technical assistance and regulation to reduce the amount of waste generated and to promote environmentally acceptable and economical means of waste management.

(c) The generators of waste should pay disposal costs that reflect the real costs to society of waste management and disposal.

(d) [Repealed.]

(e) It is the purpose of this chapter that the State provide technical and financial leadership to municipalities for the siting of solid waste management facilities and the implementation of a program for the management and reduction of wastes that over the long term is sustainable, environmentally sound, and economically beneficial and that encourages innovation and individual responsibility. The Program should give priority to reducing the waste stream through recycling and through the reduction of nonbiodegradable and hazardous ingredients.
10 V.S.A. § 1232 — VT Code / Title 10 / Chapter 46A / Section 1232
§ 1232. General provisions-Article I
Status: in_force

A. Statement of policy. It is recognized that in certain cases municipalities in New Hampshire and Vermont may, in order to avoid duplication of cost and effort, and in order to take advantage of economies of scale, find it necessary or advisable to enter into agreements whereby joint public water supply facilities are erected and maintained. The states of New Hampshire and Vermont recognize the value of and need for such agreements, and adopt this compact in order to authorize their establishment.

B. Requirement of congressional approval. This compact shall not become effective until approved by the U.S. Congress.

C. Definitions.

1. “Public water supply facilities” shall mean publicly owned water supply sources, storage, treatment, transmission, and distribution facilities and ancillary facilities regardless of whether or not the same qualify for federal or state construction grants-in-aid.

2. “Municipalities” shall mean cities, towns, village districts, or other incorporated units of local government possessing authority to construct, maintain, and operate public water supply facilities and to raise revenue therefor by bonding and taxation, that may legally impose and collect user charges and impose and enforce regulatory control upon users of public water supply facilities.

3. “Water supply agency” shall mean the agencies within New Hampshire and Vermont possessing regulating authority over the construction, maintenance, and operation of public water supply facilities and the administration of grants-in-aid from their respective state for the construction of such facilities.

4. “Governing body” shall mean the legislative body of the municipality.
10 V.S.A. § 4404 — VT Code / Title 10 / Chapter 107 / Section 4404
§ 4404. Report of effect of closed season
Status: in_force

When the fishing or hunting season is wholly or partly closed by such proclamation, the Commissioner shall seasonably report to the Governor upon the effect of such action and the Governor may reopen or extend the season by proclamation for a period not to exceed that for which she or he had closed it.
10 V.S.A. § 961 — VT Code / Title 10 / Chapter 39 / Section 961
§ 961. Construction contracts administered
Status: in_force

A sponsoring organization that enters into a project under section 952 of this title may administer construction contracts pertaining to the project, except that the Commissioner of Environmental Conservation may administer those contracts if State funds are involved in the project. (1966, No. 27 (Sp. Sess.), § 7, eff. March 12, 1966; amended 1981, No. 222 (Adj. Sess.), § 23; 1987, No. 76, § 18.)
10 V.S.A. § 54 — VT Code / Title 10 / Chapter 5 / Section 54
§ 54. Rental of building; disposition of funds
Status: in_force

The Secretary may rent the building or parts thereof for exhibition purposes to available exhibitors with reasonable preference being given to exhibitors from this State and, with the approval of the Governor, may rent or lease any part or all of the building to such parties and upon such terms and conditions and for such purposes as they shall determine to be in the best interests of the State, and the income therefrom shall be paid to the State Treasurer and held by him or her in a separate fund for the purposes of this chapter. The Commissioner of Finance and Management shall issue his or her warrant for the payment from such fund of all sums expended or due for the purposes herein authorized.
10 V.S.A. § 567 — VT Code / Title 10 / Chapter 23 / Section 567
§ 567. Motor vehicle pollution
Status: in_force

(a) The Secretary in conjunction with the Department of Motor Vehicles may provide rules for the control of emissions from motor vehicles. Such rules may prescribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of the equipment and the vehicles. Rules pursuant to this section shall be consistent with provisions of federal law, if any, relating to control of emissions from the vehicles concerned and shall not require, as a condition precedent to the initial sale of a vehicle or vehicular equipment, the inspection, certification, or other approval of any feature or equipment designed for the control of emissions from motor vehicles, if the feature or equipment has been certified, approved, or otherwise authorized pursuant to federal law.

(b) Except as permitted or authorized by law, no person shall fail to maintain in good working order or remove, dismantle, or otherwise cause to be inoperative any equipment or feature constituting an operational element of the air pollution control system or mechanism of a motor vehicle and required by rules pursuant to this chapter to be maintained in or on the vehicle. Any failure to maintain in good working order or removal, dismantling, or causing of inoperability shall subject the owner or operator to suspension or cancellation of the registration for the vehicle by the Department of Motor Vehicles. The vehicle shall not thereafter be eligible for registration until all parts and equipment constituting operational elements of the motor vehicle have been restored, replaced, or repaired and are in good working order.

(c) The Secretary shall consult with the Department of Motor Vehicles and furnish it with technical information, including testing techniques, standards, and instructions for emission control features and equipment.

(d) When rules have been issued requiring the maintenance of features or equipment in or on motor vehicles for the purpose of controlling emissions therefrom, no motor vehicle shall be issued an inspection sticker unless all the required features or equipment have been inspected in accordance with the standards, testing techniques, and instructions furnished pursuant to subsection (b) hereof and has been found to meet those standards.

(e) The remedies and penalties provided here apply to violations of this section and provisions of section 568 of this title shall not apply.

(f) As used in this section, “motor vehicle” shall have the same meaning as defined in 23 V.S.A. § 4.
10 V.S.A. § 1928 — VT Code / Title 10 / Chapter 59 / Section 1928
§ 1928. Regulation of farm and residential large motor fuel tanks
Status: in_force

The Secretary shall establish rules for the new installation of or reentry into service of farm and residential underground storage tanks of greater than 1,100 gallons that are or have been used for storing motor fuel for noncommercial purposes. These rules shall establish registration requirements and requirements that address tank condition, composition, size, type, compatibility, and method of installation. No person shall install or reenter into service such a tank after the effective date of these rules without complying with these rules. The Secretary also shall adopt rules that establish requirements for any monitoring or leak detection system or inventory control system or tank testing system deemed appropriate and maintaining records thereof. The rules also shall establish requirements for reporting of any releases and taking corrective action, requirements for tank closure and evidence of financial responsibility, and requirements for the upgrade or closure of tanks by December 22, 1998 that do not meet standards adopted to prevent releases due to corrosion, and spills or overfills. These rules for new and existing tanks shall take into account the unique schedule of home and farm use. Inventory control measures shall be appropriate to these uses. After December 22, 1998, no person shall deliver a regulated substance to a farm or residential tank regulated under this section if that tank is not visibly designated on the premises in a manner prescribed by the Agency as meeting standards adopted to prevent releases due to corrosion, spills, or overfills.
10 V.S.A. § 5216 — VT Code / Title 10 / Chapter 119 / Section 5216
§ 5216. Migratory bird reservations; consent of State; jurisdiction
Status: in_force

Consent of the State of Vermont is given to the acquisition by the United States by purchase, gift, devise, or lease of such land or water, or of land and water in Vermont, as the United States may deem necessary for the establishment of migratory bird reservations in accordance with the act of Congress, approved February 18, 1929, entitled, “Act to more effectively meet the obligations of the United States under the migratory bird treaty with Great Britain by lessening the dangers threatening migratory game birds from drainage and other causes by the acquisition of areas of land and of water to furnish perpetuity reservations for the adequate protection of such birds; and authorizing appropriations for the establishment of such areas, their maintenance and improvement and for other purposes,” reserving, however, to the State of Vermont full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of the act of Congress.
10 V.S.A. § 1301 — VT Code / Title 10 / Chapter 47 / Section 1301
§ 1301. Deposit of sawmill waste in waters
Status: in_force

(a) It shall be unlawful for a person to deposit edgings, slabs, sawdust, shavings, or any other sawmill refuse in the waters of any stream, pond, reservoir, or lake in this State or on the shores or banks thereof in such a manner as to be subject to being washed in the main stream or body of water under normal high water conditions.

(b) A person who violates the provisions of subsection (a) of this section shall be fined no more than $100.00 for each offense.
10 V.S.A. § 6522 — VT Code / Title 10 / Chapter 157 / Section 6522
§ 6522. Public Utility Commission review of proposals for new storage facilities for spent nuclear fuel
Status: in_force

(a) Neither the owners of Vermont Yankee nor their successors and assigns shall commence construction or establishment of any new storage facility for spent nuclear fuel before receiving a certificate of public good from the Public Utility Commission pursuant to 30 V.S.A. § 248. Standards generally applicable to substantial modification of facilities with certificates of public good under 30 V.S.A. § 248 shall apply to any future alterations of any permitted facility.

(b) In addition to all other applicable criteria of 30 V.S.A. § 248, before granting a certificate of public good for a new or altered spent nuclear fuel facility, the Public Utility Commission shall find that:

(1) Adequate financial assurance exists for the management of spent fuel at Vermont Yankee for a time period reasonably expected to be necessary, including through decommissioning, and for as long as it is located in the State.

(2) The applicant has made commitments to remove all spent fuel from Vermont to a federally certified long-term storage facility in a timely manner, consistent with applicable federal standards.

(3) The applicant has developed and will implement a spent fuel management plan that will facilitate the eventual removal of those wastes in an efficient manner.

(4) The applicant is in substantial compliance with any memoranda of understanding entered between the State and the applicant.

(c) In addition, the following limiting conditions shall apply:

(1) Any certificate of public good issued by the Commission shall permit storage only of spent fuel that is derived from the operation of Vermont Yankee and not from any other source.

(2) Any certificate of public good issued by the Commission shall limit the cumulative total amount of spent fuel stored at Vermont Yankee to the amount derived from the operation of the facility up to, but not beyond, March 21, 2012, the end of the current operating license. Authorized capacity may include on-site storage capacity to accommodate full core offload or any order or requirement of the Nuclear Regulatory Commission with respect to the fuel derived from these operations.

(3) The requirement to obtain a certificate of public good from the Commission for this purpose applies to Vermont Yankee, regardless of who owns the facility, and the conditions of the certificate of public good and the requirements of this subchapter will apply to any future owner.

(4) Compliance with the provisions of this subchapter shall constitute compliance with the provisions of this chapter that require that approval be obtained from the General Assembly before construction or establishment of a facility for the deposit or storage of spent nuclear fuel, but only to the extent specified in this subchapter or authorized under this subchapter. The Public Utility Commission is authorized to hear and issue a certificate of public good for such a facility under 30 V.S.A. § 248 to the extent specified or authorized in this subchapter. Other agencies of the State also may receive and act on applications related to the construction or establishment of such a facility, provided that any approval for such a facility applies only to the extent specified or authorized in this subchapter. Storage of spent fuel derived from the operation of Vermont Yankee after March 21, 2012 shall require the approval of the General Assembly under this chapter.

(5) Compliance with the provisions of this subchapter shall not confer any expectation or entitlement to continued operation of Vermont Yankee following the expiration of its current operating license on March 21, 2012. Before the owners of the generation facility may operate the generation facility beyond that date, they must first obtain a certificate of public good from the Public Utility Commission under Title 30.
10 V.S.A. § 4551 — VT Code / Title 10 / Chapter 109 / Section 4551
§ 4551. Fish and wildlife violation defined
Status: in_force

A violation of any provision of this part, other than a violation for which a term of imprisonment may be imposed or a minor violation as defined in section 4572 of this title, shall be a fish and wildlife violation.
10 V.S.A. § 4454 — VT Code / Title 10 / Chapter 108 / Section 4454
§ 4454. Penalties
Status: in_force

(a) Notwithstanding section 4502 of this title, the Commissioner may suspend a Vermont hunting, fishing, or trapping license and privileges to obtain such licenses of a person convicted of a wildlife violation in a state party to the Compact, provided that the wildlife violation would have been the basis for suspension of license privileges in Vermont.

(b) No person whose license, privilege, or right to hunt, fish, trap, possess, or transport wildlife, having been suspended or revoked pursuant to this chapter, shall be permitted to obtain a license to hunt, fish, or trap in Vermont.

(c) A person shall be subject to the financial penalties as set forth under section 4518 of this title if he or she:

(1) hunts, fishes, traps, possesses, or transports wildlife in Vermont in violation of a suspension or revocation of a license under chapter 108 of this title; or

(2) purchases or possesses a license to hunt, fish, trap, possess, or transport wildlife in Vermont in violation of a suspension of revocation of a license under chapter 108 of this title.

(d)(1) Prior to suspending a Vermont hunting, fishing, or trapping license of a resident of this State under subsection (a) of this section, the Commissioner shall notify the person in writing. A suspension shall be deemed effective:

(A) when given if notice is made in person; or

(B) three days after the deposit of notice in the U.S. mail, if notice is made in writing.

(2) A person receiving notice under subsection (a) of this section may, within 20 days of the date notice is given, request a hearing before the Commissioner on whether the requirements for suspension or penalty have been met. The requesting person may present evidence and arguments at the hearing only regarding whether:

(A) a participating state suspended the person's privileges;

(B) there was a conviction in the participating state;

(C) the person failed to comply with the terms of a citation issued for a wildlife violation in a participating state; or

(D) a conviction in a participating state could have led to a license suspension or penalty in Vermont.

(3) At the hearing, the Commissioner or a hearing officer designated by the Commissioner may:

(A) administer oaths;

(B) issue subpoenas for the attendance of witnesses; and

(C) admit all relevant evidence and documents, including notifications from participating states.

(4) Following a hearing under this subsection, the Commissioner or a designated hearing officer may, based on the evidence, affirm, modify, or rescind the suspension of a license.

(5) A decision of the Commissioner or hearing officer under this section shall not be appealable.
10 V.S.A. § 593 — VT Code / Title 10 / Chapter 24 / Section 593
§ 593. Rules
Status: in_force

(a) The Secretary of Natural Resources shall adopt rules pursuant to 3 V.S.A. chapter 25 consistent with the Vermont Climate Action Plan (Plan). In adopting rules pursuant to this section the Secretary shall:

(1) Ensure that the rules are consistent with the specific initiatives, programs, and strategies set forth in the Plan and updates to the Plan; follow the Vermont Climate Council's guidance provided pursuant to subdivision 591(b)(4) of this chapter; and further the objectives pursuant to subsection 592(d) of this chapter.

