10APPENDIX V.S.A. § 44 — VT Code / Title 10APPENDIX / Chapter 1 / Section 44
App. § 44. Furbearing species
Status: in_force

1.0 Authority.

1.1 This rule is promulgated pursuant to 10 V.S.A. §§ 4081, 4082, 4084, 4828, and 4861. In promulgating 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 fur-bearing animals in this State is in the interest of the public welfare and that the safeguarding of these valuable resources for the people of the State requires a constant and continual vigilance.

1.2 In accordance with 10 V.S.A. §§ 4082 and 4084, this rule is designed to maintain the best health, population, and utilization levels of the regulated species.

1.3 This rule shall apply to all persons who take or attempt to take fur-bearing animals by any method.

2.0 Purpose The purpose of this rule is to regulate the taking of fur-bearing animals.

3.0 Definitions3.1 “Accompany” for the purpose of pursuing coyote with the aid of dogs means that:

a) Any person engaged in the control, handling, transporting, or intercepting of dogs used for taking coyote with the aid of dogs shall be under the direct supervision of the permit holder and shall be considered a “Sub-permittee”, and

b) A Sub-permittee who is in any way involved in the use or handling of taking coyotes with the aid of dogs shall be under the direct control and supervision of the coyote dog permit holder.

3.2 “Bait” means any animal, vegetable, fruit, mineral matter, or any other substance capable of luring or attracting coyotes or any other wildlife.

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

3.4 “Commissioner” means the Commissioner of the Vermont Department of Fish and Wildlife.

3.5 “Compensation” shall mean money.

3.6 “Control of dogs(s)” means that when transporting, loading, or unloading dogs from vehicle(s); and handling, catching, restraining, releasing, or following dogs at all times during training dogs and taking of coyote with the aid of dogs; the permittee shall be able to locate and remotely recall the dogs. Collar(s) with GPS functions, track log capability, and training/control features in the collar(s) shall be required to locate and track dogs at all times while taking coyote with the aid of dogs. At no time shall dogs be in pursuit of coyote without a GPS track log being maintained by the permit holder.

3.7 “Coyote Dog Permit” means a permit issued by the Commissioner to a person who wishes to hunt, pursue or take coyote with the aid of dogs.

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

3.9 “Department Registered Dog” means a dog bearing a numbered identification dog-tag (Department Registration Dog-Tag) approved or issued by the Vermont Fish and Wildlife Department, with the permit holder's coyote dog permit number and a number one through four.

3.10 “Fur-bearing animal” means beaver, otter, marten, mink, raccoon, fisher, fox, skunk, coyote, bobcat, weasel, opossum, lynx, wolf, and muskrat or as amended pursuant to 10 V.S.A. § 4001.

3.11 “Legal Trail” shall mean a public right of way designated as a trail by a municipality as defined in Title 19 V.S.A § 301(8), that is not a highway but is shown on the highway maps of the respective towns made by the Agency of Transportation and:

a) was previously a designated town highway; or

b) is a new public right of way laid out as a trail by the selectboard for the purpose of providing recreational use or access to abutting properties.

3.12 “Pack of Dogs” means one to four dogs, acting as a unit during taking coyote with the aid of dogs.

3.13 “Public Highway” for the purposes of this rule, means town, state, and United States roads, shown on the highway maps of the respective towns, made by the Agency of Transportation.

3.14 “Public Trail” for the purposes of this rule, means:

a) a path or corridor open to the public, used for nonmotorized recreational purposes such as hiking, walking, bicycling, cross-country skiing, horseback riding, and other similar activities; that is designated and mapped by a municipality on municipal lands, the managing agency or department on Vermont state owned land, or a federal agency on federal land; within the state of Vermont;

b) a path or corridor open to the public, commonly used for nonmotorized recreational purposes such as hiking, walking, bicycling, cross-country skiing, horseback riding, and other similar activities; that is designated, managed, maintained and clearly marked as a trail on municipal lands, on Vermont state-owned land, or on federal land, within the state of Vermont; or

c) Vermont Rail Trails designated and mapped by the Vermont Agency of Transportation, the Appalachian Trail designated, mapped and managed by the National Park Service, and the Long Trail designated, mapped and managed by the Green Mountain Club.

3.15 “Relaying packs and dogs” means the removal and replacement of one or more dogs, during taking coyote with the aid of dogs, to the original pack of dogs once the pursuit has begun.

3.16 “Sub-Permittee” means any person with a valid Vermont hunting license designated by the coyote dog permit holder to assist or take coyote with the aid of dogs, in accordance with the permit issued by the Commissioner.

3.17 “Taking Coyote with the aid of dogs” for the purposes of this rule means that one or more dog(s) with Department Registration Dog-Tags are on the ground whether in pursuit of a coyote or not.

3.18 A “Tanned” pelt is one that has been treated to turn the skin into leather.

3.19 “Training/control” collar is any family of collars that deliver audible tones and electrical stimulation of varying intensity and duration to the neck of a dog via a radio-controlled electronic device incorporated into the collar.

3.20 “Trapping” means to hunt, take or attempt to take fur-bearing animals with traps including the dispatching of such lawfully trapped fur-bearing animals.

3.21 A “trap” means a mechanical device used to capture, kill and/or restrain fur-bearing animals excluding firearms, muzzleloaders and archery equipment.

3.22 “Unregistered dog” means a dog that does not have a valid numbered Department Registration Dog Tag as described in 3.9.

4.0 Restrictions.

4.1 A person trapping for fur-bearing animals under this rule shall visit their traps at least once every calendar day, except as provided in paragraph 4.2, and dispatch or release any animal caught therein.

4.2 A person who sets body gripping traps in the water or under the ice, colony/cage traps underwater or foothold traps under the ice shall visit their traps at least once every three calendar days and remove any animal caught therein.

4.3 A person shall not set a trap on lands other than their own which does not have their name and address permanently and legibly stamped or engraved thereon, or on a tag of rustless material securely attached thereto.

4.4 All traps under ice will be marked with a tag visible above the ice.

4.5 All foothold traps set on land must:

a) Have base plates that feature a center chain mount with swivel, with free moving chain and at least two additional swivels that allow mobility for a captured animal;

b) Be anchored with a minimum of 12” chain and a maximum of 18” chain between the base plate and the start of the anchoring system. Extra swivel and/or shock springs can be added to the chaining system, but the additions cannot cause the chain to exceed the 18” length;

c) Be padded, offset, laminated, or have a minimum jaw thickness of 5/16th of an inch, or fully encapsulate the foot;

d) Have a spread of no more than 6 ¼ inches measured inside the widest expanse of the jaws; and

e) If a foothold trap is triggered by downward pressure, it must be adjustable for pan tension.

4.6 No body-gripping trap shall be set on land unless:

a) it is under 40 square inches, without the use of bait, or

b) it is over 40 square inches and less than 60 square inches and is set 5' or more above the ground, or

c) it is over 40 square inches and less than 60 square inches and is in an anchored enclosure with openings no greater than 60 square inches and with a trap trigger that is recessed at least 12” from all openings.

d) Any body-gripping traps over 60 square inches shall only be set in the water.

4.7 All meat-based bait shall be covered at the time that a trap is set. Covering shall include, but are not limited to, brush, branches, leaves, soil, snow, water, or enclosures constructed of wood, metal, wire, plastic, or natural materials.

4.8 A person shall not use toothed foothold traps or snares when trapping under this section.

4.9 A person shall not set a trap between December 31 and the following fourth Saturday in October unless the trap is in the water, under the ice, or on a float in the water.

4.10 A person shall not possess a living fur-bearing animal, except as provided by rules of the board or 10 V.S.A. part 4.

4.11 A person shall not possess a fur-bearing animal trapped outside of its legal season without the written authorization of the Department, not to include animals taken pursuant to 10 V.S.A. § 4828.

4.12 A person shall not possess fur or skin of a fur-bearing animal unlawfully taken.

4.13 A person shall not take a fur-bearing animal by use of any explosives or, chemical or poisonous mixture, with the exception of a carbon dioxide chamber used in accordance with the recommendations of the American Veterinary Medical Association.

4.14 A person shall not take a fur-bearing animal from dens by cutting, digging, smoking, by the use of mechanical devices other than a legal trap set in accordance with these rules.

4.15 Trapping Set-backs:

a) No foothold traps or body-gripping traps shall be set on or within 50' of the travelled portion of a legal trail, public trail or public highway, unless set in the water or under ice. Setbacks shall not apply to public trails on Wildlife Management Areas except those public trails the Department specifically designates as requiring a setback. The Department shall post signage on Wildlife Management Areas advising the public of hunting seasons and locations where setbacks apply.

b) No foothold traps or body-gripping traps, unless set in the water or under ice. shall be set on or within 100 feet of the buildings, parking lots, and maintained (cleared, continuously maintained or landscaped) portions of designated wildlife viewing areas, visitor centers, parks, playgrounds, picnic areas, shelters, pavilions, schools, camps or campgrounds, and recreational facilities such as ball fields or tennis courts; owned and managed by municipal, state or federal entities except that trapping may occur with the explicit permission of schools, camps or campgrounds.

4.16 Dispatch of Trapped Animals: Upon discovery, a trapper shall immediately dispatch a live trapped furbearer with a muzzleloader or gun fired at arm's length; or a bow and arrow, or crossbow; or a carbon dioxide chamber in compliance with the American Veterinary Medical Association guidelines. This subsection shall not be interpreted to prevent a trapper from releasing an unharmed captured animal, or a domestic pet.

4.17 Beaver Muskrat.

a) When trapping muskrat between March 1 and March 31, body gripping traps are restricted to 5 inches or less.

b) A person shall not disturb or destroy a beaver or muskrat house or den or place a trap therein, thereon, or in the entrance thereof.

c) A person shall not set a trap within 10 feet of the nearest point, above the water, of a beaver house or dam during the month of March.

d) A person shall not interfere in any manner with dams, dens, or houses of beaver except upon prior written approval from the Commissioner.

4.18 Bobcat; Otter; Fisher.

a) The skins of bobcat, otter, and fisher legally taken may be possessed, transported, bought and sold only when tagged and marked as hereinafter provided.

b) A person who takes bobcats, otter, or fisher during these seasons shall notify authorized Department staff within 48 hours of the close of the season. Pelts shall be presented to authorized Department staff for tagging. Such tags shall remain affixed to the pelts until tanned. Carcasses shall be surrendered to authorized Department staff at the time of tagging.

c) A person who legally takes bobcat, otter, or fisher may keep the edible meat prior to submitting the carcass to the Department.

d) No bobcat, otter, or fisher pelts or carcasses taken during these seasons shall be transported out of the State of Vermont prior to being tagged by authorized Department staff.

e) A person who takes bobcat, fisher, and otter pursuant to 10 V.S.A. § 4828 and who desires to keep the pelt shall notify authorized Department staff with 84 hours of the taking. Pelts shall be presented to authorized Department staff for tagging. Such tags shall remain affixed to the pelts until tanned. Carcasses shall be surrendered to authorized Department staff at the time of tagging.

4.19 Raccoons

a) A person shooting raccoons during the raccoon hunting season shall use a 0.22 caliber rimfire firearm or a shotgun with #2 shot or smaller.

b) A light may be used to illuminate and shoot a raccoon once treed by a dog, or dogs, during the raccoon hunting season. A light may also be used to illuminate a raccoon once treed by a dog, or dogs, during the training season.

4.20 Taking Coyote with the Aid of Dogs

4.20.1 Authority - In accordance with 10 V.S.A. § 5008 and § 5009 (b), this rule establishes a process and standards for the issuance of a permit to take coyote with the aid of dogs, either for the training of dogs or for the taking of coyote.

4.20.2 Purpose - The purpose of this subsection is to establish a process and standards for the issuance of permits to pursue coyote with dogs, establish training and hunting seasons for the taking of coyote with the aid of dogs, and to define legal methods of take.

4.20.3 The Taking of Coyote with Aid of Dogs.

a) Licenses and permits.

(1) Any person who intends to train, hunt, pursue, harvest, or in any manner take a coyote with the aid of dogs shall apply for a permit from the Commissioner on an application form provided by the Commissioner.

(2) Only applications received by the Department's central office during the official application period will be considered. Applications must be received prior to the deadline established by the Commissioner.

(3) The Commissioner will consider only complete applications. For an application to be complete it must be legible, must contain all the information requested by the Department, must bear the applicant's original signature, or, in the case of electronic or facsimile applications, attestation under the pains and penalties of perjury. To be considered complete the form must be accompanied by any required application fee, or means of payment, such as a valid credit card payment.

(4) The Commissioner may deny any person a permit in their sole discretion.

(5) Any person training, hunting, pursuing, harvesting, or in any manner involved in the taking of a coyote with the aid of dogs must hold a valid Coyote Dog Permit issued by the Department, or accompany a Coyote Dog Permit holder. The Permit shall be carried at all times by the permittee while taking coyote with the aid of dogs, and exhibited to a game warden, landowner, or law enforcement officer upon demand.

(6) Any person hunting, pursuing, harvesting, or in any manner involved in the taking of a coyote with the aid of dogs must hold a valid Vermont Hunting License, and use only Department Registered Dogs.

(7) In any given year, the number of permits available to non- resident hunters shall not exceed ten (10) percent of the total number of permits issued to resident hunters the previous year. If more than ten (10) percent of non-resident permit applications are received, the Department will award up to ten (10) non-resident permits on a first come, first serve basis, provided that the number of permits to be issued does not exceed 100.

b) Lottery –In the event that more than 100 permit applications are received, all those who have submitted completed eligible applications and who wish to be entered into the lottery will be entered into the lottery. The Department will hold, or cause to be held, a transparent, random drawing to select 100 permits and to ensure that not more than 10% of permits issued by the Department are issued to non-residents.

c) Legal Methods

(1) A person shall not take a coyote into their possession except by killing the coyote by legal means or methods. Legal means includes utilizing a muzzleloader or gun fired at arm's length; or bow and arrow, or crossbow.

(2) A person taking coyote with the use of a bow and arrow or crossbow shall, upon demand of a game warden or other law enforcement personnel, show proof of having a prior archery license, or of having passed a bow hunter education course in Vermont, another state or a province of Canada approved by the Commissioner.

d) Dogs and Packs

(1) A person shall not take coyote with the aid of dogs unless the person is in control of the dog(s).

(2) No person shall take a coyote with the aid of dogs by using any Unregistered Dog. No person shall have an Unregistered Dog in their possession (including in a vehicle) while hunting, pursuing, or taking a coyote.

(3) A person hunting with dogs, pursuing, and taking coyote with the aid of dogs shall attach a collar or collars with GPS functions, tracklog capability, and training/control features for remote recall; and shall attach a Department Registration Dog-Tag and a metal identification name plate with the person's name, address and telephone number to the dog's collar.

(4) A person taking a coyote with the aid of dogs shall maintain a GPS location log of each dog taking coyote and shall maintain the log for at least 30 days after the close of the season.

(5) A person taking a coyote with the aid of dogs shall only take a coyote with a Pack of Dogs as defined in this rule. No person shall pursue, hunt, or take coyote by Relaying any Dog or Pack of Dogs.

(6) Two or more permit holders may hunt together and combine Department Registered Dog(s) to form a Pack of Dogs. The combined Coyote Dog Permit holders shall not take coyote with the aid of more than four dogs combined forming a single pack of dogs. The combined Coyote Dog Permit holders shall not possess any Unregistered Dogs while hunting, pursuing, or taking coyote with the aid of their dogs.

4.20.4 Seasons and Shooting Hours for Taking Coyote with the Aid of Dogs

a) Coyote Dog Training Season: For Vermont Resident and Nonresident Permit Holder: June 1 through September 15, all dates inclusive, except that a nonresident may train dogs to pursue coyote only while the training season is in effect in the nonresident's home state and subject to the requirements of these rules.

b) Coyote Dog Hunting Season December 15 through March 31, all dates inclusive.

c) Legal hours for taking coyote with the aid of dogs: One half hour before sunrise until one half hour after sunset.

4.20.5 Prohibitions applicable to Taking Coyote with the Aid of Dogs

a) A person shall not advertise, barter, exchange goods or services, or otherwise sell the use of a dog(s) for the purpose of taking coyote with the aid of dogs.

b) While taking coyote with the aid of dogs, no person shall have in their possession an Unregistered Dog while possessing Department Registered Dogs.

c) It shall be a violation for a Vermont resident to apply for a coyote dog permit for the purpose of allowing a nonresident coyote dog owner to take coyote in Vermont with the aid of dogs.

4.20.6 Reporting - A person taking coyote with the aid of dogs shall, no later than 48 hours after the close of season, report the taking of all coyotes during the season in a manner required by the Commissioner.

4.20.7 A person hunting coyotes with dogs shall not release the dogs on land posted in accordance with Title 10 V.S.A. § 5201, without the written permission of the landowner. In addition, a person hunting coyotes with the aid of dogs is encouraged to seek landowner permission before releasing dogs or entering land that is not posted in accordance with Title 10 V.S.A. § 5201. Hunter education shall include the recommendation that persons hunting coyotes with dogs seek landowner permission prior to pursing coyotes with dogs.

4.21 Taking Coyote by Bow and Arrow and Crossbow: No person shall take coyote with or without the aid of dogs, with a bow and arrow or crossbow if the arrow or bolt has an arrowhead that measures less than seven-eighths of an inch at its widest point or that has less than two sharp cutting edges.

4.22 Lynx.

a) Any person who incidentally captures a lynx shall notify the Department immediately.

b) The following regulations on traps and trapping shall apply within Wildlife Management Unit E.

(1) From the fourth Saturday in October to December 31, both dates inclusive, all body gripping traps must be set:

i. In the water, or;

ii. Within a Canada lynx exclusion device as described below and as depicted in Diagram 1:

a. the trap jaws shall be completely within the device;

b. the trap springs may extend outside of device through openings no larger than 7.5″ wide by 1.5″ high;

c. the device shall not have an opening greater than 6″ by 8″;

d. the opening shall not be directly in front of the trap but shall instead be either on the top or side of the device;

e. the trap set within the device shall be a minimum of 18″ from the closest edge of the opening to the trap;

f. there shall be at least two attachment points for each side of the device where there is a joint or where panels come together;

g. the device shall be constructed of wood or of wire mesh of 16 gauge or less wire (.05″ diameter wire or greater) and having a mesh size with openings no greater than 1.5″ X 1.5″ or 1″ X 2″; and,

h. the trap shall be anchored outside of the device; or

iii. Off the ground as described below and as depicted in Diagram 2:

a. at least 5′ above the ground or if snow is on the ground at least 5 feet above snow level with the exception of the 24-hour period immediately following a snowstorm;

b. affixed to a standing tree which is free of branches below the trap or to a leaning section of pole that has not been planed or otherwise altered except for the removal of branches and is less than 4″ in diameter at the trap and is angled at least 45° along its entire length from the ground to the trap; and

c. in an area that is free of any object within 4′ of the trap.

c) The rules set forth in this subsection 4.22 shall expire on January 1, 2027 unless such rules are either extended or amended by the Fish and Wildlife Board. The decision to extend or amend these rules shall be based on an evaluation of the following key criteria:

(1) Reliable evidence of the presence or absence of a resident, breeding population of Canada lynx;

(2) The availability of more effective and/or practical alternatives for avoiding the incidental capture of lynx; and

(3) The outcome of Maine's Incidental Take Permit application process.

4.23 Biological Collection.

a) Except for persons exempt from the rules under section 4828 of title 10, any person who traps any animal obtains a trapping license and traps for furbearers shall complete and submit an annual biological collection trapper survey, including the reporting of taking of incidental wild animals, for the license season to the Department, within the timeline specified by the Commissioner.

b) Any person who traps furbearers and traps a dog or cat shall report the taking to a warden within 24 hours of discovery.

c) The failure to complete and submit a biological collection survey to the Department shall be a nonpoint violation under 10 V.S.A. § 4502.

