10 V.S.A. § 1266b — VT Code / Title 10 / Chapter 47 / Section 1266b
§ 1266b. Application of phosphorus fertilizer
Status: in_force

(a) Definitions. As used in this section:

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

(2) “Fertilizer” shall have the same meaning as in 6 V.S.A. § 363(5).

(3) “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.

(4) “Manipulated animal or vegetable manure” means manure that is ground, pelletized, mechanically dried, supplemented with plant nutrients or substances other than phosphorus or phosphate, or otherwise treated to assist with the use of manure as fertilizer.

(5) “Nitrogen fertilizer” means fertilizer labeled for use on turf in which the nitrogen content consists of less than 15 percent slow-release nitrogen.

(6) “Phosphorus fertilizer” means fertilizer labeled for use on turf in which the available phosphate content is greater than 0.67 percent by weight, except that “phosphorus fertilizer” shall not include compost or manipulated animal or vegetable manure.

(7) “Slow-release nitrogen” means nitrogen in a form that is released over time and that is not water-soluble nitrogen.

(8)(A) “Turf” means land planted in closely mowed, managed grasses, including residential and commercial property and publicly owned land, parks, and recreation areas.

(B) “Turf” shall not include:

(i) pasture, cropland, land used to grow sod, or any other land used for agricultural production; or

(ii) private and public golf courses.

(9) “Water” or “water of the State” means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, and all bodies of surface waters, artificial or natural, that are contained within, flow through, or border upon the State or any portion of it.

(10) “Water-soluble nitrogen” means nitrogen in a water-soluble form that does not have slow-release properties.

(b) Application of phosphorus fertilizer.

(1) No person shall apply phosphorus fertilizer to turf except for:

(A) phosphorus fertilizer necessary for application to turf that is deficient in phosphorus as shown by a soil test performed no more than 18 months before the application of the fertilizer; or

(B) phosphorus fertilizer that is labeled as starter fertilizer and that is intended for application to turf when a property owner or an agent of a property owner is first establishing grass in turf via seed or sod procedures and the application of starter fertilizer is limited to the first growing season.

(2) On or before October 1, 2011, the Secretary of Agriculture, Food and Markets, after consultation with the University of Vermont, shall approve a standard, that may authorize multiple testing methods, for the soil test required under subdivision (1)(A) of this subsection.

(c) Application of nitrogen fertilizer. No person shall apply nitrogen fertilizer to turf.

(d) Application of fertilizer to impervious surface; in proximity to water; and seasonal restriction. No person shall apply any fertilizer:

(1) to an impervious surface. Fertilizer applied or released to an impervious surface shall be immediately collected and returned to a container for legal application. This subdivision shall not apply to activities regulated under the required agricultural practices as those practices are defined by the Secretary of Agriculture, Food and Markets under 6 V.S.A. § 4810;

(2) to turf before April 1 or after October 15 in any calendar year or at any time when the ground is frozen; or

(3) to turf within 25 feet of a water of the State.

(e) Retail display of phosphorus fertilizer. If a retailer sells or offers for sale phosphorus fertilizer to consumers and consumers have direct access to the phosphorus fertilizer, the retailer shall:

(1) In the retail area where phosphorus fertilizer is accessible by a consumer, display nonphosphorus fertilizer separately from phosphorus fertilizer.

(2) Post in the retail location, if any, where phosphorus fertilizer is accessible by the consumer a clearly visible sign that is at least eight and one-half inches by 11 inches in size and that states “Phosphorus runoff poses a threat to water quality. Most Vermont lawns do not benefit from fertilizer containing phosphorus. Under Vermont law, fertilizer containing phosphorus shall not be applied to lawn unless applied to new lawn or lawn that is deficient for phosphorus as indicated by a soil test.”

(f) Violations. A person who knowingly and intentionally violates this section shall be subject to a civil penalty of not more than $500.00 per violation. A violation of this section shall be enforceable in the Judicial Bureau pursuant to the provisions of 4 V.S.A. chapter 29 in an action that may be brought by the Agency of Agriculture, Food and Markets or the Agency of Natural Resources.
10 V.S.A. § 6680 — VT Code / Title 10 / Chapter 159 / Section 6680
§ 6680. Universal waste designation for postconsumer paint
Status: in_force

(a) The requirements of Subchapter 9 of the Vermont Hazardous Waste Management Rules, which allow certain categories of hazardous waste to be managed as universal waste, shall apply to postconsumer paint products until the postconsumer paint is discarded, provided that:

(1) the postconsumer paint product is collected as a part of a stewardship plan approved under this subchapter; and

(2) the collected postconsumer paint product is or includes a paint product that is a hazardous waste as defined and regulated by the Vermont Hazardous Waste Management Rules.

(b) When postconsumer paint product is regulated as universal waste under subsection (a) of this section, small and large quantity handlers of the postconsumer paint shall manage the postconsumer paint products in a manner that prevents releases of any universal waste or component of the universal waste to the environment. Postconsumer paint products regulated as universal waste shall, at a minimum, be contained in one or more of the following:

(1) a container that remains closed, structurally sound, and compatible with the postconsumer paint products and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; or

(2) a container that does not meet the requirements of subdivision (1) of this subsection, provided that the unacceptable container is overpacked in a container that meets the requirements of subdivision (1).

(c) Containers holding postconsumer paint products that are regulated as universal waste shall be clearly labeled to clearly identify the contents of the container, such as “Paint-Related Waste,” “Universal Waste Paint,” “Used Paint,” or “Waste Paint.”

(d) Unless otherwise provided by statute, the definitions of the Vermont Hazardous Waste Management Rules shall apply to this section.
10 V.S.A. § 4749 — VT Code / Title 10 / Chapter 113 / Section 4749
§ 4749. Injured deer, killing
Status: in_force

(a) Any game warden, deputy game warden, sheriff, deputy sheriff, constable, police officer, State Police, or selectboard member may kill a deer that has been so injured that its chance for recovery is remote.

(b) The official by whom such a deer is killed shall forthwith report the same to the Commissioner or a game warden and such deer shall be disposed of as provided in section 4513 of this title.
10 V.S.A. § 7585 — VT Code / Title 10 / Chapter 168 / Section 7585
§ 7585. Annual report; plan audit
Status: in_force

(a) Annual report. Annually, a battery producer or a battery stewardship organization shall submit a report to the Secretary that contains the following:

(1) the weight of covered batteries collected by chemistry by the producer or the battery stewardship organization in the prior calendar year;

(2) the percentage of covered batteries collected in the prior calendar year that are from producers who are not participating in any approved stewardship plan, based on periodic sorting of batteries by the reporting producer;

(3) the collection rate achieved in the prior calendar year under the battery stewardship plan, including a report of the estimated total sales data by weight for covered batteries sold in the State for the previous three calendar years;

(4) the locations for all collection points set up by the battery stewardship plan and contact information for each location;

(5) examples and description of educational materials used to increase collection;

(6) the manner in which the collected covered batteries were managed;

(7) any material change to the battery stewardship plan approved by the Secretary pursuant to section 7586 of this title; and

(8) the cost of implementation of the battery stewardship plan, including the costs of collection, recycling, education, and outreach.

(b) Plan audit. After five years of implementation of an approved battery stewardship plan, a covered battery producer or battery stewardship organization shall hire an independent third party to conduct a one-time audit of the battery stewardship plan and plan operation. The auditor shall examine the effectiveness of the battery stewardship plan in collecting and recycling covered batteries. The independent auditor shall examine the cost-effectiveness of the plan and compare it to that of collection plans or programs for covered batteries in other jurisdictions. The independent auditor shall submit the results of the audit to the Secretary as part of the annual report required under subsection (a) of this section.
10 V.S.A. § 4922 — VT Code / Title 10 / Chapter 113 / Section 4922
§ 4922. Retrieval of covered wild animals
Status: in_force

A person shall not intentionally or knowingly kill a covered wild animal and intentionally or knowingly fail to make a reasonable effort to retrieve the covered wild animal and use the covered wild animal as provided under this subchapter.
10 V.S.A. § 853 — VT Code / Title 10 / Chapter 35 / Section 853
§ 853. Hearings; orders; charges; lien
Status: in_force

On receiving such notice, the selectboard shall notify all the parties interested of the time when it will examine the premises and hear the parties and their witnesses. They shall apportion the ditch or watercourse among the several parties having regard to the interest of each party in the opening thereof, and shall decide what time each party shall have to open his or her share of the ditch or watercourse, and they may order such ditch or watercourse or a part thereof to be covered, or the selectboard may, if it deems it advantageous and with the written consent of three-fourths of the landowners concerned, place one or more contracts covering all or such portions of said ditch or watercourse as it may deem advisable, and allocate costs in proportion to the benefits received by the interested parties. Such charges shall become a first lien on the property after taxes, and shall be paid to the town treasurer at such time as shall be directed by the selectboard. Funds shall be paid out by the town treasurer on order of the selectboard for costs incurred in drainage. When lands affected lie in more than one town, the selectboard of each town shall appoint one of its own number with authority to act jointly with a similarly appointed representative or representatives from the other town or towns to act in determining the necessity of drainage, allocation of costs, entering into contracts, and other powers as set forth herein.
10 V.S.A. § 1384 — VT Code / Title 10 / Chapter 47 / Section 1384
§ 1384. Penalty
Status: in_force

A person who violates a provision of this subchapter shall be fined not more than $2,500.00 for a single violation. In the case of a continuing violation, each day's continuance after notification by a law enforcement officer shall be considered an additional offense for which a person shall be fined not more than $100.00 for each day's offense, in addition to the penalty imposed for a single violation.
10 V.S.A. § 1045 — VT Code / Title 10 / Chapter 41 / Section 1045
§ 1045. Report to General Assembly
Status: in_force

Beginning February 15, 2023 and annually thereafter, the Secretary of Natural Resources, after consultation with the Secretary of Agriculture, Food and Markets, shall submit to the Senate Committees on Agriculture and on Natural Resources and Energy and the House Committees on Agriculture and Forestry and on Natural Resources, Fish, and Wildlife the data submitted to the Secretary pursuant to subsections 1042(a) and (b) of this title, data submitted as part of a permit required under section 1043 of this title, and the data submitted to the Secretary of Agriculture, Food and Markets under 6 V.S.A. § 4927.
10 V.S.A. § 6046 — VT Code / Title 10 / Chapter 151 / Section 6046
§ 6046. Approval of Governor and Legislature
Status: in_force

(a) Upon approval of a Capability and Development or Interim Land Capability Plan by the Board, it shall submit the plan to the Governor for approval. The Governor shall approve the Plan, or disapprove the Plan or any portion of a Plan, within 30 days of receipt. If the Governor fails to act, the plan shall be deemed approved by the Governor. This section shall also apply to any amendment of a Plan.

(b) After approval by the Governor, plans pursuant to section 6042 of this title shall be submitted to the General Assembly when next in session for approval. A Plan shall be considered adopted for the purposes of subdivision 6086(a)(9) of this title when adopted by the act of the General Assembly. No permit shall be issued or denied by a District Commission or Environmental Board that is contrary to or inconsistent with a local plan, capital program, or municipal bylaw governing land use, unless it is shown and specifically found that the proposed use will have a substantial impact or effect on surrounding towns, the region, or an overriding interest of the State and the health, safety, and welfare of the citizens and residents thereof requires otherwise.
10APPENDIX V.S.A. § 14 — VT Code / Title 10APPENDIX / Chapter 1 / Section 14
App. § 14. Posting against hunting, fishing or trapping
Status: in_force

14.1 Pursuant to 10 V.S.A. § 5201(b) the Fish & Wildlife Commissioner specifies that signs prohibiting the taking of fish or wild animals on land posted against such activity by the person or persons having the exclusive hunting, fishing and trapping rights thereto shall:

(a) be not less than 8 1/2″ x 11″;

(b) have lettering and background of contrasting colors;

(c) state that hunting, fishing or trapping or any combination of the three are prohibited or forbidden;

(d) be dated each year;

(e) be erected on or near the boundaries of the posted land or waters, not more than 400 feet apart, and at each corner of the boundaries of posted land;

(f) be annually recorded at the town clerk's office in the town where the posted land or waters is located, on a form provided by the Fish & Wildlife Commissioner, with a copy retained and a copy provided to the Commissioner; and

(g) shall not be considered void if other language is added to the sign that is not covered by section 5201, as long as a reasonable person would understand that hunting, fishing or trapping are prohibited or forbidden.

14.2 Pursuant to 10 V.S.A. § 5201(b), signs restricting the taking of fish or wild animals on land “by permission only” by the person or persons having the exclusive hunting, fishing and trapping rights thereto shall:

(a) be not less than 8 1/2″ x 11″;

(b) have lettering and background of contrasting colors;

(c) state that hunting, fishing, or trapping or any combination of the three is by “permission only”;

(d) be dated each year;

(e) state the landowner's name and a method by which to contact the property owner or person authorized to provide permission to hunt on the property;

(f) be erected on or near the posted land or waters, not more than 400 feet apart and at each corner of the boundaries of posted land;

(g) be annually recorded at the town clerk's office in the town where the posted land or waters are located, on a form provided by the Fish & Wildlife Commissioner, with a copy retained and a copy provided to the Commissioner; and

(h) shall not be considered void if other language is added that is not expressly required by Section 5201, as long as a reasonable person would understand that hunting, fishing or trapping are prohibited or forbidden.

14.3 Pursuant to 10 V.S.A. § 5201(b) signs prohibiting the taking of fish shall also include the date the waters were last stocked, and shall be erected on or near the shores of the waters. To legally post a river or stream against fishing under Section 5201, the numbers of fish stocked must meet or exceed those specified in Section 5202. A stocking affidavit must also be filed with the Fish and Wildlife Commissioner and the town clerk of the town where stocked.
10 V.S.A. § 2646 — VT Code / Title 10 / Chapter 83 / Section 2646
§ 2646. Proclamation by Governor prohibiting kindling of fires: Closing of woodlands
Status: in_force

(a) Whenever it appears to the Governor that there is excessive danger of forest fires, he or she may prohibit by proclamation the kindling of a fire in or adjoining forestland or close any or all sections of woodland, or brushland, in any town for such time as the Governor may designate, to all persons except the owner and his or her household, his or her tenants, servants, or agents and persons in the public employment engaged in abating such fire-hazardous condition.

(b) Proclamations shall be published in such newspapers of the State and posted in such places and in such manner as the Governor may order in writing. A copy of such publication and order, attested by the Secretary of Civil and Military Affairs, shall be filed with the Secretary of State and a like copy shall be furnished to the Commissioner who shall attend to the publication and posting thereof. The expenses of such publication and posting shall be paid by the Department. Notice of removal of restrictions imposed by proclamation shall be in the same manner.
10 V.S.A. § 2751 — VT Code / Title 10 / Chapter 87 / Section 2751
§ 2751. Biomass renewability standards; RES
Status: in_force

(a) Definitions. As used in this section:

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

(2) “Distributed renewable generation” shall have the same meaning as in 30 V.S.A. § 8005.

(3) “Energy transformation project” shall have the same meaning as in 30 V.S.A. § 8002.

(4) “Renewability” means capable of being replaced by natural ecological processes or sound management practices.

(5) “RES” shall have the same meaning as in 30 V.S.A. § 8002.

(b) Rules. The Commissioner shall adopt rules that set renewability standards for forest products used to generate energy by distributed renewable generation and energy transformation projects within the RES. The Commissioner shall design the standards to ensure long-term forest health and sustainability. These standards may include minimum efficiency requirements for wood boilers and requirements for harvesting and procurement. In developing these rules, the Commissioner shall consider differentiating the standards by type of forest product and scale of forest product consumption.
10 V.S.A. § 6696 — VT Code / Title 10 / Chapter 159 / Section 6696
§ 6696. Expanded polystyrene food service products
Status: in_force

(a) A person shall not sell or offer for sale in the State an expanded polystyrene food service product.

(b) A store or food service establishment shall not sell or provide food or beverages in an expanded polystyrene food service product.

(c) This section shall not prohibit a person from storing or packaging a food or beverage in an expanded polystyrene food service product for distribution out of State.
10 V.S.A. § 448 — VT Code / Title 10 / Chapter 20 / Section 448
§ 448. Landowner liability
Status: in_force

No public or private owner of land that is a part of the Vermont trails system shall be liable for any property damage or personal injury sustained by any person using these trails unless the public or private owner intentionally inflicts the damage or injury.
10 V.S.A. § 577 — VT Code / Title 10 / Chapter 23 / Section 577
§ 577. Prohibition on addition of gasoline ethers to fuel products
Status: in_force

(a) Effective January 1, 2007, no person shall knowingly sell at retail in this State, sell for use in this State, or store in an underground or aboveground storage tank in this State any fuel product that contains a gasoline ether in a quantity greater than one-half of one percent per volume unless authorized under subsection (c) of this section. Nothing in this subsection shall be interpreted to prohibit the transshipment of a fuel product containing a gasoline ether in a quantity greater than one-half of one percent per volume through the State for disposition outside the State. Transshipment does not include the storage of a fuel product coincident to shipment.

(b) As used in this section:

(1) “Ether” means an organic compound formed by the treatment of an alcohol with a dehydrating agent resulting in two organic radicals joined by an oxygen atom.

(2) “Fuel product” means gasoline, reformulated gasoline, benzene, benzol, diesel fuel, kerosene, or any other volatile and inflammable liquid that is produced, compounded, offered for sale, or used to generate power in an internal combustion engine.