(2) Develop a detailed record containing facts; data; and legal, scientific, and technical information sufficient to establish a reasonable basis to believe that the rules shall achieve the State's greenhouse gas emissions reductions requirements pursuant to section 578 of this title. This detailed record shall be included with the rule and filed with the Secretary of State pursuant to 3 V.S.A. § 838.

(b) On or before December 1, 2022, the Secretary shall adopt and implement rules consistent with the specific initiatives, programs, and strategies set forth in the Plan and achieve the 2025 greenhouse gas emissions reduction requirement pursuant to section 578 of this title.

(c) The Secretary shall conduct public hearings across the State concerning the proposed rules. The Secretary shall conduct a portion of these hearings in areas and communities that have the most significant exposure to the impacts of climate change, including disadvantaged, low-income, and rural communities and areas.

(d) The Secretary shall, on or before July 1, 2024, review and, if necessary, update the rules required by subsection (b) of this section in order to ensure that the 2025 greenhouse gas emissions reduction requirement pursuant to section 578 of this title is achieved. In performing this review and update, the Secretary shall observe the requirements of subsection (c) of this section.

(e) On or before July 1, 2026, the Secretary shall adopt and implement rules consistent with the specific initiatives, programs, and strategies set forth in the Plan and updates to the Plan and achieve the 2030 greenhouse gas emissions reduction requirement pursuant to section 578 of this title. The Secretary shall observe the requirements of subsection (c) of this section.

(f) The Secretary shall, at his or her discretion, but not less frequently than once every two years between 2026 and 2030, review and, if necessary, update the rules required by subsection (e) of this section in order to ensure that the 2030 greenhouse gas emissions reduction requirement pursuant to section 578 of this title is achieved. In performing this review and update, the Secretary shall observe the requirements of subsection (c) of this section.

(g) On or before July 1, 2040, the Secretary shall adopt and implement rules consistent with the specific initiatives, programs, and strategies set forth in the Plan and updates to the Plan and achieve the 2050 greenhouse gas emissions reduction requirement pursuant to section 578 of this title.

(h) The Secretary shall, at his or her discretion, but not less frequently than once every two years between 2040 and 2050, review and, if necessary, update the rules required by subsection (g) of this section in order to ensure that the 2050 greenhouse gas emissions reduction requirement pursuant to section 578 of this title is achieved. In performing this review and update, the Secretary shall observe the requirements of subsection (c) of this section.

(i) The Secretary may establish alternative reduction mechanisms to be used by sources of greenhouse gas emissions, if necessary, to achieve net zero emissions after 2050.

(1) The use of alternative reduction mechanisms shall account for not more than 20 percent of statewide greenhouse gas emissions estimated as a percentage of 1990 emissions. The use of a mechanism must offset a quantity of greenhouse gas emissions equal to or greater than the amount of greenhouse gasses emitted.

(2) The Secretary shall verify that any greenhouse gas emissions offset projects authorized as alternative reduction mechanisms represent equivalent emissions reductions or carbon sequestration that are real, additional, verifiable, enforceable, and permanent.

(j) If the Council fails to adopt the Plan or update the Plan as required by section 592 of this chapter, the Secretary shall adopt and implement rules pursuant to 3 V.S.A. chapter 25 to achieve the greenhouse gas emissions reductions requirements pursuant to section 578 of this title.

(k) Nothing in this section shall be construed to limit the existing authority of a State agency, department, or entity to regulate greenhouse gas emissions or establish strategies or adopt rules to mitigate climate risk and build resilience to climate change.

(l) The General Assembly may repeal, revise, or modify any rule or amendment to any rule, and its action shall not be abridged, enlarged, or modified by subsequent rule.
10 V.S.A. § 4828 — VT Code / Title 10 / Chapter 113 / Section 4828
§ 4828. Taking of rabbit or fur-bearing animals by landowner; selectboard; certificate; penalty
Status: in_force

(a)(1) The provisions of law or rules of the Board relating to the taking of rabbits or fur-bearing animals shall not apply to:

(A) an owner, the owner's employee, tenant, or caretaker of property protecting the property from damage by rabbits or fur-bearing animals; or

(B) a member of the selectboard of a town protecting public highways or bridges from such damage or submersion with the permission of the owner of lands affected.

(2) A person who for compensation sets a trap for rabbits or fur-bearing animals on the property of another in defense of that property shall possess a valid trapping license.

(3) if required by rule of the Board, an owner; the owner's employee, tenant, or caretaker; a member of the selectboard; or a person who sets a trap for compensation who desires to possess during the closed season the skins of any fur-bearing animals taken in defense of property, highways, or bridges shall notify the Commissioner or the Commissioner's representative within 84 hours after taking the animal, and shall hold the pelts for inspection by such authorized representatives.

(b) Before disposing of pelts taken under this section, if required by rule of the Board, the property owner; the owner's employee, tenant, or caretaker; a member of the selectboard; or a person who sets a trap for compensation shall secure from the Commissioner or a designee a certificate describing the pelts, and showing that the pelts were legally taken during a closed season and in defense of property, highways, or bridges. In the event of storage, sale, or transfer, the certificates shall accompany the pelts.
10 V.S.A. § 7030 — VT Code / Title 10 / Chapter 161 / Section 7030
§ 7030. Enforcement and judicial review
Status: in_force

(a) Any person who violates this chapter or any rule adopted under this chapter or refuses to comply with any of the provisions of this chapter shall be subject to enforcement actions under chapters 201 and 211 of this title, except that for the failure to pay the service fees under section 7013 of this title, the penalty shall be no more than 25 percent of the fees owed.

(b) Any person, upon a well-founded belief that there has been a violation of this chapter or any rule adopted under this chapter or a refusal to comply with any of the provisions of this chapter, or of the rules adopted under this chapter, may commence an action in Washington Superior Court for injunctive relief, or other appropriate relief, or for penalties and attorney's fees.
10 V.S.A. § 151 — VT Code / Title 10 / Chapter 9 / Section 151
§ 151. Terminology and spelling
Status: in_force

(a) The State Librarian is authorized to furnish for any federal or state publication the proper terminology and spelling of any geographic name in Vermont and may advise the U.S. Postal service regarding the proper selection and spelling of the name of a Vermont post office or any railroad company regarding the use and spelling of the name of a Vermont station. The State Librarian is authorized to function in collaboration with the U.S. board on geographic names and to conduct his or her operations similarly.

(b) The names used in the topographic maps of the State now being prepared by the U.S. Geological Survey in cooperation with the State shall be spelled in accordance with the recommendations of the State Librarian.
10 V.S.A. § 1428 — VT Code / Title 10 / Chapter 49 / Section 1428
§ 1428. River corridor protection
Status: in_force

(a) River corridor maps. Upon completion of a sensitivity assessment for a river or river segment under section 1427 of this title, the Secretary shall provide to each municipality and regional planning commission in which the river or river segment is located a copy of the sensitivity assessment and a river corridor map for the municipality and region. A river corridor map provided to a municipality and regional planning commission shall identify floodplains, river corridor protection areas, flood hazard areas, and other areas or zones indicated on a Federal Emergency Management Agency flood insurance rate map, and shall recommend best management practices, including vegetated buffers, based on site-specific conditions. The Secretary shall post a copy of the sensitivity assessment and river corridor map to the Agency of Natural Resources' website. A municipality with a mapped river or river segment shall post a copy of a sensitivity assessment and river corridor map received under this subsection in the municipal offices and on the municipality's website, if the municipality regularly updates its website. A regional planning commission shall post a sensitivity assessment or river corridor map received under this subsection in the commission's offices and on the commission's website. When a sensitivity assessment or a river corridor map is provided to a municipality, provided to a regional planning commission, or posted on the Agency website, the Agency shall provide all information, including the supportive data, in a digital format.

(b) River corridor protection area bylaw. The Secretary shall create and make available to municipalities several alternative model river corridor protection area bylaws or ordinances for potential adoption by municipalities pursuant to 24 V.S.A. chapter 117 or 24 V.S.A. § 2291. The model bylaws or ordinances shall use terminology consistent with the National Flood Insurance Program regulations.

(c) Flood Resilient Communities Program; incentives. No later than February 1, 2013, the Secretary of Administration, after consultation with the State agencies of relevant jurisdiction, shall offer financial incentives through a Flood Resilient Communities Program. The Program shall list the existing financial incentives under State law for which municipalities may apply for financial assistance, when funds are available, for municipal adoption and implementation of bylaws under 24 V.S.A. chapter 117 that protect river corridors and floodplains. The Secretary of Natural Resources shall summarize minimum standards for municipal eligibility for any financial incentives established under this subsection.
10APPENDIX V.S.A. § 20 — VT Code / Title 10APPENDIX / Chapter 1 / Section 20
App. § 20. Aerial Hunting
Status: in_force

1.0 Authority

This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the general assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance. In accordance with 10 V.S.A § 4084(a)(4), the Fish and Wildlife Board has the authority to prescribe the manner and means of taking any species or variety, and including reporting and tagging of game.

2.0 Purpose

The purpose of this rule is to restrict the taking of wild animals by use of aircraft and drones.

3.0 Definitions3.1 “Aircraft” means a contrivance used for navigation of or flight in the air and specifically includes, but is not limited to, planes, helicopters, hang-gliders, hot air balloons and any other device that allows a person to fly or hover above the ground.

3.2 “Take or taking” as defined in 10 V.S.A. § 4001: pursuing, shooting, hunting, killing, capturing, trapping, snaring and netting fish, birds and quadrupeds 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 fish or wild animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, reference is had to taking by lawful means and in lawful manner.

3.3 “Unmanned aerial vehicle” means any device capable of flying in the air which is remotely, automatically or otherwise piloted without an occupant, including but not limited to drones.

3.4 “Wild animal” as defined in 10 V.S.A. § 4001: all animals, including birds, fish, amphibians, and reptiles, other than domestic animals.

4.0 Aerial Hunting and Taking Prohibitions; Generally.

4.1 It shall be unlawful for any person to take or attempt to take wild animals while a person is in an aircraft.

4.2 It shall be unlawful for any person to take or attempt to take wild animals by use of an UAV.

4.3 It shall be unlawful for any person within an aircraft, or with the use of a drone or UAV, to:

(a) attempt to locate, surveil, or aid or assist in attempting to locate or surveil any wild animal, for the purpose of taking or attempting to take the wild animal; or

(b) drive or harass any wild animal, or otherwise aid or assist in taking or attempting to take a wild animal.

5.0 Authorized Exceptions.

Nothing in this rule shall be construed to relieve or modify the requirement to comply with applicable state and federal regulations, regarding aircraft and UAVs or, to apply to qualified personnel carrying out their lawful duties, in compliance with applicable state and federal regulations and permits, regarding aircraft and “UAVs”.
10 V.S.A. § 1004 — VT Code / Title 10 / Chapter 41 / Section 1004
§ 1004. State's agent
Status: in_force

The Secretary shall be the agent to coordinate the State interest before the Federal Energy Regulatory Commission in all matters involving water quality and regulation or control of natural stream flow through the use of dams situated on streams within the boundaries of the State, and it shall advise the Federal Energy Regulatory Commission of the amount of flow considered necessary in each stream under consideration. The Agency of Natural Resources shall be the certifying agency of the State for purposes of Section 401 of the federal Clean Water Act and the Secretary's determinations on these certifications shall be final action by the Secretary appealable to the Environmental Division. The Secretary shall be the agent of the State and shall represent the State's interest under the provisions of the Federal Power Act, including those that protect State-designated outstanding resource waters. However, the Secretary's authority shall not infringe upon the powers and duties of the Public Utility Commission or the relations of that Commission to the Federal Energy Regulatory Commission as set forth in the Federal Power Act respecting water used for the development of hydroelectric power or projects incident to the generation of electric energy for public use as part of a public utility system.
10 V.S.A. § 6614 — VT Code / Title 10 / Chapter 159 / Section 6614
§ 6614. Waiver
Status: in_force

The Secretary may waive the requirements of subsection 6605(d) of this title and the technical and siting requirements of the solid waste management rules adopted pursuant to subdivision 6603(1) of this title, provided the following conditions are met:

(1) The Secretary intends to perform a removal or remedial action, pursuant to chapter 159 of this title, or the President of the United States intends to perform a response action, as defined in 42 U.S.C. § 9601(25), in response to a release or threatened release of hazardous substances; and

(2) The Secretary makes a prior written determination that:

(A) the proposed response action will not adversely affect the public health, safety, or the environment; and

(B) the technical and siting requirements will be complied with to the extent practical in light of the overall objectives of the response.
10 V.S.A. § 8018 — VT Code / Title 10 / Chapter 201 / Section 8018
§ 8018. Requests for hearings on landfill closure extension orders
Status: in_force

(a) The applicant or the Attorney General may request a hearing on the decision of the Secretary under sections 6605e and 8008a of this title. Additionally, a municipality in which the landfill is located or an interested person may request such a hearing if a proposed landfill closure extension order would increase the volume of waste disposed on a quarterly basis by 30 percent or more over the volume of waste disposed during the first quarter of 1992. Notice of a request for hearing shall be filed with the Environmental Division and the Secretary within 15 days of the date of receipt of the Secretary's decision. Upon receipt of the notice, the Secretary shall forward a copy of the decision to the Environmental Division.

(b) The Environmental judge shall have authority to determine whether the Secretary's decision is in conformance with the provisions of sections 8008a and 6605e of this title. The Environmental judge may affirm, modify, or reverse the Secretary's decision and any provision of any order issued by the Secretary under sections 8008a and 6605e of this title.

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

(1) a statement that the parties have a right to appeal the decision to the Supreme Court, and a description of the procedures for requesting an appeal; and

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

(d) Notice of a request for hearing shall not stay the order, pending the hearing.

(e) The Environmental Division may grant party status to an interested person in a hearing under this section.