5.0 Seasons, Bag Limits.

The following seasons, methods and bag limits are hereby established for the species listed. All hunting seasons will be with or without dogs, except as otherwise provided. Below is the exclusive, exhaustive list of seasons and means of take of fur-bearing animals. The taking of fur-bearing animals at other times or by other means, except where otherwise provided by law, is prohibited. All dates are inclusive.

5.20 With the exception of state and federally listed threatened and endangered species, seasons shall not be applicable to any person, who takes a furbearing animal in defense of persons or property for compensation, in accordance with 10 V.S.A. § 4828.

6.0 Trapping Rabbits and Furbearers in Defense of Property for a Fee.

In accordance with Sec. 11 of Act 170 from the 2017-2018 Adj Session, the following sections and subsections of Board rules set forth in Title 10, Appendix § 44 are applicable to trapping rabbits and furbearing animals in defense of property for compensation: 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10 (however, possession is allowed for the purpose of moving the animal to a more appropriate 14 place for dispatch), 4.11, 4.12, 4.13, 4.18 e), 4.22 a), and 4.23.
10 V.S.A. § 53 — VT Code / Title 10 / Chapter 5 / Section 53
§ 53. Assistants
Status: in_force

The Secretary may, with the approval of the Governor, employ such persons to carry out the operation of such building, including the rental or lease or sale of rental or exhibition space of any portion of such building upon such terms and conditions as the Secretary shall determine.
10 V.S.A. § 6616 — VT Code / Title 10 / Chapter 159 / Section 6616
§ 6616. Release prohibition
Status: in_force

The release of hazardous materials into the surface or groundwater, or onto the land of the State is prohibited. This section shall not apply to releases of hazardous materials pursuant to and in compliance with the conditions of a State or federal permit.
10 V.S.A. § 4655 — VT Code / Title 10 / Chapter 112 / Section 4655
§ 4655. Duties; regulatory and enforcement powers; licenses-Article IV
Status: in_force

The duty of said Commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances, and conditions as may be disclosed for bringing about the restoration of Atlantic salmon in the Connecticut River and its tributaries.

To promote the restoration, preservation, and protection of Atlantic salmon in the Connecticut River Basin, the Commission may draft and recommend to the governors of the various signatory states legislation to accomplish this end. The Commission shall, more than 60 days prior to any regular meeting of the Legislature of any signatory state, present to the Governor of the state its recommendations relating to proposed enactments to be made by the Legislature of the state in furthering the intents and purposes of this Compact.

The Commission shall have the power to recommend to the states party hereto stocking programs, management procedures, and research projects and when two or more states party hereto shall jointly stock waters or undertake cooperative management or research the Commission shall act as the coordinating agency. The Commission, using all available means, shall encourage acquisition by the signatory states of river bank, river bed, and access thereto.

The Commission shall consult with and advise the pertinent administrative agencies in the signatory states with regard to other anadromous species and their potential impact or the potential impact of sport fisheries and commercial fisheries for other anadromous species on the restoration of Atlantic salmon to the Connecticut River Basin.

In the interest of developing a sound program of Atlantic salmon management, the Commission shall promulgate regulations governing Atlantic salmon fishing in the main stem of the Connecticut River in all four signatory states as hereinafter provided. Such regulations may: (1) establish the open and closed seasons for Atlantic salmon which may vary by river section, (2) establish hours, days of period during the open season when fishing for Atlantic salmon shall not be permitted in designated areas, (3) prescribe the legal methods of taking Atlantic salmon including the type of gear such as gaffs, landing nets or tailers which may be used to assist in landing such fish, (4) establish the minimum legal length for Atlantic salmon, (5) establish the daily creel limit, the season creel limit, and the possession limit for Atlantic salmon. The Commission shall recommend, review, and issue comments on such regulations as may be promulgated by the signatory states governing Atlantic salmon fishing in tributary streams. The states of Connecticut and Massachusetts agree to make available for brood stock, from fish taken in the fish passage facilities at the Rainbow Reservoir Dam and the Holyoke Power Company Dam, such numbers of adult Atlantic salmon as the Commission deems necessary to carry out the Atlantic Salmon Restoration Program.

The Commission shall have the power to issue a Connecticut River Basin Atlantic Salmon License and the sale of such licenses shall be handled by the individual signatory states or their authorized agents. The individual signatory states shall be accountable to the Commission for all such licenses and the monies received therefrom. The initial fee for such licenses shall be determined by majority vote of the Commission but shall not exceed the maximum resident angling license fee of the signatory states except that the Commission may upon a determination of need and with the unanimous approval of its membership increase such license and issuing fee. The individual signatory states or their issuing agent may retain a recording fee of up to fifty cents for each license issued. Forms for such license shall be provided to the signatory states by the Commission. Such license shall be a legal prerequisite for any person including minors fishing for or possessing Atlantic salmon in the waters or on the shores of the Connecticut River and all of its tributaries. In addition to said Connecticut River Basin Atlantic Salmon License, all persons, except those specifically exempted because of age, disability, or other limitations as determined by statute or regulations of the individual signatory states shall be required to possess a valid resident or nonresident sport fishing license issued by the state in which such person is fishing. The Commission shall recognize that in certain waters or sections of waters a daily rod permit may also be required, such daily rod permit to be issued by the state in which such waters or sections of waters are located; however, the signatory states shall not, by fee, distinguish between residents and nonresidents. The authority to limit the number of persons fishing for Atlantic salmon in certain tributaries or sections of certain tributaries shall remain the prerogative of the individual signatory states.

The respective police agencies of the signatory states shall have the authority to enforce all of the regulations and license requirements of the Commission any place in the Connecticut River Basin.

The Commission shall have the authority to accept gifts, state grants, and federal funds. The Commission shall have the authority to expend money from fees collected for Connecticut River Basin Atlantic Salmon Licenses or from such other funds available to the Commission to finance the cost of stocking, management, or research carried on by signatory states to further the purposes of this Compact. Such funds shall be in the form of direct grants to the agency of such state charged with the management of the fisheries resources and may be up to 100 percent of the cost of projects approved by a majority vote of the Commission.
10 V.S.A. § 6304 — VT Code / Title 10 / Chapter 155 / Section 6304
§ 6304. Sales of land
Status: in_force

In any case where rights and interests in real property have been reconveyed or leased back to a person by a municipality or a department, the use of land subject in the reconveyance or lease back shall not be changed, and no residential, industrial, or commercial construction except for the use of the owner or his or her family shall be undertaken, except with the consent of the legislative body of the municipality or the department or except as specifically provided in the instrument evidencing the reconveyance or lease. In the event of the termination of any rights or interests of such person, the legislative body of the municipality or the department shall pay to such person an amount equal to the fair market value of that portion of such right that remained unexpired on the date of such termination, unless such termination is caused by the breach by such person of a term of the instrument by which he or she acquired such right or interest. In any case of acquisition subject to a right of occupancy and use, or acquisition and reconveyance, or acquisition and lease, under subsection 6303(a) of this title, the legislative body or department shall give priority to the grantor thereof in selecting the grantee or lessee, as the case may be.
10 V.S.A. § 7012 — VT Code / Title 10 / Chapter 161 / Section 7012
§ 7012. Responsibilities of the Authority
Status: in_force

(a) The Authority, while informing and consulting the public throughout, shall carry out the actions necessary to fulfill the requirements of the timetable in section 7002 of this chapter.

(b) The Authority must comply with the rules adopted by the Agency and with any fee approval conditions of the Public Utility Commission under sections 7020 through 7024 of this title, even if they impose requirements more stringent than federal requirements, and the Authority must obtain all applicable State and local permits for the disposal facility authorized by this chapter, except that the facility is not subject to certification under section 6605 of this title.

(c) If a low-level radioactive waste disposal facility is constructed by the Authority, the Authority shall provide for the operation, maintenance, and closure of the facility and shall provide for all necessary actions during the institutional control period. The Authority shall place information about the facility and the waste placed in the facility in appropriate State and local records.

(d) In performing the study to determine the appropriate permanent disposal technology for long-lived waste, required by subdivision 7002(a)(2) of this title, the Authority shall consider a deep-mined facility in-state, technologies not normally examined in the United States for disposal of low-level radioactive waste, and all other technologies reasonably available.

(e) In performing the study, required by subdivision 7002(a)(2) of this title, to determine the maximum appropriate separation of long-lived waste, the Authority shall consider the various techniques potentially available, their costs and incremental risks. The risks to be considered should include radiological and other risks to workers, the public, and the environment from the separation process and from the disposal of the separated wastes in the facility authorized by this chapter and in any expected permanent disposal facility for the long-lived waste.

(f) Prior to a decision to prepare a draft license application and the submission of that decision to the General Assembly, the Authority shall:

(1) conduct a social and economic impacts study to determine the short-term and long-term effects from the proposed disposal facility on the Vermont municipalities that contain, or that are adjacent to municipalities containing, the proposed site and determine the appropriate impact fees to be paid;

(2) prepare a report on the strengths and weaknesses of the site that has been characterized and comparing the site to the best potential alternative site as identified by the Authority;

(3) negotiate with the municipality or each municipality where the proposed site is located any impact fees, other payments, or conditions to be included in the proposal to be submitted to the voters and in the petition to be submitted to the General Assembly;

(4) hold at least one public hearing near each site; and

(5) obtain the consent of a majority of the voters, present and voting at a duly warned meeting, of the municipality, or of each municipality, where the proposed site is located.

(g) For any particular site, including the Yankee site, the Authority may perform any of the requirements of subsection (f) of this section as soon as appropriate.

(h) Prior to a decision to characterize another certified site, the report on the strengths and weaknesses of the previously characterized site must be completed. However, a decision to characterize another site will not prohibit a later decision to prepare a draft license for any previously characterized site, if otherwise appropriate.

(i) A petition to the General Assembly to prepare a draft license application must be accompanied by a proposed financing plan for legislative enactment to cover the construction costs of the facility, unless the Authority has opted to raise construction funds under the provisions of section 7015 of this chapter.

(j) The Authority in deciding on the specific disposal plan required by subdivision 7002(a)(20) of this title for the permanent disposal of the long-lived waste shall thoroughly examine all reasonable alternatives to leaving the waste at the disposal facility authorized by this chapter and the option of leaving it there shall not be given undue weight.

(k) The Authority shall advise, consult, and cooperate with the federal government and its agencies, the State and its other agencies, interstate agencies, other states, local governmental entities within this State, and private entities.

(l) The Authority initially shall prepare a budget in reasonable detail, allocating funds for the year, and shall periodically revise the budget, as necessary. The Authority shall keep an accurate account of all its activities and of all its receipts and expenditures. Prior to the first day of September in each year, the Authority shall submit a report of its activities for the preceding fiscal year to the Governor and to the General Assembly. The report shall set forth a complete operating and financial statement covering its operations during the year. The Authority shall cause an audit of its books and accounts to be made at least once in each year by a certified public accountant and its cost shall be considered an expense of the Authority and a copy shall be included in the annual report.

(m) The Auditor of Accounts of the State and the Auditor's authorized representatives may at any time examine the accounts and books of the Authority including its receipts, disbursements, contracts, funds, investments, and any other matters relating to its financial statements.

(n) The Authority shall prepare an annual report on the quantities, characteristics, and any expected treatment of the low-level radioactive waste generated in Vermont during the calendar year and reasonably expected to be generated through the date anticipated by the Authority for the completion of the decommissioning of Vermont Yankee.

(o) The Authority shall administer a grant program for Vermont municipalities where a certified site is located which the Authority has decided to characterize and may administer a similar grant program for Vermont municipalities that are within five miles of such a site. The grants shall be subject to the approval of the Public Utility Commission and shall be used by the municipality to provide technical assistance and to otherwise assist the community to effectively participate in the consideration of the site for a disposal facility under this chapter.

(p) Prior to the commencement of operation of the disposal facility, the Authority shall establish a disposal fee, to be approved by the Public Utility Commission, for any waste that must be accepted by the facility for disposal on which the service fee has not been paid under subsection 7013(e) of this title or for which capacity has not been contracted for under section 7015. The disposal fee must cover, pro rata, all costs and expenses contemplated by this chapter.

(q) The Authority shall provide free of charge a copy of any public document within its possession, upon request, to any municipalities that contain, or that are adjacent to municipalities containing, an alternative site or the Yankee site.
10 V.S.A. § 421 — VT Code / Title 10 / Chapter 19 / Section 421
§ 421. Purposes
Status: in_force

This chapter is designed to preserve and to enhance Vermont's scenic values. (1966, No. 67 (Sp. Sess.), § 2, eff. March 14, 1966.)
10 V.S.A. § 1671 — VT Code / Title 10 / Chapter 56 / Section 1671
§ 1671. Definitions
Status: in_force

As used in this chapter:

(1) “Drinking water” means noncarbonated water that is intended for human consumption or other consumer uses whether provided by a public water system or in a container, bottle, or package, or in bulk, including water used for production of ice, foodstuffs, or other products designed for human consumption.

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

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

(4) “Public water source” means any surface water or groundwater supply used as a source of drinking water for a public water system.

(5)(A) “Public water system” means any system, or combination of systems owned or controlled by a person, that provides drinking water through pipes or other constructed conveyances to the public and that:

(i) has at least 15 service connections; or

(ii) serves an average of at least 25 individuals for at least 60 days a year.

(B) Public water system shall also mean any part of a piped system that does not provide drinking water, if use of such a part could affect the quality or quantity of the drinking water supplied by the system. Public water system shall also mean a system that bottles drinking water for public distribution and sale.

(6) “Secretary” means the Secretary of Natural Resources or the Secretary's designee.

(7) “Public water source protection area” means a surface and subsurface area from or through which contaminants are reasonably likely to reach a public water source.

(8) “Required agricultural practices” shall be as defined by the Secretary of Agriculture, Food and Markets under 6 V.S.A. § 4810.

(9) “Agricultural land” means any land, exclusive of any housesite, in active use to grow hay or cultivated crops, Christmas trees, horticultural crops, greenhouse and nursery crops, pasture livestock, or to cultivate trees bearing edible fruit or produce an annual maple product, and that is 25 acres or more in size except as provided below. There shall be a presumption that the land is used for agricultural purposes if it has produced an annual gross income from the sale of agricultural commodities in one of two, or three of the five, preceding calendar years of at least:

(A) $2,000.00 for parcels of up to 25 acres;

(B) $75.00 per acre for each acre over 25, with the total income required not to exceed $5,000.00;

(C) exceptions to these income requirements shall be made in cases of horticultural or nursery production Christmas tree production, or orchard lands planted to fruit producing trees that are not yet of saleable size or bearing age.

(10) “Community water system” means a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. The construction of a water system that upon completion of construction could be reasonably expected to serve at least 15 service connections or at least 25 year-round residents shall require a community water system construction permit.

(11) “Noncommunity water system” means a public water system that is not a community water system. There are two categories of noncommunity systems:

(A) “nontransient” systems, that are systems that serve 25 or more of the same people daily for more than six months in any year; and

(B) “transient” systems, which are all other noncommunity public water systems.

(12) “Conservation” means methods and procedures designed to promote efficient use of water and to minimize waste of water.

(13) “Capacity” means that a public water system has the technical, financial, and managerial capabilities to consistently comply with current performance standards, including the requirements of the Safe Drinking Water Act, 42 U.S.C. § 300f et seq., as amended.
10 V.S.A. § 7156 — VT Code / Title 10 / Chapter 164A / Section 7156
§ 7156. Agency responsibilities
Status: in_force

(a) Review and approve collection plans. The Secretary shall review and approve or deny collection plans submitted under section 7154 of this title. The Secretary shall approve a collection plan if the Secretary finds that the plan:

(1) complies with the requirements of subsection 7154(a) of this title;

(2) provides adequate notice to the public of the collection opportunities available for mercury-containing lamps;

(3) ensures that collection of mercury-containing lamps will occur in an environmentally sound fashion that is consistent with the law or with any special handling requirements adopted by the Secretary;

(4) promotes the collection and disposal of mercury-containing lamps.

(b) Plan amendment. The Secretary, in his or her discretion or at the request of a manufacturer or a stewardship organization, may require a manufacturer or a stewardship organization to amend an approved plan. Plan amendments shall be subject to the public input provisions of subsection (c) of this section.

(c) Procedure. Before approving a collection plan under this chapter, the Secretary shall proceed in accordance with chapter 170 of this title.

(d) Registrations. The Secretary shall accept, review, and approve or deny registrations required by this chapter. The Secretary may revoke a registration of a stewardship organization for actions that are unreasonable, unnecessary, or contrary to the requirements or the policy of this chapter.

(e) Supervisory capacity. The Secretary shall act in a supervisory capacity over the actions of a stewardship organization registered under this section. In acting in this capacity, the Secretary shall review the actions of the stewardship organization to ensure that they are reasonable, necessary, and limited to carrying out requirements of and policy established by this chapter.

(f) Special handling requirements. The Secretary may adopt, by rule, special handling requirements for the collection, transport, and disposal of mercury-containing lamps.

(g) Approved plans; Internet posting. The Secretary shall post on the agency website all manufacturers and manufacturers' brands that are covered under an approved plan. For stewardship organizations, the Agency may link to the list of manufacturers and manufacturers' brands on the stewardship organization's website.
10 V.S.A. § 2512 — VT Code / Title 10 / Chapter 81 / Section 2512
§ 2512. Donations, gifts, grants-Article XII
Status: in_force

The Commission may accept any and all donations, gifts and grants of money, equipment, supplies, materials and services from the federal or any local government, or any agency thereof and from any person, firm or corporation, for any of its purposes and functions under this compact, and may receive and utilize the same subject to the terms, conditions and regulations governing such donations, gifts and grants.
10 V.S.A. § 4256 — VT Code / Title 10 / Chapter 105 / Section 4256
§ 4256. Mentored hunting licenses
Status: in_force

(a) An individual who holds a mentored hunting license shall be entitled to hunt only when accompanied by an individual 21 years of age or older who holds a valid hunting license under subsection 4254(b) of this title. A resident or nonresident mentored hunting license may be issued to any person who has not taken a hunter safety course as required under subdivisions 4254(b)(1) and (2) of this title, provided that:

(1) A mentored hunting license shall only be issued twice to any one individual, and each license shall last until December 31 of the year for which the license was issued.

(2) A mentored hunting license shall not be issued to any individual who has held a valid hunting license under subsection 4254(b) of this title or an equivalent license in any other state.

(3) The mentored hunting license shall not be issued to a person under 16 years of age without the written consent of the applicant's parent or legal guardian given in the presence of the agent issuing the license.

(b) Having held a valid mentored hunting license does not exempt an individual from meeting all the requirements for a hunting license under subsection 4254(b) of this title.

(c) At the time of licensing, the Department shall provide each mentored hunter a document to explain the details of the mentored hunting license program and to educate the mentored hunter about hunting safety and responsibility. The applicant shall certify, according to Department procedure, that he or she has read the document. The Department shall provide copies of this document to all locations authorized to sell licenses pursuant to subsection 4254(e) of this title.

(d) As used in this section, “accompany,” “accompanied,” or “accompanying” means that the mentored hunter is in the direct control and supervision of the licensed hunter and is within 15 feet of the licensed hunter. While hunting, an individual who holds a valid hunting license under subsection 4254(b) of this title shall accompany only one mentored hunter at a time.

(e) An individual who holds a mentored hunting license is not eligible to hunt moose pursuant to subsection 4254(b) of this title.

(f) An individual who holds a mentored hunting license shall be subject to the bag limit of the fully licensed accompanying hunter. When game is taken by a mentored hunter, it shall be deemed taken by the fully licensed accompanying hunter.

(g) Notwithstanding subdivision 5101(a)(1) of this title, after tagging and reporting game pursuant to fish and wildlife regulations, a person who holds a mentored hunting license may, unaccompanied by the fully licensed accompanying hunter, transport game the mentored hunter has taken.

(h) The scheduled amount of a fine under section 4555 of this title shall be doubled for a violation of this section, and the fine shall be assessed against the licensed adult accompanying the mentored hunter.