(3) “Gasoline ether” means any ether added to a fuel product, including methyl tertiary butyl ether (MTBE), tertiary amyl methyl ether (TAME), di-isopropyl ether (DIPE), and ethyl butyl ether (ETBE). “Gasoline ether” shall not include prepackaged goods intended for retail use, including starting fluid and octane booster.

(4) “Motor vehicle” means all vehicles propelled or drawn by power other than muscular power, except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road-making appliances, snowmobiles, motorcycles, all-terrain vehicles, tracked vehicles, or electric personal assistive mobility devices.

(5) “Race” means a race or contest on an oval track permitted under 26 V.S.A. § 4802 involving a motor vehicle at which prizes or other consideration is awarded to participants or admission is charged to spectators. However, this subdivision shall not apply to sports car events as that term is defined in 26 V.S.A. § 4801.

(c) A fuel product used by a motor vehicle in a race may contain a gasoline ether and may be sold at retail or sold at wholesale for use in a race in the State, provided that it is sold in prepackaged drums, pails, or containers.
10 V.S.A. § 7558 — VT Code / Title 10 / Chapter 166 / Section 7558
§ 7558. Collector and transporter program responsibility
Status: in_force

(a) Collector and transporter registration.

(1) Beginning July 1, 2011, no person may operate as a collector or transporter of electronic waste unless that person has submitted a registration with the Agency of Natural Resources on a form prescribed by the Agency. A registration is effective upon receipt by the Agency and is valid for a period not to exceed five years. An electronics collector or transporter registered under this section shall not be required to obtain a solid waste certification or a solid waste hauler permit pursuant to chapter 159 of this title.

(2) A registration shall be amended within 10 days after a change to any information included in the registration submitted by the collector under this section.

(3) Beginning August 1, 2012, a collector of electronic waste shall report by August 1 and annually thereafter to the Agency of Natural Resources on a form provided by the Agency the type of electronic waste collected, the total weight of electronic waste recycled during the preceding program year, and whether electronic waste was collected under the Standard Plan or an approved individual plan.

(b) Transporter reporting requirements. Beginning August 1, 2012, a transporter of electronic waste not destined for recycling in Vermont shall report annually by August 1 to the Agency of Natural Resources the total pounds of electronic waste collected and whether electronic waste was collected under the Standard Plan or an approved individual plan.
10 V.S.A. § 4782 — VT Code / Title 10 / Chapter 113 / Section 4782
§ 4782. Possession in cold storage of big game
Status: in_force

Any part of the carcass of big game legally taken may be possessed at any time in cans or in a cold storage locker or home freezer.
10 V.S.A. § 7561 — VT Code / Title 10 / Chapter 166 / Section 7561
§ 7561. Other recycling programs
Status: in_force

A municipality or other public agency may not require covered entities to use public facilities to recycle their electronic waste to the exclusion of other lawful programs available. A municipality and other public agencies are encouraged to work with manufacturers to assist them in meeting their recycling obligations under this chapter. Nothing in this chapter prohibits or restricts the operation of any program recycling electronic waste in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or recycling electronic waste, provided that those persons are registered as required under this chapter.
10 V.S.A. § 6692 — VT Code / Title 10 / Chapter 159 / Section 6692
§ 6692. Single-use plastic carryout bags; prohibition
Status: in_force

A store or food service establishment shall not provide a single-use plastic carryout bag to a customer.
10APPENDIX V.S.A. § 108 — VT Code / Title 10APPENDIX / Chapter 2 / Section 108
App. § 108. Shooting pickerel
Status: in_force

A person holding a hunting or combination license may take pickerel by shooting, during the season provided therefor and in waters designated by section 122 of these regulations.
10 V.S.A. § 7159 — VT Code / Title 10 / Chapter 164A / Section 7159
§ 7159. Mercury content standards
Status: in_force

(a) Mercury content standards for lamps. Beginning January 1, 2013, a mercury-containing lamp sold in this State shall satisfy the mercury-content standard for lamps set by California.

(b) Rulemaking; implementation. The Agency of Natural Resources may adopt rules to implement the requirements of this chapter, including exemptions from the mercury content standards established under subsection (a) of this section.

(c) Certificate of compliance.

(1) Beginning April 1, 2013, the Secretary may request a manufacturer of a lamp or lamps to submit a certification, supported by technical information, that the manufacturer's lamp or lamps that are sold or offered for sale in the State comply with the standard established under subsection (a) of this section. A manufacturer shall submit a certificate of compliance within 30 days of the Secretary's request. If a manufacturer fails to provide a requested certification within 30 days of the request, the manufacturer shall be prohibited from selling lamps or offering lamps for sale in the State.

(2) Upon request of a retailer or other person selling a manufacturer's lamps, a manufacturer shall provide a certification that the manufacturer's lamp or lamps comply with the standard established under subsection (a) of this section. A manufacturer shall provide a certificate of compliance within 30 days of the retailer's request. The certification must specify that the lamp or lamps are not prohibited from sale in the State. If a manufacturer fails to provide a certification under this subdivision (c)(2), the manufacturer shall be prohibited from selling lamps or offering lamps for sale in the State.
10 V.S.A. § 1331 — VT Code / Title 10 / Chapter 47 / Section 1331
§ 1331. Preamble
Status: in_force

Whereas, the growth of population and the development of the territory of the New England states has resulted in serious pollution of certain interstate streams, ponds and lakes, and of tidal waters ebbing and flowing past the boundaries of two or more states; and

Whereas, such pollution constitutes a menace to the health, welfare and economic prosperity of the people living in such area; and

Whereas, the abatement of existing pollution and the control of future pollution in the interstate waters of the New England area are of prime importance to the people and can best be accomplished through the cooperation of the New England states in the establishment of an interstate agency to work with the states in the field of pollution abatement;

Now, therefore, The states of Connecticut and Rhode Island and the Commonwealth of Massachusetts (the states of Maine, New Hampshire and Vermont when authorized and do join herein) are now bound and do agree as follows:
10 V.S.A. § 711 — VT Code / Title 10 / Chapter 31 / Section 711
§ 711. Determination of need; boundaries of proposed district
Status: in_force

(a) After hearing thereon, if the Council shall determine that there is need, in the interest of the public health, safety, and welfare for a district, it shall make and record such determination, and shall define the boundaries of such districts by metes and bounds.

(b) In making such determination and in defining such boundaries, the Council shall give due weight and consideration to the topography of the area considered and of the State, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions, and to other natural resources conservation districts already organized or proposed for organization under the provisions of this chapter, and such other physical, geographical, and economic factors as are relevant. The territory to be included within such boundaries need not be contiguous.

(c) If the Council shall determine after such hearing that there is no need for a natural resources conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After six months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed and new hearings held and determinations made thereon.
10 V.S.A. § 643 — VT Code / Title 10 / Chapter 25 / Section 643
§ 643. Inconsistent provisions in other laws superseded
Status: in_force

Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, general, special, or local, the provisions of this chapter shall be controlling.
10 V.S.A. § 1272 — VT Code / Title 10 / Chapter 47 / Section 1272
§ 1272. Regulation of activities causing discharge or affecting significant wetlands
Status: in_force

If the Secretary finds that any person's action, or an activity, results in the construction, installation, operation, or maintenance of any facility or condition that reasonably can be expected to create or cause a discharge to waters in violation of this subchapter, or to violate the Secretary's rules under section 905b of this title relating to significant wetlands, the Secretary may issue an order establishing reasonable and proper methods and procedures for the control of that activity and the management of substances used therein that cause discharges or violations of the Secretary's rules with respect to significant wetlands in order to reduce or eliminate those discharges and rule violations with respect to significant wetlands.
10 V.S.A. § 237 — VT Code / Title 10 / Chapter 12 / Section 237
§ 237. Issuing of loans for industrial park planning and development projects
Status: in_force

Before issuing any loan under this subchapter for industrial park planning and development, and the purchase of land in connection therewith, the Authority shall determine and incorporate in its minutes the findings that:

(1) The proposed industrial park is on adequate land owned or to be owned by the local development corporation or leased by the local development corporation on terms satisfactory to the Authority.

(2) An adequate access road from a public highway is provided to the proposed site, and utilities, including water, sewer, and power facilities, are available or will be available for any future tenant located in the park.

(3) The total industrial park will be planned by architects and engineers acceptable to the Authority.

(4) No more than 80 percent of the fair market value of the industrial park, as shown by appraisal by an appraiser acceptable to the Authority, is to be financed under the loan.

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

(6) The park project complies with all applicable environmental, zoning, planning and sanitary laws and regulations of the municipality in which it is to be located and of the State of Vermont.

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

(8) Evidence has been presented demonstrating the feasibility of the site as a location for industry, and additional evidence has been presented that an adequate supply of labor is available within the labor market area to serve an industry located on the site.

(9) The park project will be without unreasonable risk of loss to the Authority, and the local development corporation is unable to secure on reasonable terms the funds required for the project without the assistance of the Authority. Such findings when adopted by the Authority shall be conclusive.
10 V.S.A. § 1571 — VT Code / Title 10 / Chapter 55 / Section 1571
§ 1571. Definitions
Status: repealed

As used in this chapter:

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

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

(3) [Repealed.]

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

(5) “Municipality” means a municipality as defined in 1 V.S.A. § 126.

(6) “Water pollution abatement and control facilities” means such equipment, conveyances, and structural or nonstructural facilities owned or operated by a municipality that are needed for and appurtenant to the prevention, management, treatment, storage, or disposal of stormwater, sewage, or waste, including a wastewater treatment facility, combined sewer separation facilities, an indirect discharge system, a wastewater system, flood resiliency work related to a structural facility, or a groundwater protection project.

(7) [Repealed.]

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

(9) [Repealed.]

(10) “Designated center” means a downtown development district, village center, new town center, growth center, Vermont neighborhood, or neighborhood development area designated under 24 V.S.A. chapter 76A.

(11) “Sewage” shall have the same meaning as used in 24 V.S.A. § 3501.

(12) “Stormwater” shall have the same meaning as stormwater runoff in section 1264 of this title.

(13) “Waste” shall have the same meaning as used in section 1251 of this title.
10 V.S.A. § 5209 — VT Code / Title 10 / Chapter 119 / Section 5209
§ 5209. Special penalty
Status: in_force

A breeder selling game procured from lands other than lands covered by a license under section 5207 of this title, or who violates a provision of this part or a regulation issued under the provisions of sections 5207 and 5208 of this title, shall be fined not more than $100.00 and in addition thereto shall be punished as provided for such particular violation.
10 V.S.A. § 5204 — VT Code / Title 10 / Chapter 119 / Section 5204
§ 5204. Poaching; private preserves
Status: in_force

(a) A person who, without the written consent of the owner or person having the exclusive right to take fish or wild animals, takes fish, game, or other animals or carries or possesses a firearm, bow and arrow, or wild animal trap in private preserve as posted under section 5201 of this title or mutilates or defaces the notice called for in subsection 5201(b) of this title shall be fined not less than $25.00 nor more than $100.00.

(b) The owner or person in control of such private preserve may recover the actual damages sustained by him or her in a civil action on this statute.
10 V.S.A. § 4660 — VT Code / Title 10 / Chapter 112 / Section 4660
§ 4660. Absence of representation-Article IX
Status: in_force

Continued absence of representation or of any representative on the Commission from any party hereto shall be brought to the attention of the governor thereof.
10 V.S.A. § 7586 — VT Code / Title 10 / Chapter 168 / Section 7586
§ 7586. Agency responsibilities; approval of plans
Status: repealed

(a) Approval of plan. Within 90 days after receipt of a proposed battery stewardship plan, not including the time required for public comment under chapter 170 of this title, the Secretary shall determine whether the plan complies with the requirements of section 7584 of this title. If the Secretary determines that a plan complies with the requirements of section 7584 of this title, the Secretary shall notify the applicant of the plan approval in writing. If the Secretary rejects a battery stewardship plan, the Secretary shall notify the applicant in writing of the reasons for rejecting the plan. An applicant whose plan is rejected by the Secretary shall submit a revised plan to the Secretary within 45 days following receiving notice of rejection. A battery stewardship plan that is not approved or rejected by the Secretary within 90 days, not including the time required for public comment under chapter 170 of this title, following submission by a producer shall be deemed approved.

(b) Plan amendment; changes. Any changes to a proposed battery stewardship plan shall be approved by the Secretary in writing. The Secretary, in the Secretary's discretion or at the request of a producer, may require a producer or a battery stewardship organization to amend an approved plan.

(c) Public review. When the Secretary receives a request to approve or amend a battery stewardship plan under this subchapter, the Secretary shall proceed in accordance with chapter 170 of this title.

(d) [Repealed.]

(e) Registrations. The Secretary shall accept, review, and approve or deny battery stewardship organization registrations submitted under section 7583 of this title.

(f) Agency website. The Secretary shall maintain a website that includes a copy of all approved battery stewardship plans, the names of producers with approved plans, participation in approved plans, or other compliance with this chapter. The website shall list all of an approved primary battery producer's, rechargeable battery producer's, and battery-containing product producer's brands covered by a battery stewardship plan filed with the Secretary. The Secretary shall update information on the website within 10 days following receipt of notice of any change to the listed information. The website shall list all known primary battery producers, rechargeable battery producers, and battery-containing product producers exempt from the requirements of this chapter under subsection 7582(c) of this title.

(g) Term of battery stewardship plan. A battery stewardship plan approved by the Secretary under this section shall have a term not to exceed five years, provided that the battery producer or battery stewardship organization remains in compliance with the requirements of this chapter and the terms of the approved plan.
10 V.S.A. § 661 — VT Code / Title 10 / Chapter 27 / Section 661
§ 661. Travel promotion matching fund program
Status: in_force

There is established a travel promotion matching fund program to serve the following purposes:

(1) to allow the State of Vermont to provide part of the funds necessary for a travel promotion chamber or association to conduct promotional programs on a statewide or regional basis in order to increase the volume of nonresident visitation to the State or a particular region within the State;

(2) to strengthen and further encourage regional and statewide promotion by the private sector;

(3) to strengthen the State image by coordinating the promotional efforts of the private sector and the Vermont Department of Tourism and Marketing of the Agency of Commerce and Community Development.
10 V.S.A. § 5004 — VT Code / Title 10 / Chapter 115 / Section 5004
§ 5004. Retriever field trials; fee
Status: in_force

The Commissioner may issue permits which shall authorize a holder or authorized designee to take all of the birds released by the holder of the permit or designee on the day the trial is in progress. Persons seeking a permit shall submit an application to the Commissioner as prescribed by the Commissioner, and shall pay a fee of $50.00.
10 V.S.A. § 6092 — VT Code / Title 10 / Chapter 151 / Section 6092
§ 6092. Construction
Status: in_force

In the event that the federal government preempts part of the activity regulated by this chapter, this chapter shall be construed to regulate activity that has not been preempted.
10 V.S.A. § 7114 — VT Code / Title 10 / Chapter 164 / Section 7114
§ 7114. Mercury planning
Status: in_force

(a) The Agency shall develop a plan and identify the necessary resources to accomplish the plan that would provide the necessary data to answer the following questions concerning mercury contamination of fish:

(1) Are fish contaminant levels changing with time and in response to management actions?

(2) Is there a baseline water-column concentration of mercury above which risks to humans and wildlife from mercury become unacceptable?

(b) The plan shall be developed in collaboration among the Departments of Environmental Conservation, of Fish and Wildlife, and of Health and be submitted to the General Assembly not later than January 15, 2006.
10 V.S.A. § 634 — VT Code / Title 10 / Chapter 25 / Section 634
§ 634. Refunding obligations - Sale
Status: in_force

Refunding obligations issued as provided in section 633 of this title may be sold or exchanged for outstanding obligations issued under this chapter and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption, or payment of such outstanding obligations. Pending the application of the proceeds of any refunding obligations, with any other available funds, to the payment of the principal, accrued interest, and any redemption premium on the obligations being refunded, and, if so provided or permitted in the resolution authorizing the issuance of such refunding obligations or in the trust agreement securing them to the payment of any interest on such refunding obligations and any expenses in connection with such refunding, such proceeds may be invested in direct obligations of, or obligations the principal of and the interest on that are unconditionally guaranteed by the United States of America that shall mature or that shall be subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.
10 V.S.A. § 7 — VT Code / Title 10 / Chapter 1 / Section 7
§ 7. Economic development; assistance and incentives benchmark reports
Status: in_force

(a) For purposes of this section, “economic development assistance recipient” means any business entity, including a for-profit corporation, a nonprofit corporation, a partnership, or a sole proprietorship that receives economic development assistance from State funds administered by a governmental agency, from State funds administered by a private entity, or from federal funds administered by the State, whether such assistance is in the form of a grant, a loan, a State tax abatement, a tax credit, a tax increment financing program, or such other form of economic development assistance or incentive as the Secretary of Commerce and Community Development may identify by rule.

(b) Each economic development recipient shall state, on a form approved by the agency granting assistance, or awarding a tax credit or abatement, or approving any other form of economic development assistance, the number of new jobs that will be created or existing jobs that will be retained as a result of such assistance, the wages and employee benefits associated with such jobs, and a description of any other public benefits associated with such economic development assistance. Such statement shall be made prior to any such grant, award, or approval. Such statements and the information contained therein shall not be available for public inspection until 90 days after the granting of assistance, or the awarding of a tax credit or abatement, or the approving any other form of economic development assistance or incentive. After the expiration of such 90-day period such statements and information shall not be considered confidential, and may be inspected and copied pursuant to 1 V.S.A. chapter 5, subchapter 3 (public records law), notwithstanding the provisions of any other law.