(f) As used in this section, “interested person” means a person who demonstrates that the interest of the person is not adequately represented by any other party and who has:

(1) an ownership, leasehold, or contractual interest in real property affected by the order; or

(2) an interest in the outcome of the proceeding that is distinct from the interest of the public-at-large because of the person's place of residence, place of employment, or place of business.
10 V.S.A. § 633 — VT Code / Title 10 / Chapter 25 / Section 633
§ 633. Refunding obligations - Issuance
Status: in_force

The Agency may provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding that have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such obligations and for any corporate purpose of the Agency. The issuance of such obligations, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the Agency in respect of the same shall be governed by the provisions of this chapter that relate to the issuance of obligations, insofar as those provisions may be appropriate.
10 V.S.A. § 1324 — VT Code / Title 10 / Chapter 47 / Section 1324
§ 1324. Rulemaking
Status: in_force

The Secretary may adopt rules to implement the requirements of this subchapter.
10 V.S.A. § 701 — VT Code / Title 10 / Chapter 31 / Section 701
§ 701. Policy
Status: in_force

It is hereby declared to be the policy of the Legislature to provide for the conservation, development, and use of the natural resources of this State and that the lands, water, forests, and wildlife of the State of Vermont are among the basic assets of the State, and that the preservation of these lands, water, forests, and wildlife by conservation, development, and use is necessary to protect and promote the health, safety, and general welfare of its people.
10 V.S.A. § 1338 — VT Code / Title 10 / Chapter 47 / Section 1338
§ 1338. Effect on local legislation; pending causes-Article VII
Status: in_force

Nothing in this compact shall be construed to repeal or prevent the enactment of any legislation or prevent the enforcement of any requirement by any signatory state imposing any additional condition or restriction to further lessen the pollution of waters within its jurisdiction. Nothing herein contained shall affect or abate any action now pending brought by any governmental board or body created by or existing under any of the signatory states.
10 V.S.A. § 6082 — VT Code / Title 10 / Chapter 151 / Section 6082
§ 6082. Approval by local governments and State agencies
Status: in_force

The permit required under section 6081 of this title shall not supersede or replace the requirements for a permit of any other State agency or municipal government. (1969, No. 250 (Adj. Sess.), § 27, eff. April 4, 1970.)
10 V.S.A. § 2625 — VT Code / Title 10 / Chapter 83 / Section 2625
§ 2625. Regulation of heavy cutting
Status: in_force

(a) Definitions. For purposes of this section, the following definitions shall apply:

(1) “Acceptable growing stock” means a stem having a diameter of 4.5 inches or greater at breast height that has the potential of producing a sawlog product of a commercial species of any grade, now or in the future.

(2) “Heavy cut” means a harvest leaving a residual stocking level of acceptable growing stock below the C-line, as defined by the U.S. Department of Agriculture silvicultural stocking guides for the applicable timber type.

(3)(A) “Landowner” means a person or entity that owns or controls the land or the right to harvest timber or other wood products, including:

(i) an individual, partnership, corporation, association, unincorporated organization, trust, or other legal or commercial entity, including a joint venture or affiliated ownership;

(ii) a municipality or State agency;

(iii) individuals and entities affiliated with each other for profit, consideration, or any other beneficial interest derived from the harvest of timber or other wood products;

(iv) an individual's parents, children, and spouse, unless the individual establishes that he or she will derive no profit or consideration, or acquire any other beneficial interest from the harvest of timber or other wood products by the parent, child, or spouse.

(B) The following individuals and entities shall be presumed not to be affiliated for the purpose of profit, consideration, or other beneficial interest within the meaning of this chapter, unless there is substantial evidence of an intent to evade the purposes of this chapter:

(i) a stockholder in a corporation shall be presumed not to be affiliated with others, solely on the basis of being a stockholder, if the stockholder and the stockholder's spouse, parents, children, and siblings own, control, or have a beneficial interest in less than five percent of the outstanding shares in the corporation;

(ii) an individual shall be presumed not to be affiliated with others, solely for actions taken as an agent of another within the normal scope of duties of a court appointed guardian, a licensed attorney, real estate broker, or salesperson, engineer, land surveyor, forester, or retail or wholesale vendor of wood products, unless the compensation received or beneficial interest obtained as a result of these duties indicates more than an agency relationship;

(iii) a seller or chartered lending institution shall be presumed not to be affiliated with others, solely for financing all or a portion of the purchase price at rates not substantially higher than prevailing lending rates in the community, and subsequently granting a partial release of the security when the buyer harvests timber or other wood products;

(iv) a logging contractor shall be presumed not to be affiliated with others solely for conducting a harvest of timber or other wood products, while subject to supervision and control of a landowner, unless the logging contractor holds an ownership interest in the land or standing timber or is affiliated with others holding an ownership interest in the land or standing timber.

(b) Notice of intent to cut. The following landowners shall file a notice of intent to cut with a Department field forester at least 15 days before commencing a heavy cut:

(1) A landowner who intends to conduct a heavy cut of 40 acres, or more, on land owned or controlled by the landowner.

(2) A landowner who intends to conduct a heavy cut and has conducted heavy cuts on other lands owned or controlled by the landowner, within the five previous years:

(A) within a radius of 1,000 feet of the proposed harvest, so that the total acreage subjected to a heavy cut has exceeded or will exceed 40 acres; or

(B) within a radius of two miles of the proposed harvest, so that the acreage subjected to a heavy cut has exceeded or will exceed 80 acres.

(c) Exemptions. Upon the filing of a notice of intent to cut, a Department field forester shall determine that the cut is exempt, and that no further review is necessary, if one of the following apply:

(1) The landowner has filed the notice of intent to cut for informational purposes, even though the proposed harvest is not subject to regulation as a heavy cut under the provisions of this section.

(2) The landowner certifies that the proposed heavy cut is intended to carry out an agricultural conversion plan, and that the conversion will be completed and the land will be in agricultural production within five years.

(3) The landowner certifies that the proposed heavy cut is intended to carry out a conversion that is subject to regulation by a district environmental commission under chapter 151 of this title or by the Public Utility Commission under Title 30.

(4) The landowner certifies that the proposed heavy cut is consistent with one of the following:

(A) A forest management plan currently in effect and approved by the Department under the current use assessment program.

(B) A chip harvesting plan currently in effect and approved by the Department of Fish and Wildlife under a permit issued under 30 V.S.A. § 248.

(C) Another forest management plan currently in effect and approved by the Department under Department rules in effect at the time of approval of the plan.

(d) Authorization to proceed. If an exemption does not apply and the applicable fee has been paid, a Department field forester shall review the proposed heavy cut. If the proposal is in conformance with the applicable rules adopted by the Department, a Department field forester shall issue authorization to proceed. If the proposed heavy cut is not in conformance with the rules, authorization to proceed shall be denied and the proposed heavy cut shall be prohibited.

(e) Processing of a notice of intent to cut.

(1) Within 15 days of the filing of a notice of intent to cut, a Department field forester shall notify a landowner if a notice of intent is incomplete and more information is required in order to determine whether or not an exemption applies.

(2) Within 15 days of the filing of a complete notice of intent, a Department field forester:

(A) shall determine whether or not a proposed heavy cut is exempt; and

(B) in case a proposed heavy cut is not exempt, shall determine whether authorization to proceed shall be issued or denied; and

(C) shall notify the landowner, and any town in which the cut is proposed, of that determination or those determinations.

(3) If, within the relevant 15-day period, a Department field forester fails to make a determination regarding exemption or fails to request additional required information from a landowner, the proposed heavy cut shall be deemed to be exempt from the review requirements of this section. This exemption shall not relieve the landowner from conforming with the requirements of the approved management or chip harvesting plan, the proposed harvest plan described in the notice of intent to cut, or any applicable rules adopted by the Department.

(f) Appeals. If the exemption is denied or if authorization to proceed is denied, the landowner shall have 30 days in which to file an appeal with the Commissioner.

(1) Upon the filing of an appeal, the Commissioner may appoint a review team of natural resources professionals to visit the site, gather information about the proposed heavy cut, and make recommendations to the Commissioner. The Commissioner may also appoint a hearing officer to take sworn statements of the landowner, the review team, and other witnesses called by the landowner or the hearing officer, and make recommendations to the Commissioner.

(2) The Commissioner shall issue a decision in writing within 30 days of the receipt of an appeal.

(3) Appeals of the Commissioner's decision shall be made in accordance with chapter 220 of this title.

(g) Rulemaking authority. The Commissioner shall adopt rules relating to heavy cutting subject to the notice of intent to cut requirements established by this section. The rules shall establish:

(1) Silvicultural guidelines and forestry standards.

(2) Requirements with respect to soil productivity, water quality, wetlands, riparian zones, significant wildlife habitat areas, unique or fragile areas, regeneration, scenic quality, and unusual environmental events such as those causing severe damage from wind, ice, disease, or insect infestation.

(3) Procedures relating to the filing and processing of a notice of intent to cut.

(h) Fees. There shall be a fee of $100.00 for filing a notice of intent to cut for a cut that is not exempt from review under the provisions of subsection (c) of this section and when a field review is required to assess the proposed cut. Fees paid for proposals that are later deemed to be entitled to an exemption shall be returned to the landowner. Fees shall be deposited into the environmental permit fund established under 3 V.S.A. § 2805.

(i) Applicability to public lands.

(1) The provisions of this section shall apply to heavy cuts on public lands, except that no heavy cut may occur on certain lands owned by the Agency of Natural Resources, unless the proposed heavy cut is included in the State's management plan that has been adopted subsequent to a public review process.

(2) Any heavy cut on public lands shall be conducted in accordance with applicable rules adopted by the Commissioner.

(j) Enforcement. A violation of the provisions of this section or the rules adopted under this section, false certification under this section, and noncompliance with a harvesting plan or a management plan that constitutes an exemption to this section shall each constitute a violation as defined under chapter 201 of this title and shall be subject to enforcement under that chapter and under chapter 211 of this title.
10APPENDIX V.S.A. § 2a — VT Code / Title 10APPENDIX / Chapter 1 / Section 2a
App. § 2a. Big game; tagging
Status: in_force

(a) 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 immediately tag the big game carcass upon taking. 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 and until such time that the animal is cut up for consumption.

(b) A person shall not transport parts of a big game animal unless the parts or package containing them are marked with the name and address of the person who killed the big game.

(c) A person may transport into and possess in this state big game legally taken in another state or country provided such person shall retain the tag required to be attached to the carcass by the state or country where taken and mark each package of meat with the name of the person who took the animal, tag number, date, and state or country of origin.
10 V.S.A. § 2602 — VT Code / Title 10 / Chapter 83 / Section 2602
§ 2602. Definitions
Status: in_force

As used in this chapter:

(1) “Agency” means the Agency of Natural Resources as created by 3 V.S.A. chapter 51.

(2) “Department” means the Department of Forests, Parks and Recreation within the Agency of Natural Resources.

(3) “Commissioner” means the Commissioner of Forests, Parks and Recreation.

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

(5) “Forest product” mean logs; pulpwood; veneer; bolt wood; wood chips; stud wood; poles; pilings; biomass; fuel wood; maple sap; or bark.

(6) “Forestry operation” means activities related to the management of forests, including a timber harvest; pruning; planting; reforestation; pest, disease, and invasive species control; wildlife habitat management; and fertilization. “Forestry operation” includes the primary processing of forest products of commercial value on a parcel where the timber harvest occurs.

(7) “Timber” means trees, saplings, seedlings, bushes, shrubs, and sprouts from which trees may grow, of every size, nature, kind, and description.

(8) “Timber harvest” means a forestry operation involving the harvest of timber.
10 V.S.A. § 6507 — VT Code / Title 10 / Chapter 157 / Section 6507
§ 6507. Scope of State regulation of radioactive materials and waste
Status: in_force

(a) This section applies to:

(1) waste or material, generated within the United States, with respect to which all of the following apply:

(A) it is radioactive waste or radioactive materials classified as radioactive waste by the U.S. Nuclear Regulatory Commission (NRC) as of January 1, 1989;

(B)(i) it is radioactive waste or radioactive materials that were not eligible and approved for special disposal provisions under the NRC regulations in effect as of January 1, 1989; or

(ii) it is radioactive waste or radioactive materials that have not been determined to be approvable for special disposal under NRC regulations in effect as of January 1, 1989, even though the determination is made after that date; and

(C) it was generated or utilized by any government agency or pursuant to a government contract or license;

(2) waste or material generated outside the United States with respect to which all of the following apply:

(A) it is radioactive waste or radioactive materials that would have been classified as radioactive waste or radioactive materials by the NRC as of January 1, 1989, if it had been generated within the United States;

(B)(i) it is radioactive waste or radioactive materials that would not have been eligible and approved for special disposal provisions under NRC regulations in effect as of January 1, 1989, if it had been generated within the United States; or

(ii) it is radioactive waste or radioactive materials that have not been determined to be approvable for special disposal under those regulations in effect as of January 1, 1989, had it been generated within the United States, even though the determination is made after that date.

(b) Waste or materials covered by subsection (a) of this section shall not be treated, recycled, stored, or disposed of except at a facility with a specific license, whether or not that radioactive waste or those materials, since January 1, 1989, have been deregulated or declared exempt from regulatory control by the NRC or other federal agencies.
10 V.S.A. § 7064 — VT Code / Title 10 / Chapter 162 / Section 7064
§ 7064. Support of the Compact Commission member
Status: in_force

(a) The Agency of Natural Resources, the Agency of Administration, the Department of Public Service, the Department of Health, and the Attorney General shall respond to requests of the Commission member for data and information needed for Commission activities.

(b) Expenses of any State agency for all actions and proceedings authorized under this chapter and the Compact shall be allocated to the Secretary of Administration for billing under subdivision 7067(b)(3) of this title, including expenses for the use of additional personnel and regular employees.
10 V.S.A. § 6698 — VT Code / Title 10 / Chapter 159 / Section 6698
§ 6698. Inventory exception
Status: in_force

A store or food service establishment shall not violate a prohibition under this subchapter regarding the provision of a carryout bag, single-use plastic straw, single-use stirrer, or expanded polystyrene food service product if the store or food service establishment:

(1) purchased the carryout bag, single-use plastic straw, single-use stirrer, or expanded polystyrene food service product prior to May 15, 2019; and

(2) provides the carryout bag, single-use plastic straw, single-use stirrer, or expanded polystyrene food service product to a consumer on or before July 1, 2021.
10 V.S.A. § 505 — VT Code / Title 10 / Chapter 21 / Section 505
§ 505. Relation to other laws; local ordinances
Status: in_force

(a) This chapter shall not supersede the provisions of any local ordinances whose requirements are more strict than those of this chapter, and not inconsistent therewith, whether those ordinances were enacted before or after the effective date of this chapter.