(i) On demand of a game warden or other officer authorized by law to make arrests, or of the owner of the land on which a person is hunting, the individual who holds a mentored hunting license shall exhibit the license.
10 V.S.A. § 5215 — VT Code / Title 10 / Chapter 119 / Section 5215
§ 5215. Game refuges; how created; regulations
Status: in_force

(a) For a specified period of years, the Commissioner may prohibit or regulate the taking of wild animals upon public lands set aside with the approval of the Governor or upon private lands set aside with the consent of the owner thereof for game refuges. At least 30 days before such a prohibition or regulation takes effect, he or she shall file a copy of the same in the office of the town clerk of the town in which such lands lie. Notices reading “State Game Refuge; hunting is unlawful” shall be placed at conspicuous places on the boundaries of refuges.

(b) Upon receipt of a fee of $50.00, the Commissioner may issue a permit to a person, organization, or group for the purpose of rehabilitating sick or injured wild animals. For the purposes of this subsection, rehabilitation means treating the sick or injured wild animal back to a sufficient state of health so that the animal may be returned to the wild. The Commissioner shall adopt rules to implement this subsection.
10 V.S.A. § 1042 — VT Code / Title 10 / Chapter 41 / Section 1042
§ 1042. Registration and reporting; exceptions
Status: in_force

(a) Registration. Beginning on January 1, 2023, any person withdrawing 10,000 gallons or more of surface water within a 24-hour period or 150,000 gallons or more of surface water over any 30-day period shall register with the Secretary:

(1) the location of each withdrawal, including each impacted surface water;

(2) the frequency and rate of each withdrawal;

(3) a description of the use or uses of the water to be withdrawn;

(4) the capacity of the system to be used for the withdrawal; and

(5) a schedule for the withdrawal.

(b) Report. Beginning on January 1, 2023, a person that is required to register a surface water withdrawal pursuant to subsection (a) of this section shall file an annual report with the Secretary. Reports shall be filed annually by January 15 of the following year. The report shall be made on a form provided by the Secretary and shall include all of the following information:

(1) the total amount of water withdrawn each month;

(2) the location of each withdrawal, including each impacted surface water;

(3) the daily maximum withdrawal for each month;

(4) the date of daily maximum withdrawal; and

(5) any other information required by the Secretary.

(c) Methods of reporting withdrawals. The following methods shall be used to report the amounts of withdrawn surface water required to be reported under subsection (b) of this section:

(1) For withdrawals of between 10,000 and 50,000 gallons of surface water within a 24-hour period or 150,000 gallons or more of surface water over any 30-day period, the person shall either provide an estimate of total volume withdrawn or provide meter data. The report shall describe how any estimate was calculated.

(2) For withdrawals of 50,000 gallons or more of surface water within a 24-hour period or 1,500,000 gallons or more of surface water over any 30-day period, the person shall provide meter data or measured data by a technically appropriate method approved by the Secretary.

(d) Exceptions. The following withdrawals shall not be subject to the requirements of subsection (a) or (b) of this section:

(1) surface water withdrawals for fire suppression or other public emergency response purposes;

(2) surface water withdrawals required to report under subchapter 3 of this chapter for snowmaking uses;

(3) surface water withdrawals approved pursuant to chapter 56 of this title on public water supply and the rules adopted thereunder for use as a public drinking water supply;

(4) surface water withdrawals for irrigation for farming, livestock watering, or other uses for farming, as the term “farming” is defined in 6 V.S.A. § 4802; and

(5) a surface water withdrawal reported to the Secretary under any project that requires the reporting of substantially similar data.
10 V.S.A. § 5223 — VT Code / Title 10 / Chapter 119 / Section 5223
§ 5223. Hunting license
Status: in_force

(a) Every person hunting on such regulated shooting grounds shall:

(1) be the holder of a resident or nonresident hunter's license for the current year; or

(2) be the holder of a one-day shooting ground license issued by the owner of the shooting ground on forms prescribed by the Commissioner of Fish and Wildlife. Such shooting ground license shall be valid only on the shooting ground where issued and only for taking the small game designated by the Commissioner in the permit for that shooting ground.

(b) The fee for a one-day regulated shooting ground license shall be $5.00. At the end of each calendar quarter, the owner of a shooting ground shall forward to the Commissioner of Fish and Wildlife all revenues from one-day license sales and such records of sales as may be required by the Commissioner.
10 V.S.A. § 1080 — VT Code / Title 10 / Chapter 43 / Section 1080
§ 1080. Definitions
Status: in_force

As used in this chapter:

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

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

(3) “Interested person” means, in relation to any dam, a person who has riparian rights affected by that dam; who has a substantial interest in economic or recreational activity affected by the dam; or whose safety would be endangered by a failure of the dam.

(4) “Engineer” means a professional engineer licensed under Title 26 who has experience in the design and investigation of dams.

(5) “Time” shall be reckoned in the manner prescribed by 1 V.S.A. § 138.

(6)(A) “Dam” means any artificial barrier, including its appurtenant works, that is capable of impounding water, other liquids, or accumulated sediments.

(B) “Dam” includes an artificial barrier that meets all of the following:

(i) previously was capable of impounding water, other liquids, or accumulated sediments;

(ii) was partially breached; and

(iii) has not been properly removed or mitigated.

(C) “Dam” does not mean:

(i) barriers or structures created by beaver or any other wild animal as that term is defined in section 4001 of this title;

(ii) transportation infrastructure that has no normal water storage capacity and that impounds water only during storm events;

(iii) an artificial barrier at a stormwater management structure that is regulated by the Agency of Natural Resources under chapter 47 of this title;

(iv) an underground or elevated tank to store water otherwise regulated by the Agency of Natural Resources;

(v) an agricultural waste storage facility regulated by the Agency of Agriculture, Food and Markets under 6 V.S.A. chapter 215; or

(vi) any other structure identified by the Department by rule.

(7) “Federal dam” means:

(A) a dam owned by the United States; or

(B) a dam subject to a Federal Energy Regulatory Commission license or exemption.

(8) “Intake structure” means a dam that is constructed and operated for the primary purposes of minimally impounding water for the measurement and withdrawal of streamflow to ensure use of the withdrawn water for snowmaking, potable water, irrigation, or other purposes approved by the Department.

(9) “Nonfederal dam” means a dam that is not a federal dam.

(10) “Dam removal” means all actions needed to eliminate the risk of dam failure-related inundation below the dam and include partial or complete structural removal to the extent that the dam is no longer capable of impounding water, liquid, or sediment.
10 V.S.A. § 5226 — VT Code / Title 10 / Chapter 119 / Section 5226
§ 5226. Bomoseen State Game Refuge
Status: in_force

(a) A person shall not hunt, trap, take, or kill wild animals on the Bomoseen State Game Refuge.

(b) Notwithstanding the provisions of section 5215 of this title, the boundaries of the Refuge shall be conspicuously marked by paint or notices, or both, so as to give reasonable notice. The notices shall read “State Game Refuge: Hunting, Trapping, or Shooting Prohibited.”

(c) A person who enters this refuge to hunt, trap, take, or kill wild animals or carries or possesses a firearm, bow and arrow, or animal trap or who mutilates or defaces the notices marking the boundaries of the refuge shall be fined not less than $25.00 nor more than $100.00.

(d) This section shall not restrict the possession or use of firearms by a game warden or other law enforcement officer in the performance of his or her duties.
10 V.S.A. § 592 — VT Code / Title 10 / Chapter 24 / Section 592
§ 592. The Vermont Climate Action Plan
Status: in_force

(a) On or before December 1, 2021, the Vermont Climate Council (Council) shall adopt the Vermont Climate Action Plan (Plan) and update the Plan on or before July 1 every four years thereafter.

(b) The Plan shall set forth the specific initiatives, programs, and strategies, including regulatory and legislative changes, necessary to achieve the State's greenhouse gas emissions reduction requirements pursuant to section 578 of this title and build resilience to prepare the State's communities, infrastructure, and economy to adapt to the current and anticipated effects of climate change. The Plan shall include specific initiatives, programs, and strategies that will:

(1) reduce greenhouse gas emissions from the transportation, building, regulated utility, industrial, commercial, and agricultural sectors;

(2) encourage smart growth and related strategies;

(3) achieve long-term sequestration and storage of carbon and promote best management practices to achieve climate mitigation, adaption, and resilience on natural working lands;

(4) achieve net zero emissions by 2050 across all sectors;

(5) reduce energy burdens for rural and marginalized communities;

(6) limit the use of chemicals, substances, or products that contribute to climate change; and

(7) build and encourage climate adaptation and resilience of Vermont communities and natural systems.

(c) The analysis, development, and selection of the specific initiatives, programs, and strategies contained in the Plan and updates to the Plan shall be based upon:

(1) the Council's analysis and evaluation of strategies and programs pursuant to subdivision 591(b)(1) of this chapter;

(2) reports, plans, and information pertaining to greenhouse gas emissions reduction and climate resilience strategies from the Agency of Natural Resources, the Department of Public Service, other State agencies and departments, and, where appropriate, the State Comprehensive Energy Plan prepared pursuant to 30 V.S.A. § 202b and the 2018 Vermont Climate Action Commission Report to the Governor; and

(3) other reports, plans, and information.

(d) The specific initiatives, programs, and strategies contained in the Plan and updates to the Plan shall further the following objectives:

(1) to prioritize the most cost-effective, technologically feasible, and equitable greenhouse gas emissions reduction pathways and adaptation and preparedness strategies informed by scientific and technical expertise;

(2) to provide for greenhouse gas emissions reductions that reflect the relative contribution of each source or category of source of emissions;

(3) to minimize negative impacts on marginalized and rural communities and upon individuals with low and moderate income;

(4) to ensure that all regions of the State benefit from greenhouse gas emissions reductions, including sharing in the resulting economic, quality-of-life, and public health benefits;

(5) to support economic sectors and regions of the State that face the greatest barriers to emissions reductions, especially rural and economically distressed regions and industries;

(6) to support industries, technology, and training that will allow workers and businesses in the State to benefit from greenhouse gas emissions reduction solutions;

(7) to support the use of natural solutions to reduce greenhouse gas emissions and increase resilience, including the use of working lands to sequester and store carbon and protect against severe weather events; and

(8) to maximize the State's involvement in interstate and regional initiatives and programs designed to reduce regional greenhouse gas emissions and build upon state, national, and international partnerships and programs designed to mitigate climate change and its impacts.

(e) The Plan shall form the basis for the rules adopted by the Secretary of Natural Resources pursuant to section 593 of this chapter. If the Council fails to adopt the Plan or update the Plan as required by this chapter, the Secretary shall proceed with adopting and implementing rules pursuant to subsection 593(j) of this chapter to achieve the greenhouse gas emissions reductions requirements pursuant to section 578 of this title.
10 V.S.A. § 2505 — VT Code / Title 10 / Chapter 81 / Section 2505
§ 2505. Common services-Article V
Status: in_force

Any two or more member states may designate the Northeastern Forest Fire Protection Commission as a joint agency to maintain such common services as those states deem desirable for the prevention and control of forest fires. Except in those cases where all member states join in such designation for common services, the representatives of any group of such designating states in the Northeastern Forest Fire Protection Commission shall constitute a separate section of such commission for the performance of the common service or services so designated provided that, if any additional expense is involved, the states so acting shall appropriate the necessary funds for this purpose. The creation of such a section as a joint agency shall not affect the privileges, powers, responsibilities or duties of the states participating therein as embodied in the other articles of this compact.
10 V.S.A. § 6110 — VT Code / Title 10 / Chapter 151 / Section 6110
§ 6110. Appeals
Status: in_force

(a) A person aggrieved by a decision of the Secretary regarding the establishment of a TID or the transportation impact fee for the TID may appeal to the Civil Division of the Superior Court under Rule 74 of the Vermont Rules of Civil Procedure.

(b) A permit issued by the Agency under 19 V.S.A. § 1111 may be appealed in accordance with 19 V.S.A. § 5.

(c) Appeal of an act or decision of a District Commission under this subchapter shall be pursuant to section 6089 of this title.
10 V.S.A. § 447 — VT Code / Title 10 / Chapter 20 / Section 447
§ 447. Coordination with the Agency of Transportation
Status: in_force

(a) The Agency of Natural Resources shall coordinate the development of trails and the Agency of Transportation shall coordinate the development of bicycle and pedestrian paths.

(b) The Agency of Transportation shall endeavor to purchase railroads over which rail service has been discontinued that then may be retained for transportation use or leased to the Agency of Natural Resources for management as trails.
10 V.S.A. § 303 — VT Code / Title 10 / Chapter 15 / Section 303
§ 303. Definitions
Status: in_force

As used in this chapter:

(1) “Board” means the Vermont Housing and Conservation Board established by this chapter.

(2) “Fund” means the Vermont Housing and Conservation Trust Fund established by this chapter.

(3) “Eligible activity” means any activity which will carry out either or both of the dual purposes of creating affordable housing and conserving and protecting important Vermont lands, including activities which will encourage or assist:

(A) the preservation, rehabilitation, or development of residential dwelling units that are affordable to:

(i) lower income Vermonters; or

(ii) for owner-occupied housing, Vermonters whose income is less than or equal to 120 percent of the median income based on statistics from State or federal sources;

(B) the retention of agricultural land for agricultural use, and of forestland for forestry use;

(C) the protection of important wildlife habitat and important natural areas;

(D) the preservation of historic properties or resources;

(E) the protection of areas suited for outdoor public recreational activity;

(F) the protection of lands for multiple conservation purposes, including the protection of surface waters and associated natural resources;

(G) the development of capacity on the part of an eligible applicant to engage in an eligible activity.

(4) “Eligible applicant” means any:

(A) municipality;

(B) State agency as defined in section 6301a of this title;

(C) nonprofit organization qualifying under Section 501(c)(3) of the Internal Revenue Code; or

(D) cooperative housing organization, the purpose of which is the creation or retention of affordable housing for lower income Vermonters and the bylaws of which require that such housing be maintained as affordable housing for lower income Vermonters on a perpetual basis.

(5) “Lower income” means less than or equal to the median income based on statistics from State or federal sources.

(6) “Important natural area” means any area containing one or more endangered species as defined in chapter 123 of this title or any area essential to maintaining the ecological diversity or natural heritage of the State.

(7) “Historic property or resource” means any building, structure, object, district, area, or site that is significant in the history, architecture, archeology, or culture of this State, its communities, or the nation.
10 V.S.A. § 708 — VT Code / Title 10 / Chapter 31 / Section 708
§ 708. Districts; unions; expenditure statement; duties of Council
Status: in_force

(a) The supervisors of the respective districts and directors of the respective unions, twice during each fiscal year, shall submit statements to the Council as to expenditures made and estimates as to expenditures likely to be incurred to the end of the fiscal year, such statements to be made at such times and in such manner as the Council may require.

(b) In addition to the duties and powers hereinafter conferred upon the Council, it shall:

(1) Offer appropriate assistance to the supervisors and directors of districts and unions;

(2) Keep the supervisors and directors of each district and union organized under this chapter informed of the activities and experience of all other districts and unions and facilitate an interchange of advice and experience between districts and unions;

(3) Coordinate the programs of the districts and unions so far as this may be done by advice and consultation;

(4) Secure the cooperation and assistance of the United States and any of its agencies and of agencies of this State in the work of districts or unions;

(5) Disseminate information throughout the State concerning the activities and programs of the districts and unions organized hereunder;

(6) Act upon petition by any two or more districts lying within the limits of the territory proposed to be organized into a union asking that a supervisory union be organized to function in the territory described in the petition;

(7) Supervise and oversee annual election of district supervisors.
10 V.S.A. § 1442 — VT Code / Title 10 / Chapter 49A / Section 1442
§ 1442. Definitions
Status: in_force

As used in this chapter:

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

(2) “Best management practices” means approved activities, maintenance procedures, and other practices to prevent or reduce the effects of impervious surface or cleared area on water quality and natural resources.

(3) “Cleared area” means an area where existing vegetative cover, soil, tree canopy, or duff is permanently removed or altered. Cleared area shall not mean management of vegetative cover conducted according to the requirements of section 1447 of this title.

(4) “Duff” means leaf litter plus small fragments of plants and organic debris that provide a spongy substrate that absorbs the energy of falling water and allows runoff to infiltrate soil.

(5) “Expansion” means an increase or addition of impervious surface or cleared area.

(6) “Grass lawn” means land maintained in continuous plant coverage of grasses and similar plants that are closely and regularly mowed, including meadow or pasture on nonagricultural land. “Grass lawn” does not include pasture cropland, land used to grow sod, or similar land used for agricultural production.

(7) “Habitable structure” means a permanent assembly of materials built for the support, shelter, or enclosure of persons, animals, goods, or property, including a dwelling, a commercial or industrial building, and driveways, decks, and patios attached or appurtenant to a dwelling or commercial or industrial building. “Habitable structure” shall not mean a motor home, as that term is defined under 32 V.S.A. § 8902, tents, lean-tos, or other temporary structures.

(8) “Highway” shall have the same meaning as in 19 V.S.A. § 1(12).

(9) “Impervious surface” means those manmade surfaces, including paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates.

(10) “Lake” means a body of standing water, including a pond or a reservoir, which may have natural or artificial water level control. Private ponds shall not be considered lakes.

(11) “Management road” shall have the same meaning as in 19 V.S.A. § 1(13).

(12) “Mean water level” means the mean water level of a lake as defined in the Mean Water Level Rules of the Agency of Natural Resources adopted under 29 V.S.A. § 410.

(13) “Parcel” means a portion of land or a tract of land with defined boundaries created by dividing the land by sale, gift, lease, mortgage foreclosure, court-ordered partition or decree, or filing of a plat, plan, or deed in the records of the municipality where the act of division occurred.

(14) “Private pond” means a body of standing water that is a natural water body of not more than 20 acres located on property owned by a person or an artificial water body of any size located on property owned by one person. A “private pond” shall include a reservoir specifically constructed for one of the following purposes: snowmaking storage, golf course irrigation, stormwater management, or fire suppression.

(15) “Private road” means a road or street other than a highway, as that term is defined in 19 V.S.A. § 1(12), that is owned by one or more persons and that is used as a means of travel from a highway to more than one parcel of land.

(16) “Project” means an act or activity that results in cleared area or the creation of impervious surface in a protected shoreland area.

(17) “Protected shoreland area” means all land located within 250 feet of the mean water level of a lake that is greater than 10 acres in surface area.

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

(19) “Slope” means the vertical rise divided by the horizontal run of a plane expressed as a percentage.

(20) “State forest highway” shall have the same meaning as in 19 V.S.A. § 1(19).

(21) “Stormwater runoff” means precipitation and snowmelt that does not infiltrate into the soil, including material dissolved or suspended in it, but does not include discharges from undisturbed natural terrain or wastes from combined sewer overflows.

(22) “Vegetative cover” means mixed vegetation within the protected shoreland area, consisting of trees, shrubs, groundcover, and duff. “Vegetative cover” shall not mean grass lawns, noxious weeds designated by the Secretary of Agriculture, Food and Markets under 6 V.S.A. chapter 84, or nuisance plants, such as poison ivy and poison oak, designated by the Secretary of Natural Resources.
10 V.S.A. § 1934 — VT Code / Title 10 / Chapter 59 / Section 1934
§ 1934. Enforcement
Status: in_force

(a) Notwithstanding any other provisions or procedure set forth in this chapter, if the Secretary finds that a person is in violation of this chapter or has failed to comply with any provisions of any order, standard, rule, or permit issued in accordance with this chapter, he or she may bring suit in the Superior Court in any county where the noncompliance has occurred to enjoin the act and to obtain compliance. The suit shall be brought by the Attorney General or the appropriate State's Attorney in the name of the State for injunctive relief or for the imposition of penalties and fines as provided in section 1935 of this title. The court may issue a temporary injunction or order in such proceedings and may exercise all plenary powers available to it in addition to the power to:

(1) enjoin further releases;

(2) order design, construction, installation, or operation of alternate facilities;

(3) order the removal of facilities, contaminated soils and the restoration of the environment;

(4) fix and order compensation for any public or private property destroyed, damaged, or injured;

(5) assess and award punitive damages;

(6) order reimbursement to any agency of federal, State, or local government from any person whose acts caused governmental expenditures under section 1283 of this title, or under subdivision 1941(b)(3) or (7) of this title and in accordance with the provisions of subsection 1941(f) of this title.