(c) Each economic development recipient shall report annually, in a manner and on a form prescribed by the Commissioner of Economic Development, the amount or monetary value of economic assistance or incentive granted, awarded or approved, and such information as is necessary to determine whether the recipient has reached its job creation or other public benefit goals stated pursuant to subsection (b) of this section.

(d) The Commissioner of Economic Development shall adopt such rules as are necessary to carry out the purposes of this section.
10 V.S.A. § 6307 — VT Code / Title 10 / Chapter 155 / Section 6307
§ 6307. Enforcement
Status: in_force

(a) Injunction. In any case where rights and interests in real property are held by a municipality, State agency, or qualified organization under the authority of this chapter, the legislative body of the municipality, the State agency, or the qualified organization may institute injunction proceedings to enforce the rights of the municipality, State agency, or qualified organization, in accordance with the provisions of this chapter, and may take all other proceedings as are available to an owner of real property under the laws of this State to protect and conserve its right or interest.

(b) Liquidated damages. Any contract or deed establishing or relating to the sale or transfer of rights or interests in real property under the authority of this chapter may provide for specified liquidated damages, actual damages, costs, and reasonable attorney's fees in the event of a violation of the rights of the municipality, State agency, or qualified organization under the municipality or State agency.

(c) Conservation rights. The holder of conservation rights and interests may seek injunctive relief and damages against any person who damages the holder's rights and interests, irrespective of whether the owner of the land is a party to the proceeding. This subsection shall not affect any right of the owner of the land to join or intervene in any proceeding.
10 V.S.A. § 1193 — VT Code / Title 10 / Chapter 45 / Section 1193
§ 1193. Connecticut River Watershed Advisory Commission established
Status: in_force

(a) A Connecticut River Watershed Advisory Commission is established to develop ways to cooperate, and to initiate and encourage interstate cooperation and coordination with and between the appropriate officers of the State of Vermont and the State of New Hampshire to achieve the purpose of this subchapter. In a manner consistent with New Hampshire law, the Advisory Commission may designate citizens from Vermont municipalities bordering the Connecticut River to serve on, or coordinate with, local river management advisory groups established pursuant to New Hampshire law.

(b) The Advisory Commission shall consist of 15 members: the Secretary of Natural Resources; one member selected by each of the five regional planning commissions bordering the Connecticut River and nine at-large members appointed by the Governor who shall be residents of the Connecticut River watershed. The at-large members may include persons who are members of the General Assembly and shall include others who represent diverse interests such as forestry, tourism, fishing, boating, and land preservation and historic preservation. One or more members shall be actively farming land they own bordering the Connecticut River or its tributaries.

(c) The Secretary of Natural Resources shall promptly convene the first meeting of the Advisory Commission at which time a chairperson will be elected by the members. The chairperson shall serve for one year or until his or her successor is elected.

(d) A majority of the members of the Commission shall constitute a quorum.

(e) Members shall be entitled to compensation in accordance with the provisions of 32 V.S.A. § 1010.

(f) In the event of a vacancy occurring in the membership of the Commission, the vacancy shall be filled in the same manner as the original appointment.
10 V.S.A. § 4406 — VT Code / Title 10 / Chapter 107 / Section 4406
§ 4406. Violation of closed season; penalty
Status: in_force

During the time which shall be made a closed season as provided in section 4401 or 4402 of this title, the several provisions of law relating to closed seasons shall be in force and a person violating a provision thereof shall be subjected to the penalty provided for taking fish and wild animals in closed season.
10 V.S.A. § 6604c — VT Code / Title 10 / Chapter 159 / Section 6604c
§ 6604c. Management of development soils
Status: repealed

(a) Management of development soils. Notwithstanding any other requirements of this chapter to the contrary, development soils may be managed at a location permitted pursuant to an insignificant waste event approval authorization issued pursuant to the Solid Waste Management Rules that contains, at a minimum, the following:

(1) the development soils are generated from a hazardous materials site managed pursuant to a corrective action plan or a soil management plan approved by the Secretary;

(2) the development soils have been tested for arsenic, lead, and polyaromatic hydrocarbons pursuant to a monitoring plan approved by the Secretary that ensures that the soils do not leach above groundwater enforcement standards;

(3) the location where the soils are managed is appropriate for the amount and type of material being managed;

(4) the soils are capped in a manner approved by the Secretary;

(5) any activity that may disturb the development soils at the permitted location shall be conducted pursuant to a soil management plan approved by the Secretary; and

(6) the permittee files a record notice of where the soils are managed in the land records.

(b), (c) [Repealed.]

(d) On or before July 1, 2017, the Secretary shall adopt rules that allow for the management of excavated soils requiring disposal that contain PAHs, arsenic, or lead in a manner that ensures protection of human health and the environment and promotes Vermont's traditional settlement patterns in compact village or city centers. At a minimum, the rules shall:

(1) include statewide or regional background concentration levels for PAHs, arsenic, and lead that are representative of typical soil concentrations and found throughout existing development areas;

(2) specify that development soils with concentration levels equal to or lower than the background concentration levels established by the Secretary shall not be defined as or required to be treated as solid waste;

(3) include criteria for determining site-specific maximum development soil concentration levels for PAHs, arsenic, and lead;

(4) in addition to disposal at a certified waste facility, adopt a process for the management or disposal of development soils that have concentration levels that exceed residential soil screening levels, but are below the site-specific maximum development soils concentration levels;

(5) adopt a process to preapprove sites to receive development soils from multiple developments; and

(6) be designed to provide that the criteria established under subdivision (3) of this subsection and the process developed under subdivision (4) of this subsection shall be no less protective of human health and the environment than the standard for development soils and the process established under subsection (b) of this section.

(e) At any time, the Secretary may adopt by rule background and maximum concentration levels for other potentially hazardous material in soils such that the development soils containing these other materials would be categorized and treated according to the rules adopted by the Secretary under subsection (d) of this section.
10 V.S.A. § 6624 — VT Code / Title 10 / Chapter 159 / Section 6624
§ 6624. Definitions
Status: in_force

For purposes of this subchapter, in addition to the provisions of section 6602 of this title, the following definitions apply:

(1) “Class A generator” means a generator who generates 1,000 kg (2,200 lbs) or more of hazardous waste in one calendar month.

(2) “Class B generator” means a generator who generates more than 100 kg (220 lbs) but less than 1,000 kg (2,200 lbs) of hazardous waste in one calendar month and generates more than 1,200 kg (2,640 lbs) of hazardous waste in one calendar year.

(3) “Exempt small quantity generator” means a generator, as defined by 40 CFR § 261.5, who generates less than 100 kg (220 lbs) of hazardous waste or who generates less than 1 kg (2.2 lbs) of acute hazardous waste in one calendar month.

(4) “Large user” means a facility with 10 or more full-time employees that is in the Standard Industrial Classification (SIC) Code required by the Secretary to report and that:

(A) Manufactures, processes, or otherwise uses, exclusive of sales or distribution, more than 4,545.5 kg (10,000 lbs) of a toxic substance per year; or

(B) Manufactures, processes, or otherwise uses, exclusive of sales or distribution, more than 454.4 kg (1,000 lbs) but less than 4,545.5 kg (10,000 lbs) of a toxic substance per year if that substance accounts for more than 10 percent of the total of toxic substances used at the facility during the year.

(5)(A) “Hazardous waste reduction” means any recycling or other activity applied after hazardous waste is generated that is consistent with the general goal of reducing present and future threats to public health, safety, and the environment. Reduction may be proportionate to the increase or decrease in production or other business changes. The recycling or other activity shall result in:

(i) the reduction of total volume or quantity of hazardous waste generated that would otherwise be treated, stored, or disposed of; or

(ii) the reduction of toxicity of hazardous waste that would otherwise be treated, stored, or disposed of; or

(iii) both the reduction of total volume or quantity and the reduction of toxicity of hazardous waste.

(B) “Hazardous waste reduction” shall not:

(i) result in the significant transfer of hazardous constituents from one environmental medium to another;

(ii) include concentrating waste solely for the purposes of reducing volume;

(iii) use dilution as a means of reducing toxicity; or

(iv) include incineration.

(C) “Hazardous waste reduction” may include on-site and off-site treatment where it can be shown that such treatment confers a higher degree of protection of the public health, safety, and the environment than other technically and economically practicable waste reduction alternatives.

(6) “Risk reduction” means a reduction in volume or toxicity, or both, of a hazardous or toxic substance by a method that does not merely shift the risk to another environmental medium, or create a new environmental risk to human health or the environment.

(7) “Toxic substance” or “toxics” mean any substance in a gaseous, liquid, or solid state listed pursuant to Title III, Section 313 of the Superfund Amendments and Reauthorization Act of 1986. This list of substances may be altered as specified in subsection 6625(d) of this title. “Toxic substance” or “toxics” does not include constituents of fuels used to provide energy, unless those fuels include hazardous wastes from a generator's process.

(8)(A) “Toxics use reduction” means in-plant changes in production or other processes or operations, products, or raw materials that reduce, avoid, or eliminate the use or production of toxic substances or raw materials that result in generation of hazardous wastes, without creating substantial new risks to public health, safety, and the environment, through the application of any of the following techniques:

(i) input substitution, meaning to replace a toxic substance, or a raw material that results in the generation of hazardous waste, used in a production or other process or operation with a nontoxic or less toxic substance;

(ii) product reformulation, meaning to modify an existing end product in order to reduce toxic substance inputs or raw materials that result in the generation of hazardous wastes;

(iii) production or other process or operation redesign or modifications;

(iv) production or other process or operation modernization, including upgrading or replacing existing equipment and methods with other equipment and methods;

(v) improved operation and maintenance controls of production or other process or operation equipment and methods, by modifying or adding to existing equipment or methods including techniques such as improved housekeeping practices, system adjustments, product and process inspections or production or other process or operation control equipment or methods; or

(vi) recycling, reuse, or extended use of toxics or raw materials that result in the generation of hazardous waste, by using equipment or methods that become an integral part of the production or other process or operation of concern, including filtration and other methods.

(B) “Toxics use reduction” includes proportionate changes in the usage of a particular toxic substance, or a raw material that results in the generation of hazardous waste, by any of the methods set forth in subdivision (8)(A) of this section as the usage of that toxic substance or raw material changes as a result of production changes or other business changes.

(9) “Toxics use” means use or production of a toxic substance, exclusive of sales or distribution.
10 V.S.A. § 640 — VT Code / Title 10 / Chapter 25 / Section 640
§ 640. Authorization to accept appropriated monies
Status: in_force

The Agency is authorized to accept and expend such monies as may be appropriated or approved from time to time by the General Assembly for effectuating its corporate purposes including the payment of the initial expenses of administration and operation and the establishment of reserves or contingency funds to be available for the payment of the principal of and the interest on any bonds, notes, or other obligations of the Agency.
10 V.S.A. § 752 — VT Code / Title 10 / Chapter 32 / Section 752
§ 752. Definitions
Status: in_force

As used in this chapter:

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

(2) “Development,” for the purposes of flood hazard area management and regulation, has the same meaning as “development” under 44 C.F.R. § 59.1.

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

(4) “Flood proofing” shall have the same meaning as “flood proofing” under 44 C.F.R. § 59.1.

(5) “Floodway” shall have the same meaning as “regulatory floodway” under 44 C.F.R. § 59.1.

(6) “Legislative body” means the selectboard, trustees, mayor, city council, and alderboard of a municipality.

(7) “Municipality” means any town, city, or incorporated village.

(8) “Development exempt from municipal regulation” means development that is exempt from municipal land use regulation under 24 V.S.A. chapter 117.

(9) “National Flood Insurance Program” means the National Flood Insurance Program under 42 U.S.C. chapter 50 and implementing federal regulations in 44 C.F.R. parts 59 and 60.

(10) “Regional planning commission” means the regional planning commission of which a municipality is a member or would be a member based upon its location.

(11) “River corridor” means the land area adjacent to a river that is required to accommodate the dimensions, slope, planform, and buffer of the naturally stable channel and that is necessary for the natural maintenance or natural restoration of a dynamic equilibrium condition, as that term is defined in section 1422 of this title, and for minimization of fluvial erosion hazards, as delineated by the Agency of Natural Resources in accordance with river corridor protection procedures.

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

(13) “Existing settlement” has the same meaning as in section 6001 of this title.

(14) “Mapped river corridor” means a river corridor drawn and adopted by the Secretary of Natural Resources as part of the statewide River Corridor Base Map Layer in accordance with the Flood Hazard Area and River Corridor Protection Procedure for rivers and streams with a watershed area greater than two square miles.
10 V.S.A. § 6024 — VT Code / Title 10 / Chapter 151 / Section 6024
§ 6024. Intragovernmental cooperation
Status: in_force

Other departments and agencies of State government shall cooperate with the Board and make available to it data, facilities, and personnel as may be needed to assist the Board in carrying out its duties and functions. There shall be established a regular schedule of project review that shall assure that all affected departments and agencies recognize and pursue their respective responsibilities. State employees whose job is to assist applicants in the permitting process established under this chapter shall endeavor to assist all applicants regardless of the size and value of the projects involved.
10 V.S.A. § 261 — VT Code / Title 10 / Chapter 12 / Section 261
§ 261. Additional powers
Status: in_force

In addition to powers enumerated elsewhere in this chapter, the Authority may:

(1) Make loans secured by mortgages or other assets, which may be subordinate to one or more prior mortgages or liens, upon application by the proposed obligor, who may be a private corporation, nonprofit organization, partnership, person, or municipality financing an eligible project described in subdivision 212(6) of this title, upon such terms as the Authority may prescribe, for the purpose of financing the establishment or expansion of eligible facilities. Such loans shall be made from the Vermont Jobs Fund established under this chapter. The Authority may provide for the repayment and redeposit of such loans as provided in this subchapter.

(2) Take title by foreclosure to any eligible facility where such acquisition is necessary to protect any loan previously made by the Authority; pay all costs arising out of such foreclosure and acquisition from monies held in the Vermont Jobs Fund; and sell, transfer, and convey any such eligible facility to any responsible buyer. If the sale, transfer, and conveyance cannot be effected with reasonable promptness, the Authority may, in order to minimize financial losses and sustain employment, lease the eligible facility to a responsible tenant or tenants.

(3) Purchase prior secured loans and make payments on prior secured loans on any eligible facility where the purchase or payment is necessary to protect any loan previously made by the Authority. In addition, the Authority may sell, transfer, convey, and assign any such prior mortgage or security. Monies used by the Authority in the purchase of any prior mortgage or security, or any payments thereon, shall be withdrawn from the Vermont Jobs Fund, and any monies derived from the sale of any prior mortgage or security shall be deposited by the Authority in the Vermont Jobs Fund.

(4) Purchase and own personal property for the purpose of leasing such personal property under financing leases, which leases transfer the ownership of leased personal property to each lessee following the payment of all required lease payments as specified in each lease agreement.

(5) Execute lease agreements pursuant to subdivision (4) of this section.

(6) Provide loans and assistance under this subchapter for the planning, development, or improvement of an industrial park or an eligible project within an industrial park.
10 V.S.A. § 489 — VT Code / Title 10 / Chapter 21 / Section 489
§ 489. Eligibility for official business directional signs
Status: in_force

(a) Lawful businesses and points of interest and cultural, educational, and religious facilities are eligible for official business directional signs, subject to the provisions of this chapter and to rules and regulations promulgated by the Travel Information Council, and subject further to any federal law, rule, or regulation affecting the allocation of federal highway funds or other funds to or for the benefit of this State or any agency or subdivision thereof of the State.

(b) Notwithstanding any provision of this chapter, brown-and-white official business directional signs as requested by the local byways organization may be allowed for the purpose of directing travelers to interpretive information sites along officially designated State and federal byways only. An official business directional sign authorized under this subsection shall be located on the same State-designated byway as the interpretive information site to which the sign directs attention.
10 V.S.A. § 7590 — VT Code / Title 10 / Chapter 168 / Section 7590
§ 7590. Reimbursement process
Status: in_force

(a) Reimbursement request.

(1) A battery producer or battery stewardship organization that incurs reimbursable costs under section 7589 of this title shall submit a request to the producer of the collected battery or the battery stewardship organization in which the producer is participating for the collected covered battery.

(2) A producer or battery stewardship organization that receives a request for reimbursement may, prior to payment and within 30 days following receipt of the request for reimbursement, request an independent audit of submitted reimbursement costs.

(3) The independent auditor shall be responsible for verifying the reasonableness of the reimbursement request, including the costs sought for reimbursement, the amount of reimbursement, and the reimbursable costs assessed by each of the two programs.

(4) If the independent audit confirms the reasonableness of the reimbursement request, the producer or battery stewardship organization, requesting the audit shall pay the cost of the audit and the amount of the reimbursement calculated by the independent auditor. If the independent audit indicates the reimbursement request was not reasonable, the producer or battery stewardship organization that initiated the reimbursement request shall pay the cost of the audit and the amount of the reimbursement calculated by the independent auditor.

(b) Role of Agency. The Agency shall not be required to provide assistance or otherwise participate in a reimbursement request, audit, or other action under this section, unless subject to subpoena before a court of jurisdiction
10 V.S.A. § 4908 — VT Code / Title 10 / Chapter 113 / Section 4908
§ 4908. Youth turkey hunting weekend
Status: in_force

(a) The Saturday and Sunday prior to opening day of spring turkey season shall be youth turkey hunting weekend.