(b) The provisions of this chapter with respect to sign control are not exclusive of any rights or remedies provided the Agency of Transportation and the legislative bodies of municipalities, in their respective jurisdictions, by Title 19, any other statute, municipal charter or ordinance, the doctrines of equity, or the common law. (1967, No. 333 (Adj. Sess.), § 25; amended 1993, No. 121 (Adj. Sess.), § 13.)
10 V.S.A. § 4254 — VT Code / Title 10 / Chapter 105 / Section 4254
§ 4254. Fishing and hunting licenses; eligibility, design, distribution, sale, and issue
Status: repealed

(a) Fishing licenses. A fishing license may be issued to any person aged 15 or older.

(b) Hunting licenses. A resident or nonresident hunting license, combination fishing and hunting license, or archery license may be issued to any person, provided that the applicant prior to issue first presents:

(1) a certificate of satisfactory completion of a Vermont hunter safety course, bow hunter education course as applicable, or an equivalent approved by the Commissioner; or

(2) a certificate of satisfactory completion of a hunter safety course, or bow hunter education course as applicable, in another state or a province of Canada which is approved by the Commissioner; or

(3) a hunting license, a combination hunting and fishing license, or archery license, if applicable, issued for this State or any other state or a province of Canada and valid for any license year; or

(4) other satisfactory proof that the applicant has previously held a hunting, or combination hunting and fishing license or archery license, if applicable. A hunting license or archery license may be issued to a person aged 15 or under only with the written consent of the applicant's parent or legal guardian given in the presence of the agent issuing the license.

(c) Hunter Education. The Commissioner shall provide for a course of basic instruction in the safe handling of firearms, survival training, and first aid training and a course in bow hunter education. For this purpose, the Commissioner may cooperate with any reputable association, organization, or agency, and he or she may designate any person found by him or her to be competent to give such instruction. A person satisfactorily completing the course of instruction shall receive from the instructor a certificate in evidence thereof. No fee shall be charged for a course of instruction provided under this subsection.

(d) Administration. The Commissioner shall be responsible for the design of all licensing documents and forms, the sale of licenses, the reporting of sales, and the full return of all funds due the Department.

(e) Licenses. The Commissioner shall establish:

(1) license agencies, for the sale and distribution of licenses or lottery applications for licenses, including any town clerk who desires to sell licenses or process lottery applications for licenses;

(2) the number, type, and location of license agencies, other than town clerk agencies;

(3) the qualifications of all agencies and agents except town clerks;

(4) controls for the inventory, safeguarding, issue, and recall of all licensing materials;

(5) the times and methods for reporting the sale and issuance of all licenses;

(6) procedures for accounting for and return of all monies and negotiable documents due the Department from agencies in accordance with the provisions of this title and Title 32 of the Vermont Statutes Annotated;

(7) procedures for the audit of all license programs and license agency transactions and the proper retention and inspection of all accounting and inventory records related to the sale or issuance of licenses;

(8) procedures for the suspension of any license agent or agency, including a town clerk agent, for noncompliance with the provisions of this title, any written agreement between the agent and the Department, or any licensing rule established by the Department;

(9) that for each license or lottery application, $1.50 of the fee is a filing fee that may be retained by the agent, except for the super sport license for which $5.00 of the fee is a filing fee that may be retained by the agent; and

(10) that for licenses, lottery applications, and tags issued where the Department does not receive any part of the fee, $1.50 may be charged as a filing fee and retained by the agent.

(f) License agency. All persons or businesses who wish to serve as agents shall apply on forms provided by the Department. Except for the fee collected under subdivision (e)(9) of this section, all license fees collected by an agent are the property of the State of Vermont and shall be promptly paid to the State following the procedures established under subdivision (e)(6) of this section.

(g) [Repealed.]

(h) Lotteries. If the Board decides to hold a lottery for the purpose of allocating permits to hunt or fish, except for a lottery held pursuant to section 4081 or 4153 of this title or for water fowl hunting permits for specific areas as defined by the Board by rule, the Department shall require that each resident entering the lottery shall submit a nonrefundable fee of $10.00 and each nonresident entering the lottery shall submit a nonrefundable fee of $25.00 with each application. Proceeds from the sale of applications shall be deposited into the Fish and Wildlife Fund.

(i) Moose hunting.

(1) If the Board establishes a moose hunting season, not more than 10 percent of the total number of annual moose permits authorized by the Board shall be set aside to be auctioned. The total number of annual moose permits set aside to be auctioned shall not exceed six. The moose permits, if any, set aside for auction shall be included in the total number of annual moose permits authorized by the Board. The Board shall adopt rules necessary for the Department to establish, implement, and run the auction process. The Commissioner annually may establish a minimum dollar amount of not less than $1,500.00 for any winning bid for a moose permit auctioned under this subdivision. Proceeds from the auction shall be deposited in the Fish and Wildlife Fund and used for conservation education programs run by the Department. Successful bidders must have a Vermont hunting or combination license in order to purchase a moose permit.

(2) If the Board establishes a moose hunting season, the Commissioner shall set aside not more than 10 percent of the total number of annual moose permits authorized by the Board for Vermont residents who have served on active duty in any branch of the U.S. Armed Forces provided that he or she has not received a dishonorable discharge. The total number of annual moose permits set aside for Vermont veterans shall not exceed six. Veterans awarded a moose permit under this subsection shall possess a valid Vermont hunting license or combination license in order to purchase a moose permit. The Department of Fish and Wildlife shall coordinate with the Office of Veterans Affairs to provide notice to eligible veterans of the moose permits set aside under this subsection.

(3) The Department of Fish and Wildlife shall adopt a procedure to implement the set-aside program for auction and for veterans, including a method to award applicants bonus points and a method by which auction participants and veterans who applied for but failed to receive a permit in one hunting season are awarded priority in the subsequent moose hunting season. The procedure adopted under this subdivision may include a provision for freezing bonus points in the event that the Board does not approve a moose hunting season or approves a small number of permits for the moose hunting season.
10 V.S.A. § 1943 — VT Code / Title 10 / Chapter 59 / Section 1943
§ 1943. Petroleum tank assessment
Status: in_force

(a) Each owner of a category one tank used for storage of petroleum products shall annually remit to the Secretary $100.00 per double-wall tank system; $250.00 per combination tank system if the single-wall tank has been lined; $500.00 for all other combination tank systems; and $1,000.00 per single-wall tank system, which shall be deposited to the Petroleum Cleanup Fund established by section 1941 of this title, except that:

(1) For retail gasoline outlets that sell less than 40,000 gallons of motor fuel per month, the fee shall be:

(A) $75.00 per double-wall tank system;

(B) $125.00 per combination tank system; and

(C) $175.00 per single-wall tank system.

(2) The fee shall be reduced by 50 percent if the owner or permittee provides to the satisfaction of the Secretary evidence of financial responsibility to allow the taking of corrective action in the amount of $100,000.00 per occurrence and the compensation of third parties for bodily injury and property damage in the amount of $300,000.00 per occurrence.

(3) The fee shall be relieved if the owner provides to the satisfaction of the Secretary, evidence of financial responsibility to allow the taking of corrective action and the compensation of third parties for bodily injury and property damage each in the amount of $1,000,000.00 per occurrence.

(4) The fee for retail motor fuel outlets selling 20,000 gallons or less per month shall not exceed $100.00 per year for all double-wall tanks at a single location and shall not exceed $300.00 for all combination tank systems at a single location. This cap shall not apply to a retail motor fuel outlet utilizing a single-wall tank system.

(5) For any municipality that uses an annual average of less than 40,000 gallons of motor fuel per month, provided that all of the tanks of that municipality meet the requirements of this chapter, the fee shall be:

(A) $50.00 per double-wall tank system;

(B) $100.00 per combination tank system; and

(C) $150.00 per single-wall tank system.

(b) For purposes of this section, an occurrence is an accident, including continuous or repeated exposure to conditions, that results in the release of petroleum from one or more underground storage tanks at the same site.

(c) This tank assessment shall terminate on July 1, 2029.

(d) The Secretary shall establish forms and procedures for the payment of the petroleum tank assessment, including a notice of the obligation 30 days prior to being due. Failure to receive notice shall not waive the payment obligation.
10 V.S.A. § 2652 — VT Code / Title 10 / Chapter 83 / Section 2652
§ 2652. Municipal forests, State aid
Status: in_force

At any legal meeting, a municipality may vote sums of money for the purchase, management, and improvement of a municipal forest within or without the municipality. Any appropriation so voted shall qualify the municipality for such matching State and federal funds as may be available, provided that the suitability of such lands is approved by the Commissioner of Forests, Parks and Recreation. Any portion of such appropriated and matching funds not required for the purchase of land may be expended by the municipality, under the direction of the Commissioner of Forests, Parks and Recreation, in establishing multiple use and implementing a management program for such municipal forest.
10 V.S.A. § 728 — VT Code / Title 10 / Chapter 31 / Section 728
§ 728. Amendment or repeal of rules
Status: repealed

Any owner or person in possession of land within a district may at any time file a petition with the supervisors asking that any or all of the land-use rules prescribed in any ordinance adopted by the supervisors under the provisions of this chapter shall be amended, supplemented, or repealed. Land-use rules prescribed in any ordinance adopted pursuant to the provisions of this chapter shall not be amended, supplemented, or repealed except in accordance with the procedure prescribed in this chapter for adoption of land-use rules. Referenda on adoption, amendment, supplementation, or repeal of land-use rules shall not be held more often than once in six months.
10 V.S.A. § 7592 — VT Code / Title 10 / Chapter 168 / Section 7592
§ 7592. Confidentiality of submitted data
Status: in_force

(a) Confidentiality. Reports and data submitted under this chapter shall be available for public inspection and copying, provided that:

(1) Information protected under the Uniform Trade Secrets Act, as codified under 9 V.S.A. chapter 143, or under the trade secret exemption under 1 V.S.A. § 317(c)(9) shall be exempt from public inspection and copying under the Public Records Act.

(2) The Secretary may publish information confidential under subdivision (1) of this subsection in a summary or aggregated form that does not directly or indirectly identify individual producers, battery stewards, distributors, or retailers.

(b) Omission of trade secret information. The Secretary may require, as a part of a report submitted under this chapter, that the producer or battery stewardship organization submit a report that does not contain trade secret information and is available for public inspection and review.

(c) Total weight of batteries. The total weight of batteries collected under an approved battery stewardship plan is not confidential business information under the Uniform Trade Secrets Act, as codified under 9 V.S.A. chapter 143, and shall be subject to inspection and review under the Public Records Act, 1 V.S.A chapter 5, subchapter 3.
10 V.S.A. § 2651 — VT Code / Title 10 / Chapter 83 / Section 2651
§ 2651. Municipal forest; definition
Status: in_force

As used in this subchapter, “municipal forest” means a tract of land primarily devoted to producing wood products, maintaining wildlife habitat, protecting water supplies, providing forest recreation and conservation education. A municipal forest shall not be construed to include landscaped grounds and plantings around residential, industrial, institutional, municipal buildings or municipal areas devoted to off-street recreation.
10 V.S.A. § 1450 — VT Code / Title 10 / Chapter 49A / Section 1450
§ 1450. Municipal zoning bylaw or ordinance
Status: in_force

(a) Construction of impervious surface or creation of cleared area occurring outside protected shoreland areas. Construction of impervious surface or creation of cleared area occurring outside a protected shoreland area shall conform to duly adopted municipal zoning bylaws and applicable municipal ordinances and shall not be subject to regulation by the Secretary of Natural Resources under this chapter.

(b) Existing municipal bylaws and ordinances. The requirements of this chapter are in addition to existing municipal bylaws and ordinances, and proposed construction of impervious surface or creation of cleared area within the protected shoreland area shall comply with all relevant, existing municipal, State, and federal requirements.
10 V.S.A. § 2674 — VT Code / Title 10 / Chapter 83 / Section 2674
§ 2674. Answer to Uniform Fire Prevention Ticket
Status: in_force

(a) A person who is charged with committing a fire prevention offense may waive appearance and trial and plead guilty or nolo contendere or not guilty by a signed statement. The person shall submit a fine in an amount as established by the court with the signed statement. The court shall accept the signed statement accompanied by the fine assessed as a plea of guilty or nolo contendere as indicated on the signed statement and shall proceed accordingly.

(b) Fines shall be paid to, receipted by, and accounted for by the clerk as required by court rules. Any fire warden or issuing officer who issues a complaint shall advise the defendant of the fines.

(c) If a defendant fails to answer or appear as directed on the fire prevention ticket or by the Criminal Division of the Superior Court judge, or fails to pay the fine imposed after judgment, the court may issue an appropriate order.
10 V.S.A. § 6311 — VT Code / Title 10 / Chapter 155 / Section 6311
§ 6311. Conservation rights and interests; tax liens
Status: in_force

A tax lien shall not affect conservation rights and interests if the tax lien attaches to the subject property under 32 V.S.A. § 5061 subsequent to the recording of the conservation rights and interests in the municipal land records.
10 V.S.A. § 1336 — VT Code / Title 10 / Chapter 47 / Section 1336
§ 1336. Water standards; classification-Article V
Status: in_force

It is recognized, owing to such variable factors as location, size, character and flow and the many varied uses of the waters subject to the terms of this compact, that no single standard of sewage and waste treatment and no single standard of quality of receiving waters is practical and that the degree of treatment of sewage and industrial wastes should take into account the classification of the receiving waters according to present and proposed highest use, such as for drinking water supply, industrial and agricultural uses, bathing and other recreational purposes, maintenance and propagation of fish life, shellfish culture, navigation and disposal of wastes.