(b) In addition to the remedies described in subsection (a) of this section, if the Secretary finds that a person has installed, removed, repaired, or tested an underground storage tank in violation of this chapter or the rules adopted under this chapter, the person who installed, removed, repaired, or tested the tank may be subject to penalties and required to take all actions necessary to correct the violation in accordance with the provisions of chapters 201 and 211 of this title.
10APPENDIX V.S.A. § 37 — VT Code / Title 10APPENDIX / Chapter 1 / Section 37
App. § 37. Deer Management Rule [Effective January 1, 2026]
Status: in_force

1.0 Authority1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(b). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.

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

1.3 In accordance with 10 V.S.A. § 4084, this rule establishes open seasons; establishes daily, season and possession limits; prescribes the manner and means of taking white-tailed deer and establishes restrictions on taking based on sex and antler characteristics.

2.0 Purpose.

The purpose of this rule is to manage the white-tailed deer herd, implementing will of the General Assembly to design rules to maintain the best health, population and utilization levels of the deer herd.

3.0 Definitions3.1 “Antlerless Deer” are defined as those deer without antlers or with antlers less than three (3″) inches in length.

3.2 “Antler Point”: A “point” is an antler projection of at least 1″ measured from the base of the point at the main beam to the tip of the point. A broken main beam shall count as a point regardless of length.

3.3 “Bait”: For the purposes of this regulation, ‘bait' is defined as any animal, vegetable, fruit or mineral matter placed with the intention of attracting wildlife. Natural and artificial scents and lures that are not prohibited under Section 14 of this regulation and are not designed to be consumed by eating or licking shall not be bait for the purposes of this rule.

3.4 “Baiting” is the use of any animal, vegetable or mineral matter, including scents and lures prohibited under section 14 of this regulation that has the effect of enticing wildlife to a certain location.

3.5 “Board”: The Vermont Fish and Wildlife Board.

3.6 “Bona fide agricultural practices”: Practices that have been employed to plant, grow and harvest an agricultural product conducted in the usual manner.

3.7 “Crossbows”: A crossbow means a device consisting of a bow mounted to a rigid stock for discharging bolts or arrows and having a mechanical means to hold and release the drawn string, which must be fired from the shoulder. A bolt means a short projectile, designed for a crossbow, that resembles an arrow. No person shall hunt wild animals or game with a crossbow if the bolt has an arrowhead less than seven-eighths of an inch at its widest point and has less than two sharp cutting edges. A crossbow shall have a minimum pull of 125 pounds, a working mechanical safety and a stock no less than 23 inches in length.

3.8 “Legal Buck”: In Wildlife Management Units C, D2, E1, E2, G, I, L, M, P, and Q a legal buck shall be any white-tail deer with at least one antler three (3”) inches or more in length; and in Wildlife Management Units A, B, D1, F1, F2, H, J1, J2, K, N, and O a legal buck shall be any white-tailed deer with at least one antler with two or more antler points one inch in length or longer.

3.9 “Novice”: A person who purchased their first hunting license within the past 12 months and is 16 years of age or older.

3.10 “Youth”: A person who is 15 years of age or younger.

4.0 Antlerless Deer Permits4.1 An Antlerless Deer Permit is a permit issued pursuant to 10 V.S.A. § 4081(g) and provisions of this section that allows a person to take one antlerless deer in the wildlife management unit listed on the permit during the regular season, October muzzleloader season, or December muzzleloader season.

4.2 Annually, the Board shall determine how many antlerless permits to issue in each wildlife management unit. For a nonrefundable fee, a person may apply for an Antlerless Deer Permit. The Department shall allocate the permits in the following manner:

(a) A Vermont landowner, as defined in 10 V.S.A. § 4253, who owns 25 or more contiguous acres and who applies shall receive an antlerless deer permit in the wildlife management unit on which the land is located before any are given to people eligible under subdivision (b) of this section. If the land is owned by more than one individual, corporation, or other entity, only one permit shall be issued. Landowners applying for antlerless deer permits under this subdivision shall not, at the time of application or thereafter during the deer hunting seasons, post their lands except under the provisions of 10 V.S.A. § 4710. As used in this section, “post” means any signage that would lead a reasonable person to believe that hunting is restricted on the land. If the number of landowners who apply exceeds the number of permits for that wildlife management unit, the Department shall award all permits in that wildlife management unit to landowners by lottery.

(b) Permits remaining after allocation pursuant to subdivision (a) of this subsection shall be issued by lottery. Not more than ten percent of permits may be issued to nonresident applicants.

(c) Any permits remaining after permits have been allocated pursuant to subdivisions (a) and (b) of this subsection shall be issued by the Department on a first-come, first-served basis. Ten percent of the remaining permits may be issued to nonresident applicants.

4.3 No person may purchase or possess more than two antlerless deer permits at one time, only one of which may be acquired pursuant to subsection 4.2(a) or (b) of this section. No person may purchase or possess more than one antlerless deer permit for an individual wildlife management unit at one time. A person may purchase additional antlerless deer permits after the person has harvested an antlerless deer.

5.0 Annual Deer Limit5.1 A person shall not take more than four white-tailed deer in a calendar year, only one of which may be a legal buck, with the following exceptions.

(a) Youth and novice hunters shall be allowed to take two legal bucks, provided that one is taken during the youth or novice season, not to exceed the annual limit of four white-tailed deer.

(b) A person shall be allowed to take one additional buck, not to exceed the annual limit of four white-tailed deer, provided they have:

(1) Purchased a second buck tag,

(2) Previously taken and reported an antlerless deer in the current year, and

(3) Previously taken and reported an antlered buck in the current year that had at least one antler with 3 or more antler points.

5.2 No person shall take deer in a WMU unless they are licensed, permitted or explicitly authorized to do so by the Board rules, or procedures adopted in accordance with 10 V.S.A § 4082(c).

6.0 Regular Season6.1 Season Dates: Pursuant to 10 V.S.A. § 4084 for 16 consecutive days commencing 12 days prior to Thanksgiving Day.

6.2 Limit:

(a) One legal buck, not to exceed the annual limit as prescribed in Section 5.1 of this rule, and

(b) One antlerless deer per antlerless deer permit, not to exceed the annual limit as prescribed in section 5.1 of this rule.

7.0 October Muzzleloader Season.

7.1 Season Dates: For four consecutive days, commencing on the Thursday 16 days prior to the opening day of the regular season.

7.2 Limit: A person may take one antlerless deer per antlerless deer permit, not to exceed the annual limit as prescribed in section 5.1 of this rule.

7.3 A person hunting under this section shall obtain a muzzleloader license as provided in 10 V.S.A. § 4252 and must possess an antlerless deer permit.

7.4 A person shall not carry any firearms other than one single-barreled muzzleloading firearm as defined in 10 V.S.A.§ 4001(33) while hunting deer during this season.

7.5 No person taking deer by means of muzzleloader may possess archery equipment or crossbow while hunting.

8.0 December Muzzleloader Season.

8.1 Season Dates: For the fourteen consecutive calendar days commencing on the first Monday after the completion of the regular season.

8.2 Limit:

(a) One legal buck, not to exceed the annual limit as prescribed in Section 5.1 of this rule, and

(b) One antlerless deer per antlerless deer permit, not to exceed the annual limit as prescribed in section 5.1 of this rule.

8.3 A person hunting under this section shall obtain a muzzleloader license as provided in 10 V.S.A. § 4252.

8.4 A person shall not carry any firearms other than one single-barreled muzzleloading firearm as defined in 10 V.S.A. § 4001(33) while hunting deer during this season.

8.5 No person taking deer by means of muzzleloader may possess archery equipment or crossbow while hunting.

9.0 Archery Season9.1 Season Dates: October 1 through December 15.

9.2 Limit:

(a) One legal buck, not to exceed the annual limit as prescribed in Section 5.1 of this rule, and

(b) In Wildlife Management Units declared open by the Board to the taking of antlerless deer, a person may take one antlerless deer per archery antlerless deer tag, not to exceed the annual limit as prescribed in Section 5.1 of this rule.

9.3 A person hunting under this section shall obtain an archery license as provided in 10 V.S.A. § 4252. An archery license will be valid for one deer; additional archery licenses are required for the taking of additional deer.

9.4 A person shall use only a bow and arrow or a crossbow to take deer during this season.

9.5 The holder of an archery license or a super sport license, hunting with a bow and arrow or a crossbow, may possess a handgun while archery hunting, in accordance with 10 V.S.A. § 4252(b), provided that the license holder shall not take game by firearm while hunting.

9.6 Expanded Archery Zones

(a) Within these zones, the archery season shall begin September 15. From September 15 to September 30, only antlerless deer may be taken.

(b) Zone Boundaries

Wildlife Management Unit A

All of Wildlife Management Unit A as described in 10 App. V.S.A. § 2b.

Newport

All lands within the city of Newport.

Burlington Area

Beginning on the shore of Lake Champlain at the end of Beach Road (Shelburne T.H. #22) in Shelburne proceed south along Beach Road to Bostwick Road (Shelburn T.H. #3); then northeast along Bostwick Road to Marsett Road (Shelburne T.H. #11); then east along Marsett Road to Falls Road (Shelburne T.H. #2); then east along Falls Road to Irish Hill Road (Shelburne T.H. #2); then east along Irish Hill Road to Spear Street (Shelburne T.H. #6); then north along Spear Street to Barstow Road (Shelburne T.H. #8); then east along Barstow Road to Cheesefactory Road (Shelburne T.H. #8); then east along Cheesefactory Road to State Route 116; then south along Route 116 to South Brownell Road (Williston T.H. #5); then north along South Brownell Road to Walker Hill Road (Williston T.H. #18); then east along Walker Hill Road to State Route 2A (Saint George Road); then north along Route 2A to Interstate Highway 89; then east along Interstate Highway 89 to Oak Hill Road (Williston T.H. #1); then north along Oak Hill Road to North Williston Road (Williston T.H. #1); then north along North Williston Road to State Route 117 (River Road); then west along Route 117 to State Route 289; then north and west along Route 289 to Susie Wilson Bypass (Essex T.H. #3); then southwest along Susie Wilson Bypass to Kellogg Road (Essex T.H. #5); then west along Kellogg Road which becomes Severance Road (Colchester T.H. #7); then west along Severance Road to Blakely Road (Colchester T.H. #9); then west along Blakely Road to East Lakeshore Drive; then in a straight line north to the shore of Lake Champlain; then west and south along the shore of Lake Champlain to the point of beginning.

Montpelier

All lands within the city of Montpelier.

Saint Johnsbury Area

Beginning at the junction of Hospital Drive (St. Johnsbury State Highway) and Interstate Highway 91 proceed east along Hospital Drive to Depot Hill Road (St. Johnsbury T.H. #85); then east along Depot Hill Road to U.S. Route 5 (Memorial Drive); then north along US Route 5 to Breezy Hill Road (St. Johnsbury T.H. #6); then east along Breezy Hill Road to Lackey Hill Road (St. Johnsbury T.H. #20); then east along Lackey Hill Road approximately 300 feet to the power line; then south along the power line to the electric substation off Higgins Hill Road (St. Johnsbury T.H. #80); then south along the power line to Interstate Highway 93; then west along Interstate Highway 93 to Interstate Highway 91; then north along Interstate Highway 91 to the point of beginning.

Rutland Area

Beginning at the junction of State Route 4A and U.S. Route 4 in West Rutland proceed east along U.S. Route 4 to U.S. Route 7; then south along U.S. Route 7 to North Shrewsbury Road (Clarendon T.H. #4); then east along North Shrewsbury Road to East Clarendon Road (Clarendon T.H. #8); then north along East Clarendon Road to Cold River Road (Clarendon T.H. #8); then north along Cold River Road to the Rutland Town/Clarendon town line; then east along the Rutland Town/Clarendon town line to the Mendon town line; then north along the Rutland Town/Mendon town line to U.S. Route 4; then west along U.S. Route 4 to Post Road (Rutland Town T.H. #30); then north and west along Post Road to U.S. Route 7; then south along U.S. Route 7 approximately 0.1 miles to the triple power line; then west and southwest along the triple power line to the junction west of Grove Street (Rutland City T.H. #6); then south along the double power line to the junction near the end of Evergreen Avenue (Rutland City T.H. #174); then west along the power line to the junction west of West Proctor Road (Rutland Town T.H. #6); then north along the power line to the junction north of Durgy Hill Road (West Rutland Town T.H. #12); then west along the power line to Marble Street (West Rutland Town T.H. #3); then south along Marble Street to Water Street (West Rutland Town T.H. #19); then west along Water Street to Whipple Hollow Road (West Rutland Town T.H. #4); then south along Whipple Hollow Road to Route 4A; the west along Route 4A to the point of beginning.

Bennington Area

Beginning at the junction of U.S. Route 7 and State Route 313 in Arlington proceed west along Route 313 to State Route 7A; then south along Route 7A to West Mountain Road (Shaftsbury T.H. #54); then west along West Mountain Road to Laclair Road (Shaftsbury T.H. #64); then west along Laclair Road to Murphy Hill Road (Shaftsbury T.H. #9); then west along Murphy Hill Road to Sally Gannon Road (Shaftsbury T.H. #13), then west along Sally Gannon Road to the New York state border; then south along the New York state border to State Route 346; then east along Route 346 to North Pownal Road (Pownal T.H. #2); then east along North Pownal Road to U.S. Route 7; then south along U.S. Route 7 to Barber Pond Road (Pownal T.H. #3); then east along Barber Pond Road to South Stream Road (Pownal T.H. #3); then east and north along South Stream Road to Gore Road (Bennington T.H. #54); then east along Gore Road to Burgess Road (Bennington T.H. #53); then north along Burgess Road to Barney Road (Bennington T.H. #52); then north along Barney Road to State Route 9, then west along Route 9 to State Route 279; then north along Route 279 to Chapel Road (Bennington T.H. #16); then north along Chapel Road to East Road (Shaftsbury T.H. #5); then north along East Road to U.S. Route 7; then north along U.S. Route 7 to the point of beginning.

Brattleboro Area

Beginning at the Interstate Highway 91 bridge over the West River in Brattleboro proceed southeast along the north shore of the West River to the New Hampshire state border; then south along the New Hampshire state border to Broad Brook; then west along Broad Brook to State Route 142; then north along Route 142 to Broad Brook Road (Vernon T.H. #6); then west along Broad Brook Road to U.S. Route 5; then north along U.S. Route 5 to Guilford Center Road (Guilford T.H. #1); then southwest along Guilford Center Road to Tater Lane (Guilford T.H. #23); then north along Tater Lane which becomes South Street (Brattleboro T.H. #72); then north along South Street to State Route 9; then northwest along Route 9 to Meadowbrook Road (Brattleboro T.H. #26); then north along Meadowbrook Road to upper Dummerston Road (Brattleboro T.H. #5); then southeast along Upper Dummerston Road to Interstate Highway 91; then north along Interstate Highway 91 to the point of beginning.

10.0 Youth Deer Hunting Weekend10.1 Season Dates: Pursuant to 10 V.S.A. § 4742a, the Saturday and Sunday one week prior to the opening day of the regular season shall be youth deer hunting weekend.

10.2 Limit: One white-tailed deer. One legal buck may be taken during the youth deer hunting weekend, or any deer if the Board has authorized the taking of antlerless deer during youth hunting weekend.

10.3 To participate in the youth deer hunt, a qualified youth must be 15 years of age or younger and have a valid Vermont hunting license and a youth deer hunting weekend license.

10.4 The youth must be accompanied by an unarmed adult who holds a valid Vermont hunting license and who is 18 years of age or older. An adult accompanying a youth under this section shall accompany no more than two young people at one time. As used in this section, “accompany,” “accompanied,” or “accompanying” means direct control and supervision, including the ability to see and communicate with the youth hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.

10.5 No youth shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.

11.0 Novice Season11.1 Season Dates: This season shall be concurrent with the Youth Deer Hunting Weekend as prescribed in 10 V.S.A. § 4742a and section 10.1 of this rule.

11.2 Limit: One white-tailed deer. One legal buck may be taken during this season, or any deer if the Board has authorized the taking of antlerless deer during youth hunting weekend.

11.3 To participate in the novice season, a qualified person must have a valid Vermont hunting license, and follow the requirements of youth hunting weekend.

11.4 The novice hunter must be accompanied by an unarmed adult who holds a valid Vermont hunting license and who is 18 years of age or older. An adult accompanying a novice under this section shall accompany no more than two novice hunters at one time. As used in this section, “accompany,” “accompanied,” or “accompanying” means direct control and supervision, including the ability to see and communicate with the novice hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.

11.5 No Novice hunter shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.

12.0 Reporting.

12.1 A deer carcass shall be field dressed prior to reporting in accordance with 10 V.S.A. App. § 2.

12.2 Upon request, the person harvesting a deer shall show and return to the kill site with a Game Warden.

12.3 A deer carcass may be quartered or deboned in the field prior to reporting provided all requirements of 10 V.S.A. App. § 2 and 10 V.S.A. §§ 4921 through 4925 are met. The viscera, hide, upper and lower leg bones, backbone, pelvis, and ribs may be left in the field. Evidence of sex (genitalia, antlers of deer,) must be retained for reporting. All other required biological samples must also be retained for reporting, including both central incisors of deer, during the November firearm season and novice weekend.

13.0 Feeding of Deer.

13.1 No person shall feed white-tailed deer at any time in Vermont except:

(a) Under a license or permit issued pursuant to 10 V.S.A. § 4152 by the Department for bona fide scientific research, mitigation of wildlife damage or nuisance problems, or wildlife population reduction programs only; or

(b) By planting, cultivating or harvesting of crops directly associated with bona fide agricultural practices, including planted wildlife food plots; or

(c) By distribution of food material for livestock directly associated with bona fide agricultural practices; or

(d) By cutting of trees or brush; or

(e) By incidental feeding by an elevated bird/squirrel feeders (feeders must be at least five feet above the ground) providing seed, grain, fruit, worms, or suet for birds or squirrels, located within 100 feet of an occupied dwelling.

14.0 Baiting14.1 No person shall take deer by using bait. Exempted from this prohibition are:

(a) Incidental feeding of wildlife within active livestock operations;

(b) Standing crops planted and left standing as food plots for wildlife;

(c) Grain or other feed scattered or distributed solely as a result of normal agricultural, gardening, or soil stabilization, and logging practices;

(d) Vegetation or food/seed naturally deposited.

14.2 No person shall take any game or wild animal by using bait during deer seasons established under Part 4 of Title 10 or by rules of the Board, except that persons taking furbearers as authorized under 10 V.S.A. § 4252(3) may use bait in conjunction with traps being set to take furbearers.

15.0 The Ban of urine and other natural lures.

15.1 Authority. The Fish & Wildlife Board finds that, in order to protect the health of white-tailed deer in Vermont, it is necessary to prohibit the use of cervid urine, blood, glands, gland oil, feces, or other bodily fluids for the purpose of taking or attempting to take deer.

15.2 Restricted and Permitted Uses of cervid urine, blood, glands, gland oil, feces, or other bodily fluids.

(a) No person shall possess while hunting or use, for the purposes of taking or attempting to take, attracting, surveillance or scouting deer; any product that contains or purports to contain any cervid urine, blood, gland oil, feces, or other bodily fluids.