(b) A person who is age 15 or under on the weekend of the hunt, who has successfully completed a hunter safety course, may take one wild turkey during youth turkey hunting weekend in accordance with the rules of the Board. In order to hunt under this section, a young person shall also hold valid hunting and turkey licenses under section 4255 of this title, hold a youth turkey hunting tag, and be accompanied by an unarmed adult who holds a valid Vermont hunting license and is over 18 years of age. An adult accompanying a youth under this section shall accompany no more than two young people at one time.

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

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

(e) For the purposes of this section, “accompany,” “accompanied,” or “accompanying” means direct control and supervision, including the ability to see and communicate with the youth hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses. While hunting, an individual who holds a valid hunting license under subsection 4254(b) of this title shall accompany no more than two youth hunters at a time.
10 V.S.A. § 2642 — VT Code / Title 10 / Chapter 83 / Section 2642
§ 2642. Salary and compensation of town forest fire wardens
Status: repealed

(a) The salary of a town forest fire warden shall be determined by the selectboard members for time spent in the performance of the duties of his or her office, which shall be paid by the town. In addition thereto, he or she shall receive from the Commissioner $30.00 annually for fulfilling the requirements of section 2645 of this title and keeping the required State records. He or she shall also receive from the Commissioner $30.00 per diem for attendance at each training required by the Commissioner. He or she shall also receive annually an amount of $10.00 for each fire report that is submitted by the forest fire warden under section 2644 of this title.

(b), (c) [Repealed.]
10 V.S.A. § 8502 — VT Code / Title 10 / Chapter 220 / Section 8502
§ 8502. Definitions
Status: in_force

As used in this chapter:

(1) “District Commission” means a District Environmental Commission established under chapter 151 of this title.

(2) “District coordinator” means a district environmental coordinator attached to a District Commission established under chapter 151 of this title.

(3) “Environmental Court” or “Environmental Division” means the Environmental Division of the Superior Court established by 4 V.S.A. § 30.

(4) “Land Use Review Board” or “Board” means the Board established under chapter 151 of this title.

(5) “Party by right” means the following:

(A) the applicant;

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

(C) the municipality in which the project site is located and the municipal and regional planning commissions for that municipality;

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

(E) the solid waste management district in which the land is located, if the development or subdivision constitutes a facility pursuant to subdivision 6602(10) of this title;

(F) any State agency affected by the proposed project.

(6) “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.

(7) “Person aggrieved” means a person who alleges an injury to a particularized interest protected by the provisions of law listed in section 8503 of this title, attributable to an act or decision by a district coordinator, District Commission, the Secretary, or the Environmental Division that can be redressed by the Environmental Division or the Supreme Court.

(8) “Secretary” means the Secretary of Natural Resources or the Secretary's duly authorized representative. As used in this chapter, “Secretary” shall also mean the Commissioner of Environmental Conservation, the Commissioner of Forests, Parks and Recreation, and the Commissioner of Fish and Wildlife, with respect to those statutes that refer to the authority of that commissioner or department.
10 V.S.A. § 3 — VT Code / Title 10 / Chapter 1 / Section 3
§ 3. Economic development; principles; review and assessment
Status: repealed

(a) For purposes of the Vermont Statutes Annotated and State economic development programs and assistance, “economic development” means the process of generating economic wealth and vitality, security, and opportunity for all Vermonters.

(b) There are established the following four interrelated principles for future economic development in Vermont:

(1) Vermont's businesses, educators, nongovernmental organizations, and government form a collaborative partnership that results in a highly skilled multigenerational workforce to support and enhance business vitality and individual prosperity.

(2) Vermont invests in its digital, physical, and human infrastructure as the foundation for all economic development.

(3) Vermont State government takes advantage of its small scale to create nimble, efficient, and effective policies and regulations that support business growth and the economic prosperity of all Vermonters.

(4) Vermont leverages its brand and scale to encourage a diverse economy that reflects and capitalizes on our rural character, entrepreneurial people, and reputation for environmental quality.

(c) The four principles shall be used to guide the design and implementation of each economic development program, policy, or initiative that is sponsored or financially supported by the State, its subdivisions, agencies, authorities, or private partners.

(d) [Repealed.]
10 V.S.A. § 915 — VT Code / Title 10 / Chapter 37 / Section 915
§ 915. Class I wetlands
Status: in_force

The classification of any wetland as a Class I wetland, the reclassification of a Class I wetland as a Class II or III wetland, the reclassification of any Class II or III wetland as a Class I wetland, or the modification of the buffer zone of a Class I wetland shall be made by the Department pursuant to the rulemaking provisions of 3 V.S.A. chapter 25.
10 V.S.A. § 280f — VT Code / Title 10 / Chapter 12 / Section 280f
§ 280f. Applicability of general provisions
Status: in_force

The definitions under section 212 of this chapter shall not apply to this subchapter.
10 V.S.A. § 7594 — VT Code / Title 10 / Chapter 168 / Section 7594
§ 7594. Administrative fee
Status: in_force

(a) Fees assessed. A battery producer or battery stewardship organization shall pay a fee of $15,000.00 annually for operation under a battery stewardship plan approved by the Secretary under section 7586 of this title.

(b) Disposition of fees. The fees collected under subsection (a) of this section shall be deposited in the Environmental Permit Fund under 3 V.S.A. § 2805.
10 V.S.A. § 1931 — VT Code / Title 10 / Chapter 59 / Section 1931
§ 1931. Inspections; right of entry; information
Status: in_force

For the purposes of developing or enforcing any rule, regulation, standard, permit, or order authorized by this chapter, the Secretary, or the Secretary's authorized representative, may request and any permittee or owner or operator shall conduct monitoring or testing of tanks, associated equipment, contents, or surrounding soils, air, surface water, or groundwater and shall furnish information relating to tanks, associated equipment, and tank contents, and any duly authorized representative of the Secretary may upon presentation of appropriate credentials at any reasonable time:

(1) enter any property where underground storage tanks are located;

(2) inspect and obtain samples;

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

(4) conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water, or groundwater;

(5) conduct corrective action;

(6) upon refusal of entry by a permittee or owner or operator for inspection, sampling, monitoring or testing, corrective action, or copying pursuant to this section, the Secretary or the duly authorized representative may apply for and obtain an entry order or subpoena, or both, to allow such entry, inspection, sampling, monitoring or testing, corrective action, or copying from the District or Superior Court in whose jurisdiction the property is located. An entry order or subpoena, or both, shall issue upon a showing that:

(A) there is probable cause to believe an underground storage tank is located on the property;

(B) entry onto the property has been requested; and

(C) entry has been denied.
10 V.S.A. § 217 — VT Code / Title 10 / Chapter 12 / Section 217
§ 217. Records; annual report; audit
Status: in_force

(a) The Authority shall keep an accurate account of all its activities and of all its receipts and expenditures.

(b) Prior to February 1 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 filed with the State Treasurer. 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.

(c) 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.

(d) At such time as the Authority has exhausted all rights and remedies to enforce the terms of a financing document or mortgage serving as security for a loan, the identity of the borrower and the outstanding principal balance of the loan shall become a public record.
10 V.S.A. § 10 — VT Code / Title 10 / Chapter 1 / Section 10
§ 10. Vermont State Treasurer; credit facility for local investments
Status: in_force

(a) Notwithstanding any provision of 32 V.S.A. § 433(a) to the contrary, the Vermont State Treasurer shall have the authority to establish a credit facility of up to 10 percent of the State's average cash balance on terms acceptable to the Treasurer and consistent with prudent investment principles and guidelines pursuant to 32 V.S.A. § 433(b)–(c) and the Uniform Prudent Investor Act, 14A V.S.A. chapter 9.

(b) The Treasurer may use amounts available under subsection (a) of this section to provide financing for infrastructure projects in Vermont mobile home parks and may modify the terms of such financing in the Treasurer's discretion as is necessary to promote the availability of mobile home park housing and to protect the interests of the State.

(c) Notwithstanding any provision of 32 V.S.A. § 433(a) to the contrary, and in addition to the provisions of subsection (a) on this section, the Vermont State Treasurer shall have the authority to establish a credit facility of up to two and one-half percent of the State's average cash balance on terms acceptable to the Treasurer and consistent with prudent investment principles and guidelines pursuant to 32 V.S.A. § 433(b)–(c) and the Uniform Prudent Investor Act, 14A V.S.A. chapter 9. The Treasurer may use amounts available under this subsection only to provide financing for climate infrastructure and resilience projects and may modify the terms of such financing in the Treasurer's discretion as is necessary to protect the interest of the State.

(d) Annually, on or before November 15, the Treasurer shall submit a report detailing the activities, financing, and accounting of any credit facilities created pursuant to subsection (c) of this section during the preceding calendar year to the Governor; the House Committees on Appropriations, on Commerce and Economic Development, and on Ways and Means; and the Senate Committees on Appropriations, on Economic Development, Housing and General Affairs, and on Finance.
10 V.S.A. § 4453 — VT Code / Title 10 / Chapter 108 / Section 4453
§ 4453. Rulemaking
Status: in_force

The Department of Fish and Wildlife may adopt rules to carry out the purposes of this chapter.
10 V.S.A. § 7559 — VT Code / Title 10 / Chapter 166 / Section 7559
§ 7559. Agency of Natural Resources responsibilities
Status: repealed

The Agency of Natural Resources shall:

(1) Adopt and administer the Standard Plan required under section 7552 of this title.

(2) Establish procedures for:

(A) the registration and certifications required under this chapter; and

(B) making the registrations and certifications required under this chapter easily available to manufacturers, retailers, and members of the public.

(3) Collect the data submitted under this chapter.

(4) Annually review data submitted under this chapter to determine whether any of the variables in the statewide recycling goal should be changed. The Agency shall submit recommended changes to the Senate Committee on Natural Resources and Energy and the House Committee on Environment.

(5) [Repealed.]

(6) Maintain a website that includes the names of manufacturers with current, valid registrations; the manufacturers' brands listed in registrations filed with the Agency. The Agency shall update the website information within 10 days of receipt of a complete registration.

(7) In consultation with interested parties, establish guidelines for the environmentally sound management of consumer electronics, including specific requirements for collectors, transporters, and recyclers.

(8) Identify approved transporters, collectors, and recyclers.
10 V.S.A. § 314 — VT Code / Title 10 / Chapter 15 / Section 314
§ 314. Affordable housing bond; investment
Status: repealed

[Section 314 repealed on July 1, 2039.]

The Vermont Housing and Conservation Board shall use the proceeds of bonds, notes, and other obligations issued by the Vermont Housing Finance Agency pursuant to subdivision 621(22) of this title and transferred to the Vermont Housing and Conservation Trust Fund to fund the creation and improvement of owner-occupied and rental housing for Vermonters with very low to middle income, in areas targeted for growth and reinvestment, as follows:

(1) not less than 25 percent of the housing shall be targeted to Vermonters with very low income, meaning households with income below 50 percent of area median income;

(2) not less than 25 percent of the housing shall be targeted to Vermonters with moderate income, meaning households with income between 80 and 120 percent of area median income; and

(3) the remaining housing shall be targeted to Vermonters with income that is less than or equal to 120 percent of area median income, consistent with the provisions of this chapter.
10 V.S.A. § 1268 — VT Code / Title 10 / Chapter 47 / Section 1268
§ 1268. Emergency permits
Status: in_force

When a discharge permit holder finds that pollution abatement facilities require repairs, replacement, or other corrective action in order for them to continue to meet standards specified in the permit, the holder may apply in the manner specified by the Secretary for an emergency pollution permit for a term sufficient to effect repairs, replacements, or other corrective action. The Secretary shall proceed in accordance with chapter 170 of this title. No emergency pollution permit shall be issued unless the applicant certifies and the Secretary finds that:

(1) there is no present, reasonable alternative means of disposing of the waste other than by discharging it into the waters of the State during the limited period of time of the emergency;

(2) the denial of an emergency pollution permit would work an extreme hardship upon the applicant;

(3) the granting of an emergency pollution permit will result in some public benefit;

(4) the discharge will not be unreasonably harmful to the quality of the receiving waters; and

(5) the cause or reason for the emergency is not due to willful or intended acts or omissions of the applicant.
10 V.S.A. § 6108 — VT Code / Title 10 / Chapter 151 / Section 6108
§ 6108. Payment of fees
Status: in_force

(a) An applicant shall pay a transportation impact fee assessed under this subchapter to the Agency, except that a District Commission may direct an applicant to pay a transportation impact fee to a municipality if the impacts of the applicant's development or subdivision are limited to municipal highways and rights-of-way or other municipal transportation facilities.

(b) A municipality receiving a transportation impact fee under this subchapter shall place the fee into a separate account, with balances in the account carried forward from year to year and remaining within the account. Interest earned by the account shall be deposited into the account. The municipality shall provide to the voters an annual accounting of each fee received under this subchapter showing the source, the amount of each fee received, and each project that was funded or will be funded with the fee.
10 V.S.A. § 1526 — VT Code / Title 10 / Chapter 53 / Section 1526
§ 1526. Educational program
Status: in_force

(a) State informational material such as travel pamphlets, road maps, and similar publications submitted for printing on or after July 1, 1975 shall bear information relating to this chapter. This information shall take the form of a standard public statement relating to the deposit law provided by the Secretary.

(b) The Agency of Education may incorporate information on this chapter in educational material which it normally distributes to primary and secondary educational institutions within the State. The Agency may cooperate with the Agency of Natural Resources in distributing any additional informative material on this chapter to schools in the State.
10 V.S.A. § 4613 — VT Code / Title 10 / Chapter 111 / Section 4613
§ 4613. Fishing tournaments
Status: in_force

(a) No person or organization shall hold a fishing tournament on the waters of the State without first obtaining a permit from the Department of Fish and Wildlife. Tournaments held on the Connecticut River, excluding Moore and Comerford Reservoirs, that do not utilize an access area in Vermont are not required to obtain a permit from the Department of Fish and Wildlife.

(b) A fishing tournament means a contest in which anglers pay a fee to enter and in which the entrants compete for a prize based on the quality or size of the fish they catch. A contest may run multiple days, but the days must be consecutive for that contest to be considered a single event. A tournament that limits the entrants to people below 15 years of age or a tournament held as part of a Special Olympics program shall be exempt from paying the fee required under subsection (d) of this section.

(c) The Commissioner shall adopt rules that establish the procedure for implementation of this section. The rules shall include a provision that an angler may not enter a fish that was caught and confined to an enclosed area prior to the beginning of the tournament.

(d) The Commissioner shall charge a fee based on the number of participants for each permit issued under this section and shall deposit the fee collected into the Fish and Wildlife Fund. Tournaments with up to 25 participants shall pay a fee of $10.00; tournaments with 26 to 50 participants shall pay a fee of $30.00; and tournaments with more than 50 participants shall pay a fee of $100.00.
10 V.S.A. § 485a — VT Code / Title 10 / Chapter 21 / Section 485a
§ 485a. Connecticut River valley tourism district
Status: in_force

There is created the Connecticut River valley tourism district consisting of all towns bordering on the Connecticut River.
10 V.S.A. § 682 — VT Code / Title 10 / Chapter 29 / Section 682
§ 682. Intent and purpose
Status: in_force

(a) It is the intent of this subchapter to provide for the State administration of the federal community development block grant program as is authorized by Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. § 5301 et seq.), hereinafter called the “Federal Act,” so as to meet the objectives and requirements of that title.

(b) The purpose of this subchapter is to meet the State goal and objectives so that the most effective projects in the neediest areas are funded.

(1) The goal is to improve and maintain the economic and physical environment in Vermont's municipalities so as to enhance the quality of life for all Vermonters, particularly those of lower incomes.

(2) The objectives are to conserve, expand, and improve housing; to create and retain employment; and to improve public facilities in support of housing or economic development activities, or where there is a threat to the public health and safety.
10 V.S.A. § 325a — VT Code / Title 10 / Chapter 15 / Section 325a
§ 325a. Conservation easement review appraisals
Status: in_force

The Vermont Housing and Conservation Board shall ensure on a periodic basis that review appraisals are conducted of conservation easements proposed to be acquired pursuant to this chapter.
10 V.S.A. § 1373 — VT Code / Title 10 / Chapter 47 / Section 1373
§ 1373. Appropriation
Status: in_force

The sum of $1,150.00 annually, or so much thereof as may be necessary, is hereby appropriated for the purpose of carrying out the provisions of the New England Interstate Water Pollution Control Compact relating to the payment by the State to the New England Interstate Water Pollution Control Commission of the proportionate share of the State in the expenses of such Commission.
10 V.S.A. § 700 — VT Code / Title 10 / Chapter 29 / Section 700
§ 700. Vermont Manufactured Home Improvement and Repair Program
Status: in_force

(a) There is created within the Department of Housing and Community Development the Manufactured Home Improvement and Repair Program. The Department shall design and implement the Program to award funding to statewide or regional nonprofit housing organizations, or both, to provide financial assistance or awards to manufactured homeowners and manufactured home park owners to improve existing homes, incentivize new slab placement for prospective homeowners, and incentivize park improvements for infill of more homes.

(b) The following projects are eligible for funding through the Program:

(1) The Department may award up to $20,000.00 to owners of manufactured housing communities to complete small-scale capital needs to help infill vacant lots with homes, including disposal of abandoned homes, lot grading and preparation, the siting and upgrading of electrical boxes, enhancing E-911 safety issues, transporting homes out of flood zones, and improving individual septic systems. Costs awarded under this subdivision may also cover legal fees and marketing to help make it easier for home-seekers to find vacant lots around the State.