The Commission shall establish reasonable physical, chemical and bacteriological standards of water quality satisfactory for various classifications of use. It is agreed that each of the signatory states through appropriate agencies will prepare a classification of its interstate waters in entirety or by portions according to present and proposed highest use and for this purpose technical experts employed by state departments of health and state water pollution control agencies are authorized to confer on questions relating to classification of interstate waters affecting two or more states. Each signatory state agrees to submit its classification of its interstate waters to the Commission for approval. It is agreed that after such approval all signatory states through their appropriate state health departments and water pollution control agencies will work to establish programs of treatment of sewage and industrial wastes which will meet standards established by the Commission for classified waters. The Commission may from time to time make such changes in definitions of, classifications and in standards as may be required by changed conditions or as may be necessary for uniformity.
10 V.S.A. § 127 — VT Code / Title 10 / Chapter 8 / Section 127
§ 127. Resource mapping
Status: in_force

(a) The Secretary of Natural Resources shall complete and maintain resource mapping based on the Geographic Information System (GIS) or other technology. The mapping shall identify natural resources throughout the State, including forest blocks and habitat connectors, that may be relevant to the consideration of energy projects and projects subject to chapter 151 of this title. The Center for Geographic Information shall be available to provide assistance to the Secretary in carrying out the resource mapping.

(b) The Secretary shall consider the resource maps developed under subsection (a) of this section when providing evidence and recommendations to the Public Utility Commission under 30 V.S.A. § 248(b)(5) and when commenting on or providing recommendations under chapter 151 of this title to District Commissions on other projects.

(c) The Secretary shall establish and maintain written procedures that include a process and science-based criteria for updating resource maps developed under subsection (a) of this section. Before establishing or revising these procedures, the Secretary shall provide opportunities for affected parties and the public to submit relevant information and recommendations.
10 V.S.A. § 1447 — VT Code / Title 10 / Chapter 49A / Section 1447
§ 1447. Lake shoreland vegetation protection standards
Status: in_force

(a) Within 100 feet of the mean water level, cutting of trees is allowed provided that a well-distributed stand of trees and other natural vegetation is maintained. Vegetation management that occurs within the protected shoreland area and that is conducted according to the requirements of this section shall not be counted toward the cleared area on a parcel.

(b) A “well-distributed stand of trees” shall be defined as maintaining a minimum rating score of 12, in each 25-foot by 25-foot area within 100 feet of the mean water level, as determined by the following rating system.

(2) The following shall govern in applying this point system:

(A) 25-foot by 25-foot plots shall be established for vegetation management purposes.

(B) Each successive plot must be adjacent to but not overlap a previous plot.

(C) Any plot not containing the required points must have no vegetative cover removed unless the removal is allowed pursuant to a registration or individual permit.

(D) Any plot containing the required points may have trees removed down to the minimum points allowed.

(E) Existing vegetative cover under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or as allowed pursuant to a registration or individual permit.

(F) Pruning of tree branches on the bottom one-third of a tree's height is allowed.

(G) Removal of dead, diseased, or unsafe trees shall be allowed regardless of points.

(c) As used in this section, “other natural vegetation” means retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at four and one-half feet above ground level for each 25-foot by 25-foot area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been planted or rooted in the plot.
10 V.S.A. § 636 — VT Code / Title 10 / Chapter 25 / Section 636
§ 636. Pledge of the State
Status: in_force

The State does hereby pledge to and agree with the holders of the notes and bonds issued under this chapter that the State will not limit or restrict the rights hereby vested in the Agency to perform its obligations and to fulfill the terms of any agreement made with the holders of its bonds or notes or in any way impair the rights and remedies of the holders until the notes and bonds, together with interest thereon, and interest on any unpaid installments of interest, are fully met, paid and discharged. The Agency is authorized to execute this pledge and agreement of the State in any agreement with the holders of the notes or bonds.
10 V.S.A. § 1103 — VT Code / Title 10 / Chapter 43 / Section 1103
§ 1103. Approval for flood control dams
Status: in_force

(a) No department or agency of the federal government shall construct any flood control dam that is within the State of Vermont, either in whole or in part, or cause any land within the State of Vermont to be overflowed through the operation of a flood control dam located outside the State, except with the approval of the Governor and the General Assembly.

(b) For purposes of this section “flood control dam” means any dam that has among its principal purposes the prevention or control of floods either within or without the State, or that is financed in whole or in part with funds appropriated, allocated, or made available under a federal flood control program, excepting programs under Public Law 83-566, known as the Watershed Protection and Flood Prevention Act.
10 V.S.A. § 4266 — VT Code / Title 10 / Chapter 105 / Section 4266
§ 4266. Carrying and exhibiting license
Status: in_force

A person who is required to have a license, as provided in section 4251 of this title, shall not take fish or wild animals, or transport fish, game, or fur-bearing animals, unless at the time of such taking and transporting he or she has such license on his or her person. On demand of a game warden or other officer authorized by law to make arrests, or of the owner of the land on which such person is fishing or hunting, the licensee shall exhibit such license.
10 V.S.A. § 1456 — VT Code / Title 10 / Chapter 50 / Section 1456
§ 1456. Aquatic species rapid response general permits
Status: in_force

(a) Notwithstanding the requirements of section 1455 of this title, the Secretary may issue an aquatic species rapid response general permit under this section for a term not to exceed ten years for the control of a nonindigenous new aquatic species. This general permit shall identify the control technique, including the use of biological controls, pesticides, and any other control techniques for the nonindigenous new aquatic species for which coverage may be sought under the permit.

(b) Applications for coverage under this general permit shall be limited to the Commissioner of Environmental Conservation and the Commissioner of Fish and Wildlife. The application shall state the grounds for declaring an emergency situation as defined in subsection (f) of this section. The application shall identify the nonindigenous new aquatic species and control techniques selected to respond to the emergency.

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

(d) The Secretary may issue an authorization under an aquatic species rapid response general permit only when the Secretary finds:

(1) that an emergency exists; and

(2) that the proposed control technique meets the requirements of the general permit and is acceptable when considering the emergency situation.

(e) Authorization to act under the terms of a general permit issued under this section shall not exceed three years.

(f) Prior to determining that a nonindigenous new aquatic species emergency exists, the Secretary shall consider the following factors:

(1) the likelihood that the nonindigenous new aquatic species will cause harm to human health, safety, or the environment;

(2) the likelihood that the nonindigenous new aquatic species will cause significant harm to the economy;

(3) the magnitude of the potential adverse impact of the nonindigenous new aquatic species upon public health, safety, the environment, native biodiversity, water bodies, outdoor recreation, or any other use of the State's water resources;

(4) the likelihood that the nonindigenous new aquatic species would naturalize in the State if not immediately controlled;

(5) the rate at which the invasion would spread throughout the State; and

(6) the difficulty to control the spread of the nonindigenous new aquatic species in the State.
10 V.S.A. § 4708 — VT Code / Title 10 / Chapter 113 / Section 4708
§ 4708. Interference with hunting, fishing, or trapping
Status: in_force

(a) A person shall not intentionally interfere with the lawful taking of fish or wild animals by:

(1) tampering with traps, nets, bait, firearms, or any other thing used for hunting, trapping, or fishing;

(2) placing himself or herself in a position, for the purpose of interfering, that hinders or prevents hunting, trapping, or fishing; or

(3) engaging in an activity, for the purpose of interfering, that drives, harasses, disturbs, or is likely to disturb wildlife or fish.

(b) Nothing in this subsection shall be construed to prohibit an incidental interference arising from lawful activity by landowners or users of land, including farmers and recreationists.
10 V.S.A. § 280cc — VT Code / Title 10 / Chapter 12 / Section 280cc
§ 280cc. Creation; purpose; definitions
Status: in_force

(a) There is established within the Authority the Vermont Sustainable Energy Loan Fund, referred to in this subchapter as “the Fund,” the purpose of which shall be to enable the Authority to make loans and provide other forms of financing for projects that stimulate and encourage development and deployment of sustainable energy projects in the State of Vermont.

(b) In this subchapter:

(1) “Renewable energy” shall have the same meaning as in 30 V.S.A. § 8002(17).

(2) “Sustainable energy” means energy efficiency, renewable energy, and technologies that enhance or support the development and implementation of renewable energy or energy efficiency, or both.
10 V.S.A. § 6086a — VT Code / Title 10 / Chapter 151 / Section 6086a
§ 6086a. Generators of radioactive waste
Status: in_force

No land use permit will be issued for a development which generates low-level radioactive waste unless it shows that it will have access to a low-level radioactive waste disposal facility and that the facility is expected to have sufficient capacity for the waste.
10 V.S.A. § 7116 — VT Code / Title 10 / Chapter 164 / Section 7116
§ 7116. Mercury-containing thermostats
Status: repealed

(a) Manufacturer responsibility. Each thermostat manufacturer that has offered for final sale, sold at final sale, or has distributed mercury-containing thermostats in Vermont shall, individually or collectively:

(1) Not later than October 1, 2008 submit a plan to the Agency for approval that describes a collection and financial incentive program for mercury thermostats. The program contained in this plan shall ensure that the following take place:

(A) That an effective education and outreach program shall be developed and shall be directed toward wholesalers, retailers, contractors, and homeowners. There shall be no cost to thermostat wholesalers or thermostat retailers for education and outreach materials.

(B) That handling and recycling of mercury-containing thermostats are accomplished in a manner that is consistent with the provisions of the universal waste rules adopted by the Secretary.

(C) That containers for mercury-containing thermostat collection are provided to all thermostat wholesalers. The cost to thermostat wholesalers shall be limited to an initial, reasonable one-time fee per container as specified in the plan.

(D) That collection systems are provided to all collection points registered pursuant to subdivision (d)(3) of this section. Collection systems can include individual product mail back or multiple collection containers. The cost to registered collection points shall be limited to an initial, reasonable one-time fee per container as specified in the plan.

(E) That a financial incentive is established with a minimum value of $5.00 for the return of each mercury-containing thermostat to a thermostat wholesaler by a contractor or service technician. The financial incentive shall be in the form of cash or coupons that are redeemable by the contractor or service technician.

(F) That a financial incentive is established with a minimum value of $5.00 to homeowners or nonprofessionals for the return of each mercury-containing thermostat to a collection point registered with the Agency. The financial incentive shall be in the form of cash or in the form of a coupon that can be redeemed for cash from the manufacturer or can be redeemed for a credit toward purchase of general merchandise in the retail location where the thermostat was returned.

(G) Mechanisms to protect against the fraudulent return of thermostats are established.

(2) No later than April 1, 2009, implement a mercury thermostat collection plan approved by the Secretary under subdivision (d)(1) of this section.

(3) [Repealed.]

(b) Thermostat wholesaler and thermostat retailer responsibilities.

(1) By April 1, 2009, a thermostat wholesaler shall not offer for final sale, sell at final sale, or distribute thermostats unless the wholesaler:

(A) acts as a collection site for thermostats that contain mercury; and

(B) promotes and utilizes the collection containers provided by thermostat manufacturers to facilitate a contractor collection program as established by subsection (a) of this section, and all other tasks as needed to establish and maintain a cost-effective manufacturer collection and financial incentive program.

(2) By April 1, 2009, a thermostat retailer shall not offer for final sale, sell, or distribute thermostats in the State unless the thermostat retailer participates in an education and outreach program to educate consumers on the collection program for mercury thermostats.

(c) Sales prohibition. Beginning April 1, 2009, the following sales prohibitions shall apply to manufacturers, thermostat wholesalers, and thermostat retailers:

(1) A manufacturer not in compliance with this section is prohibited from offering any thermostat for final sale in the State, selling any thermostat at final sale in the State, or distributing any thermostat in the State. A manufacturer not in compliance with this section shall provide the necessary support to thermostat wholesalers and thermostat retailers to ensure the manufacturer's thermostats are not offered for final sale, sold at final sale, or distributed in this State.

(2) A thermostat wholesaler or thermostat retailer shall not offer for final sale, sell at final sale, or distribute in this State any thermostat of a manufacturer that is not in compliance with this section.

(d) Agency responsibilities.

(1) Agency review. Within 60 days of receipt of a complete application from a manufacturer, the Agency shall review and may grant, deny, or approve with modifications a manufacturer plan required by subdivision (a)(1) of this section. The Agency shall not approve a plan unless all elements of subdivision (a)(1) are adequately addressed. In reviewing a plan, the Agency may consider consistency of the plan with collection and financial incentive requirements in other states and consider consistency between manufacturer collection programs. In reviewing plans, the Agency shall ensure that education and outreach programs are uniform and consistent to ensure ease of implementation by thermostat wholesalers and thermostat retailers.

(2) Public review. The Agency shall establish a process under which a plan submitted by a manufacturer is, prior to plan approval, available for public review and comment for 30 days. The Agency shall consult with interested persons, including representatives from thermostat manufacturers, environmental groups, thermostat wholesalers, thermostat retailers, service contractors, municipalities, and solid waste districts.

(3) Registered collection points. The Agency shall maintain and post on the Agency of Natural Resources' website a list of municipalities, solid waste districts, and thermostat retailers who wish to register as collection points for mercury thermostats.

(4) Education and outreach. In conjunction with the educational and outreach programs implemented by manufacturers, the Agency shall conduct an education and outreach program directed toward wholesalers, retailers, contractors, and homeowners to promote the collection of discarded mercury-containing thermostats.

(5) [Repealed.]

(e) Rate of collection. By July 1, 2010, the Agency shall estimate the number of out-of-service thermostats generated in Vermont on an annual basis, in consultation with interested persons, including representatives from thermostat manufacturers, thermostat wholesalers, thermostat retailers, service contractors, environmental groups, municipalities, and solid waste districts. Beginning July 1, 2011, should collection efforts fail to result in the collection and recycling of at least 65 percent of the out-of-service mercury-containing thermostats in the State, the Agency shall, in consultation with interested persons, require modifications to manufacturers' collection plans in an attempt to improve collection rates in accordance with these goals.
10 V.S.A. § 622 — VT Code / Title 10 / Chapter 25 / Section 622
§ 622. Powers relative to purchase of and sale to mortgage lenders of mortgage loans; loans through mortgage lenders
Status: in_force

The Agency shall have the following powers in addition to others granted in this chapter:

(1) To invest in, purchase or make commitments to purchase, and take assignments from mortgage lenders, of notes and mortgages evidencing mortgage loans for the purchase or refinancing of residential housing, whether or not for occupancy by persons and families of low and moderate income in this State upon the terms set forth in section 623 of this title.

(2) To make loans to mortgage lenders under terms and conditions set forth in section 623 of this title.

(3) To make commitments to purchase, and to purchase, service, and sell mortgage loans and to make loans directly upon the security of any such mortgage, provided the underlying mortgage loans shall have been made and shall be continued to be used solely to finance or refinance the construction, rehabilitation, purchase, or leasing of residential housing in this State.