(b) A person may utilize the body parts of a wild Vermont white-tailed deer legally taken or acquired by that person for coyote hunting.
10 V.S.A. § 422 — VT Code / Title 10 / Chapter 19 / Section 422
§ 422. Acquisition of rights and interests in land for scenery protection
Status: in_force

(a) Power to acquire. To further carry out the purposes set forth in section 421 of this title, the Agency of Transportation, the Departments of Forests, Parks and Recreation, Fish and Wildlife, Environmental Conservation and the Division for Historic Preservation, hereafter called Department, may acquire land and any rights and interests therein by purchase with any authorized funds, donation, device, exchange, transfer from any other governmental agency (federal, state, or local). All proposed acquisitions, exchanges, and transfers of lands or rights therein shall be submitted to the Natural Resources Interagency Committee for review of conformance to the plan prepared under section 424 of this title. The recommendations of the Interagency Committee on Natural Resources need not be binding on the departments.

(b) Types of interests to be acquired. The Department shall determine the types of rights and interests in land to be acquired in order to fulfill the purposes of section 421 of this title. In the case of acquisition subject to a right of occupancy and use or reconveyance, or lease, the Department shall, so far as possible, give priority to the former owner in selecting the grantee or lessee, as the case may be.

(c) Injunction. In any case where rights and interests in land are divided between the State and private co-owners, the Department may begin injunction proceedings to enforce compliance in accordance with the provisions of this chapter. (1966, No. 67 (Sp. Sess.), § 3, eff. March 14, 1966; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 76, § 18.)
10APPENDIX V.S.A. § 2b — VT Code / Title 10APPENDIX / Chapter 1 / Section 2b
App. § 2b. Wildlife Management Units
Status: in_force

1.0 Annual Public Meetings.

Five Regions are established for annual public meetings on deer herd management pursuant to 10 V.S.A. § 4081(f). The Regions are comprised of Wildlife Management Units (WMU)s,, as delineated in section 2.0 below, and are as follows:

a. Region 1—WMU's A, B, C, F1, F2, G

b. Region 2—WMU's D1, D2, E1, E2

c. Region 3—WMU's H, I, J1, J2

d. Region 4—WMU's K, L, N, P

e. Region 5—WMU's M, O, Q.

2.0 WMU boundaries.

The WMU district boundaries are all those lands enclosed within the boundary lines described for each unit as follows:

Unit A — All of Grand Isle County including the islands.

Unit B — Beginning at the junction of the United States/Canadian Border and the Grand Isle/Franklin Counties Border proceed east along the Canadian Border to its intersection with State Route 139 in Richford. Then proceed southerly along that road to State Route 105. Continue southerly along Route 105 to State Route 108 in Enosburg Falls and then southerly along Route 108 to its intersection with the Upper Pleasant Valley Road (Cambridge T.H. #5) in Jeffersonville. Continue southerly along the Upper Pleasant Valley Road to the Pleasant Valley Road and then southerly along the Pleasant Valley Road (Cambridge T.H. #1, Underhill T.H. #1) which becomes River Road (Jericho T.H. #5) and along that road to State Route 15. Then south along Route 15 to the Brown's Trace Road (Jericho T.H. #1, #3, and #4) and along that road which becomes the Jericho Road (Richmond T.H. #4). Continue along the Jericho Road to Bridge Street in Richmond and along Bridge Street to the Winooski River. Then westerly along the Winooski River to its mouth at Lake Champlain and then in a northwesterly direction to the Grand Isle/Chittenden County Border. Then north along that border to the point of beginning.

Unit C — Beginning at the junction of the United States/Canadian Border and State Route 139 in Richford proceed east along the Canadian Border to State Route 243 in North Troy. Then proceed southerly along that road to State Route 105. Then southerly along Route 105 to State Route 101 and southerly along Route 101 to State Route 100 in Troy. Continue south along Route 100 to State Route 15 in Hyde Park then west along Route 15 to State Route 108 in Jeffersonville. Then north along Route 108 to State Route 105 in Enosburg Falls and north along Route 105 to State Route 139 and north along Route 139 to the point of beginning.

Unit D — Beginning at the United States/Canadian Border and State Route 243 in North Troy proceed east along the Canadian Border to Line Farm Road (Holland T.H. #13) in Holland. Then south along that road to Holland Pond Road (Holland T.H. #4 & #19). Then west, turning south on Holland Pond Road to Valley Road (Holland T.H. #1, Morgan T.H. #1). Continue south along Valley Road to State Route 111 in Morgan. Then east on Route 111 to State Route 114. Then proceed south along Route 114 to State Routes 114/105, and continue south on Route 114 to Mountain Road (Burke #7) in East Burke. Then east on Mountain Road to Kirby Road (Burke T.H. #8, Lyndon T.H. #7) then south on Kirby Road which becomes Ridge Road (Kirby T.H. #1), continue south on Ridge Road to Kirby Mountain Road (Kirby T.H. #29) and south on that road to Ranney Hill Road (Kirby T.H. #29) and east on that road to Wood Lane (Kirby T.H. #29) and then south on Wood Lane which becomes Brook Road (Concord T.H. #66) to U.S. Route 2 Concord. Then west along U.S. Route 2 to State Route 15 in West Danville and west along Route 15 to State Route 100 in Hyde Park. Then north along Route 100 to State Route 101 in Troy and north along Route 101 to State Route 105. Continue north along Route 105 to State Route 243, then north along Route 243 to the point of beginning. Wildlife Management Unit D is subdivided into subunits D1 and D2.

Subunit D1 — is that part of Unit “D” lying West of a line commencing at the junction of State Routes 15 and 16 in Hardwick and proceeding northerly along State Route 16 to State Route 5A in Westmore, then northerly on Route 5A to Hudson Road (Charleston T.H. #1) in Charleston. Then southeast on Hudson Road to State Route 105. Continue southeast on Route 105 ending at its junction with State Route 114 in Brighton.

Subunit D2 — is that part of Unit “D” lying East of a line commencing at the junction of State Routes 15 and 16 in Hardwick and proceeding northerly along State Route 16 to State Route 5A in Westmore, then northerly on Route 5A to Hudson Road (Charleston T.H. #1) in Charleston. Then southeast on Hudson Road to State Route 105. Continue southeast on Route 105 ending at its junction with State Route 114 in Brighton.

Unit E — Beginning at the United States/Canadian Border and Line Farm Road (Holland T.H. #13) in Holland proceed east along the Canadian Border to the Vermont/New Hampshire Border at Canaan. Then south along the New Hampshire Border to U.S. Route 2 in Guildhall. Then west along U.S. Route 2 to Brook Road (Concord T.H. #66) in Concord. Then north on Brook Road which becomes Wood Lane (Kirby T.H. #29), then west on Ranney Hill Road (Kirby T.H. #29) to Kirby Mountain Road (Kirby T.H. #29) then north on that road to Ridge Road (Kirby T.H. #1). Continue north on Ridge Road which becomes Kirby Road (Burke T.H. #8, Lyndon T.H. #7) and north on that road to Mountain Road (Burke T.H. #7) and west on Mountain Road to State Route 114 in East Burke. Then north along Route 114 to State Routes 114/105, continue north on Route 114 State Route 111 in Morgan. Then west along Route 111 to Valley Road (Morgan T.H. #1, Holland T.H. #1) and north on Valley Road to Holland Pond Road (Holland T.H. #4 & #19). Continue north, then east on Holland Pond Road to Line Farm Road (Holland T.H. #13) then north on that road to the point of beginning. Wildlife Management Unit E is subdivided into subunits E1 and E2.

Subunit E1 — All of the Unit E as described previously north of State Route 105.

Subunit E2 — All of the Unit E as described previously south of State Route 105.

Unit F — Beginning at the mouth of the Winooski River at Lake Champlain in Colchester proceed east along the river to Bridge Street in Richmond. Then south along Bridge Street to Huntington Road (Richmond T.H. #1), and south along it where it becomes Main Road (Huntington T.H. #1) continuing south to the Hinesburg Hollow Road (Huntington T.H. #2, Starksboro T.H. #2). Then west along the Hinesburg Hollow Road which becomes Hollow Road (Hinesburg T.H. #5) to State Route 116. Continue south along Route 116 to State Route 125 in East Middlebury and then east on that road to the Upper Plains Road (Middlebury T.H. #11, Salisbury #5). Then south along that road to State Route 53 and along it to State Route 73 in Forest Dale. Proceed westerly on Route 73 to Mount Independence Road (Orwell T.H. #2) in Orwell. Then westerly on that road to Chipman's Point Road (Orwell T.H. #2), and west on that road to Lake Champlain. Then on a west line to the Vermont/New York Border and then north along New York Border to the Grand Isle County Border. Then southeast to the mouth of the Winooski River and the point of beginning. Wildlife Management Unit F is subdivided into subunits F1 and F2.

Subunit F1 — is that part of Unit “F” lying West of a line commencing at the junction of State Routes 22A and 73 in the Town of Orwell, then proceeding northerly along Route 22A to State Route 74 in Shoreham, then northerly along Route 74 to State Route 30 in Cornwall. Continue northerly along Route 30 to U.S. Route 7 in Middlebury then northerly along U.S. Route 7 to the Monkton Road (Ferrisburg T.H. #2, Monkton T.H. #1) in Ferrisburg. Then northerly along the Monkton Road which becomes Silver Street (Hinesburg T.H. #4) to State Route 116 in Hinesburg and northerly along Route 116 to State Route 2A in St. George and then northerly along 2A ending at its junction with the Winooski River in Williston.

Subunit F2 — is that part of Unit “F” lying East of a line commencing at the junction of State Routes 22A and 73 in the Town of Orwell, then proceeding northerly along Route 22A to State Route 74 in Shoreham, then northerly along Route 74 to State Route 30 in Cornwall. Continue northerly along Route 30 to U.S. Route 7 in Middlebury then northerly along U.S. Route 7 to the Monkton Road (Ferrisburg T.H. #2, Monkton T.H. #1) in Ferrisburg. Then northerly along the Monkton Road which becomes Silver Street (Hinesburg T.H. #4) to State Route 116 in Hinesburg and northerly along Route 116 to State Route 2A in St. George and then northerly along Route 2A ending at its junction with the Winooski River in Williston.

Unit G — Beginning at the junction of State Route 108 and the Upper Pleasant Valley Road (Cambridge T.H. #5) in Jeffersonville proceed north on Route 108 to State Route 15. Then east on Route 15 to State Route 100 in Morrisville and then south on that road to State Route 17 in Waitsfield. Continue westerly along Route 17 to State Route 116 in Bristol then north along that road to Hollow Road (Hinesburg T.H. #5). Proceed easterly along Hollow Road which becomes Hinesburg Hollow Road (Starksboro T.H. #2, Huntington T.H. #2) to Main Road (Huntington T.H. #1) then north on Main Road which becomes Huntington Road (Richmond T.H. #1) and along that road to Bridge Street in Richmond. Continue along Bridge Street to the Jericho Road (Richmond T.H. #4) and north along Jericho Road which becomes Brown's Trace Road (Jericho T.H. #1, #3, #4) to State Route 15 and along Route 15 to River Road (Jericho T.H. #5) which turns into the Pleasant Valley Road (Underhill T.H. #1, Cambridge #1). Continue on that road to the Upper Pleasant Valley Road (Cambridge T.H. #5) and northerly along it to the point of beginning.

Unit H — Beginning at the intersection of State Routes 15 and 100 in Morristown, proceed east along Route 15 to U.S. Route 2 in West Danville. Then east along U.S. Route 2 Peacham Road (Danville T.H. #3) in Danville, then south on the Peacham Road which becomes the Peacham Danville Road, then becomes the Bayley-Hazen Road (Peacham T.H. #1) to Peacham where it becomes South Main Street (Peacham T.H. #1). Continue south along that road which then becomes the Peacham Groton Road (Peacham T.H. #3) changing to Peacham Road (Barnet T.H. #4, Ryegate T.H. #4) to Groton where it becomes Minard Hill Road (Groton T.H. #2). Continue south on that road to U.S. Route 302. Proceed west on U.S. Route 302 to U.S. Route 2 in Montpelier and then westerly along U.S. Route 2 to State Route 100 in Waterbury. Then north along Route 100 to the point of beginning.

Unit I — Beginning at the intersection of State Routes 116 and 17 in Bristol, proceed east along Route 17 to State Route 100 in Waitsfield. Then south along Route 100 to U.S. Route 4 in Killington, and then west on U.S. Route 4 to U.S. Route 7 in Rutland. Then north along U.S. Route 7 to State Route 73 in Brandon. Then easterly along Route 73 to State Route 53 in Forest Dale and north along Route 53 to the Upper Plains Road (Salisbury T.H. #5, Middlebury T.H. #11). Proceed north along the Upper Plains Road to State Route 125 in East Middlebury and west along Route 125 to State Route 116, then north along Route 116 to the point of beginning.

Unit J — Beginning at the intersection of State Route 100 and U.S. Route 2 in North Moretown proceed east on U.S. Route 2 to U.S. Route 302 in Montpelier and along U.S. Route 302 to Minard Hill Road (Groton T.H. #2) in Groton. Then northerly on Minard Hill Road which then becomes Peacham Road (Barnet T.H. #4, Ryegate T.H. #4). Continue north along that road which then becomes the Peacham Groton Road (Peacham T.H. #3) to South Peacham where it becomes South Main Street (Peacham T.H. #1). Continue north on that road which becomes the Bayley-Hazen Road then becomes the Peacham Danville Road (Peacham T.H. #1) to Danville where it becomes the Peacham Road (Danville T.H. #3). Continue north on that road to U.S. Route 2. Proceed east along U.S Route 2 to the Vermont/New Hampshire Border in Guildhall. Then south along the New Hampshire border to U.S. Route 4 in White River Junction and then west on U.S. Route 4 to State Route 14 and west along Route 14 to State Route 107 in North Royalton. Continue west on Route 107 to State Route 100 in Stockbridge and north along Route 100 to the point of beginning. Wildlife Management Unit “J” is subdivided into subunits J1 and J2.

Subunit J1 — is that part of Unit “J” lying West of a line commencing at the junction of State Routes 14 and 110 in South Royalton, then proceeding northerly along Route 110 ending at its junction with U.S. Route 302 in East Barre.

Subunit J2 — is that part of Unit “J” lying East of a line commencing at the junction of State Routes 14 and 110 in South Royalton, then proceeding northerly along Route 110 ending at its junction with U.S. Route 302 in East Barre.

Unit K — Beginning at the Vermont/New York Border off Chipman's Point Road in Orwell, proceed east along Chipman's Point Road to Mount Independence Road (Orwell T.H. #2) and along that road to State Route 73. Continue east on Route 73 to U.S. Route 7 in Brandon. Then south along U.S. Route 7 to Mt Tabor Ave (Mt. Tabor T.H. #1) in Mt. Tabor and west along that road to Brook Road (Danby T.H. #1). Then west on Brook Road to the Danby/Pawlet Road (Danby T.H. #1, Pawlet T.H. #4). Then west along that road to State Route 133 in Pawlet and along Route 133 to State Route 30, then westerly along Route 30 to State Route 149 and along Route 149 to the Vermont/New York Border. Then north along the New York Border to the point of beginning.

Unit L — Beginning at the intersection of U.S. Routes 4 and 7 in Rutland, proceed east along U.S. Route 4 to State Route 100 in Bridgewater. Then south along Route 100 to State Route 30 in Rawsonville and then west along Route 30 to the junction of State Route 11 in Winhall. Continue west on Routes 11/30 to U.S. Route 7 in Manchester and north along U.S. Route 7 to the point of beginning.

Unit M — Beginning at the intersection of State Routes 100 and 107 in Stockbridge proceed east on Route 107 to State Route 12. Then south on Route 12 to US Route 4 in Woodstock. Then west on Route 4 to State Route 106 and continue south on Route 106 to State Route 131 in Weathersfield, proceed west on Route 131 to State Route 103 in Proctorsville. Then south on Route 103 to State Route 11 to State Route 35 in Chester. Continue south on Route 35 to State Route 35/121 in Grafton. Then south on Route 35 to State Route 30 in Townshend. Then northwesterly on Route 30 to State Routes 30 and 100. Then north on Vermont Routes 30/100 to Rawsonville, continuing north on Route 100 to the point of beginning.

Unit N — Beginning at the junction of State Route 149 and the Vermont/New York Border proceed east on Route 149 to State Route 30 then southeast on Route 30 to State Route 133. Continue easterly on Route 133 to the Danby/Pawlet Road (Pawlet T.H. #4) and easterly along that road to Brook Road (Danby T.H. #1). Continue east on Brook Road to Mt. Tabor Ave (Mt. Tabor T.H. #1) and continue east to its junction with U.S Route 7 in Mt. Tabor, then south on U.S. Route 7 to State Route 9 in Bennington. Then east on Route 9 to South Branch Street in Bennington and south to Beech Street and then south along it to South Stream Road (Bennington T.H. #3, Pownal T.H. #3) continuing south on that road which becomes Barber Pond Road and along it to U.S. Route 7 in Pownal. Then south along U.S. Route 7 to the Vermont/Massachusetts Border and then west along the Massachusetts Border to the Vermont/New York Border and north along the New York Border to the point of beginning.

Unit O — Beginning at the intersection of State Routes 107 and 14 in North Royalton proceed easterly along Route 14 to U.S. Route 4 in White River Jct. Then east along U.S. Route 4 to the Vermont/New Hampshire Border. Then south along the New Hampshire Border to the Vermont/Massachusetts Border. Then west along the Massachusetts Border to Stark Mountain Road in Halifax (Halifax T.H. 39). Then north on Stark Mountain Road to Amidon Road (Halifax T.H. 32). Continue north on Amidon Road to Jacksonville Stage Road (Halifax T.H. 2) in Grove. Then northeast along Jacksonville Stage Road which becomes Stage Road (Guilford T.H. 1) to Guilford Center. Continue northeast on Guilford Center Road (Guilford T.H. 1) to U.S. Route 5 in Guilford. Then north on U.S Route 5 to Interstate 91 at Exit 1. Then northerly along Interstate 91 to State Route 30 in Brattleboro and along Route 30 to State Route 35 in Townshend. Then north on Route 35 to State Route 35/121 in Grafton. Then north on Route 35 to State Route 11 to State Route 103 in Chester. Continue north on Route 103 to State Route 131 in Proctorsville. Then easterly on Route 131 to State Route 106 in Weathersfield. Then northerly on Route 106 to U.S. Route 4 in Woodstock. Then east on U.S. Route 4 to State Route 12 and north on Route 12 to State Route 107 near Stockbridge. Then easterly on Route 107 to the point of beginning.

Unit P — Beginning at the intersection of U.S. Route 7 and State Routes 11 and 30 in Manchester proceed east on Routes 11/30 to their junction in Winhall. Continue southeast on Route 30 to State Routes 30 and 100 in Rawsonville and then south on Routes 30/100 to East Jamaica. Continue south on Route 100 to State Route 112 in Jacksonville. Then along Route 112 to State Route 8A and south along Route 8A to the Vermont/Massachusetts Border. Then west along the Massachusetts Border to U.S. Route 7 in Pownal and then north on U.S. Route 7 to Barber Pond Road (Pownal T.H. #3) then northeast along that road which becomes South Stream Road (Bennington T.H. #3) to Beech Street in Bennington and then on South Branch Street to State Route 9. Then west on Route 9 to U.S. Route 7 and then north on U.S. Route 7 to the point of beginning.

Unit Q — Beginning at the intersection of State Routes 100 and 30 in East Jamaica proceed southeast on Route 30 to Interstate 91, then proceed south along Interstate 91 to U.S. Route 5 at Exit 1. Then south on U.S Route 5 to Guilford Center Road (Guilford T.H. 1). Then southwest on Guilford Center Road to Guilford Center. Continue southwest along Stage Road (Guilford (T.H. 1) which becomes Jacksonville Stage Road (Halifax T.H. 2) to Grove. Then south on Amidon Road (Halifax T.H. 32) to Stark Mountain Road (Halifax T.H.39) and south on that road to the Vermont/Massachusetts Border and then west along the Massachusetts Border to State Route 8A. Then northerly along Route 8A to State Route 112 in Jacksonville and then north along Route 112 to State Route 100. Proceed north along Route 100 to the point of beginning.
10 V.S.A. § 1461 — VT Code / Title 10 / Chapter 50 / Section 1461
§ 1461. Aquatic nuisance inspection stations; training program
Status: in_force

(a) The Secretary of Natural Resources shall establish a training program regarding how to conduct inspection of vessels, motor vehicles, trailers, and other equipment for the presence of aquatic plants, aquatic plant parts, and aquatic nuisance species. The training program shall include online training, recorded material, training manuals, or other material that allows a person to complete training remotely.