(2) The Department may award funding to manufactured homeowners for which the home is their primary residence to address habitability and accessibility issues to bring the home into compliance with safe living conditions.

(3) The Department may award up to $15,000.00 per grant to a homeowner to pay for a foundation or federal Department of Housing and Urban Development-approved slab, site preparation, skirting, tie-downs, and utility connections on vacant lots within a manufactured home community.

(c) The Department may adopt rules, policies, and guidelines to aid in enacting the Program.
10 V.S.A. § 6672 — VT Code / Title 10 / Chapter 159 / Section 6672
§ 6672. Definitions
Status: in_force

As used in this subchapter:

(1) “Aerosol coating product” means a pressurized coating product containing pigments or resins dispensed by means of a propellant and packaged and sold in a disposable aerosol container for handheld application, or for use in specialized equipment for ground traffic or marking applications.

(2) “Architectural paint” means interior and exterior architectural coatings, including interior or exterior water- and oil-based coatings, primers, sealers, or wood coatings, that are sold in containers of five gallons or less. “Architectural paint” does not mean industrial coatings, original equipment coatings, or specialty coatings.

(3) “Coating-related product” means a product used as a paint additive, paint thinner, paint colorant, paint remover, surface sealant, surface preparation, or surface adhesive, and sold for home improvement. “Coating-related product” does not mean original equipment manufacturer products or industrial products.

(4) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell paint to retailers in Vermont.

(5) “Energy recovery” means recovery in which all or a part of the solid waste materials are processed in order to use the heat content or other forms of energy of or from the material.

(6) “Environmentally sound management practices” means policies to be implemented by a producer or a stewardship organization to ensure compliance with all applicable laws and also addressing such issues as adequate record keeping, tracking and documenting the fate of materials within the State and beyond, and adequate environmental liability coverage for professional services and for the operations of the contractors working on behalf of the producer organization.

(7) “Municipality” means a city, town, or a village.

(8) “Nonindustrial coating” means arts and crafts paint, automotive refinish paint, driveway sealer, faux finish or glaze, furniture oil, furniture paint, lime wash, lime paint, marine paint, antifouling paint, road and traffic marking paint, two-component paint, wood preservative, fire retardant paint, dry fog paint, chalkboard paint, and conductive paint, sold in containers of five gallons or less for commercial and homeowner use, but does not include coatings purchased for industrial or original equipment manufacturer use.

(9)(A) “Paint product” includes:

(i) architectural paint;

(ii) aerosol coating products;

(iii) coating-related products; and

(iv) nonindustrial coatings.

(B) “Paint product” does not include a health and beauty product.

(10) “Postconsumer paint” means a paint product and its containers not used and no longer wanted by a purchaser.

(11) “Producer” means a manufacturer of paint products who sells, offers for sale, or distributes that paint in Vermont under the producer's own name or brand.

(12) “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.

(13) “Retailer” means any person that offers a paint product for sale at retail in Vermont.

(14) “Reuse” means the return of a product into the economic stream for use in the same kind of application as originally intended, without a change in the product's identity.

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

(16) “Sell” or “sale” means any transfer of title for consideration, including remote sales conducted through sales outlets, catalogues, or the internet or any other similar electronic means.

(17) “Stewardship organization” means a nonprofit corporation or nonprofit organization created by a producer or group of producers to implement the Paint Product Stewardship Program required under this subchapter.
10 V.S.A. § 602 — VT Code / Title 10 / Chapter 25 / Section 602
§ 602. Statutory purposes
Status: in_force

The statutory purpose of the exemption for the Vermont Housing Finance Agency in subsection 641(a) of this title is to provide and promote affordable housing.
10 V.S.A. § 6087 — VT Code / Title 10 / Chapter 151 / Section 6087
§ 6087. Denial of application
Status: in_force

(a) No application shall be denied by the District Commission unless it finds the proposed subdivision or development detrimental to the public health, safety, or general welfare.

(b) A permit may not be denied solely for the reasons set forth in subdivisions 6086(a)(5), (6), and (7) of this title. However, reasonable conditions and requirements allowable in subsection 6086(c) of this title may be attached to alleviate the burdens created.

(c) A denial of a permit shall contain the specific reasons for denial. A person may, within six months, apply for reconsideration of his or her permit which application shall include an affidavit to the District Commission and all parties of record that the deficiencies have been corrected. The District Commission shall hold a new hearing upon 25 days' notice to the parties. The hearing shall be held within 40 days of receipt of the request for reconsideration.
10 V.S.A. § 1105 — VT Code / Title 10 / Chapter 43 / Section 1105
§ 1105. Inspection of dams
Status: in_force

(a) Inspection; schedule. All nonfederal dams in the State shall be inspected according to a schedule adopted by rule by the Department.

(b) Dam inspection. A nonfederal dam in the State shall be inspected under one or both of the following methods:

(1) The Department may employ an engineer to make periodic inspections of nonfederal dams in the State to determine their condition and the extent, if any, to which they pose a possible or probable threat to life and property.

(2) The Department shall adopt rules pursuant to 3 V.S.A. chapter 25 to require an adequate level of inspection by an independent engineer.

(c) Dam safety reports. If a dam inspection report is completed by the Department, the Department shall provide the person owning legal title to the dam or the owner of the land on which the dam is located with a copy of the inspection report and shall make all inspection reports available on the Department website for public review. For dams owned by the State, the Department shall provide the inspection report to the designated point of contact for the dam at the State entity owning the dam and make the information available to the public on the Department website.

(d) Notice of unsafe State dam. Notwithstanding the timing for submission of a dam safety report under subsection (c) of this section, if the Department determines that a State dam is unsafe and in need of repair or removal, the Department shall immediately notify the designated point of contact of the State entity that owns the dam and make this information available to the public on the Department website.
10 V.S.A. § 5105 — VT Code / Title 10 / Chapter 117 / Section 5105
§ 5105. Conditions precedent to acceptance for transportation
Status: in_force

A person required to have a license, as provided in section 4251 of this title, who takes fish or wild animals under such a license, if he or she places such fish or wild animals in the custody of a person acting as a common carrier, shall exhibit to such person such license and thereupon such person shall permit the transportation of such fish and wild animals as follows but not otherwise: a resident combination or hunting license, of as many wild animals as the holder may lawfully take in one season; a resident combination or fishing license, of as much fish as the holder thereof may lawfully take in two days; a nonresident combination license, of as much fish and as many wild animals as the holder thereof may lawfully take in one legal day; a nonresident fishing license, of as much fish as the holder thereof may lawfully take in one legal day; a nonresident hunting license, of as many wild animals as the holder thereof may lawfully take in one legal day.
10 V.S.A. § 7109 — VT Code / Title 10 / Chapter 164 / Section 7109
§ 7109. Mercury in schools
Status: in_force

After July 1, 2006, no school in Vermont may use, or purchase for use, in a primary or secondary nonvocational education program, any of the following: elemental mercury, chemicals containing mercury or mercury compounds, or mercury-added measuring devices. Other mercury-added products that are used by schools are not subject to this prohibition. No person shall bring elemental mercury onto the premises or into the buildings of schools located in Vermont, including child care facilities, preschools, kindergartens, and primary and secondary schools.
10 V.S.A. § 1451 — VT Code / Title 10 / Chapter 50 / Section 1451
§ 1451. Findings
Status: in_force

The General Assembly finds that:

(1) It is the policy of the State of Vermont that the water resources of the State shall be protected, regulated, and where necessary controlled under the authority of the State in the public interest to promote the general welfare and to protect public health and the environment.

(2) It is the policy of the State of Vermont to prevent the infestation and proliferation of invasive species in the State that result in negative environmental impacts, including habitat loss and a reduction in native biodiversity along with adverse social and economic impacts and impacts to the public health and safety.

(3) The Agency of Agriculture, Food and Markets and the Department of Forests, Parks and Recreation have established an informal working group to address invasive and noxious weeds, but additional authority is necessary for the Agency of Natural Resources to adequately respond to invasive aquatic nuisance species.

(4) The ability to initiate quickly a response to contain and control a new aquatic species introduction before it can spread is critical to reduce future management costs and protect the integrity of Vermont's ecosystems.

(5) Infestations of new aquatic species must be detected early and acted upon swiftly to minimize economic, social, and ecological impacts as well as to increase the probability of a successful eradication effort.
10 V.S.A. § 582 — VT Code / Title 10 / Chapter 23 / Section 582
§ 582. Greenhouse gas inventories; registry
Status: in_force

(a) Inventory and forecasting. The Secretary shall work, in conjunction with other states or a regional consortium, to establish a periodic and consistent inventory of greenhouse gas emissions. The Secretary shall publish the Vermont Greenhouse Gas Emission Inventory and Forecast by not later than June 1, 2010, and updates shall be published annually until 2028, until a regional or national inventory and registry program is established in which Vermont participates, or until the federal National Emissions Inventory includes mandatory greenhouse gas reporting. The Secretary of Natural Resources shall include a supplemental accounting in the Vermont Greenhouse Gas Emissions Inventory and Forecast that measures the upstream and lifecycle greenhouse gas emissions of liquid, gaseous, solid geologic and biogenic fuels combusted in Vermont.

(b) Inventory updates. To develop the Inventory under this section, the Secretary, in coordination with the Secretaries of Administration, of Transportation, of Agriculture, Food and Markets, and of Commerce and Community Development, and the Commissioner of Public Service, shall aggregate all existing statewide data on greenhouse gas emissions currently reported to State or federal entities, existing statewide data on greenhouse gas sinks, and otherwise publicly available data. Greenhouse gas emissions data that is more than 36 months old shall be updated either by statistical methods or seeking updated information from the reporting agency or department. The information shall be standardized to reflect the emissions in tons per CO2 equivalent, shall be set out in the inventory by sources or sectors such as agriculture, manufacturing, automobile emissions, heating, and electricity production, shall be compatible with the inventory included with the Governor's Commission on Climate Change final report and shall include, the following sources:

(1) information collected for reporting in the National Emissions Inventory, which includes air toxics, criteria pollutants, mobile sources, point sources, and area sources;

(2) in-state electricity production using RGGI and State permit information;

(3) vehicle miles traveled and vehicle registration data; and

(4) agricultural activities, including livestock and crop practices.

(c) Forecast. The Secretary shall use best efforts to forecast statewide emissions for a five- and ten-year period based on the inventory data and other publicly available information.

(d) Registry. The Secretary shall work, in conjunction with other states or a regional consortium, to establish a regional or national greenhouse gas registry.

(1) Any registry in which Vermont participates shall be designed to apply to the entire State and to as large a geographic area beyond State boundaries as is possible.

(2) It shall accommodate as broad an array of sectors, sources, facilities, and approaches as is possible, and shall allow sources to start as far back in time as is permitted by good data, affirmed by third-party verification.

(e) Rules. The Secretary may adopt rules to implement the provisions of this section and shall review existing and proposed international, federal, and State greenhouse gas emission reporting programs and make reasonable efforts to promote consistency among the programs established pursuant to this section and other programs, and to streamline reporting requirements on greenhouse gas emission sources. Except as provided in subsection (g) of this section, nothing in this section shall limit a State agency from adopting any rule within its authority.

(f) Participation by government subdivisions. The State and its municipalities may participate in the inventory for purposes of registering reductions associated with their programs, direct activities, or efforts, including the registration of emission reductions associated with the stationary and mobile sources they own, lease, or operate.

(g) Greenhouse gas accounting. In consultation with the Department of Public Service created under 30 V.S.A. § 1, the Secretary shall research and adopt by rule greenhouse gas accounting protocols that achieve transparent and accurate life cycle accounting of greenhouse gas emissions, including emissions of such gases from the use of fossil fuels and from renewable fuels such as biomass. On adoption, such protocols shall be the official protocols to be used by any agency or political subdivision of the State in accounting for greenhouse gas emissions.
10 V.S.A. § 637 — VT Code / Title 10 / Chapter 25 / Section 637
§ 637. Sovereign immunity, credit of State not pledged
Status: in_force

The Agency shall have the benefit of sovereign immunity to the same extent as the State of Vermont. Commissioners, officers, employees, and the executive director of the Agency shall be deemed employees of the State for purposes of 12 V.S.A. chapter 189 (tort claims against State) and 3 V.S.A. chapter 29 (claims against State employees). Notwithstanding the foregoing, obligations issued under the provisions of this chapter shall not be deemed to constitute a debt or liability or obligation of the State or of any political subdivision thereof or a pledge of the faith and credit of the State or of any political subdivision but shall be payable solely from the revenues or assets of the Agency. Each obligation issued under this chapter shall contain on the face thereof a statement to the effect that the Agency shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor and that neither the faith and credit nor the taxing power of the State or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such obligations.
10 V.S.A. § 1159 — VT Code / Title 10 / Chapter 45 / Section 1159
§ 1159. Separability of provisions-Article VIII
Status: in_force

Should any part of this compact be held to be contrary to the constitution of any signatory state or of the United States, all other parts thereof shall continue to be in full force and effect.
10 V.S.A. § 906 — VT Code / Title 10 / Chapter 37 / Section 906
§ 906. Investigators
Status: in_force

Investigators employed by the Department of Environmental Conservation when designated in writing by the Commissioner of Environmental Conservation shall enforce the provisions of chapters 37, 39, 41, 43, 47 and 49 and subchapter 3 of chapter 48 of this title; Title 29, chapter 11; sections 1215 and 1217 of Title 18; section 2201 of Title 24 and sections 4411 and 4444 of Title 24 insofar as those chapters and sections contain enforceable provisions and may summons or arrest violators thereof. In those matters, they may serve criminal process and subpoenas. They shall have the same powers as other informing officers to make and subscribe to complaints for violation thereof. (1965, No. 110, eff. June 22, 1965; amended 1971, No. 255 (Adj. Sess.), § 2, eff. April 11, 1972; 1981, No. 222 (Adj. Sess.), § 11; 1987, No. 76, § 18.)
10 V.S.A. § 691 — VT Code / Title 10 / Chapter 29 / Section 691
§ 691. Title
Status: in_force

This subchapter may be cited as the “Vermont Job Development Zone Act.”
10 V.S.A. § 801 — VT Code / Title 10 / Chapter 33 / Section 801
§ 801. Purpose
Status: in_force

The purpose of this chapter is to authorize the natural resources conservation districts in Vermont to form supervisory unions for administrative purposes while still retaining their individual identities, duties, and powers as authorized under sections 701-740 of this title. The supervisory unions will help carry out a broadened program of conservation, development, and use of the natural resources and the broadened program will aid cooperation with local and State agencies, and provide coordination through proper channels with federal agencies.
10 V.S.A. § 5503 — VT Code / Title 10 / Chapter 124 / Section 5503
§ 5503. Exceptions
Status: in_force

(a) The prohibition on the purchase, sale, offer for sale, or possession with intent to sell set forth in section 5502 of this title shall not apply:

(1) to employees or agents of the federal or State government undertaking any law enforcement activities pursuant to federal or State law or any mandatory duties required by federal or State law;

(2) when the activity is expressly authorized by federal law;

(3) when the covered animal part or product is a fixed component of an antique that is not made wholly or partially from the covered animal part or product, provided that:

(A) the antique status is established by the owner or seller of the covered animal part or product with documentation providing evidence of the provenance of the covered animal part or product and showing the covered animal part or product to be not less than 100 years old; and

(B) the total weight of the covered animal part or product is less than 200 grams;

(4) when the covered animal part or product is a fixed component of a firearm; knife; or musical instrument, including string instruments and bows, wind and percussion instruments, and pianos, provided that the covered animal part or product was legally acquired and provided that the total weight of the covered animal part or product is less than 200 grams; or

(5) the activity is authorized under section 5504 of this title.

(b) Documentation evidencing reasonable provenance or the age of a covered animal part or product that may be purchased, sold, offered for sale, or possessed under subsection (a) of this section may include receipts of purchase, invoices, bills of sale, prior appraisals, auction catalogues, museum or art gallery exhibit catalogues, and the signed certification of an antique appraiser to the age of the covered animal part. The issuance of a false or fraudulent certification of the age of a covered animal part or product shall be subject to penalty under section 5506 of this title.
10 V.S.A. § 6605j — VT Code / Title 10 / Chapter 159 / Section 6605j
§ 6605j. Accepted composting practices
Status: repealed

(a) The Secretary, in consultation with the Secretary of Agriculture, Food and Markets, shall adopt by rule, pursuant to 3 V.S.A. chapter 25, and shall implement and enforce accepted composting practices for the management of composting in the State. These accepted composting practices shall address:

(1) standards for the construction, alteration, or operation of a composting facility;

(2) standards for facility operation, including acceptable quantities of product or inputs, vector management, odors, noise, traffic, litter control, contaminant management, operator training and qualifications, recordkeeping, and reporting;

(3) standards for siting of composting facilities, including siting and operation of compost storage areas, compost bagging areas, and roads and parking areas;

(4) standards for the composting process, including rotation, management of compost piles, compost pile size, and monitoring of compost operations;

(5) standards for management of runoff from compost facilities, including liquids management from the feedstock area, active composting areas, curing area, and compost storage area; the use of swales or stormwater management around or within a compost facility; vegetative buffer requirements; and run-off management from tipping areas;

(6) specified areas of the State unsuitable for the siting of commercial composting that utilizes post-consumer food residuals or animal mortalities, such as designated downtowns, village centers, village growth areas, or areas of existing residential density; and

(7) definitions of “small-scale composting facility,” “medium-scale composting facility,” and “de minimis composting exempt from regulation.”