(4) To sell, at public or private sale, with or without public bidding, any mortgage or other obligation held by the Agency.

(5) Subject to any agreement with bondholders or noteholders, to collect, enforce the collection of, and foreclose on any collateral securing its loans to mortgage lenders and acquire or take possession of such collateral and sell the same at public or private sale, with or without public bidding, and otherwise deal with such collateral as may be necessary to protect the interest of the Agency therein.

(6) Renegotiate, refinance, or foreclose or sell, or contract for the foreclosure of or sale of, any mortgage in default; waive any default or consent to the modification of the terms of any mortgage; commence any action to protect or enforce any right conferred upon it by any law, mortgage, contract or other agreement, and bid for and purchase such property at any foreclosure or at any other sale, or acquire or take possession of any such property; operate, manage, lease, dispose of, and otherwise deal with such property, in such manner as may be necessary to protect the interests of the Agency and the holders of its bonds, notes or other obligations.

(7) To purchase, make, or otherwise participate in the making, to enter into commitments, for the purchase, making, or participation in the making, of eligible loans for rehabilitation to persons and families of low and moderate income, and to owners of existing residential housing for occupancy by those persons and families, for the rehabilitation of existing residential housing owned by them. The loans may be insured or uninsured and shall be made with such security as the Agency considers advisable. They may be made in amounts sufficient to refinance existing indebtedness secured by the property, if the refinancing is determined by the Agency to be necessary to permit the owner to meet his or her housing costs without expending an unreasonable portion of his or her income on it. A loan for rehabilitation shall not be made unless the Agency determines that the loan is to be used primarily to make the housing more desirable to live in, to increase the market value of the housing, to comply with building, housing maintenance, fire, health, or similar codes and standards applicable to housing, to accomplish energy conservation related improvements, or to ensure independent living for elders or persons who have a disability.
10 V.S.A. § 4270 — VT Code / Title 10 / Chapter 105 / Section 4270
§ 4270. Fur buyer's records
Status: in_force

Licensed dealers shall keep such records as the Commissioner may require. Such records shall be open to inspection by the Commissioner or his or her agents, and such dealer shall, within 30 days after the expiration of his or her license and upon request of the Commissioner, file with the Commissioner a sworn statement of such record or such part thereof as the Commissioner may require.
10 V.S.A. § 5220 — VT Code / Title 10 / Chapter 119 / Section 5220
§ 5220. Small game released
Status: in_force

All small game released on said regulated shooting grounds shall be fully able to care for themselves in a wild state.
10 V.S.A. § 6603g — VT Code / Title 10 / Chapter 159 / Section 6603g
§ 6603g. Hazardous Waste Facility Grant Program
Status: in_force

The Secretary shall administer a grant program under this section for any municipality that has received a notice of intent to construct a hazardous waste management facility under section 6606a of this title. The grant, not to exceed $75,000.00 and not to exceed 75 percent of the accepted estimated costs, may be used by the proposed host municipality to provide technical assistance and to otherwise assist the community to effectively assess the impacts of an existing application for a local permit for a hazardous waste treatment or disposal facility.
10APPENDIX V.S.A. § 137 — VT Code / Title 10APPENDIX / Chapter 2 / Section 137
App. § 137. Fishing tournaments
Status: in_force

(A) The permit for a fishing tournament as required by 10 V.S.A. § 4613 shall be applied for no less than 30 days before the date of the tournament. The following information will be supplied to the Vermont Fish and Wildlife Department:

Name of Organization, contact person(s), address and phone number(s), dates and times of the tournament, body of water, location of headquarters and check stations, number of anglers expected, fish species involved, a copy of the tournament rules, name and address permit is to be mailed to.

(B) Within 30 days after the tournament ends a report of the following information shall be provided to the Department:

Total number of tickets sold, estimated number of anglers, number of anglers that registered catch, number of each species of fish registered, and the number of registered fish released alive following registration.

Tournament sponsors may be requested to cooperate further with the Department in gathering additional information.

All tournaments rules shall be structured within the laws of the State of Vermont. A fishing license is required by anyone 15 years of age and older. All legal fishing methods and limits shall apply. (1994, Fish and Wildlife Commissioner's Reg. No. 1005, eff. Feb. 13, 1994.)
10APPENDIX V.S.A. § 35 — VT Code / Title 10APPENDIX / Chapter 1 / Section 35
App. § 35. Taking of moose doing damage to fencing, tubing, or Christmas trees
Status: in_force

(a) Only with prior approval from a Game Warden, a landowner may take a moose which has repeatedly or may continue to substantially damage:

(1) tubing, fittings, and mainline used in maple sap collection.

(2) fencing that is currently containing hoofed livestock.

(3) Christmas Tree Plantations.

(b) A landowner may designate one individual who holds a resident Vermont hunting license as an agent to take a moose doing damage, pursuant to subsection (a) of this section, on the landowner's behalf. A landowner may not offer or accept any form of payment to or from a person designated as an agent under this subsection except as allowed in subsection (e) of this section.

(c) The landowner shall immediately report the wounding or killing of a moose under this section to a Game Warden. Within 12 hours of said wounding or killing of a moose under this section, the landowner or 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 the moose 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 moose was taken as provided in this section, the Warden shall give the landowner a certificate of his or her finding in the matter. The certificate shall entitle the landowner to the ownership of the carcass. The landowner may not sell or give away the carcass except to offer all or a portion of it to the agent designated under subsection (b) of this section as compensation for killing the moose. 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.
10 V.S.A. § 1023 — VT Code / Title 10 / Chapter 41 / Section 1023
§ 1023. Investigation, permit
Status: in_force

(a) Upon receipt of an application, the Secretary shall cause an investigation of the proposed change to be made. Prior to making a decision, a written report shall be made by the Secretary concerning the effect of the proposed change on the watercourse. The permit shall be granted, subject to such conditions determined to be warranted, if it appears that the change:

(1) will not adversely affect the public safety by increasing flood or fluvial erosion hazards;

(2) will not significantly damage fish life or wildlife;

(3) will not significantly damage the rights of riparian owners; and

(4) in case of any waters designated by the Secretary as outstanding resource waters, will not adversely affect the values sought to be protected by designation.

(b) The reasons for the action taken under this section shall be set forth in writing to the applicant.

(c) If the local legislative body and planning commission determine in writing by majority vote of each that instream material in a watercourse is threatening life or property, due to increased potential for flooding, and that the removal of instream material is necessary to prevent the threat to life or property, and if a complete permit application has been submitted to the Secretary, requesting authority to remove instream material in the minimum amount necessary to remove threats to life or property, the local legislative body and the planning commission may request an expedited review of the complete permit application by notifying the Secretary and providing copies of their respective decisions. If the Secretary fails to approve or deny the application within 45 calendar days of receipt of notice of the decisions, the application shall be deemed approved and a permit shall be deemed to have been granted. Instream material removed shall be used only for public purposes, and cannot be sold, traded, or bartered. The fact that an application for a permit has been filed under this subsection shall not limit the ability to take emergency measures under subsection 1021(b) of this title. For the purposes of section 1024 of this title, if a permit has been deemed to have been granted under this subsection, that permit shall constitute a decision of the Secretary.

(d)(1) The Secretary shall conduct training programs or seminars regarding how to conduct stream alteration, water quality review, stormwater discharge, fish and wildlife habitat preservation, and wastewater discharge activities necessary during:

(A) a state of emergency declared under 20 V.S.A. chapter 1;

(B) flooding; or

(C) other emergency conditions that pose an imminent risk to life or a risk of damage to public or private property.

(2) The Secretary shall make the training programs or seminars available to Agency employees in an Agency division other than the watershed management division, employees of other State and federal agencies, regional planning commission members and employees, municipal officers and employees, and State, municipal, and private contractors.

(e) The Secretary is authorized to enter into reciprocal mutual aid agreements or compacts with other states to assist the Secretary and the State in addressing watershed, river management, and transportation system issues that arise when a state of emergency is declared under 20 V.S.A. chapter 1.
10 V.S.A. § 6031 — VT Code / Title 10 / Chapter 151 / Section 6031
§ 6031. Ethical standards
Status: in_force

(a) The Chair and members of the Board and the Chair and members of each District Commission shall comply with the following ethical standards:

(1) The provisions of 12 V.S.A. § 61 (disqualification for interest).

(2) The Chair and each member shall conduct the affairs of his or her office in such a manner as to instill public trust and confidence and shall take all reasonable steps to avoid any action or circumstance that might result in any one of the following:

(A) undermining his or her independence or impartiality of action;

(B) taking official action on the basis of unfair considerations;

(C) giving preferential treatment to any private interest on the basis of unfair considerations;

(D) giving preferential treatment to any family member or member of his or her household;

(E) using his or her office for the advancement of personal interest or to secure special privileges or exemptions;

(F) adversely affecting the confidence of the public in the integrity of the District Commission.

(b) As soon as practicable after grounds become known, a party may move to disqualify a Board member or District Commissioner from a particular matter before the Board or District Commission.

(1) The motion shall contain a clear statement of the specific grounds for disqualification and when such grounds were first known.

(2) On receipt of the motion, a District Commissioner who is the subject of the motion shall disqualify himself or herself or shall refer the motion to the Chair of the Board.

(A) The Chair of the Board may disqualify the District Commissioner from the matter before the District Commission if, on review of the motion, the Chair determines that such disqualification is necessary to ensure compliance with subsection (a) (ethical standards) of this section.

(B) On disqualification of a District Commissioner under this subsection (b), the Chair of the Board shall assign another District Commissioner to take the place of the disqualified Commissioner. The Chair shall consider making such an assignment from among the members of the same District Commission before assigning a member of another District Commission.

(3) On receipt of the motion, a Board member who is the subject of the motion shall disqualify himself or herself or shall refer the motion to the full Board. The Board may disqualify a member from the matter before the Board if, on review of the motion, the Board determines that such disqualification is necessary to ensure compliance with subsection (a) (ethical standards) of this section. The Board member who is the subject of the motion shall not be eligible to vote on the motion.

(c) For one year after leaving office, a former appointee to the Board or a District Commission shall not, for pecuniary gain:

(1) be an advocate on any matter before the Board or the District Commission to which he or she was appointed; or

(2) be an advocate before any other public body or the General Assembly or its committees regarding any matter in which, while an appointee, he or she exercised any official responsibility or participated personally and substantively.
10 V.S.A. § 1174 — VT Code / Title 10 / Chapter 45 / Section 1174
§ 1174. Expenditure for support of the Connecticut Commission
Status: in_force

The Department of Environmental Conservation shall make an expenditure for the purpose of carrying out the provisions of Article VII of the Compact, section 1158 of this title, relating to payment by the State to the Connecticut Commission of the proportionate share of the State in the expenses of said Commission. This expenditure is conditioned upon payment by the other compacting states of their proportionate amounts.
10 V.S.A. § 280p — VT Code / Title 10 / Chapter 12 / Section 280p
§ 280p. Additional security agreements, insurance, and credit enhancements
Status: in_force

The Authority is also authorized to enter into additional security, insurance, or other forms of credit enhancement that may be secured on a parity or subordinate basis with the bonds. A pledge in any such trust agreement or credit enhancement agreement shall be valid and binding from the time such pledge shall be made without any physical delivery or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise, irrespective of whether such parties have notice thereof. Any such pledge shall be perfected by filing of the trust agreement or credit enhancement agreement in the records of the Authority, and no filing need be made under any other provision of law. Any such trust agreement or credit enhancement agreement may establish provisions defining defaults and establishing remedies and other matters relating to the rights and security of the holders of the bonds or other secured parties as determined by the Authority, including provisions relating to the establishment of reserves, the issuance of additional or refunding bonds, whether or not secured on a parity basis, the application of receipts, monies, or funds pledged pursuant to such agreement, hereinafter referred to as “pledged funds,” and other matters deemed necessary or desirable by the Authority for the security of such bonds, and may also regulate the custody, investment, and application of monies.
10 V.S.A. § 2622c — VT Code / Title 10 / Chapter 83 / Section 2622c
§ 2622c. Financial assistance; logger safety; master logger certification; cost-share
Status: in_force

(a) The Commissioner of Forests, Parks and Recreation annually shall award grants to the following entities in order to provide financial assistance to loggers for the purposes of improving logger safety and professionalism:

(1) to the Vermont Logger Education to Advance Professionalism (LEAP) program to provide financial assistance to logging contractors for the costs of logger safety training or continuing education in logger safety; and

(2) to the Trust to Conserve Northeast Forestlands for the purpose of annually paying for up to 50 percent, but not more than $1,500.00, of the costs of the initial certification of up to 10 logging contractors enrolled in the Master Logger Certification Program.

(b) The following costs to a logging contractor shall be eligible for assistance under the grants awarded under subsection (a) of this section:

(1) the costs of safety training, continuing education, or a loss prevention consultation;

(2) the costs of certification under the Master Logger Program administered by the Trust to Conserve Northeast Forestlands; or

(3) the costs of completion of a logging career technical education program.

(c) A grant awarded under this section shall pay up to 50 percent of the cost of an eligible activity.
10 V.S.A. § 1321 — VT Code / Title 10 / Chapter 47 / Section 1321
§ 1321. Definitions
Status: in_force

As used in this subchapter:

(1) “Buoy” means any float or marker that is attached to a mooring anchor and either is suitable for attachment to a boat through the use of a pennant or other device or facilitates the attachment of the boat to the mooring anchor.

(2) “Dock” means an unenclosed structure secured to land, land under waters, or a mooring or a floating structure that is used for mooring boats or for recreational activities, such as a swimming, fishing, or sunbathing platform. A dock includes a structure that is partially enclosed or has two or more levels.

(3) “Encapsulated” means a protective covering or physical barrier between the polystyrene device and the water.

(4) “Expanded polystyrene foam” means a thermoplastic petrochemical material utilizing the styrene monomer that is processed according to multiple techniques, including fusion of polymer spheres, injection molding, form molding, and extrusion-blow molding.

(5) “Floating structure” means a structure constructed on or in a water of the State that is supported by flotation and is secured in place by a piling or mooring anchor, including boathouses, fueling structures, floating homes, marinas, walkways, or boarding platforms.