(b) The Secretary of Natural Resources shall establish a training program regarding how to decontaminate vessels, motor vehicles, trailers, and other equipment to prevent the spread of aquatic plants, aquatic plant parts, and aquatic nuisance species. The training program shall instruct participants regarding how to address noncompliance with the requirements of section 1454 of this title, including how:

(1) operators of the inspection station do not have authority to board a vessel unless authorized by the vessel owner; and

(2) operators of the inspection station do not have law enforcement authority to mandate compliance with the requirements of section 1454 of this title.

(c) In order to establish an aquatic nuisance species inspection station for the purposes of the vessel inspection and decontamination requirements of subsection 1454(c) of this title, a lake association, municipality, or the Commissioner of Environmental Conservation shall apply to the Secretary for approval. As a condition of approval, a representative of a lake association or municipality shall complete the training programs established under subsections (a) and (b) of this section. A lake association or municipality seeking to operate an aquatic nuisance species inspection station shall designate a representative to complete the training programs established under subsections (a) and (b) of this section.

(d) A lake association or municipality approved to operate an aquatic nuisance species inspection station under subsection (c) of this section shall provide persons who will operate the aquatic nuisance species inspection station with training materials furnished by the Secretary regarding how to conduct the inspection and decontamination of vessels, motor vehicles, trailers, and other equipment for the presence of aquatic plants, aquatic plant parts, and aquatic nuisance species.

(e) The Secretary may adopt rules under section 1460 of this title to implement the training requirements of this section, including an annual schedule of available training.
10 V.S.A. § 7161 — VT Code / Title 10 / Chapter 164A / Section 7161
§ 7161. Continued implementation of approved collection plan
Status: in_force

(a) Notwithstanding application of the requirements of this chapter to manufacturers of mercury containing lamps who sell, offer for sale, or deliver for subsequent sale in the State, a manufacturer that sold, offered for sale, or delivered mercury containing lamps for subsequent sale in the State prior to January 1, 2024 shall be required to continue implementation of an approved collection plan and to continue compliance with the requirements under this chapter.

(b) Beginning on January 15, 2025, and biennially thereafter, the Secretary of Natural Resources shall recommend to the House Committee on Environment and the Senate Committee on Natural Resources and Energy whether the General Assembly should continue to require implementation of a collection plan by manufacturers under subsection (a) of this section. The Secretary may include the recommendation required by this subsection in the biennial report on solid waste required under subsection 6004(b) of this title.
10 V.S.A. § 1941 — VT Code / Title 10 / Chapter 59 / Section 1941
§ 1941. Petroleum Cleanup Fund
Status: repealed

(a) A fund to be known as the Petroleum Cleanup Fund is created in the State Treasury, to be expended by the Secretary of Natural Resources. The Fund shall consist of licensing fees and petroleum tank fees assessed under the provisions of this chapter, loan repayments, and disbursements that have been recovered, except for underground storage tank permit fees and licensing fees for tank inspectors. The Fund shall have two accounts: the Motor Fuel Account and the Heating Fuel Account. The Motor Fuel Account shall consist of all monies deposited into the Fund, with the exception of the licensing fees for heating oil and kerosene described in section 1942 of this title. The Heating Fuel Account shall consist of all the monies deposited into the Fund from the licensing fees for heating oil and kerosene sold or used in the State. All balances in the Fund at the end of any fiscal year shall be carried forward and remain a part of the Fund. The Secretary may transfer money, in each fiscal year, between the accounts, provided that the transfer is approved by the advisory committee established under subsection (e) of this section and does not exceed $750,000.00. Interest earned by the Fund shall be deposited into the Fund. Disbursements from the Fund shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management. The Secretary shall seek to recover from responsible parties costs incurred under subdivision (b)(8) of this section.

(b) The Secretary may authorize disbursements from the Fund for the purpose of the cleanup and restoration of contaminated soil and groundwater caused by releases of petroleum, including aviation gasoline, from underground storage tanks and aboveground storage tanks, including air emissions for remedial actions, and for compensation of third parties for injury and damage caused by a release. This Fund shall be used for no other governmental purposes, nor shall any portion of the Fund ever be available to borrow from by any branch of government; it being the intent of the General Assembly that this Fund and its increments shall remain intact and inviolate for the purposes set out in this chapter. Disbursements under this section may be made only for uninsured costs incurred after January 1, 1987 and for which a claim is made prior to July 1, 2029 and judged to be in conformance with prevailing industry rates. This includes:

(1) Costs incurred by taking corrective action as directed by the Secretary for any release of petroleum into the environment from:

(A) An underground storage tank defined as a category one tank used for commercial purposes, provided disbursements on any site shall not exceed $1,240,000.00 and shall be made from the Motor Fuel Account, as follows:

(i) after the first $10,000.00 of the cleanup costs have been borne by the owners or operators of double-wall tank systems or single-wall tank systems that were either taken out of service or abandoned prior to July 1, 1985; and

(ii) after the first $25,000.00 of cleanup costs have been borne by the owners or operators of lined combination tank systems that have been granted a five-year extension to operate under subsection 1927(f) of this title;

(B) An underground motor fuel tank used for farming or residential purposes either after the first $250.00 of the cleanup costs have been borne by the owners or operators of tanks with a capacity equal to or less than 1,100 gallons, or after the first $1,000.00 of the cleanup costs have been borne by the owners or operators of tanks with capacities over 1,100 gallons. Disbursements on any site shall not exceed $1,000,000.00 and shall be made from the Motor Fuel Account.

(C) An underground heating fuel tank used for on-premises heating after the first $10,000.00 of the cleanup costs have been borne by the owners or operators of tanks with capacities over 1,100 gallons used for commercial purposes, or after the first $250.00 of the cleanup costs have been borne by the owners or operators of tanks with capacities equal to or less than 1,100 gallons used for commercial purposes, or after the first $250.00 of the cleanup costs have been borne by the owners or operators of residential and farm tanks. Disbursements on any site shall not exceed $1,000,000.00 and shall be made from the Heating Fuel Account.

(D) An aboveground storage tank site after the first $1,000.00 of the cleanup costs have been borne by the owners or operators of tanks used for commercial purposes, or after the first $250.00 of the cleanup costs have been borne by the owners or operators of residential and farm tanks. Disbursements under this subdivision (b)(1)(D) on any individual site shall not exceed $50,000.00. These disbursements shall be made from the Motor Fuel Account or Heating Fuel Account, depending upon the use or contents of the tank.

(E) A bulk storage aboveground motor fuel or heating fuel storage tank site after the first $10,000.00 of the cleanup costs have been borne by the owners or operators of tanks used for commercial purposes. Disbursements under this subdivision (b)(1)(E) on any individual site shall not exceed $1,000,000.00. These disbursements shall be made from the Motor Fuel Account.

(F) If a site is contaminated by petroleum releases from both heating fuel and motor fuel tanks, or where the source of the petroleum contamination has not been ascertained, the Secretary shall have the discretion to disburse funds from either the Heating Fuel or Motor Fuel Account, or both.

(2) Costs incurred in compensating third parties for bodily injury and property damage, as approved by the Secretary in consultation with the Commissioner of Financial Regulation, caused by release of petroleum from an underground category one storage tank into the environment from a site, up to $1 million, but shall not include payment of any punitive damages.

(3) Costs incurred in taking immediate corrective action to contain or mitigate the effects of any release of petroleum into the environment from an underground storage tank or aboveground storage tank if, in the judgment of the Secretary, such action is necessary to protect the public health and the environment. The Secretary may seek reimbursement of the first $10,000.00 of the costs.

(4) The cost of corrective action up to $1 million for any release of petroleum into the environment from an underground storage tank or tanks:

(A) whose owner, in the judgment of the Secretary, is incapable of carrying out the corrective action;

(B) whose owner or operator cannot be determined; or

(C) [Repealed.]

(D) whose owner, in the judgment of the Secretary, is financially incapable of carrying out the corrective action in a timely manner.

(5) [Repealed.]

(6) The costs of creating and operating a risk retention pool authorized by section 1939 of this title, which costs are in excess of a reasonable contribution by participants, as determined by the Secretary with the advice of the Commissioner of Financial Regulation. The authority for disbursements under this subdivision shall terminate on June 1, 1992.

(7) Administrative and field supervision costs incurred by the Secretary in carrying out the provisions of this subchapter. Annual disbursements shall not exceed 10 percent of annual receipts.

(8) [Repealed.]

(c) The Secretary may authorize disbursements from the Fund for costs of initiating spill control procedures, removal actions, and remedial actions to clean up spills of oil and other petroleum products where the responsible party is unknown, cannot be contacted, is unwilling to take action, or does not take timely action that the Secretary considers necessary. The Secretary may seek reimbursement of the costs, including any costs determined to be covered by insurance.

(d) The Secretary may use up to one-half the amount deposited to the Motor Fuel Account of the Fund from the licensing fees assessed under section 1942 of this title to capitalize the Underground Motor Fuel Storage Tank Loan Assistance Program established by section 1944 of this title and the cost of administering the Program. If the Secretary determines that a balance will remain after all qualifying loan applications have been satisfied, the unneeded balance may be used for cleanup. The Secretary may use the amount in the Heating Fuel Account of the Fund for purposes of funding measures related to heating oil and kerosene.

(e) Disbursements from the Fund for cleanup costs incurred prior to passage shall be limited to uninsured costs.

(f) The Secretary shall establish the Petroleum Cleanup Fund Advisory Committee that shall meet not less than annually to review receipts and disbursements from the Fund, to evaluate the effectiveness of the Fund in meeting its purposes and the reasonableness of the cost of cleanup and to recommend alterations and statutory amendments deemed appropriate. The Advisory Committee shall submit an annual report of its findings to the General Assembly on January 15 of each year. In its annual report, the Advisory Committee shall review the financial stability of the Fund, evaluate the implementation of assistance related to underground farm or residential heating fuel storage tanks and aboveground storage tanks, and the need for continuing assistance, and shall include recommendations for sustainable funding sources to finance the provision of that assistance. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. The membership of the Committee shall include the following or their designated representative:

(1) the Secretary of Natural Resources, who shall be chair;

(2) the Commissioner of Environmental Conservation;

(3) the Commissioner of Financial Regulation;

(4) a licensed gasoline distributor;

(5) a retail gasoline dealer;

(6) a representative of a statewide refining-marketing petroleum association;

(7) one member of the House to be appointed by the Speaker of the House;

(8) one member of the Senate to be appointed by the Committee on Committees;

(9) a licensed heating fuel dealer;

(10) a representative of a statewide heating fuel dealers' association; and

(11) a licensed real estate broker.

(g) The Secretary may seek reimbursement to the Fund of cleanup expenditures only when the owner of the tank is in significant violation of the owner's permit or rules, or when a required fee has not been paid for the tank from which the release occurred or, to the extent covered, when there is insurance coverage. When the Secretary has paid the first $10,000.00 of costs under subdivision (b)(4)(D) of this section, the Secretary may seek reimbursement of those costs.

(h) The owner of a farm or residential heating fuel storage tank used for on-premises heating or an underground or aboveground heating fuel storage tank used for on-premises heating by a mobile home park resident, as defined in section 6201 of this title, who desires assistance to close, replace, or upgrade the tank or replace their heating fuel system with advanced wood heat or a heat pump may apply to the Secretary for such assistance. The financial assistance may be in the form of grants of up to $3,000.00 or the costs of closure, replacement, or upgrade, whichever is less, for an aboveground storage tank located inside a structure; up to $4,000.00 or the costs of closure, replacement, or upgrade, whichever is less, for an aboveground storage tank located outside a structure; up to $5,000.00 or the costs of closure, replacement, or upgrade, whichever is less, for an underground storage tank; and up to $4,000.00 or the actual cost of replacing their heating system with advanced wood heat or a heat pump, whichever amount is less. As used in this subsection, “structure” means any assembly of materials that is intended for occupancy or use by a person and that has at least three walls and a roof. Grants shall be made only to the current property owners, except at mobile home parks where a grant may be awarded to a mobile home park resident. To be eligible to receive the grant, an environmental site assessment must be conducted by a qualified consultant during the tank closure, replacement, or upgrade if the tank is an underground heating fuel storage tank. In addition, if the closed tank is to be replaced with an underground heating fuel storage tank, the replacement tank and piping shall provide a level of environmental protection at least equivalent to that provided by a double wall tank and secondarily contained piping. Grants shall be awarded on a priority basis to projects that will avoid the greatest environmental or health risks. The Secretary shall also give priority to applicants who are replacing their underground heating fuel tanks with aboveground heating fuel storage tanks that will be installed in accordance with the Secretary's recommended standards. The Secretary shall also give priority to lower-income applicants. To be eligible to receive the grant, the owner must provide the previous year's financial information and, if the replacement tank is an aboveground tank, must ensure that any work to replace or upgrade a tank shall be done in accordance with industry standards (National Fire Protection Association, or NFPA, Code 31), as it existed on July 1, 2004, until another date or edition is specified by rule of the Secretary. The Secretary shall authorize only up to $500,000.00 in assistance for underground and aboveground heating fuel tanks in any one fiscal year from the Heating Fuel Account for this purpose. The application must be accompanied by the following information:

(1) proof of ownership, including information disclosing all owners of record of the property, except in the case where the applicant is a mobile home park resident;

(2) for farm or residential aboveground heating fuel storage tank owners, a copy of the federal income tax return for the previous year;

(3) identification of the contractor performing any heating fuel storage tank closure, replacement, upgrade, or system replacement;

(4) an estimated cost of tank closure, replacement, upgrade, or system replacement;

(5) the amount and type of assistance requested;

(6) a schedule for the work;

(7) description of surrounding area, including location of water supply wells, surface waters, and other sensitive receptors; and

(8) such other information and assurances as the Secretary may require.
10 V.S.A. § 280a — VT Code / Title 10 / Chapter 12 / Section 280a
§ 280a. Eligible projects; authorized financing programs
Status: repealed

(a) The Authority may develop, modify, and implement any existing or new financing program, provided that any specific project that benefits from such program shall meet the criteria contained in the Vermont Sustainable Jobs Strategy outlined in section 280b of this title. These programs may include:

(1) [Repealed.]

(2) the Loans to Local Development Corporations Program, administered under chapter 12, subchapter 3 of this title;

(3) the Industrial Revenue Bond Program, administered under chapter 12, subchapter 4 of this title;

(4) the Direct Loan Program, administered under chapter 12, subchapter 5 of this title;

(5) the SBA 504 Certified Development Company and Small Business Loan Programs of the Authority's Vermont 504 Corporation, administered by the Authority under subdivision 216(13) of this title;

(6) the Small Business Development Corporation Program, administered by the Authority under subdivision 216(14) of this title;

(7) one or more programs targeting economically distressed regions of the State, and specifically including the Authority to develop a program to finance or refinance up to 100 percent of the existing assets or debts of a health, recreation, and fitness organization that is exempt under Section 501(c)(3) of the Internal Revenue Code, the income of which is entirely used for its exempt purpose, that owns and operates a recreation facility located in a distressed region of the State;

(8) an Export Finance Program, administered by the Authority under chapter 12, subchapter 9 of this title;

(9) a Vermont Sustainable Energy Loan Fund and any programs created thereunder, administered by the Authority under subchapter 13 of this chapter;

(10) any other program implemented after the adoption of the sustainable jobs strategy pursuant to section 280b of this title designed to meet Vermont's need for sustainable economic development;

(11) a program that would award grants made to eligible and qualified recipients as directed by the Agency of Agriculture, Food and Markets or the Agency of Natural Resources for the purpose of funding water quality initiatives approved by the agencies, provided that the maximum amount of grants awarded by the Authority pursuant to the program shall not exceed $1,340,238.00 in the aggregate; or

(12) loans to agricultural enterprises or endeavors administered by the Authority under chapter 16A of this title and any programs created thereunder.

(b) [Repealed.]
10 V.S.A. § 4278 — VT Code / Title 10 / Chapter 105 / Section 4278
§ 4278. Falconry license
Status: in_force

(a) In this section, “raptor” means species of the orders Strigiformes, Falconiformes, and Accipitriformes.

(b)(1) A Vermont resident may obtain, sell, transport, possess, and train raptor species allowable under State and federal laws and regulations for hunting, provided the person has first obtained a State falconry license from the Commissioner. The Commissioner may issue a State falconry license, provided that the applicant:

(A) pays an initial licensing fee of $250.00 for a license valid for three years, or a renewal fee of $50.00 for a license valid for each year thereafter, as appropriate, to the Department;

(B) meets the minimum age and experience requirements for each of apprentice, general, or master falconry licenses;

(C) has completed a supervised examination relating to basic biology, care, and handling of raptors, has correctly answered a minimum of 85 percent of the questions; and

(D) possesses raptor housing facilities and falconry equipment that meet State and federal standards.

(2) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 that will establish requirements for ensuring that holders of falconry licenses will be properly qualified and that the birds will be legally acquired and appropriately cared for. Such rules shall further define required raptor housing facilities and falconry equipment, legal means of taking, lawful species, ages, and numbers of raptors to be taken and possessed, banding requirements, and any other further restrictions on taking and possession.

(c) A holder of a Vermont falconry license or a nonresident who possesses a valid falconry license from another state may use legally held raptors for hunting during an open season provided that the person holds a valid Vermont hunting or combination fishing and hunting license. The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 that regulate the taking of game species by use of trained raptors.

(d) The Commissioner may revoke a falconry license and seize raptors held under that license if the Commissioner finds that the licensee:

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

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

(3) failed to comply with any of the terms or conditions of the falconry license.
10 V.S.A. § 669 — VT Code / Title 10 / Chapter 27 / Section 669
§ 669. Regional travel and tourism marketing grants
Status: in_force

The General Assembly finds that:

(1) Effective marketing of travel and tourism destinations is best performed on a regional level.

(2) The tourism business is the second largest business in the State and is predicted to grow in the future.

(3) Private sector regional travel and tourism marketing associations, with the assistance of the public sector, will encourage the growth of Vermont as a travel destination.