(b) A person operating a small scale composting facility who follows the accepted composting practices shall not be required to obtain a discharge permit under section 1263 or 1264 of this title, a solid waste facility certification under chapter 159 of this title, or an air emissions permit under chapter 23 of this title unless a permit is required by federal law or the Secretary of Natural Resources determines that a permit is necessary to protect public health or the environment.

(c) [Repealed.]

(d) The Secretary shall not regulate under this section a farm producing compost under subdivision 6001(22)(H) of this title.
10 V.S.A. § 1250 — VT Code / Title 10 / Chapter 47 / Section 1250
§ 1250. State water quality policy
Status: in_force

It is the policy of the State of Vermont to:

(1) protect and enhance the quality, character and usefulness of its surface waters and to assure the public health;

(2) maintain the purity of drinking water;

(3) control the discharge of wastes to the waters of the State, prevent degradation of high quality waters and prevent, abate or control all activities harmful to water quality;

(4) assure the maintenance of water quality necessary to sustain existing aquatic communities;

(5) provide clear, consistent, and enforceable standards for the permitting and management of discharges;

(6) protect from risk and preserve in their natural state certain high quality waters, including fragile high-altitude waters, and the ecosystems they sustain;

(7) manage the waters of the State to promote a healthy and prosperous agricultural community; to increase the opportunities for use of the State's forest, park, and recreational facilities; and to allow beneficial and environmentally sound development; and

(8) seek over the long term to upgrade the quality of waters and to reduce existing risks to water quality.
10 V.S.A. § 214 — VT Code / Title 10 / Chapter 12 / Section 214
§ 214. Members; disqualification
Status: in_force

A member of the Authority may not participate in any decision:

(1) under subchapter 3 of this chapter affecting a local development corporation if the member is a stockholder or member of that corporation;

(2) upon any loan under subchapter 5 of this chapter if the member is a member, director, trustee, employee, or officer of; or has any interest direct or indirect in; or owns any stock, bonds, or other liabilities issued by or authorized by the prospective mortgagor, mortgagee, or tenant;

(3) upon a bond issue under subchapter 4 of this chapter if the member is an officer or director of a bank or trust company that is a prospective purchaser of the bonds or a prospective trustee under the trust indenture securing the bonds.
10 V.S.A. § 51 — VT Code / Title 10 / Chapter 5 / Section 51
§ 51. Vermont building
Status: in_force

The Secretary of Agriculture, Food and Markets is hereby invested with the management and control of the operation and affairs of the Vermont building at Eastern States Exposition. The Secretary shall cooperate with public and private agencies for the purpose of exhibiting the resources, products, and general development of the State of Vermont and for advertising its agricultural, industrial, and recreational possibilities.
10 V.S.A. § 1427 — VT Code / Title 10 / Chapter 49 / Section 1427
§ 1427. River corridors and buffers
Status: in_force

(a) River Corridor and Floodplain Management Program. The Secretary of Natural Resources shall establish a River Corridor and Floodplain Management Program to aid and support the municipal adoption of a flood resilience plan under 24 V.S.A. § 4382 and of river corridor, floodplain, and buffer bylaws. Under the River Corridor and Floodplain Management Program, the Secretary shall:

(1) assess the geomorphic condition and sensitivity of the rivers of the State and identify where the sensitivity of a river poses a probable risk of harm to life, property, or infrastructure;

(2) delineate and map river corridors based on the river sensitivity assessments required under subdivision (1) of this subsection according to a priority schedule established by the Secretary by procedure; and

(3) develop recommended best management practices for the management of river corridors, floodplains, and buffers.

(b) River sensitivity assessment; Secretary's discretion. Notwithstanding the schedule established by the Secretary under subdivision (a)(2) of this section, the Secretary may complete a sensitivity assessment for a river if, in the Secretary's discretion, the sensitivity of a river and the risk it poses to life, property, and infrastructure require an expedited assessment.

(c) Municipal consultation during river assessment. Prior to and during an assessment of river sensitivity required under subsection (a) of this section, the Secretary shall consult with the legislative body or designee of municipalities and the regional planning commissions in the area in which a river is located.
10 V.S.A. § 6506 — VT Code / Title 10 / Chapter 157 / Section 6506
§ 6506. Definitions
Status: in_force

As used in this chapter, “radioactive waste” means waste material:

(1) technologically enhanced for the purpose of increasing the concentration of radioactive elements; or

(2) contaminated with such technologically enhanced material to a radioactive level above background.
10 V.S.A. § 7104 — VT Code / Title 10 / Chapter 164 / Section 7104
§ 7104. Notification
Status: repealed

(a) Effective July 1, 2006, no mercury-added product may be offered for final sale, sold at a final sale, or distributed in Vermont, unless the manufacturer or its designated industrial trade group gives prior notification in writing to the Agency or the multistate clearinghouse described in section 7103 of this chapter, as provided in this section. This notification, in a form approved by the Agency, at a minimum shall include:

(1) a brief description of the product or category of products to be offered for sale or distributed;

(2) the purpose for which mercury is used in each individual product or category of products;

(3) the amount of mercury in each unit of the product or product component, reported as an exact number or as falling within a range approved by the Agency;

(4) the name and address of the manufacturer, or manufacturers, and the name, address, and telephone number of a contact person for the manufacturer; and

(5) the total amount of mercury in all units of the product or product components sold in the United States during the most recent calendar year for which sales figures are available, reported either for the units or components sold by the manufacturer or as aggregated by a manufacturer trade association for all units of the product or components made by the industry.

(b) With the approval of the Agency or multistate clearinghouse, the manufacturer may supply the information required in this section for a product category rather than an individual product. The manufacturer or its designated industrial trade group shall revise the information in the notification whenever there is a significant change in the information or when requested by the Agency or the multistate clearinghouse. The information required under subdivision (a)(5) of this section must be updated and provided to the Agency or multistate clearinghouse every three years on a date established through the multistate clearinghouse.

(c) [Repealed.]

(d) The requirements of this section do not apply to drugs approved by the U.S. Food and Drug Administration or to any mercury-added product for which federal law governs notice in a manner that preempts State authority.

(e) Public disclosure of any business information submitted to the Agency pursuant to this section shall be governed by the requirements of 1 V.S.A. § 317. Notwithstanding the provisions of 1 V.S.A. § 317, the Agency may provide the multistate clearinghouse with copies of that information, and the Agency, in consultation with the clearinghouse, may compile or publish analyses or summaries of that information, provided the analyses or summaries do not identify any manufacturer or reveal any confidential information.
10 V.S.A. § 574 — VT Code / Title 10 / Chapter 23 / Section 574
§ 574. Regulation of ozone-depleting products
Status: in_force

(a) After January 1, 1990, no person shall sell or offer to sell fire extinguishers for noncommercial or nonindustrial usage, if those fire extinguishers contain halons or other ozone-depleting substances as may be identified by rule of the Secretary; sales to fire departments, for their own use, shall not be prohibited.

(b) After January 1, 1990, no person shall sell or offer to sell:

(1) CFC cleaning sprays for noncommercial or nonindustrial usage in cleaning electronic and photographic equipment,

(2) CFC propelled plastic party streamers, or

(3) CFC noise horns.

(c) The Secretary, by rule adopted no earlier than March 1, 1990, may require the usage of equipment that meets standards established by the Underwriters Laboratories, or an institution determined by the Secretary to be comparable, for recovery and recycling of CFC coolant during the servicing of building air conditioning and of large refrigeration units, if the Secretary finds that equipment to be portable and suitable for those purposes.

(d) By January 15, 1990, the Secretary shall report to the natural resources and energy committees of the General Assembly with the following:

(1) an analysis of the uses within the State of ozone-depleting chemicals;

(2) the advantages and disadvantages of alternatives to those chemicals (both in terms of impacts on the ozone and in terms of other health and environmental impacts);

(3) opportunities for recovery and recycling of these chemicals;

(4) any rules proposed under subsection (c) of this section; and

(5) any appropriate recommendations for action by the State.

(e) The Secretary, by January 15, 1991, shall report to the natural resources and energy committees of the General Assembly with recommendations for the systematic retrieval, storage, and appropriate reuse of CFCs from refrigerators, air conditioners, and motor vehicles that face immediate disposal. This report shall consider, but shall not be limited to considering, regional CFC removal centers, circuit riding CFC removal equipment, or other appropriate procedures or equipment.

(f) After January 1, 1993, no person shall sell or offer to sell any aerosol-propelled consumer product, if it contains hydrochlorofluorocarbons (HCFCs). The Secretary, on application, may postpone the effect of the prohibition established under this subsection, on a case-by-case basis, upon finding that the product is a health, safety-related, or industrial product, for which acceptable alternatives are not available. Any postponement granted under this subsection shall be granted for a specified period of time, not to exceed one year. Extensions granted may be renewed, if appropriate.

(g) After January 1, 1993, no disposal facility or transfer station may dispose of a residential, institutional, commercial, or industrial refrigerator, freezer, refrigerator-freezer, air conditioner, or other cooling device or machine that uses CFCs, without ensuring the item in question is properly drained of CFCs, according to procedures established by rule of the Secretary.

(h) After January 1, 1993, no person shall sell or offer to sell cleaning liquid for the heads of videotape recorders, receivers, and other related machines, if that liquid contains ozone-depleting chemicals.

(i)(1) The Secretary, by rule, shall provide for the reclamation of CFCs recovered under the provisions of this section and section 573 of this title. The rules may provide standards for reclamation equipment and equipment operators, may allow reclamation through a central facility or by the establishment of on-site reclamation capabilities, may allow reclamation by the private sector, the municipalities, or solid waste management districts, and may establish State-operated reclamation efforts.

(2) Costs of CFC reclamation under this subsection shall be borne by the State.
10 V.S.A. § 104 — VT Code / Title 10 / Chapter 7 / Section 104
§ 104. Expenditure of monies
Status: in_force

The monies annually available for the purposes of section 103 of this title shall be expended by the State in accordance with the provisions of that section and relevant federal regulations.
10 V.S.A. § 4520 — VT Code / Title 10 / Chapter 109 / Section 4520
§ 4520. Administrative penalties
Status: in_force

(a) In addition to other penalties provided by law, the Commissioner may assess administrative penalties, not to exceed $1,000.00, for each violation of this part.

(b) In determining the amount of the penalty to be assessed under this section, the Commissioner may give consideration to one or more of the following:

(1) the degree of actual and potential impact on fish, game, public safety, or the environment resulting from the violation;

(2) the presence of mitigating or aggravating circumstances;

(3) whether the violator has been warned or found in violation of fish and wildlife law in the past;

(4) the economic benefit gained by the violation;

(5) the deterrent effect of the penalty;

(6) the financial condition of the violator.

(c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day's continuance may be deemed to be a separate and distinct offense. In no event shall the maximum amount of the penalty assessed under this section exceed $25,000.00.

(d) In addition to the administrative penalties authorized by this section, the Commissioner may recover the costs of investigation, which shall be credited to a special fund and shall be available to the Department to offset these costs.

(e) Any party aggrieved by a final decision of the Commissioner under this section may appeal de novo to the Civil Division of the Superior Court of the county in which the violation occurred or the Civil Division of the Superior Court of Washington County within 30 days of the final decision of the Commissioner.

(f) The Commissioner may enforce a final administrative penalty by filing a civil collection action in the Civil Division of the Superior Court of any county.

(g) The Commissioner may, subject to 3 V.S.A. chapter 25, suspend any license or permit issued pursuant to his or her authority under this part for failure to pay a penalty under this section more than 60 days after the penalty was issued.
10 V.S.A. § 4193 — VT Code / Title 10 / Chapter 103 / Section 4193
§ 4193. Seizure; power to arrest
Status: in_force

(a) The Chief Game Warden and State and deputy game wardens shall seize fish or wild animals taken or held in violation of a provision of this part or regulations or orders authorized under this part. They may arrest, without warrant and on view, in any part of the State, a person violating a provision of this part or regulations or orders authorized under this part and take such person before a magistrate having jurisdiction of the offense and detain such person in custody at the expense of the State until opportunity is had to notify a prosecuting officer, who shall forthwith prosecute such offender.

(b) While the State of New York shall have in effect a law similar to this subsection for the arrest and punishment of violations of the conservation or fish laws of this State or the State of New York, committed or attempted to be committed by any person fishing in that portion of Lake Champlain lying between such states, any game protector, game warden, sheriff, deputy sheriff or other person of either state, who is authorized to make arrests for violations of the conservation or fish laws of such states, shall have power and authority to make arrest on any part of such lake between such states or the shores thereof and to take the person so arrested for trial to the state in which the violation was committed and there to prosecute such person according to the laws of such state.
10 V.S.A. § 4455 — VT Code / Title 10 / Chapter 108 / Section 4455
§ 4455. Withdrawal from Compact
Status: in_force

Withdrawal of Vermont from the Compact, as authorized under Article VIII of the Compact, shall be by an act or resolution of the General Assembly.
10 V.S.A. § 4612 — VT Code / Title 10 / Chapter 111 / Section 4612
§ 4612. Fishing houses
Status: in_force

(a) The owner of a fishing house shall not place the fishing house or cause the same to be placed on the ice covering the waters of this State earlier than November 20 of any year, and then only if his or her name and residence address are permanently and legibly affixed, as by waterproof paint or rustproof tag in a clearly visible place near the entrance. The owner shall remove his or her fishing house, together with its contents and any surrounding debris, before the ice loses its ability to support the fishing house out of the water, or on or before the last Sunday in March, whichever occurs first. Under no circumstances shall a fishing house be allowed in the waters of this State.

(b) For the purposes of this section, “fishing house” means a bob-house, smelt shanty, or other structure designed to be placed on the ice of the waters of this State for use for fishing or to be occupied for other purposes.
10 V.S.A. § 2647 — VT Code / Title 10 / Chapter 83 / Section 2647
§ 2647. Fires in woods of another; permission
Status: in_force

No one shall build a fire in the woodlands of another without the permission of the owner, lessee, holder of right-of-way, or his or her authorized agent between April 1 and November 1. A person who builds a fire in or adjoining any woods shall totally extinguish such fire before leaving it.
10 V.S.A. § 6305 — VT Code / Title 10 / Chapter 155 / Section 6305
§ 6305. Exchanges of land
Status: in_force

In exercising its authority to acquire property by exchange, a department may accept real property and rights and interests in the real property, and may convey to the grantor of such real property or rights and interests in the real property any State-owned property under the jurisdiction of the department, but only with the favorable advice and recommendation of the Interagency Committee on Natural Resources. In effecting such exchanges, the department may also utilize for exchange purposes any privately owned land and rights and interests in the land donated or made available to it for such purpose of an exchange. The land and rights and interests thus exchanged shall be approximately equal in fair market value, provided that the department may accept cash from or pay cash to the grantor in such an exchange, in order to equalize the value of the property and rights and interests in the property being exchanged. Notwithstanding any other provisions of law and with the approval of the Interagency Committee on Natural Resources, State real property and rights and interests in the property may, with the authorization of the department or other agency having custody thereof, be transferred without consideration to the jurisdiction of a department designated under section 6302 of this title for use in carrying out the provisions of this chapter.
10 V.S.A. § 862 — VT Code / Title 10 / Chapter 35 / Section 862
§ 862. Appeal from award; recognizance
Status: in_force

A person owning land through which a drain or watercourse is to be laid may appeal from the award of the selectboard to the Superior Court, by entering into a recognizance with sufficient sureties, before the board, in such sum as it requires, conditioned that the appellant will prosecute his or her appeal to effect and pay intervening damages and costs in case the award is affirmed.
10 V.S.A. § 5008 — VT Code / Title 10 / Chapter 115 / Section 5008
§ 5008. Hunting coyote with aid of dogs; permit
Status: in_force

(a) No person shall pursue coyote with the aid of dogs, either for training or taking purposes, without a permit issued by the Commissioner.

(1) The Commissioner may deny any permit at the Commissioner's discretion. The Commissioner shall not issue more than 100 permits annually.

(2) The number of permits that the Commissioner issues to nonresidents in any given year shall not exceed 10 percent of the number of permits issued to residents in the preceding year. The Commissioner shall establish a process and standards for determining which nonresidents are to receive a permit, including who will receive a permit if there are more nonresident applicants than nonresident permits.

(3) 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 this part and rules adopted under this part.

(b)(1) The Commissioner shall issue permits under this section to a resident for a fee of $50.00.

(2) The application fee for a nonresident permit issued under this section shall be $10.00, and the fee for a nonresident permit issued under this section shall be $200.00 for a successful applicant.
10 V.S.A. § 4273 — VT Code / Title 10 / Chapter 105 / Section 4273
§ 4273. False statement by fur buyer
Status: in_force

No person shall make a false statement in an application for a fur buyer's license or change or alter such a license in any way nor permit another to have or use such license.
10 V.S.A. § 4253 — VT Code / Title 10 / Chapter 105 / Section 4253
§ 4253. Landowner; family; exception
Status: in_force

(a) A resident owner of lands, his or her spouse, and their minor children may, without procuring a license under this chapter, take fish from the waters therein, shoot pickerel, and take wild animals or wild birds therein subject to the provisions of this part.