(6) “Mooring anchor” means any anchor or weight that is designed to:

(A) rest on the land under water or be buried in the land under water;

(B) be attached to a buoy or floating structure by a chain, rope, or other mechanism; and

(C) be left in position permanently or on a seasonal basis.
10 V.S.A. § 599a — VT Code / Title 10 / Chapter 24A / Section 599a
§ 599a. Reports; rulemaking
Status: in_force

(a) On or before January 15, 2025, the Agency, in consultation with the State Treasurer, shall submit a report to the General Assembly detailing the feasibility and progress of carrying out the requirements of this chapter, including any recommendations for improving the administration of the Program.

(b) The Agency shall adopt rules necessary to implement the requirements of this chapter, including:

(1) adopting methodologies using available science and publicly available data to identify responsible parties and determine their applicable share of covered greenhouse gas emissions; and

(2) requirements for registering entities that are responsible parties and issuing notices of cost recovery demands under the Program.

(c) On or before September 15, 2025, the Secretary shall submit to the House Committee on Environment and the Senate Committee on Natural Resources and Energy a report summarizing the Agency of Natural Resources' adoption of the Resilience Implementation Strategy. The Strategy shall include:

(1) practices utilizing nature-based solutions intended to stabilize floodplains, riparian zones, lake shoreland, wetlands, and similar lands;

(2) practices to adapt infrastructure to the impacts of climate change;

(3) practices needed to build out early warning mechanisms and support fast, effective response to climate-related threats;

(4) practices that support economic and environmental sustainability in the face of changing climate conditions; and

(5) criteria and procedures for prioritizing climate change adaptation projects eligible to receive monies from the Climate Superfund Cost Recovery Program.

(d) In adopting the Strategy, the Agency shall:

(1) consult with the Environmental Justice Advisory Council;

(2) in consultation with other State agencies and departments, including the Department of Public Safety's Division of Emergency Management, assess the adaptation needs and vulnerabilities of various areas vital to the State's economy, normal functioning, and the health and well-being of Vermonters;

(3) identify major potential, proposed, and ongoing climate change adaptation projects throughout the State;

(4) identify opportunities for alignment with existing federal, State, and local funding streams;

(5) consult with stakeholders, including local governments, businesses, environmental advocates, relevant subject area experts, and representatives of environmental justice focus populations;

(6) consider components of the Vermont Climate Action Plan required under section 592 of this title that are related to adaptation or resilience, as defined in section 590 of this title; and

(7) conduct public engagement in areas and communities that have the most significant exposure to the impacts of climate change, including disadvantaged, low-income, and rural communities and areas.

(e) Nothing in this section shall be construed to limit the existing authority of a State agency, department, or entity to regulate greenhouse gas emissions or establish strategies or adopt rules to mitigate climate risk and build resilience to climate change.
10 V.S.A. § 4279 — VT Code / Title 10 / Chapter 105 / Section 4279
§ 4279. Lifetime licenses
Status: in_force

(a) A resident or nonresident lifetime fishing, hunting, or combination fishing and hunting license may be obtained upon application to the Department.

(b) In order to obtain a resident lifetime license, an applicant must be a resident or a dependent of a resident of Vermont at the time of application. In this subsection, a resident shall be a person who has resided in this State for the 12 months immediately prior to the date of application for the license and who has not during that period claimed residency in any other state or country for any purpose. A child born in this State shall be a resident if one or more of the child's parents or the child's legal guardian are domiciled in the State at the time of birth and have continued to reside in the State since the birth.

(c) A lifetime license shall entitle the holder to the privileges allowed under subdivision 4252(1), (2), or (4) of this title as long as the holder is alive, except that the holder shall not be entitled to hunting privileges until he or she has satisfied the criteria of subsection 4254(b) of this title.

(d) If the holder of a lifetime hunting license wishes to receive the privileges granted to holders of other hunting licenses, such as archery or turkey licenses, the holder must purchase the appropriate license. In this case, the holder shall pay the fee required in subsection 4255(a) or (b) of this title, depending on whether the holder is a resident or nonresident at the time of purchase.

(e) If the holder of a lifetime hunting or fishing license wishes to upgrade the license to a lifetime combination hunting and fishing license, the holder may do so by paying the difference between the fee for the combination license and the fee for the license held. In this subsection, fee means the fee at the time of the upgrade.

(f) Fees for lifetime licenses shall be the appropriate multiplication factor for the child's or adult's age multiplied by the fee for the appropriate license. Appropriate license fees are those in subdivisions 4255(a)(1), (2), and (3) of this title for residents and subdivisions 4255(b)(1), (4), and (5) of this title for nonresidents. Multiplication factors are as follows:

(g) In each year a lifetime license holder intends to hunt, trap, or fish, the lifetime license holder shall notify the Department that he or she will exercise his or her hunting, trapping, or fishing privileges. Failure to notify the Department as required by this subsection shall not result in the assessment of points under section 4502 of this title.
10APPENDIX V.S.A. § 12 — VT Code / Title 10APPENDIX / Chapter 1 / Section 12
App. § 12. Leashed tracking dogs
Status: in_force

1.0 Definitions.

For the purposes of this rule:

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

1.2 “Leashed tracking dog” means a dog which is used to track and find dead, injured, or wounded big game pursuant to a license issued in accordance with this rule. The dog must be licensed as required by subchapter 2 of chapter 193 of Title 20.

1.3 “Licensed” means a leashed tracking dog certificate issued pursuant to this rule, authorizing use of leashed tracking dogs as specified in this rule.

1.4 “Licensee” means a person who is the holder of a leashed tracking dog license.

1.5 “Physically incapacitated” means incapable of participating in the hunt due to physical injury.

1.6 “Dispatch” means to humanely kill.

1.7 “Big game animal” means deer and bear only.

2.0 Prohibition.

Except as permitted by 10 V.S.A. § 4701 and section 4 of this rule, no person may use a dog to track dead, wounded or injured big game. Law enforcement officials acting in the performance of their official duties are exempt from the provisions of this rule.

3.0 Leashed Tracking Dog License.

A leashed tracking dog license issued by the Department entitles the licensee to:

3.1 Use leashed tracking dogs, during the day or at night to track and find dead, wounded or injured big game during all big game seasons and the 24 hour period immediately following the last day of a big game season.

3.2 Dispatch wounded or injured big game animals which have been tracked and found in accordance with and pursuant to the conditions of such license.

3.3 Temporarily possess a big game animal which has been dispatched by the licensee, or reduced to possession by the licensee, until lawfully tagged or until delivered to a State Game Warden pursuant to the conditions of the license.

4.0 Leashed Tracking Dog License; Conditions.

4.1 A big game hunter who has killed, wounded or injured, or reasonably believes he or she has killed, wounded or injured, a big game animal during a big game season may engage a licensee to track and recover the animal. If the hunter is physically incapacitated, the licensee may track and dispatch the animal if the licensee is personally carrying a written signed instrument from the hunter listing (1) the date, (2) the hunter's name, address, telephone number and big game license number, and (3) a statement that the hunter has engaged the licensee to track the animal, and that the hunter has killed, wounded or injured such animal, and that the hunter is unable to accompany the licensee because of physical incapacitation.

4.2 No person other than the licensee or, during legal hunting periods, the big game hunter who has engaged the licensee when specifically so authorized by the licensee, may carry a firearm or bow of any description while tracking dead, wounded or injured big game pursuant to this rule.

4.3 During legal hunting periods, the hunter who has engaged the licensee must dispatch the wounded or injured big game animal when found by the licensee by means which are lawful during the season in which it was wounded or injured and in a lawful manner reduce the animal to legal possession. However, the licensee must dispatch the wounded or injured animal if the legal hunting period has ended, when the hunter is not present, or, when in the judgment of the licensee it is unsafe or otherwise inappropriate for the hunter to do so.

4.4 The licensee may use a handgun of no less than .35 caliber with a barrel length of not less than four inches to dispatch a wounded or injured big game animal, and during the 24 hour period immediately following the last day of a big game season, provided that the licensee complies with all other provisions of federal, state and local laws and regulations concerning possession and discharge of firearms and the conditions of a license granted under this rule.

4.5 Before tracking a dead, wounded or injured animal, the licensee must notify, by telephone or in person, the State Game Warden assigned to the area. If the warden is unavailable, his or her immediate supervisor will be notified. Notification must include the 1) name of the licensee, 2) name, address, telephone number, and big game license number of the big game hunter engaging the licensee, 3) general location of the wounded or injured animal, and 4) the name of the owner(s) of the land where the search will be conducted.

4.6 The licensee must maintain physical control of the leashed tracking dog(s) at all times while conducting activities subject to this rule by means of a lead attached to the dog's collar or harness. This lead must be at least twelve (12) feet in length.

4.7 After a big game animal has been dispatched, the licensed hunter must immediately tag the carcass as required by Section 2a of part 4 Title 10 Appendix. If the hunter is physically incapacitated, the hunter must immediately tag the carcass upon delivery of the animal by the licensee. If the hunter is unavailable the licensee must report the incident to and deliver the animal to a State Game Warden or the State Game Warden's immediate supervisor.

4.8 The licensee must personally carry a current big game license and a valid leashed tracking dog license when conducting activities pursuant to this rule.

4.9 The licensee must notify the department in writing, of any change of address within 30 days of that change of address.

4.10 The licensee must submit to the department a written request for license renewal within the 30 days prior to the expiration of such license.

4.11 The licensee must submit an annual report to the Commissioner within 15 days of the close of the last yearly big game season, which shall give all dates, locations and outcomes of tracking incidents as well as the name, address and hunting license number of each hunter and name of each State Game Warden contacted in each case.

5.0 Leashed Tracking Dog License Qualifications.

The applicant for a license must:

(a) Provide proof of possession of a current Vermont big game hunting license;

(b) Not have been convicted of, or pled guilty to, an offense under the Fish and Wildlife Law, within the previous five years which resulted in a revocation of the person's big game, hunting, or archery license;

(c) Submit a non-refundable application fee of $25.00 and a completed application to the Department prior to taking the written examination;

(d) Receive a grade of 80 percent or higher on a written examination administered by the department. The examination will be offered at least once a year and will test the applicant's knowledge of Fish and Wildlife law and regulations, dog training and handling methods and other areas of knowledge as deemed appropriate or relevant by the Commissioner.

6.0 Leashed Tracking Dog License; Issuance.

6.1 Applicants and licensees shall pay the following fees:

6.2 A license is valid for five years from the date of issuance.

6.3 A license is valid only for the individual identified on the license and is not transferable.

6.4 A licensee who fails to renew his/her license within one year of the date of expiration must reapply and meet all the qualifications set forth in Section 5 of this rule.

6.5 The Department may place special conditions on the license which it deems appropriate or necessary. The Department may also waive or dispense with any requirement of this rule when the Department deems it to be in the public interest to do so.

7.0 Leashed Tracking Dog License; Suspension Or Revocation.

A license issued pursuant to this rule shall be revoked concurrently with all other licenses upon conviction of a violation of Vermont Fish and Wildlife law pursuant to 10 V.S.A. § 4502.
10 V.S.A. § 1310 — VT Code / Title 10 / Chapter 47 / Section 1310
§ 1310. Designation of lake in crisis
Status: in_force

(a) The Secretary of Natural Resources (Secretary) shall review whether a lake in the State should be designated as a lake in crisis upon the Secretary's own motion or upon petition of 15 or more persons or a selectboard of a municipality in which the lake or a portion of the lake is located.

(b) The Secretary shall designate a lake as a lake in crisis if, after review under subsection (a) of this section, the Secretary determines that:

(1) the lake or segments of the lake have been listed as impaired;

(2) the condition of the lake will cause:

(A) a potential harm to the public health; and

(B) a risk of damage to the environment or natural resources; and

(3) a municipality in which the lake or a portion of the lake is located has reduced the valuation of real property due to the condition of the lake.
10 V.S.A. § 101 — VT Code / Title 10 / Chapter 7 / Section 101
§ 101. Division of Geology and Mineral Resources; duties
Status: in_force

The Division of Geology and Mineral Resources shall:

(1) conduct surveys and research related to the geology, mineral resources, and topography of the State;

(2) give aid and advice as may be possible relating to the development and working of rock or mineral deposits suitable for building, road making, and economic or other purposes;

(3) provide information and education to government, industry, other institutions and organizations, and to citizens regarding the geology, mineral resources, and topography of the State;

(4) provide technical information and advice regarding the management of mineral resources on State-owned lands, and cooperate where possible by providing geologic expertise and advice to persons conducting regulatory programs for the State;

(5) provide geological services for the Natural Gas and Oil Resources Board;

(6) maintain records of old and new information relating to the geology, mineral resources, and topography of the State;

(7) prepare and publish reports on the geology, mineral resources, and topography of the State.
10 V.S.A. § 374d — VT Code / Title 10 / Chapter 16A / Section 374d
§ 374d. General powers
Status: in_force

The corporation shall have the powers necessary to carry out the purposes and provisions of this chapter, including those general powers provided a business corporation by 11A V.S.A. § 3.02. In addition, the corporation shall have the power to:

(1) execute contracts and all other instruments necessary for the exercise of its powers and functions under this chapter;

(2) without limitation, acquire or dispose of real or personal property or any interest in real or personal property;

(3) receive and accept gifts, grants, or contributions from any source, for any purpose consistent with this chapter;

(4) provide or contract for consolidated processing of any aspect of the financing of eligible borrowers in order to avoid duplication;

(5) procure insurance against any loss;

(6) invest monies of the corporation not required for immediate use;

(7) borrow money and issue notes and other evidences of indebtedness for lending and administrative and other expenses. The corporation may sell, transfer, pledge, mortgage, hypothecate, or otherwise dispose of loans under its management. Neither the full faith and credit of the State of Vermont nor any of the assets of the Authority are pledged to secure repayment of the indebtedness of the corporation;

(8) consent to any modification with respect to rate of interest, time, and payment of any contract or agreement of any kind to which the corporation is a party;

(9) procure or agree to the procurement of insurance, guarantees, or interest rate subsidy assistance on any notes or any other evidence of indebtedness issued to the corporation;