(4) A regional travel and tourism marketing association is best suited to identify the regions' strengths as well as the sectors that need greater marketing assistance. Small business will be better served by a more direct contact with a local, regional travel and tourism marketing association.
10 V.S.A. § 2614 — VT Code / Title 10 / Chapter 83 / Section 2614
§ 2614. Mollie Beattie Distinguished Service Award
Status: in_force

In commemoration of the centennial of the Vermont State Parks in the Department of Forests, Parks and Recreation and in honor of the conservation and public land accessibility values of the late former Commissioner of Forests, Parks and Recreation, Mollie Beattie, there is created the Mollie Beattie Distinguished Service Award. Annually, the Commissioner of Forests, Parks and Recreation shall present this award to either a current or former State employee or partner whose contributions honor the legacy of Mollie Beattie in advancing the conservation, accessibility, quality of recreational experience, or sustainability of Vermont's public lands.
10 V.S.A. § 729 — VT Code / Title 10 / Chapter 31 / Section 729
§ 729. Termination of district
Status: in_force

At any time after five years after the organization of a district under the provisions of this chapter, any 25 owners of land lying within the boundaries of the district may file a petition with the State Natural Resources Conservation Council praying that the operations of the district be terminated and the existence of the district discontinued. Proceedings to determine whether a district shall be discontinued shall follow so far as appropriate the procedure for the establishment of the district as set forth in this chapter. If a majority of the landowners of such district present and voting, vote to disband, the chair of the board of supervisors or a member of the board shall so certify to the Secretary of State. The Secretary of State shall issue to the supervisors a certificate of dissolution, and make proper record of this action.
10 V.S.A. § 5406 — VT Code / Title 10 / Chapter 123 / Section 5406
§ 5406. Cooperation by other agencies
Status: in_force

All agencies of this State shall review programs administered by them that may relate to this chapter and shall, in consultation with the Secretary, utilize their authorities only in a manner that does not jeopardize the threatened or endangered species, critical habitat, or the outcomes of conservation or recovery programs established by this chapter or by the Secretary under his or her authority.
10 V.S.A. § 960 — VT Code / Title 10 / Chapter 39 / Section 960
§ 960. Entry authorized
Status: in_force

The Commissioner of Environmental Conservation or his or her authorized agents may enter upon any real estate at reasonable times and places for the purpose of making surveys or other investigations under this section, subsection 952(b) and sections 953, 957-958, and 961 of this title. The owners of damaged real estate may recover for damages sustained by reason of the preliminary entry authorized by this section in an action at law against the Commissioner.
10 V.S.A. § 6681 — VT Code / Title 10 / Chapter 159 / Section 6681
§ 6681. Paint consumer fees
Status: in_force

(a) The paint product stewardship assessment shall be sufficient to implement and sustain the Paint Product Stewardship Program. If at any time the stewardship assessments established in this section are not sufficient to implement and sustain the Paint Product Stewardship Program, the Paint Product Stewardship Program shall propose new stewardship assessments that are sufficient to implement and sustain the Program.

(b) A retailer shall charge an assessment on paint products, based on current material management costs of the Paint Product Stewardship Program, in the following amounts for architectural paint:

(1) Half pint or smaller: No fee.

(2) Greater than a half pint to one gallon: $0.65.

(3) Greater than one gallon to two gallons: $1.35.

(4) Greater than two gallons to five gallons: $2.45.
10 V.S.A. § 803 — VT Code / Title 10 / Chapter 33 / Section 803
§ 803. Application and procedure
Status: in_force

(a) Each district shall appoint one of its supervisors as its member of the supervisory union board. They may also appoint an alternate who must be a supervisor. The executive secretary of the Council shall be an advisory member of and clerk of the board.

(b)(1) The board of directors shall present to the Secretary of State an application signed by them that shall set forth:

(A) that a petition for the creation of the union was filed with the council pursuant to the provisions of this chapter;

(B) that the proceedings specified in this chapter were taken pursuant to such petition; and

(C) that the application is filed in order to complete the organization of the union as a corporate entity.

(2) The application shall be subscribed to by each of the directors.

(c) The application shall be accompanied by a statement by the State Council that a petition was filed and that thereafter the Council determined that the operation of the proposed union is administratively practicable and feasible and in the public interest. The statement shall show the boundaries of the union as defined by the Council.

(d) The Secretary of State shall file and record the application and statement in an appropriate record book in his or her office. When the application and statement have been filed and recorded, the union shall constitute a governmental subdivision of this State. Without cost, the Secretary of State shall issue a certificate under seal to the board of directors, certifying to the due organization of the union and shall file a copy of the certificate with the application and statement.
10 V.S.A. § 556a — VT Code / Title 10 / Chapter 23 / Section 556a
§ 556a. Operating permits
Status: in_force

(a) Upon a date specified in the rules adopted by the Secretary to implement this section, it shall be unlawful for any person to operate an air contaminant source that has allowable emissions of more than 10 tons per year of all contaminants, excluding greenhouse gases, except in compliance with a permit issued by the Secretary under this section. The Secretary may require that air contaminant sources with allowable emissions of 10 tons or less per year obtain such a permit, upon determining that the toxicity and quantity of hazardous air contaminants emitted may adversely affect susceptible populations, or if deemed appropriate based on an evaluation of the requirements of the federal Clean Air Act.

(b) Any person required by this section to have a permit shall, not later than 12 months after the date on which the source becomes subject to rules adopted by the Secretary to implement this section, submit a complete permit application and related materials to the Secretary. The Secretary may require any applicant, including a person requesting permission to operate under the terms of a previously issued general permit, to submit any additional information that the Secretary considers necessary in order to determine whether the operation of the air contaminant source will be in compliance with the provisions of this chapter and with the rules adopted under this chapter. The Secretary may refuse to grant a permit, or permission to operate under the terms of a general permit, until that information is furnished and evaluated, and until that determination has been made. If a person submits a timely and complete application for a permit required by this section, but final action has not been taken on that application, the source's failure to have a permit shall not be a violation of this section, unless the delay in final action was due to the failure of the applicant to submit, in a timely manner, information required or requested to process the application.

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

(d) Each permit issued under this section shall contain such terms and conditions as may be necessary to assure compliance with the requirements of this chapter and applicable rules and shall be issued for a fixed term, not to exceed five years. In addition, the Secretary shall, where necessary, include in a permit issued under this section conditions that revise existing or set new emission control requirements for the source based on, at a minimum, the application of reasonably available control technology. For any source that, in whole or in part, is not in compliance with all applicable requirements, the permit shall include an appropriate schedule of compliance that is acceptable to the Secretary.

(e) A person may renew a permit issued under this section upon application to the Secretary for a fixed period of time, not to exceed five years. The Secretary shall not issue a permit renewal unless the applicant first demonstrates that the emissions from the subject source meet all applicable emission control requirements or are subject to, and in compliance with, an appropriate schedule of compliance.

(f) If an application for a permit renewal has been submitted to the Secretary six months prior to the termination of the permit, and any additional information requested by the Secretary has been submitted in a timely manner, but the Secretary has failed to issue or deny the renewal permit before the end of the term of the previous permit, the permit shall not expire until the renewal permit has been issued or denied. In the event of a conflict between this subsection and 3 V.S.A. § 814(b), the provisions of this section shall govern.

(g) The Secretary shall have power to suspend, terminate, modify, or revoke for cause and to reissue any permit issued under this section.

(h) The Secretary may adopt, as a rule under 3 V.S.A. chapter 25, a general operating permit covering numerous similar sources.

(i) Failure of the Secretary to act on a permit application or a permit renewal application within 18 months after the date of receipt of a completed application shall be treated as a final permit action solely for purposes of obtaining judicial review of such action by the applicant, by any person who participated in the public comment process or by any other adversely affected person in order to compel the Secretary to act on such application without additional delay.

(j) Except in compliance with a permit issued by the Secretary under this section, it shall be unlawful for a person to operate an air contaminant source that has allowable emissions of greenhouse gases that equal or exceed any threshold established by the U.S. Environmental Protection Agency at or above which such emissions are subject to the requirements of subchapter V (permits) of 42 U.S.C. chapter 85 (air pollution prevention and control). Based on available emission control technologies or energy efficiency measures, or as otherwise appropriate to implement the provisions of this chapter, the Secretary may adopt rules to require air contaminant sources with allowable emissions below such threshold to obtain a permit under this section.
10 V.S.A. § 4653 — VT Code / Title 10 / Chapter 112 / Section 4653
§ 4653. Effective date-Article II
Status: in_force

This agreement shall become operative immediately whenever all of the states of Vermont, New Hampshire, Massachusetts, and Connecticut have executed it in a form that is in accordance with the laws of the executing state and the Congress has given its consent.
10 V.S.A. § 4274 — VT Code / Title 10 / Chapter 105 / Section 4274
§ 4274. Fur buyer's license; definition of "person"
Status: in_force

The word “person” as used in sections 4268-4273 of this title shall mean only an individual.
10 V.S.A. § 6603h — VT Code / Title 10 / Chapter 159 / Section 6603h
§ 6603h. Host community fee
Status: in_force

A municipality in which a facility certified under this chapter is located may negotiate a compensatory host payment from a solid waste district, a regional planning commission, the owner of the facility, or any combination of these.
10 V.S.A. § 554 — VT Code / Title 10 / Chapter 23 / Section 554
§ 554. Powers
Status: repealed

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

(1) Appoint and employ personnel and consultants as may be necessary for the administration of this chapter.

(2) Adopt, amend, and repeal rules, implementing the provisions of this chapter.

(3) Hold hearings related to any aspect of or matter in the administration of this chapter, and in connection therewith, subpoena witnesses and the production of evidence.

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

(5) Prepare and develop a comprehensive plan or plans for the prevention, abatement, and control of air pollution in this State.

(6) [Repealed.]

(7) Encourage local units of government to handle air pollution problems within their respective jurisdiction, and by compact on a cooperative basis, and to provide technical and consultative assistance therefor.

(8) Encourage and conduct studies, investigations, and research relating to air contamination and air pollution and their causes, effects, prevention, abatement, and control.

(9) Determine by appropriate means the degree of air contamination and air pollution in the State and the several parts thereof.

(10) Make a continuing study of the effects of the emission of air contaminants from motor vehicles on the quality of the outdoor atmosphere of this State and the several parts thereof, and make recommendations to appropriate public and private bodies with respect thereto.

(11) Establish ambient air quality standards for the State as a whole or for any part thereof, based on nationally recognized criteria applicable to the State of Vermont.

(12) Collect and disseminate information and conduct educational and training programs relating to air contamination and air pollution.

(13) Advise, consult, contract, and cooperate with other agencies of the State, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups.

(14) Consult, upon request, with any person proposing to construct, install, or otherwise acquire an air contaminant source or device or system for the control thereof, concerning the efficacy of the device or system, or the air pollution problem that may be related to the source, device or system. Nothing in any consultation shall be construed to relieve a person from compliance with this chapter, rules in force pursuant thereto, or any other provision of law.

(15) 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. The funds received by the Secretary pursuant to this section shall be deposited in the State Treasury to the account of the Secretary.

(16) Have access to records relating to emissions that cause or contribute to air contamination.
10 V.S.A. § 7011 — VT Code / Title 10 / Chapter 161 / Section 7011
§ 7011. Powers of the Authority
Status: in_force

In addition to any powers conferred or implied elsewhere by this chapter:

(1) The members may meet as often as necessary to carry out the responsibilities of the Authority. Meetings shall be held at the call of the Chair or on written request to the Chair by two members. The Authority shall keep complete minutes of all its meetings and other proceedings and shall preserve its records of all kinds.

(2) As soon as practical after appointment, and at appropriate intervals thereafter, the Authority shall hold public hearings in various locations throughout the State to obtain the reaction of the general public to the way the Authority proposes to carry out its responsibilities.

(3) The Authority may appoint a Director to be the Chief Administrative Officer of the Authority. In addition to any other duties authorized by the Authority, the Director may:

(A) hire and supervise staff and negotiate and execute contracts as authorized by the authority and as necessary to fulfill its responsibilities;

(B) attend meetings of the Authority;

(C) ensure that the minutes and records of the Authority are properly maintained and preserved;

(D) approve all accounts of the Authority, including accounts for salaries, per diems, and allowable expenses of any employee or consultant thereof, and expenses incidental to the operation of the Authority;

(E) prepare an annual report of the actions of the Authority and prepare such other reports as the Authority may request; and

(F) perform such other duties as may be directed by the Authority in the carrying out of the purposes of this chapter.

(4) The Authority may:

(A) adopt and amend bylaws necessary to properly carry out this chapter;

(B) do all things necessary, convenient, or desirable to carry out the purposes of this chapter or the responsibilities imposed or necessarily implied in this chapter;

(C) acquire, construct, reconstruct, purchase, hold, maintain, repair, operate, lease as lessor or lessee, dispose of, and use any real or personal property or any interest in real or personal property necessary, convenient, or desirable to carry out the purpose of this chapter and to sell, transfer, and dispose of any property or interest in real or personal property at any time required by it in the exercise of its powers;

(D) prepare a siting plan for obtaining compliance with the federal Low-Level Radioactive Waste Policy Act;

(E) apply for, accept, receive, and administer gifts, grants, and other funds available from any source;

(F) enter into contracts and agreements with the federal government and its agencies, interstate agencies, local governmental entities, or private entities, as necessary, convenient, or desirable for the authority in the performance of its duties and the execution or carrying out of any of its powers under this chapter;

(G) make, conduct, request, and participate in studies, plans, surveys, investigations, and research relating to selection, preparation, construction, operation, maintenance, closure, and financing of a disposal facility;

(H) obtain necessary insurance;

(I) enforce all contracts and agreements as necessary, convenient, or desirable for the authority;

(J) distribute appropriate impact fees;

(K) set and collect the service fees, and otherwise administer the low-level radioactive waste, as required by section 7013 of this title;

(L) ensure that all waste is properly packaged before being placed in the disposal facility; and

(M) the Authority may refuse to accept at facilities established pursuant to this chapter any low-level radioactive waste from a generator who has failed to follow the reporting requirements established by the Agency under subsection 7020(a) of this title.

(5) The Authority may not prepare a draft license application for any site nor initiate characterization of any site other than the Vermont Yankee site, without legislative approval.

(6) The Authority may acquire real property, or any interest in it (including the right to perform site characterization or other investigatory activities) by eminent domain in accordance with the procedures of 24 V.S.A. §§ 3604 through 3610, except that:

(A) “Necessity” shall mean only 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, but shall, nevertheless, consider the importance of carrying out the purposes of this chapter.

(B) When the right to do a site characterization or other investigatory activity is sought, the “survey” required by those sections need only be a legal description of the property plus a statement of the activities to be conducted.

(C) Nothing contained in those sections shall be construed to prevent the Authority from bringing any proceeding to remove a cloud on title or from acquiring any property by negotiation or purchase.
10 V.S.A. § 6700 — VT Code / Title 10 / Chapter 159 / Section 6700
§ 6700. Rulemaking
Status: in_force

The Secretary may adopt rules to implement the requirements of this subchapter.
10 V.S.A. § 806 — VT Code / Title 10 / Chapter 33 / Section 806
§ 806. Removal of board member
Status: in_force

Any board member may be removed from office by the Council upon notice and hearing for neglect of duty or malfeasance in office but for no other reason. The Council shall replace any board member so removed by a representative from the district of the removed member.
10 V.S.A. § 911 — VT Code / Title 10 / Chapter 37 / Section 911
§ 911. Entrance upon lands; records, maintenance
Status: in_force

The Department employee or agent may enter upon lands for the purposes of inspecting and investigating conditions relating to sources of pollution of the waters of the State or the potential pollution thereof, and to determine whether the rules and orders of the Department are being complied with. Any authorized representative of the Department may examine any records or memoranda pertaining to the operation of disposal systems or related water quality projects. The Department may require the maintenance of records relating to the operation of disposal systems. Copies of these records shall be submitted to the Department on request. (1964, No. 37 (Sp. Sess.), § 7; amended 1981, No. 222 (Adj. Sess.), § 11.)
10 V.S.A. § 6033 — VT Code / Title 10 / Chapter 151 / Section 6033
§ 6033. Regional plan future land use map review
Status: in_force

(a) The Board shall review requests from regional planning commissions to approve or disapprove portions of future land use maps for the purposes of changing jurisdictional thresholds under this chapter by identifying areas on future land use maps for Tier 1B area status and to approve designations pursuant to 24 V.S.A. chapter 139. The Board may produce guidelines for regional planning commissions seeking Tier 1B area status. If requested by the regional planning commission, the Board shall complete this review concurrently with regional plan approval. A municipality may have multiple noncontiguous areas receive Tier 1B area status. A request for Tier 1B area status made by a regional planning commission separate from regional plan approval shall follow the process set forth in 24 V.S.A. § 4348.

(b) The Board shall review the portions of future land use maps that include downtowns or village centers, planned growth areas, and village areas to ensure they meet the requirements under 24 V.S.A. §§ 5803 and 5804 for designation as downtown and village centers and neighborhood areas.

(c) To obtain a Tier 1B area status under this section the regional planning commission shall demonstrate to the Board that the municipalities with Tier 1B areas meet the following requirements as included in subdivision 24 V.S.A. § 4348a(a)(12)(C):

(1) The municipality has requested to have the area mapped for Tier 1B.

(2) The municipality has a duly adopted and approved plan and a planning process that is confirmed in accordance with 24 V.S.A. § 4350.

(3) The municipality has adopted permanent zoning and subdivision bylaws in accordance with 24 V.S.A. §§ 4414, 4418, and 4442.

(4) The area excludes identified flood hazard and fluvial erosion areas, except those areas containing preexisting development in areas suitable for infill development as defined in Section 29-201 of the Vermont Flood Hazard Area and River Corridor Rule unless the municipality has adopted flood hazard and river corridor bylaws applicable to the entire municipality that are consistent with the standards established pursuant to subsection 755(b) of this title (flood hazard) and subsection 1428(b) of this title (river corridor).

(5) The municipality has water supply, wastewater infrastructure, or soils that can accommodate a community system for compact housing development in the area proposed for Tier 1B.

(6) The municipality has municipal staff, municipal officials, or contracted capacity adequate to support development review and zoning administration in the Tier 1B area.
10 V.S.A. § 374e — VT Code / Title 10 / Chapter 16A / Section 374e
§ 374e. Agricultural Credit Development Fund
Status: in_force

The Agricultural Credit Development Fund is created and shall be used by the corporation for the purposes of this chapter. All reasonable administrative expenses of the corporation shall be paid from the Fund. The Fund shall be credited with any appropriations made by the General Assembly, all payments of principal and interest received from loans transferred or assigned to or made by the corporation, any available grants or gifts made to the corporation, the proceeds of any sale, transfer, pledge, mortgage, hypothecation, or other disposition of loans transferred or assigned to the corporation by the Authority and loans made by the corporation pursuant to this chapter, and any funds borrowed by the corporation. Monies in the Fund may, after payment of reasonable administrative expenses and debt service on the indebtedness of the corporation incurred in furtherance of its purposes under this chapter, be loaned by the corporation directly to eligible borrowers, used to purchase or acquire portions of loans made by unrelated third party lenders to eligible borrowers, or to subsidize the payment of interest on the debt of the corporation so as to lower the interest rate on loans made by the corporation to eligible borrowers.
10 V.S.A. § 724 — VT Code / Title 10 / Chapter 31 / Section 724
§ 724. Land-use, erosion control, and natural resources conservation rules; approval
Status: in_force

The supervisors of any district shall have authority to formulate rules, as set forth in this chapter, governing the use of lands within the district in the interest of conserving soil, controlling soil and stream bank erosion, and promoting conservation of natural resources and drainage. The supervisors may conduct such public meetings and public hearings upon rules proposed to be enacted as may be necessary to assist them in this work. The supervisors shall not have authority to enact such land-use rules into ordinances unless a majority of the owners of land lying within the boundaries of the district cast their votes for the approval of the proposed ordinance. The approval of the proposed ordinance by a majority of the votes cast in the referendum shall not be deemed to require the supervisors to enact the proposed ordinance. The rules to be adopted by the supervisors under the provisions of this chapter may include provisions for conserving soil resources, soil and stream bank erosion, water quality improvement, and conservation of natural resources and drainage.
10 V.S.A. § 6266 — VT Code / Title 10 / Chapter 153 / Section 6266
§ 6266. Sale of mobile home park; health and safety compliance
Status: in_force

(a) The State, a political subdivision of the State, or any local governmental entity that has lawfully issued and served on the owner of a mobile home park an order that is based on a finding that the premises of the mobile home park are in violation of any State, or local health, safety, or environmental law or regulation and requires the owner to bring the park into compliance shall record in the land records of any municipality in which the mobile home park is located, the following:

(1) the order;

(2) the health, safety, or environmental laws or regulations that are the basis of the order;

(3) the manner in which the park is in violation; and

(4) the name, address, and telephone number of a person who can provide additional information about the order and the noncompliance of the mobile home park.

(b) An order issued pursuant to subsection (a) of this section shall include the notice to the owner of the mobile home park that the order will be recorded in the land records of any municipality in which the park is located.

(c) If an order has been recorded pursuant to subsection (a) of this section, the issuing authority, after determining that the mobile home park is in compliance with the order, shall record a notice of compliance in any land records in which the order was recorded.