(b) A nonresident owner of lands, his or her spouse, and their minor children, may without procuring a license under this chapter, take fish from the waters therein, shoot pickerel, and take wild animals or wild birds thereon subject to the provisions of this part, except if the lands are posted under provisions other than section 4710 of this title.

(c) As used in this section, “post” means any signage that would lead a reasonable person to believe that hunting is prohibited on the land.

(d) Nothing in this section shall be construed to:

(1) exempt a captive hunt facility from the permitting requirements adopted under the rules of the Fish and Wildlife Board; or

(2) without a permit from the Commissioner of Fish and Wildlife, allow any person, including a hunt club, hunting association, or multiple landowners, to transport, possess, or fence any animal for the purpose of taking or attempting to take the animal by hunting.
10 V.S.A. § 423 — VT Code / Title 10 / Chapter 19 / Section 423
§ 423. Improvement of land
Status: in_force

To further carry out the purposes set forth in section 421 of this title, the departments listed in subsection 422(a) of this title may improve lands held for those purposes with publicly owned and controlled rest and recreation areas which may include, among other things, sanitary facilities, and other facilities reasonably necessary to accommodate the traveling public. (1966, No. 67 (Sp. Sess.), § 4, eff. March 14, 1966.)
10 V.S.A. § 4258 — VT Code / Title 10 / Chapter 105 / Section 4258
§ 4258. License; U.S. Armed Forces
Status: in_force

A license to hunt or fish shall be issued, upon payment of the resident license fee, to any member of the U.S. Armed Forces who is on active duty and stationed at some military, air, or naval post, station, or base within the State. The member of the U.S. Armed Forces desiring a hunting, fishing, or combination hunting and fishing license shall certify that he or she is eligible for such a license under this section. Holders of such licenses shall be subject to all the laws of the State and the rules and regulations of the Board regulating hunting and fishing; and for violations of said laws or rules and regulations, shall be subject to the penalties prescribed therefor, and such licenses shall be revoked in the same manner as provided in section 4502 of this title.
10 V.S.A. § 4925 — VT Code / Title 10 / Chapter 113 / Section 4925
§ 4925. Disposal
Status: in_force

A person shall not place, leave, dump, or abandon the carcass or parts of a covered wild animal:

(1) along or upon a public right-of-way or highway;

(2) upon a private property posted in accordance with section 4710 or 5201 of this title without permission of the owner or the owner's agent; or

(3) where prohibited by State or municipal law.
10 V.S.A. § 280ee — VT Code / Title 10 / Chapter 12 / Section 280ee
§ 280ee. Broadband Expansion Loan Program
Status: in_force

(a) Creation. There is established within the Authority the Vermont Broadband Expansion Loan Program, the purpose of which is to enable the Authority to make loans that expand broadband service to unserved and underserved Vermonters as part of a plan to achieve universal broadband coverage in a municipality or communications union district.

(b) Intent. It is understood that loans under the Program may be high-risk loans to likely start-up businesses and therefore losses in the Program may be higher than the Authority's historical loss rate. Loans shall be underwritten by the Authority utilizing underwriting parameters that acknowledge the higher risk nature of these loans. The Authority shall not make a loan unless the Authority has a reasonable expectation of the long-term viability of the business. The Program is intended to provide start-up loans until such time as the borrower can refinance the loans through, for example, the municipal revenue bond market.

(c) Requirements.

(1) The Authority shall make loans for start-up and expansion of broadband projects in unserved and underserved locations as part of a plan to achieve universal broadband coverage in a municipality or communications union district.

(2) The Authority shall establish policies and procedures for the Program necessary to ensure the expansion of broadband availability to the largest number of Vermont addresses as possible. The policies shall specify that:

(A) loans may be made in an amount of up to $4,000,000.00;

(B) eligible borrowers are:

(i) communications union districts;

(ii) internet service providers working in conjunction with a communications union district to expand broadband service to unserved and underserved locations as part of a plan to achieve universal broadband coverage in the district; and

(iii) internet service providers working in conjunction with a municipality that was not part of a communications union district prior to June 1, 2021 to expand broadband service to unserved and underserved locations as part of a plan to achieve universal broadband coverage in such municipality;

(C) interest and principal may be deferred up to three years;

(D) a maximum of $10,800,000.00 in Authority loans may be outstanding under the Program commencing on June 20, 2019;

(E) the provider shall offer to all customers broadband service that is capable of speeds of at least 100 Mbps symmetrical; and

(F) not more than one-sixth of the total allowable loans under this Program shall be available to eligible borrowers under subdivision (2)(B)(iii) of this subsection (c).

(3) To ensure the limited funding available through the Program supports the highest-quality broadband available to the most Vermonters and prioritizes delivering services to the unserved and underserved, the Authority shall consult with the Department of Public Service and the Vermont Community Broadband Board.

(d) On or before January 1, 2020, and annually thereafter, the Authority shall submit a report of its activities pursuant to this section to the Senate Committee on Finance and the House Committees on Commerce and Economic Development and on Energy and Digital Infrastructure. Each report shall include operating and financial statements for the two most recently concluded State fiscal years. In addition, each report shall include information on the Program portfolio, including the number of projects financed; the amount, terms, and repayment status of each loan; and a description of the broadband projects financed in whole or in part by the Program.
10 V.S.A. § 718 — VT Code / Title 10 / Chapter 31 / Section 718
§ 718. Certificate as proof of validity of district
Status: in_force

In any suit, action or proceeding involving the validity or enforcement of, or relating to any contract, proceeding or action of the district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State.
10 V.S.A. § 484 — VT Code / Title 10 / Chapter 21 / Section 484
§ 484. Travel Information Council; creation, membership, terms
Status: in_force

(a) The Travel Information Council is created to administer the provisions of this chapter.

(1) The Agency of Transportation shall be responsible for the administration and maintenance of the official business directional sign program, information plazas, and other tourist information facilities deemed appropriate by the Council.

(2) The Agency of Commerce and Community Development shall be responsible for the collection and distribution of travel information, as deemed appropriate by the Council.

(b)(1) The Council may adopt rules consistent with this chapter relating to the determination of locations for official business directional signs and to all other matters necessary and appropriate to the administration of this chapter. In adopting those rules it shall give consideration to the adequacy of information provided by highway directional signs and the preservation of scenic and aesthetic values and shall consult with the Agency of Transportation as to matters of highway safety.

(2) It shall determine whether official business directional signs at a particular location shall be displayed in tiers or upon panels.

(3) It shall advise the Agency of Commerce and Community Development on policies and matters pertaining to collection and distribution of tourist information.

(c)(1) The Council shall have seven members, comprising the Secretary of Commerce and Community Development or designee, who shall chair the Council, and six appointed members as follows: one representing the lodging industry, one the restaurant industry, one the recreation industry, one the Agency of Transportation, one the general public, and one agriculture.

(2) The six appointed members shall be appointed by the Governor with the advice and consent of the Senate in two-year staggered terms so that three members are appointed annually. The members are eligible for reappointment.

(3) Members of the Council shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010, which shall be paid by the Agency of Transportation.

(d)(1) The Council shall designate, in each State transportation district, a person to represent business, a person to represent the public, and a person to represent the district planning or development agencies as a committee to act for it in those districts in considering applications for signs and the location thereof.

(2) The members of the committee shall serve at the pleasure of the Council, and a majority of a committee shall constitute a quorum for the conduct of any business.

(3) A person aggrieved by a decision of a committee may ask for and shall be granted a hearing before the Council and may appeal on questions of law to the Superior Court under V.R.C.P. 74 from a decision of the Council.
10 V.S.A. § 242 — VT Code / Title 10 / Chapter 12 / Section 242
§ 242. Financing documents
Status: in_force

(a) A financing document shall:

(1) provide for payments by the user at such times and in such amounts as are necessary in order to pay the debt service on all bonds issued to finance the project as they become due; and

(2) obligate the user to pay all the costs and expenses of operation, maintenance, upkeep, and insurance of the eligible facility.

(b) A financing document may:

(1) provide for payments by the user that include amounts in addition to the amounts required to pay debt service;

(2) obligate a user to make payments before the eligible facility exists or becomes functional and to make payments after the eligible facility has ceased to exist or be functional to any extent and from any cause whatsoever;

(3) obligate a user to make payments regardless of whether the user is in possession or is entitled to be in possession of the eligible facility;

(4) allocate responsibility between the municipality and the user for making purchases and contracts required for the project;

(5) contain an option for the user to acquire any ownership or possessory interest that the municipality may have in the eligible facility for nominal consideration upon payment of the bonds or upon the user's making adequate and secure provision for their payment and provide for the automatic transfer of the municipality's interest in the facility upon the effective exercise of the option;

(6) provide that some or all of the user's obligations shall be unconditional and shall be binding and enforceable in all circumstances whatsoever notwithstanding any other provision of law; and

(7) contain such other provisions and covenants relating to the use, maintenance, repair, insurance, and replacement of the eligible facility as the municipality and the user deem necessary for the protection of themselves or others.
10 V.S.A. § 1527 — VT Code / Title 10 / Chapter 53 / Section 1527
§ 1527. Penalty
Status: in_force

A person who violates a provision of this chapter shall be fined in accordance with chapter 201 of this title.
10 V.S.A. § 692 — VT Code / Title 10 / Chapter 29 / Section 692
§ 692. Policy and purpose
Status: in_force

Recognizing that some communities in Vermont have failed to benefit from general economic progress and that innovative and intensive approaches to economic development should be tried and developed in up to three communities, this subchapter provides for the designation of up to three job development zones and for special economic development programs that will apply in these job development zones.
10 V.S.A. § 501 — VT Code / Title 10 / Chapter 21 / Section 501
§ 501. Fees
Status: in_force

Subject to the provisions of subsection 486(c) of this title, an applicant for an official business directional sign or an information plaza plaque shall pay to the Travel Information Council an initial license fee and an annual renewal fee as established by this section.

(1) Initial license fees shall be as follows:

(A) for full-sized or half-sized business directional signs, $175.00 per sign;

(B) for information plaza plaques, $25.00 per plaque; however, if more than one plaque is requested by a business at the same time, a ten percent discount shall be given on the second and subsequent plaques.

(2) Annual renewal fees shall be as follows:

(A) for full and half-sized official business directional signs, $100.00 per sign;

(B) information plaza plaques, $25.00 per plaque.
10APPENDIX V.S.A. § 120 — VT Code / Title 10APPENDIX / Chapter 2 / Section 120
App. § 120. Special regulations-Noyes Pond
Status: in_force

1. Fishing in Noyes Pond shall be by fly fishing only. (Flies shall be artificial only.)

2. The flies shall be single hook only, and must be either barbless or the barb filed or crimped down.

3. Fishing from the shore of Noyes Pond and its tributaries is prohibited.

4. Fishing is permitted only between the hours of 6:00 a.m. and one (1) hour after official sunset.
10 V.S.A. § 2654 — VT Code / Title 10 / Chapter 83 / Section 2654
§ 2654. Management
Status: in_force

Municipal forests shall be managed under the direction of the Commissioner. The protection of such forests shall be under the town forest fire warden who shall be paid for his or her services in connection therewith by the town at the same rate as he or she is paid for fighting forest fires upon the approval of his or her account by the Commissioner.
10 V.S.A. § 684 — VT Code / Title 10 / Chapter 29 / Section 684
§ 684. Powers and duties of the municipalities
Status: in_force

(a) In addition to the powers and authority that the municipalities have under existing law, they are hereby granted such additional authority and power, essential and incidental, as may be necessary for the administration and implementation of this subchapter.

(b) Prior to filing an application under this subchapter a municipality shall:

(1) through action by the legislative body, adopt or pass an official act or resolution authorizing the filing of the application and directing the chief executive officer or designee to act in connection with the application and to provide such information as may be required;

(2) hold at least one public hearing, after notice of at least 15 days by publication in a newspaper of general circulation in the municipality, to obtain the views of citizens on community development, to furnish the citizens with information concerning the amount of funds available and the range of community development activities that may be undertaken under this subchapter, and to give affected citizens an opportunity to examine a proposed statement of the projected use of such funds;

(3) allow citizens an opportunity to examine the application and all supporting documentation.

(c) The chief executive officer or designee shall certify that the grantee will comply with the provisions of this subchapter and with other applicable federal and state laws and rules as may be determined by the secretary.
10 V.S.A. § 6090 — VT Code / Title 10 / Chapter 151 / Section 6090
§ 6090. Recording; duration and revocation of permits
Status: repealed

(a) In order to afford adequate notice of the terms and conditions of land use permits, permit amendments and revocations of permits, they shall be recorded in local land records. Recordings under this chapter shall be indexed as though the permittee were the grantor of a deed.

(b)(1) Any permit granted under this chapter for extraction of mineral resources, operation of solid waste disposal facilities, or logging above 2,500 feet shall be for a specified period determined by the Board in accordance with the rules adopted under this chapter as a reasonable projection of the time during which the land will remain suitable for use if developed or subdivided as contemplated in the application and with due regard for the economic considerations attending the proposed development or subdivision. Other permits issued under this chapter shall be for an indefinite term, as long as there is compliance with the conditions of the permit.

(2) Expiration dates contained in permits issued before July 1, 1994 (involving developments that are not for extraction of mineral resources, operation of solid waste disposal facilities, or logging above 2,500 feet) are extended for an indefinite term, as long as there is compliance with the conditions of the permits.

(c) [Repealed.]
10 V.S.A. § 5218 — VT Code / Title 10 / Chapter 119 / Section 5218
§ 5218. Boundaries
Status: in_force

The boundary of the licensed premises shall be posted with printed notices not more than 100 yards apart and containing such words as the Commissioner may prescribe.
10APPENDIX V.S.A. § 15a — VT Code / Title 10APPENDIX / Chapter 1 / Section 15a
App. § 15a. Fees for the Use of Fish and Wildlife Department Lands and Facilities
Status: in_force

1.0 Authority.

1.1 This rule is adopted pursuant to 10 V.S.A. § 4132(e) that requires the Commissioner of the Vermont Fish and Wildlife Department to adopt and publish regulations for reasonable fees for the use of Department lands.

1.2 In accordance with 10 V.S.A. § 4132(e), all fees or charges collected for the use of fish and wildlife lands and properties shall be deposited in the Fish and Wildlife Fund.

2.0 Purpose.

2.1 In accordance 10 V.S.A. § 4132(e), this rule is designed to set fees for the use of Vermont of Fish and Wildlife Department lands, roads, buildings, other property including Wildlife Management Areas, Fishing Access Areas, and other Department lands and sets tuition for the Green Mountain Conservation Camps.

2.2 The activities for which fees shall be charged under this rule shall be consistent with the Rule Governing Public Use of Fish and Wildlife Department Lands.

3.0 Definitions.

3.1 “Partnering organizations” means any government entity or non-governmental organization with whom the Department has a memorialized partnership and whose purposes, and proposed activity, are consistent with the mission of the Vermont Fish and Wildlife Department.

3.2 “Private entity” means a person or group whose proposed activity is unaffiliated with the mission of the Vermont Fish and Wildlife Department.

3.3 “License” a written instrument that authorizes a certain activity on Department property but does not vest the licensee with any property rights.

3.4 “Special Use Permit” means a formal written authorization for short-term, low impact use by individuals or groups.

3.5 “Department” means the Vermont Fish and Wildlife Department.

3.6 “Edward F. Kehoe Education Center” means the main floor of the Educational Center and surrounding buildings, lawns.

3.7 “Buck Lake Conservation Camp” means the dining hall, restrooms, tent erection areas and Wightman building.

4.0 Fees.

4.1 Edward F. Kehoe Education Center

(a) Partnering Organizations and Municipalities

(b) Private Entity

4.2 Buck Lake Conservation Camp

5.0 Waivers.

5.1 Department Employees working in their official capacity, and participants of Department sponsored events, are exempt from fees subject to the approval of the Commissioner or the Commissioner's designee.

5.2 Partnering organizations paying fees for an activity under 4.1 of this rule shall be waived of any additional fees for use of Department lands associated with that activity.
10 V.S.A. § 1381 — VT Code / Title 10 / Chapter 47 / Section 1381
§ 1381. Definitions
Status: in_force

As used in this subchapter:

(1) “Commercial establishment” means any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation, or commercial or charitable activity, including laundries, hospitals, and food or restaurant establishments.

(2) “Household cleansing product” means any product, including soaps and detergents used for domestic or commercial cleaning purposes, including the cleansing of fabric, dishes, food utensils, and household and commercial premises. Household cleansing product shall not mean:

(A) Food, drugs and cosmetics, including personal care items such as toothpaste, shampoo, and hand soap;

(B) Products labeled, advertised, marketed, and distributed for use primarily as economic poisons as defined in 6 V.S.A. § 911(5).

(3) “Phosphorus” means elemental phosphorus.

(4) “Trace quantity” means an incidental amount of phosphorus that is not part of the household cleansing product formulation, is present only as a consequence of manufacturing and does not exceed 0.5 percent of the content of the product by weight, expressed as elemental phosphorus.

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

(6) “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.
10 V.S.A. § 4049b — VT Code / Title 10 / Chapter 103 / Section 4049b
§ 4049b. Green Mountain Conservation Camp Endowment Fund Committee
Status: repealed

(a) There is created a Green Mountain Conservation Camp Endowment Fund Committee comprising five members who shall serve for concurrent terms of four years. Members of the Committee shall be appointed by the Commissioner of Fish and Wildlife as follows: two members shall be chosen from the employees of the Department; the three other members shall be chosen on the basis of fundraising experience.