(10) make loans or advances secured by a mortgage or a security agreement, which may be subordinate to one or more prior mortgages or security agreements, to eligible borrowers under such terms and conditions as the corporation deems prudent and consistent with the purposes of this chapter and for such fees, and at such rate or rates of interest, as determined by the corporation, provided that the interest rate or rates charged by the corporation shall not exceed the rate paid or to be paid by the corporation for monies borrowed by the corporation to fund loans plus 300 basis points;

(11) take title, by foreclosure or other process available under the law, to any real or personal property where such action is necessary to protect any loan previously made by the corporation, pay all costs arising out of the legal action and acquisition from monies held in the Fund, and sell or transfer any such property to any responsible buyer. If the transfer or conveyance of assets acquired under this subdivision cannot be effected with reasonable promptness, the corporation may, in order to minimize financial losses and sustain a farm operation or agricultural facility, lease the assets owned by it to responsible persons on such terms and conditions as the corporation deems reasonable;

(12) purchase prior mortgages and make payments on prior mortgages or security interests on any assets pledged as security for loans of the corporation where the purchase or payment is necessary to protect any loan previously made by the corporation. In addition, the corporation may sell, transfer, and assign a prior mortgage or prior security interest. Monies used by the corporation for the purchase of any prior mortgages, or any payments on prior mortgages, shall be withdrawn from the Fund established pursuant to section 374e of this title, and any monies derived from the sale of any prior mortgages shall be deposited in the Fund;

(13) employ or contract for services with agents, consultants, legal advisors, and other experts, as may be necessary for its purposes;

(14) participate in eligible and qualified loan projects with lenders, including the farm credit system, banks, and insurance companies;

(15) execute lease agreements for the purpose of leasing personal property under financing leases, which leases transfer the ownership of the leased personal property to each lessee following the payment of all required lease payments as specified in each lease agreement;

(16) sell loans, or portions thereof, in order to provide further funding for lending under this chapter. Proceeds from sales of loans shall be deposited in the Agricultural Credit Development Fund established under section 374e of this title;

(17) establish policies and procedures consistent with the purpose of providing sound and constructive credit to eligible loan applicants; and

(18) do all things necessary to carry out the purposes and provisions of this chapter.
10 V.S.A. § 7154 — VT Code / Title 10 / Chapter 164A / Section 7154
§ 7154. Collection plans
Status: in_force

(a) Collection plan required. Prior to February 1, 2012, a manufacturer, individually or as a participant in a stewardship organization, shall submit a collection plan to the Secretary for review.

(1) Free collection of mercury-containing lamps. The collection program shall provide for free collection of mercury-containing lamps from covered entities. A manufacturer shall accept all mercury-containing lamps collected from a covered entity and shall not refuse the collection of a mercury-containing lamp based on the brand or manufacturer of the mercury-containing lamp. The collection program shall also provide for the payment of the costs for recycling and transportation from a collection facility to a recycler.

(2) Convenient collection location. The manufacturer shall develop a collection program that:

(A) allows all municipal collection locations and all retailers that sell mercury-containing lamps to opt to be a collection facility; and

(B) at a minimum, has not less than two collection facilities in each county.

(3) Public education and outreach. The collection plan shall include an education and outreach program that may include media advertising, retail displays, articles in trade and other journals and publications, and other public educational efforts. At a minimum, the education and outreach program shall notify the public of the following:

(A) that there is a free collection program for mercury-containing lamps;

(B) the location of collection points and how a covered entity can access this collection program; and

(C) the special handling considerations associated with mercury-containing lamps.

(4) Compliance with appropriate environmental standards. In implementing a collection plan, a manufacturer shall comply with all applicable laws related to the collection, transportation, and disposal of mercury-containing lamps. A manufacturer shall comply with any special handling or disposal standards established by the Secretary for a mercury-containing lamp or for the collection plan of the manufacturer.

(b) Term of collection plan. A collection plan approved by the Secretary under section 7156 of this title shall have a term not to exceed five years, provided that the manufacturer remains in compliance with the requirements of this chapter and the terms of the approved plan.
10 V.S.A. § 7002 — VT Code / Title 10 / Chapter 161 / Section 7002
§ 7002. Timetable and responsibilities
Status: in_force

(a) The following timetable and responsibilities shall be adhered to:

(1) Within 60 days of June 29, 1990, the Governor shall appoint the initial members of the Authority.

(2) As soon as practicable, the Authority shall, after public comment, initiate a study to determine the maximum appropriate separation of long-lived waste, the appropriate level of recoverability of such waste, and the appropriate permanent disposal technology and cost for that waste.

(3) As soon as practicable, the Authority shall initiate the site characterization of the Yankee site.

(4) As soon as practicable, the Authority shall begin collecting data for the screening of the Town of Vernon and of the rest of the State in order to identify potential alternative sites for a disposal facility.

(5) Within 270 days of June 29, 1990, the Agency shall, after public comment, adopt rules establishing the siting, screening, and certification requirements under sections 7021 and 7022 of this title.

(6) On or before November 1, 1991, the Authority shall:

(A) complete the characterization of the Yankee site;

(B) after public comment, select at least three potential alternate sites, including one in the Town of Vernon.

(7) Within 60 days of the submission by the Authority of a request for certification of a potential alternative site, the Agency shall decide if the site meets the applicable siting requirements.

(8) As soon as practicable, the Authority shall, after public comment, decide whether to characterize a certified site other than the Yankee site or to complete the requirements of subsection 7012(f) of this title for the Yankee site. Then, if the Yankee site has been certified by the Agency as meeting the siting requirements and if the requirements of subsection 7012(f) have been completed, the Authority may decide whether to prepare a draft license application for a disposal facility at the Yankee site.

(9) On or before December 15, 1991, the Authority must decide either to characterize an alternative site or to prepare a draft license application for a facility at a previously characterized site. Then, initially before January 15, 1992, and subsequently within 30 days of any similar decision, the Authority must petition the General Assembly under chapter 157 of this title for approval of its decision.

(10) If the General Assembly approves a petition to characterize an alternate site or sites or if it directs the characterization of an alternate site or sites, then the Authority must begin characterization and, within 18 months of the legislative decisions, the Authority must complete characterization. Following the completion of characterization, the Authority must again decide whether to characterize another certified site or sites or to complete the requirements of subsection 7012(f) for the characterized site. Then, if the requirements of subsection 7012(f) have been completed, the Authority may decide whether to prepare a draft license application for a disposal facility at a characterized site.

(11) If the General Assembly approves a petition to prepare a draft license application or directs the preparation of a draft license for a disposal facility at a particular characterized site, the Authority shall, within six months of the legislative action or the effective date of the rules required by sections 7023 and 7024 of this title, whichever is later, after public comment, submit a draft license application to the Agency for review.

(12) Within 18 months of June 29, 1990, based on the results of the study required in subdivision (2) of this subsection and after public comment, the Authority shall:

(A) make recommendations to the Agency for rules on separation and recoverability of long-lived waste;

(B) make recommendations to the Agency for rules on the disposal facility design standards; and

(C) make an initial report to the General Assembly and to the Public Service Board on the possible appropriate technologies, and their costs, for the permanent disposal of the long-lived waste.

(13) Within six months of receiving the Authority's recommendations and after public comment, the Agency shall adopt the separation, recoverability, and design standards under section 7023 of this title and the draft license application standards and review procedures under section 7024 of this title.

(14) By July 1, 1992 after public comment, the Authority shall petition the Public Service Board for approval of a service fee under subsections 7013(e) and 7020(b) of this chapter and shall propose adequate financial assurance requirements as part of the same proceeding.

(15) Within six months of receiving the draft license application, the Agency must complete its review.

(16) Not later than 30 days after completion of the review of the draft license application by the Agency, the Authority shall apply to the U.S. Nuclear Regulatory Commission for a license to construct and operate a disposal facility in the State.

(17) Not later than 30 days after completion of the review of the draft license application by the Agency, the Authority shall apply for a land use permit under chapter 151 of this title.

(18) Within 180 days of obtaining a license and a land use permit, the Authority shall begin construction of the disposal facility.

(19) As soon as practicable, the Authority shall begin operation of the disposal facility.

(20) Within 120 days of the completion of decommissioning of the Vermont Yankee nuclear generating facility, the Authority shall begin closure of the disposal facility.

(b) Subdivisions (a)(3) and (a)(6) through (a)(20) of this section may be, but need not be, complied with if, at the time the action is required, the State has entered into a compact or agreement adequately providing for the out-of-state disposal of the expected low-level radioactive wastes.
10 V.S.A. § 4831 — VT Code / Title 10 / Chapter 113 / Section 4831
§ 4831. Reimbursement
Status: in_force

Reimbursement under this subchapter shall be made by the State Treasurer, on the voucher of the Commissioner of Fish and Wildlife, from money received by the State Treasurer under the provisions of this part.
10 V.S.A. § 596 — VT Code / Title 10 / Chapter 24A / Section 596
§ 596. Definitions
Status: in_force

As used in this chapter:

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

(2) “Climate change adaptation project” means a project designed to respond to, avoid, moderate, repair, or adapt to negative impacts caused by climate change and to assist human and natural communities, households, and businesses in preparing for future climate-change-driven disruptions. Climate change adaptation projects include implementing nature-based solutions and flood protections; home buyouts; upgrading stormwater drainage systems; making defensive upgrades to roads, bridges, railroads, and transit systems; preparing for and recovering from extreme weather events; undertaking preventive health care programs and providing medical care to treat illness or injury caused by the effects of climate change; relocating, elevating, or retrofitting sewage treatment plants and other infrastructure vulnerable to flooding; installing energy efficient cooling systems and other weatherization and energy efficiency upgrades and retrofits in public and private buildings, including schools and public housing, designed to reduce the public health effects of more frequent heat waves and forest fire smoke; upgrading parts of the electrical grid to increase stability and resilience, including supporting the creation of self-sufficient microgrids; and responding to toxic algae blooms, loss of agricultural topsoil, crop loss, and other climate-driven ecosystem threats to forests, farms, fisheries, and food systems.

(3) “Climate Superfund Cost Recovery Program” means the program established by this chapter.

(4) “Coal” means bituminous coal, anthracite coal, and lignite.

(5)(A) “Controlled group” means two or more entities treated as a single employer under:

(i) 26 U.S.C. § 52(a) or (b), without regard to 26 U.S.C. § 1563(b)(2)(C); or

(ii) 26 U.S.C. § 414(m) or (o).

(B) For purposes of this chapter, entities in a controlled group are treated as a single entity for purposes of meeting the definition of responsible party and are jointly and severally liable for payment of any cost recovery demand owed by any entity in the controlled group.

(6) “Cost recovery demand” means a charge asserted against a responsible party for cost recovery payments under the Program for payment to the Fund.

(7) “Covered greenhouse gas emissions” means the total quantity of greenhouse gases released into the atmosphere, expressed in metric tons of carbon dioxide equivalent, resulting from the use of fossil fuels extracted or refined by an entity during the covered period.

(8) “Covered period” means the period that began on January 1, 1995 and ended on December 31, 2024.

(9) “Crude oil” means oil or petroleum of any kind and in any form, including bitumen, oil sands, heavy oil, conventional and unconventional oil, shale oil, natural gas liquids, condensates, and related fossil fuels.

(10) “Entity” means any individual, trustee, agent, partnership, association, corporation, company, municipality, political subdivision, or other legal organization, including a foreign nation, that holds or held an ownership interest in a fossil fuel business during the covered period.

(11) “Environmental justice focus population” has the same meaning as in 3 V.S.A. § 6002.

(12) “Fossil fuel” means coal, petroleum products, and fuel gases.

(13) “Fossil fuel business” means a business engaging in the extraction of fossil fuels or the refining of petroleum products.

(14) “Fuel gases” or “fuel gas” means:

(A) methane;

(B) natural gas;

(C) liquified natural gas; and

(D) manufactured fuel gases.

(15) “Fund” means the Climate Superfund Cost Recovery Program Fund established pursuant to section 599 of this title.

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

(17) “Nature-based solutions” means projects that utilize or mimic nature or natural processes and functions and that may also offer environmental, economic, and social benefits while increasing resilience. Nature-based solutions include both green and natural infrastructure.

(18) “Notice of cost recovery demand” means the written communication from the Agency informing a responsible party of the amount of the cost recovery demand payable to the Fund.

(19) “Petroleum product” means any product refined or re-refined from:

(A) synthetic or crude oil; or

(B) crude oil extracted from natural gas liquids or other sources.

(20) “Program” means the Climate Superfund Cost Recovery Program established under this chapter.

(21) “Qualifying expenditure” means an authorized payment from the Fund to pay reasonable expenses associated with the administration of the Fund and the Program and to pay for a climate change adaptation project, including its operation, monitoring, and maintenance.

(22) “Responsible party” means any entity or a successor in interest to an entity that during any part of the covered period was engaged in the trade or business of extracting fossil fuel or refining crude oil and is determined by the Agency attributable to for more than one billion metric tons of covered greenhouse gas emissions. The term responsible party does not include any person who lacks sufficient connection with the State to satisfy the nexus requirements of the U.S. Constitution.

(23) “Strategy” means the Resilience Implementation Strategy adopted by the Agency.
10 V.S.A. § 1426 — VT Code / Title 10 / Chapter 49 / Section 1426
§ 1426. Penalty
Status: in_force

Any person who violates a rule adopted under this chapter shall be subject to the civil penalty provision of 23 V.S.A. § 3317(b).
10 V.S.A. § 301 — VT Code / Title 10 / Chapter 15 / Section 301
§ 301. Short title
Status: in_force

This chapter may be cited as the “Vermont Housing and Conservation Trust Fund Act.”
10 V.S.A. § 8013 — VT Code / Title 10 / Chapter 201 / Section 8013
§ 8013. Conduct of hearings; appeal; stay
Status: in_force

(a) The agency issuing the order shall have the burden of proof by a preponderance of the evidence.

(b) Parties may be represented by counsel in hearings before the Environmental Division. The Agency of Natural Resources or the Board each may represent itself. A party may conduct cross-examination required for a full and true disclosure of the facts.

(c) An appeal from a decision of the Environmental Division may be taken by the Secretary, the Board, or the respondent to the Supreme Court. The Attorney General also may appeal if the Attorney General has appeared as a party.

(d) An appeal by a respondent or the Attorney General to the Supreme Court shall not stay an order, but shall stay payment of a penalty. A respondent may petition the Supreme Court for a stay of an order.