(d) Prior to any transfer of the mobile home park, the owner shall disclose to the transferee the following:

(1) the results of the most recent sanitary survey conducted by the Agency of Natural Resources and all drinking water tests required to be performed on the mobile home park within the previous 36 months;

(2) all State and local governmental permits relating to the operation of the mobile home park, including its water and sewage systems.
10 V.S.A. § 291 — VT Code / Title 10 / Chapter 14A / Section 291
§ 291. Entrepreneurs' Seed Capital Fund; authorization; limitations
Status: in_force

(a) The Vermont Economic Development Authority shall cause to be formed a private investment equity fund to be named “the Entrepreneurs' Seed Capital Fund” or “the Fund” for the purpose of increasing the amount of investment capital provided to new Vermont firms or to existing Vermont firms for the purpose of expansion. The Authority may contract with one or more persons for the operation of the Fund as Fund manager. Such contract shall contain the terms and conditions pursuant to which the Fund shall be managed to meet the Fund's objective of providing seed capital to Vermont firms. The terms of the contract shall require that, if the Fund manager does not meet the investment criteria specified in the contract, the Fund manager may not be awarded the performance fee.

(b) The Fund shall be formed as a limited partnership pursuant to Title 11 and shall be subject to all the following:

(1) The Fund shall not invest in any firm in which any interest in that firm is held by an investor of the Fund or by the spouse, children, or other relative of the investor.

(2) The Fund shall invest at least 40 percent of its total capital in initial investment in firms that had in the 12 months preceding the date of the funding commitment annual gross sales of less than $1,000,000.00 and may reserve the remainder of its capital for follow-on investments in these businesses, as appropriate.

(3)(A) Before the Fund makes any investments, the Fund shall have and maintain a board of five advisors who shall be appointed as follows: two shall be appointed by the Authority, two shall be appointed by the Fund manager, and one shall be appointed jointly by the Authority and the Fund manager.

(B) The appointing authorities shall coordinate their appointments to ensure that the Board comprises advisors with diverse professional and personal backgrounds and experiences.

(C) The Board of Advisors shall represent solely the economic interest of the State with respect to the management of the Fund and shall have no civil liability for the financial performance of the Fund.

(D) The Board of Advisors shall be advised of investments made by the Fund and shall have access to all information held by the Fund with respect to investments made by the Fund.

(4) The Fund, within 120 days after the close of each fiscal year of its operations, shall issue a report that includes an audited financial statement certified by an independent certified public accountant. The report also shall include a compilation of the firm data required by subsection (d) of this section. These data shall be reported in a manner that does not disclose competitive or proprietary information, as determined by the Authority. This report shall be distributed to the Governor and the Senate Committee on Economic Development, Housing and General Affairs and the House Committee on Commerce and Economic Development and made available to the public. The report shall include a discussion of the Fund's impact on the Vermont economy and employment.

(5) The Fund shall not make distributions of more than 75 percent of its net profit to its investors during its first five years of operation.

(6) No person shall be allocated more than 20 percent of the available tax credits. For the purposes of determining allocation, the attribution rules of Section 318 of the Internal Revenue Code in effect as of June 12, 2004 shall apply.

(7) The capitalization of the Fund is not limited under this section; however, only the first $7,150,000.00 raised from Vermont taxpayers on or before January 1, 2020, shall be eligible for partial tax credits as specified in 32 V.S.A. § 5830b.

(8) All investments and related business dealings using funds that qualify for partial tax credits under 32 V.S.A. § 5830b shall be subject to the following restrictions:

(A) The investments shall be restricted to Vermont firms, which for the purposes of this chapter means that their Vermont apportionment equals or exceeds 50 percent, using the apportionment rules under 32 V.S.A. § 5833, and they maintain headquarters and a principal facility in Vermont. Any funds invested in Vermont firms shall be used for the purpose of enhancing their Vermont operations. Investment shall be restricted to firms that export the majority of their products and services outside the State or add substantial value to products and materials within the State. In its investments, the Fund shall give priority to new firms and existing firms that are developing new products, and shall take into consideration any impact on in-state competition and also whether the investment will encourage economic activity that would not occur but for the Fund investment.

(B) Each Fund investment in any one firm, in any 12-month period shall be limited to a maximum of ten percent of the Fund's capitalization and, for the life of the Fund, to a maximum of 20 percent of the Fund's total capitalization.

(C) At least two-thirds of the monies invested by the Fund and qualifying for a tax credit under 32 V.S.A. § 5830b shall at all times be invested in the form of equity or convertible securities unless the Fund manager determines it is reasonable and necessary to pursue temporarily the generally accepted business practice of earning interest on working funds deposited in relatively secure accounts such as savings and money market funds.

(c) Any firm receiving monies from the Fund must report to the Fund manager the following information regarding its activities in the State over the calendar year in which the investment occurred:

(1) The total amount of private investment received.

(2) The total number of persons employed as of December 31.

(3) The total number of jobs created and retained, which also shall indicate for each job the corresponding job classification, hourly wage and benefits, and whether it is part-time or full-time.

(4) Total annual payroll.

(5) Total sales revenue.

(d) The Authority, in consultation with the Fund manager, shall establish reasonable standards and procedures for evaluating potential recipients of Fund monies. The Authority shall make available to the general public a report of all firms that receive Fund investments and also indicate the date of the investment, the amount of the investment, and a description of the firm's intended use of the investment. This report shall be updated at least quarterly.

(e) Information and materials submitted by a business receiving monies from the Fund shall be available to the Auditor of Accounts in connection with the performance of duties under 32 V.S.A. § 163; provided, however, that the Auditor of Accounts shall not disclose, directly or indirectly, to any person any proprietary business information.
10 V.S.A. § 4505 — VT Code / Title 10 / Chapter 109 / Section 4505
§ 4505. Hearing; forfeiture
Status: in_force

The game warden or other officer shall retain possession of firearms, jacks, lights, motor vehicles, and devices taken until final disposition of the charge against the owner, possessor, or person using the same in violation of the provisions of section 4745, 4781, 4783, 4784, 4705(a), 4280, 4747, or 4606 of this title, in accordance with the provisions of section 4503 of this title. When the owner, possessor, or person using firearms, jacks, lights, motor vehicles, and devices in violation of the section is convicted of the offense, the court where the conviction is had shall cause the owner, if known, and possessor and all persons having the custody of or exercising any control over the firearms, jacks, lights, motor vehicles, and devices seized, either as principal, clerk, servant, or agent and the respondent to appear and show cause, if any they have, why a forfeiture or condemnation order should not issue. The hearings may be held as a collateral proceeding to the trial of the respondent in the discretion of the court.
10 V.S.A. § 7581 — VT Code / Title 10 / Chapter 168 / Section 7581
§ 7581. Definitions
Status: in_force

As used in this chapter:

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

(2)(A) “Battery-containing product” means an electronic product that contains primary or rechargeable batteries that are easily removable or is packaged with rechargeable or primary batteries.

(B) A “battery-containing product” does not include an electronic product regulated under an approved plan implemented under chapter 166 of this title.

(C) A “battery-containing product” does not include an electronic product if:

(i) the only batteries contained in or supplied with the battery- containing product are supplied by a producer that has joined a registered battery stewardship organization as the producer for that covered battery; and

(ii) the producer of the covered batteries that are included in a battery-containing product provides a written certification of that membership to both the producer of the battery-containing product containing one or more covered batteries and the battery stewardship organization of which the battery producer is a member.

(3) “Brand” means a name, symbol, word, or traceable mark that identifies a primary or rechargeable battery and attributes the battery to the owner or licensee of the brand as the producer.

(4) “Calendar year” means the period commencing January 1 and ending December 31 of the same year.

(5) “Collection rate” means a percentage by weight that each producer or battery stewardship organization collects by an established date. The collection rate shall be calculated by dividing the total weight of the batteries that are collected during a calendar year by the average annual weight of batteries that were estimated to have been sold in the State by participating producers during the previous three calendar years. Estimates of batteries sold in the State may be based on a reasonable pro rata calculation based on national sales.

(6) “Covered battery” means a primary battery or rechargeable battery.

(7) “Covered entity” means a person who presents to a collection facility or event that is included in an approved collection plan any number of covered batteries.

(8) “Damaged and defective lithium battery” means a lithium battery that has been damaged or is defective for safety reasons or that has the potential of producing a dangerous evolution of heat, fire, or short circuit, as referred to in 49 C.F.R. § 173.185(f) or as updated by the Secretary by rule to maintain consistency with federal standards.

(9) “Easily removable” means the battery is readily detachable from a product by a person without the use of tools or with the use of common household tools.

(10) “Participate” means to appoint a battery stewardship organization to operate on behalf of oneself and to have that appointment accepted by the stewardship organization.

(11) “Primary battery” means a nonrechargeable battery weighing 4.4 pounds or less, including alkaline, silver oxide, zinc air, carbon-zinc, and lithium metal batteries. Beginning on January 1, 2026, “primary battery” includes a nonrechargeable battery weighing more than 4.4 pounds but not more than 25 pounds. “Primary battery” does not mean:

(A) a battery that is not easily removable from a battery-containing product; or

(B) a battery contained within a medical device, as specified in 21 U.S.C. § 321(h) as it existed on July 1, 2024, that is not designed and marketed for sale or resale at retail locations for personal use.

(12) “Battery producer,” “battery-containing product producer,” or “producer” means one of the following with regard to a battery or battery-containing product that is sold or offered for sale in the State:

(A) a person who manufactures a battery or battery-containing product and who sells or offers for sale that battery or battery-containing product in the State under the person's own name or brand;

(B) if subdivision (A) of this subdivision (12) does not apply, a person who owns or licenses a trademark or brand under which a battery or battery-containing product is sold or offered for sale whether or not the trademark is registered; or

(C) if subdivisions (A) and (B) of this subdivision (12) do not apply, a person who imports a battery or battery-containing product into the State for sale.

(13) “Battery stewardship organization” means an organization appointed by one or more producers to act as an agent on behalf of a producer or producers to design, submit, implement, and administer a battery stewardship plan under this chapter.

(14) “Battery stewardship plan” or “plan” means a plan submitted to the Secretary pursuant to section 7584 of this title by an individual producer or a battery stewardship organization.

(15) “Program” or “stewardship program” means the system for the collection, transportation, recycling, and disposal of batteries implemented pursuant to an approved battery stewardship plan.

(16)(A) “Rechargeable battery” means:

(i) one or more voltaic or galvanic cells, electrically connected to produce electric energy and designed to be recharged;

(ii) weighing not more than 25 pounds; or

(iii) having a watt-hour rating of not more than 2,000 watt-hours.

(B) “Rechargeable battery” does not mean:

(i) a battery that is not easily removable from a battery-containing product;

(ii) a battery that contains electrolyte as a free liquid;

(iii) a battery that employs lead-acid technology, unless the battery:

(I) is sealed;

(II) contains no liquid electrolyte; and

(III) weighs not more than 11 pounds;

(iv) a battery recalled by the producer for safety reasons; or

(v) a battery contained within a medical device, as specified in 21 U.S.C. § 321(h) as it existed on July 1, 2024, that is not designed and marketed for sale or resale principally at retail for personal use.

(17) “Recycling” means any process by which discarded products, components, and byproducts are transformed into new usable or marketable materials in a manner in which the original products may lose their identity, but does not include energy recovery or energy generation by means of combusting discarded products, components, and byproducts with or without other waste products.

(18) “Retailer” means a person who offers a covered battery or battery-containing product for sale in the State through any means, including remote offerings such as sales outlets, catalogues, or an internet website.

(19) “Secretary” means the Secretary of Natural Resources.
10 V.S.A. § 854 — VT Code / Title 10 / Chapter 35 / Section 854
§ 854. When only part of landowners to open drain
Status: in_force

When it appears to the selectboard that the owner or occupant of a piece of land is not sufficiently interested in opening the ditch or watercourse to be required to perform or pay for any part thereof, but it appears necessary for the other parties that such ditch or watercourse should be constructed across such land, they may award that the same be done at the expense of such other parties. The parties in whose favor the award is made, may open the ditch or watercourse across such land at their own expense without being trespassers.
10 V.S.A. § 1252 — VT Code / Title 10 / Chapter 47 / Section 1252
§ 1252. Classification of high quality waters; mixing zones
Status: in_force

(a) The State adopts, for the purposes of individually classifying the uses of its high quality waters, the following classes and definitions:

Class A(1): Waters in a natural condition that have significant ecological value;

Class A(2): Waters that are suitable for a public water source with filtration and disinfection or other required treatment; character uniformly excellent.

Class B(1): Waters in which one or more uses are of demonstrably and consistently higher quality than Class B(2) waters; or

Class B(2): Waters that are suitable for swimming and other primary contact recreation; irrigation and agricultural uses; aquatic biota and aquatic habitat; good aesthetic value; boating, fishing, and other recreational uses and suitable for public water source with filtration and disinfection or other required treatment.

(b) The Secretary may establish mixing zones or waste management zones as necessary in the issuance of a permit in accordance with this section and criteria established by rule. Those waters authorized under this chapter, as of July 1, 1992, to receive the direct discharge of wastes that prior to treatment contained organisms pathogenic to human beings are designated waste management zones for those discharges. Those waters that as of July 1, 1992 are Class C waters into which no direct discharge of wastes that prior to treatment contained organisms pathogenic to human beings is authorized, shall become waste management zones for any municipality in which the waters are located that qualifies for a discharge permit under this chapter for those wastes prior to July 1, 1997.

(c) Upon issuance or renewal of any discharge permit, subsequent to July 1, 1992, involving a discharge into a waste management zone created pursuant to subsection (b) of this section, the Secretary shall adjust the size of the waste management zone to the extent necessary to accommodate the authorized discharge.

(d) Prior to the initial authorization of a new waste management zone, except those created pursuant to subsection (b) of this section, or prior to the expansion of the size of an existing zone created under this section, in order to accommodate an increased discharge, the Secretary shall:

(1) Prepare a draft permit which includes a description of the proposed waste management zone and proceed in accordance with subsections 7713(c), (d), and (e) of this title.

(2) Give due consideration to the cumulative impact of overlapping waste management zones.

(3) Determine that the creation or expansion of such a waste management zone is in the public interest after giving due consideration to the factors specified in subdivisions 1253(e)(1) through (10) of this title.

(4) Determine that the creation or expansion of such a zone will not:

(A) create a public health hazard; or

(B) constitute a barrier to the passage or migration of fish or result in an undue adverse effect on fish, aquatic biota, or wildlife; or

(C) interfere with those uses that have actually occurred on or after November 28, 1975, in or on a water body, whether or not the uses are included in the standard for classification of the particular water body; or

(D) be inconsistent with the anti-degradation policy in the water quality standards.

(5) Provide a written explanation with respect to subdivisions (2) through (4) of this subsection.

(e) The Secretary shall adopt standards of water quality to achieve the purposes of the water classifications. Such standards shall be expressed in detailed water quality criteria, taking into account the available data and the effect of these criteria on existing activities, using as appropriate: (1) numerical values, (2) biological parameters; and (3) narrative descriptions. These standards shall establish limits for at least the following: alkalinity, ammonia, chlorine, fecal coliform, color, nitrates, oil and grease, dissolved oxygen, pH, phosphorus, temperature, all toxic substances for which the U.S. Environmental Protection Agency has established criteria values, and any other water quality parameters deemed necessary by the Board.

(f) The Secretary may issue declaratory rulings regarding these standards.

(g) Notwithstanding the provisions of subsection 1259(c) of this title and rules implementing that subsection, the Secretary may issue a discharge permit pursuant to section 1263 of this title, for a municipal discharge of treated municipal waste into Class B waters, if that municipal discharge was established prior to January 1, 1974 and was, as of January 1, 1990, occurring pursuant to authorization contained in an assurance of discontinuance.

(h) A discharge permit issued pursuant to subsection (g) of this section may not authorize an increase in mass pollutant loading beyond that contained in the assurance of discontinuance.
10 V.S.A. § 1175 — VT Code / Title 10 / Chapter 45 / Section 1175
§ 1175. Notification of funds received; tax and economic loss
Status: in_force

(a) The State Treasurer shall notify the Commissioner of Finance and Management when he or she receives funds from either the State of Connecticut or the Commonwealth of Massachusetts, as provided in the Connecticut River Flood Control Compact, sections 1151-1160 of this title, in reimbursement for loss of taxes and for economic losses and damages for any tax year in a town or towns of this State occasioned by ownership therein by the United States of lands, rights or other property in a flood control dam and reservoir.

(b) At the same time the State Treasurer shall transmit to the Secretary of the Agency of Natural Resources the official notification he or she has received from the Connecticut River Valley Flood Control Commission setting forth the tax loss or the economic losses and damages, as determined by the Commission according to the terms of said Compact, or as otherwise determined by the Commission, together with the part of each such loss the State of Connecticut and the Commonwealth of Massachusetts are obligated to pay.

(c) Funds received pursuant to subsection (a) of this section shall be credited to a special fund, established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, from which payments shall be made in accordance with section 1176 of this title.
10 V.S.A. § 374a — VT Code / Title 10 / Chapter 16A / Section 374a
§ 374a. Creation of the Vermont Agricultural Credit Program
Status: in_force

(a) There is created the Vermont Agricultural Credit Program, which will provide an alternative source of sound and constructive credit to farmers and forest products businesses who are not having their credit needs fully met by conventional agricultural credit sources at reasonable rates and terms; or, in the alternative, the granting of the loan shall serve as a substantial inducement for the establishment or expansion of an eligible project within the State. The Program is intended to meet, either in whole or in part, the credit needs of eligible agricultural facilities and farm operations in fulfillment of one or more of the purposes listed in this subsection by making direct loans and participating in loans made by other agricultural credit providers:

(1) to encourage diversification, cooperative farming, and the development of innovative techniques for farming and forest products businesses;

(2) to increase energy efficiency and reduce energy consumption in agricultural facilities, including the construction of water pollution control facilities which implement best management practices for farm waste abatement pursuant to 6 V.S.A. chapter 215;

(3) to encourage innovative and diversified processing, marketing, and distribution of Vermont agricultural products;

(4) to assist beginning farmers to start new farms and new agricultural facilities to commence or strengthen their operations;

(5) to assist or financially strengthen existing farms; and

(6) to refinance loans incurred by eligible borrowers for any of the purposes enumerated in subdivisions (1) through (5) of this subsection.

(b) No borrower shall be approved for a loan from the corporation that would result in the aggregate principal balances outstanding of all loans to that borrower exceeding the then-current maximum Farm Service Agency loan guarantee limits, or $5,000,000.00, whichever is greater.
10 V.S.A. § 821 — VT Code / Title 10 / Chapter 34 / Section 821
§ 821. Definitions
Status: in_force

As used in this chapter:

(1) “Conservation rights and interests” mean rights held by a qualified holder to restrict or condition the use, modification, or subdivision of a land or water area and rights to perform, or require the performance of, specified activities with respect thereto. These rights and interests shall be for the purpose of maintaining, enhancing, and conserving that land or water area, including improvements thereon, predominantly in its natural, scenic, or open condition, or in agricultural, farming, forest, wildlife, or open space use, or for public recreation, or in other use or condition consistent with the purposes set forth in section 6301 of this title.

(2) “Preservation rights and interests” mean rights held by a qualified holder to restrict or condition the use, modification, or subdivision of a structure or site, and rights to perform, or require the performance of, specified activities with respect thereto. Such rights and interests shall be for the purpose of preserving, rehabilitating, or restoring a structure or site having significant historical, architectural, cultural, or archaeological characteristics.

(3) “Qualified holder” and “holder” mean:

(A) a municipality, department, or board of the State of Vermont;

(B) an organization qualifying under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, provided one of the stated purposes of the organization is to acquire property or rights and interests in property in order to preserve historic, agricultural, forestry, or open space resources;

(C) an organization qualifying under Section 501(c)(2) of the Internal Revenue Code of 1986, as amended, provided that organization is controlled exclusively by an organization or organizations described in subdivision (B) of this subdivision (3); and

(D) the United States of America.