(b) The Committee shall promote and seek contributions to the Green Mountain Conservation Camp Endowment Fund established by section 4049a of this title. The Committee may use any technique, method, or service that is otherwise authorized by law to promote contributions to the Fund and may use a portion of the Endowment Fund for the purpose.

(c) [Repealed.]
10 V.S.A. § 236 — VT Code / Title 10 / Chapter 12 / Section 236
§ 236. Taxes
Status: in_force

(a) While a part of a building or industrial park owned by a local development corporation and subject to a mortgage to the Authority or the State of Vermont under this subchapter remains unoccupied, that portion that remains unoccupied shall be exempt from all taxes and special assessments of the State or a municipality. Instead of taxes, payments shall be made by the local development corporation to the municipality in which the speculative building or industrial park is located for highway maintenance, fire protection, or for other services.

(b) Any property to which the Authority holds title by reason of foreclosure upon a mortgage or other security given by a local development corporation in connection with a loan made under this subchapter, or voluntary conveyance in lieu thereof, shall, as long as it is not leased or rented, be exempt from all taxes and special assessments of the State and all local municipal property taxes for the remaining balance of the tax year in which title becomes vested in the Authority and the entire next succeeding year, provided however, that thereafter the Authority shall pay 50 percent of the local municipal property taxes annually assessed against such property during the term of the Authority's ownership.
10 V.S.A. § 2608 — VT Code / Title 10 / Chapter 83 / Section 2608
§ 2608. Enforcement; penalties; liability
Status: in_force

Enforcement of the provisions of this chapter or rules adopted hereunder shall be in accordance with chapter 201 or 211 of this title.
10 V.S.A. § 6605h — VT Code / Title 10 / Chapter 159 / Section 6605h
§ 6605h. Composting registration
Status: in_force

Notwithstanding sections 6605, 6605f, and 6611 of this title, the Secretary may, by rule, authorize a person engaged in the production or management of compost at a small scale composting facility to register with the Secretary instead of obtaining a facility certification under section 6605 or 6605c of this title. This section shall not apply to a farm producing compost under subdivision 6001(22)(H) of this title.
10 V.S.A. § 6621c — VT Code / Title 10 / Chapter 159 / Section 6621c
§ 6621c. Lead-acid batteries; collection for recycling
Status: in_force

(a) Definitions. For purposes of this section:

(1) “Lead-acid battery” means a battery that consists of lead and sulfuric acid and is used as a power source.

(2) “Small sealed lead-acid battery” means a lead-acid battery, weighing 25 pounds or less, used in nonvehicular applications. This shall not include any lead-acid battery used as the principal power source for transportation, including automobiles, motorcycles, and boats.

(b) Applicability. The provisions of subsections (c), (d), and (e) of this section shall not apply to any small sealed lead-acid battery.

(c) Standard retailer obligations. A retailer selling replacement lead-acid batteries in Vermont shall:

(1) Accept from customers, at the point of transfer, used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers.

(2) Post written language in bold print in the immediate vicinity where lead-acid batteries are sold, that reads as follows: “It is illegal to discard lead-acid batteries in Vermont's landfills. This store accepts used lead-acid batteries for recycling, in exchange for new batteries being purchased.”

(d) Standard wholesaler obligation. Any wholesaler selling replacement lead-acid batteries in Vermont shall accept from customers at the point of transfer, used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers. A wholesaler accepting batteries in transfer from a retailer shall be allowed a period not to exceed 90 days to remove batteries from the retail point of collection.

(e) Information on recycling lead-acid batteries. A manufacturer selling lead-acid batteries in Vermont shall provide their direct customers with a telephone number where retailers and wholesalers may obtain information regarding recycling lead-acid batteries.
10 V.S.A. § 4254a — VT Code / Title 10 / Chapter 105 / Section 4254a
§ 4254a. Trapping licenses
Status: in_force

(a) A resident, resident youth aged 17 or under on the date of license purchase, or nonresident trapping license may be issued to any person, provided that the applicant prior to issue first presents:

(1) a certificate of satisfactory completion of a trapper education course or its equivalent approved by the Commissioner; or

(2) a certificate of satisfactory completion of a trapper education course in another state or a province of Canada that is approved by the Commissioner; or

(3) a trapping license issued for this State or any other state or province of Canada and valid for any license year; or

(4) other satisfactory proof that the applicant has previously held a valid trapping license.

(b) The Commissioner shall provide for a course of basic instruction in trapper education. For this purpose, the Commissioner may cooperate with any reputable association, organization, or agency and may designate any person found by the Commissioner to be competent to give such instruction. A person so designated shall give such instruction and upon the successful completion thereof shall issue to a person satisfactorily completing the course of instruction a certificate in evidence thereof. No fee may be charged for taking a course of instruction provided for under this subsection.
10 V.S.A. § 6653 — VT Code / Title 10 / Chapter 159 / Section 6653
§ 6653. Release from liability; personal release from liability
Status: in_force

(a) An applicant who has obtained a certificate of completion pursuant to section 6652 of this title and successor owners of the property included in the certificate of completion who are not otherwise liable under section 6615 for the release or threatened release of a hazardous material at the property shall not be liable under subdivision 6615(a)(1) of this title for any of the following:

(1) A release or threatened release that existed at the property at the time of the approval of the corrective action plan and complies with one or both of the following:

(A) was discovered after the approval of the corrective action plan by means that were not recognized standard methods at the time of approval of the corrective action plan;

(B) the material was not regulated as hazardous material until after approval of the corrective action plan.

(2) Cleanup after approval of the corrective action plan was done pursuant to more stringent cleanup standards effective after approval of the corrective action plan.

(3) Natural resource damages pursuant to section 6615d of this title, provided that the applicant did not cause the release that resulted in the damages to natural resources.

(b) A person who meets the requirements of subsection 6650(b) of this title shall not be liable under subdivision 6615(a)(1) of this title for the release of a hazardous material that is addressed in a corrective action plan approved by the Secretary. A release from liability under this subsection is personal and does not run with the property or apply to successors in interest to the property.

(c) A release from liability under this section or forbearance from action provided by section 6646 of this title does not extend to any of the following:

(1) A release or threatened release of a hazardous material that was not present at the time the applicant submitted an application pursuant to this subchapter where the release or threatened release:

(A) has not been addressed under an amended corrective action plan approved by the Secretary; or

(B) was caused by intentional or reckless conduct by the applicant or agents of the applicant.

(2) Failure to comply with the general obligations established in section 6644 of this title.

(3) A release that occurs subsequent to the issuance of a certificate of completion.

(4) Failure to comply with the use restrictions contained within the certificate of completion for the site issued pursuant to subsection 6652(b) of this title.

(d) There shall be no protection from liability under this section or forbearance under section 6646 of this title for a successor if that successor or any of its principals, owners, directors, affiliates, or subsidiaries:

(1) ever held an ownership interest in the property or in any related fixtures or appurtenances, excluding a secured lender who holds indicia of ownership in the property primarily to assure repayment of a financial obligation, except in the case of an innocent owner;

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

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

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

(5) generated hazardous materials that were disposed of at the property.
10 V.S.A. § 4277 — VT Code / Title 10 / Chapter 105 / Section 4277
§ 4277. Migratory Waterfowl Stamp Program
Status: in_force

(a) Definitions. As used in this section:

(1) “Migratory waterfowl” means all waterfowl species in the family anatidae, including wild ducks, geese, brant, and swans.

(2) “Stamp” means the State migratory waterfowl hunting stamp furnished by the Department of Fish and Wildlife as provided for in this section and the federal migratory waterfowl stamp furnished by the U.S. Department of the Interior.

(b) Waterfowl stamp required. No person 16 years of age or older shall attempt to take or take any migratory waterfowl in this State without first obtaining a State and federal migratory waterfowl stamp for the current year in addition to a regular hunting license as provided by section 4251 of this title. A stamp shall not be transferable. The State stamp year shall run from January 1 to December 31.

(c) Waterfowl stamp design, production, and distribution. The Commissioner of Fish and Wildlife shall be responsible for the design, production, procurement, distribution, and sale of the State stamp and all marketable stamp by-products such as posters, artwork, calendars, and other items.

(d) Fee. State stamps shall be sold at the direction of the Commissioner for a fee of $7.50. The issuing agent may retain a fee of $1.00 for each stamp and shall remit $6.50 of each fee to the Department of Fish and Wildlife. The Commissioner shall establish a uniform sale price for all categories of by-products.

(e) Disposition of waterfowl receipts. All State waterfowl stamp receipts and all receipts from the sale of State stamp by-products shall be deposited in the Fish and Wildlife Fund. All State stamp and by-products receipts shall be expended through the appropriation process for waterfowl acquisition and improvement projects.

(f) Advisory Committee. There is hereby created the Migratory Waterfowl Advisory Committee which shall consist of five persons and up to three alternates appointed by and serving at the pleasure of the Commissioner of Fish and Wildlife. The Commissioner shall designate the Chair. The Committee shall be consulted with and may make recommendations to the Commissioner in regard to all projects and activities supported with the funds derived from the implementation of this section. The Commissioner shall make an annual financial and progress report to the Committee with regard to all activities authorized by this section.
10 V.S.A. § 1158 — VT Code / Title 10 / Chapter 45 / Section 1158
§ 1158. Expenses of Commission-Article VII
Status: in_force

The signatory states agree to appropriate for compensation of agents and employees of the Commission and for office, administrative, travel and other expenses on recommendation of the Commission subject to limitations as follows: The Commonwealth of Massachusetts obligates itself to not more than seventy-five hundred ($7500) dollars in any one year, the State of New Hampshire obligates itself to not more than one thousand ($1000) dollars in any one year, the State of Vermont obligates itself to not more than two thousand ($2000) dollars in any one year and the State of Connecticut obligates itself to not more than sixty-five hundred ($6500) dollars in any one year.
10 V.S.A. § 2802 — VT Code / Title 10 / Chapter 89 / Section 2802
§ 2802. Conservation vision and goals
Status: in_force

(a) The vision of the State of Vermont is to maintain an ecologically functional landscape that sustains biodiversity, maintains landscape connectivity, supports watershed health, promotes climate resilience, supports working farms and forests, provides opportunities for recreation and appreciation of the natural world, and supports the historic settlement pattern of compact villages surrounded by rural lands and natural areas.

(b) It is the goal of the State that 30 percent of Vermont's total land area shall be conserved by 2030, and 50 percent of the State's total land area shall be conserved by 2050. The Secretary of Natural Resources shall lead the effort in achieving these goals. The land conserved shall include State, federal, municipal, and private land.

(c) Reaching 30 percent by 2030 and 50 percent by 2050 shall include a mix of ecological reserve areas, biodiversity conservation areas, and natural resource management areas. In order to support an ecologically functional and connected landscape with sustainable production of natural resources and recreational opportunities, the approximate percentages of each type of conservation category shall be guided by the principles of conservation science and the conservation targets within Vermont Conservation Design, prioritizing ecological reserve areas to protect highest priority natural communities and maintain or restore old forests.
10 V.S.A. § 864 — VT Code / Title 10 / Chapter 35 / Section 864
§ 864. Duties of court
Status: in_force

The Superior Court shall make necessary orders and render judgments to carry out its decisions and tax costs as seems just.
10 V.S.A. § 1521 — VT Code / Title 10 / Chapter 53 / Section 1521
§ 1521. Definitions
Status: in_force

As used in this chapter:

(1) “Beverage” means beer or other malt beverages and mineral waters, mixed wine drink, soda water, and carbonated soft drinks in liquid form and intended for human consumption. “Beverage” also means liquor and ready-to-drink spirits beverage.

(2) “Biodegradable material” means material that is capable of being broken down by bacteria into basic elements.

(3) “Container” means the individual, separate, bottle, can, jar, or carton composed of glass, metal, paper, plastic, or any combination of those materials containing a consumer product. This definition shall not include containers made of biodegradable material.

(4) “Distributor” means every person who engages in the sale of consumer products in containers to a dealer in this State, including any manufacturer who engages in such sales. Any dealer or retailer who sells, at the retail level, beverages in containers without having purchased them from a person otherwise classified as a distributor shall be a distributor.

(5) “Manufacturer” means every person bottling, canning, packing, or otherwise filling containers for sale to distributors or dealers.

(6) “Recycling” means the process of sorting, cleansing, treating, and reconstituting waste and other discarded materials for the purpose of reusing the materials in the same or altered form.

(7) “Redemption center” means a store or other location where any person may, during normal business hours, redeem the amount of the deposit for any empty beverage container labeled or certified pursuant to section 1524 of this title.

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

(9) “Mixed wine drink” means a beverage containing wine and more than 15 percent added plain, carbonated, or sparkling water and that contains added natural or artificial blended material, such as fruit juices, flavors, flavoring, adjuncts, coloring, or preservatives; that contains not more than 16 percent alcohol by volume; or other similar product marketed as a wine cooler.

(10) “Liquor” means spirits as defined in 7 V.S.A. § 2.
10 V.S.A. § 4701 — VT Code / Title 10 / Chapter 113 / Section 4701
§ 4701. Use of gun, bow and arrow, and crossbow; legal day; dogs
Status: in_force

(a) Unless otherwise provided by statute, a person shall not take game except with:

(1) a gun fired at arm's length;

(2) a bow and arrow; or

(3) a crossbow as authorized by the rules of the Board.

(b) A person shall not take game between one-half hour after sunset and one-half hour before sunrise unless otherwise provided by statute or by the rules of the Board.

(c) A person may take game and fur-bearing animals during the open season therefor, with the aid of a dog, unless otherwise prohibited by statute or by the rules of the Board.

(d) A person taking game with a gun may possess, carry, or use a gun suppressor in the act of taking game.
10 V.S.A. § 280g — VT Code / Title 10 / Chapter 12 / Section 280g
§ 280g. State Infrastructure Bank Program; duties; powers
Status: repealed

(a) The Board, in addition to any other powers and duties conferred or imposed on it by this chapter or any other law, shall have the following powers and duties:

(1) to apply for, receive, administer, and comply with the conditions and requirements respecting any grant, gift, or appropriation of property, services, or monies;

(2) to make loans to or enter into leases with qualified borrowers to finance the costs of qualified projects, to acquire, hold, and sell borrower obligations evidencing the loans at such prices and in such manner as the Board shall deem advisable, and to pledge borrower obligations to secure bonds issued pursuant to this subchapter;

(3) to enter into guarantees secured solely by, or purchase insurance or other credit enhancement through, amounts on deposit in the Program;

(4) to enter into contracts, arrangements, and agreements to provide any other form of financial assistance through amounts on deposit in the Program that the Board may consider appropriate;

(5) to enter into contracts, arrangements, and agreements with other persons and execute and deliver all trust agreements, loan agreements, and other instruments necessary or convenient to the exercise of the powers granted in this subchapter;

(6) to enter into an agreement, contract, or other arrangement directly or indirectly with the Agency or Authority or with a private enterprise in furtherance of and in accordance with the provisions of ISTEA or the NHS Act, as applicable;

(7) to obtain insurance necessary or convenient to the exercise of the power granted in this subchapter;

(8) to engage accounting, management, legal, financial, consulting, and other professional services necessary to the conduct of the Program;

(9) to distribute the benefits conferred by this subchapter throughout the State.

(10) [Repealed.]

(b) In its administration of the Program as provided in this subchapter, the Program shall comply with applicable federal requirements under ISTEA and the NHS Act and other applicable federal programs. The Program shall not be authorized or empowered to be or to constitute a bank, trust company, or licensed lender under the jurisdiction or under the control of the Department of Financial Regulation or the Comptroller of the Currency or the Treasury Department of the United States, or to be or constitute a bank, banker, or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange, or securities dealers' law of the United States or Vermont.

(c) The Agency shall provide technical assistance to either the Board, Program, or the Vermont Economic Development Authority to ensure compliance pursuant to subsection (b) of this section.

(d) [Repealed.]
10 V.S.A. § 6615b — VT Code / Title 10 / Chapter 159 / Section 6615b
§ 6615b. Corrective action procedures
Status: in_force

Any person who is determined to be liable for the release or threatened release of a hazardous material as established in section 6615 of this title shall take all of the following actions to mitigate the effects of the release:

(1) Submit for approval by the Secretary a work plan for an investigation of the contaminated site. This shall be submitted within 30 days from either the date of the discharge or release or the date that the release was discovered if the date of the discharge or release is not known, or within a period of time established by an alternative schedule approved by the Secretary. The site investigation shall define the nature, degree, and extent of the contamination, and shall assess potential impacts on human health and the environment.

(2) Perform the site investigation within 90 days of receiving written approval of the work plan by the Secretary, or within a period of time established by an alternative schedule approved by the Secretary. A report detailing the findings of this work shall be sent to the Secretary for review.

(3) Submit a corrective action plan, within 30 days from the date of final acceptance of the site investigation report by the Secretary, or within a period of time established by an alternative schedule approved by the Secretary.

(4) Implement the corrective action plan within 90 days upon approval of the plan by the Secretary, or within a period of time established by an alternative schedule approved by the Secretary. The corrective action activity shall be continued until the contamination is remediated to levels approved by the Secretary. The Secretary may allow for the remediation of a site contaminated with a hazardous material without requiring certification and permitting under sections 556, 6605, and 6606 of this title, provided such activity will not, in the Secretary's opinion, adversely affect either public health and safety or the environment, and provided such activity is conducted in accordance with standards developed by the Secretary.

(5) Submit to the Secretary all investigative, corrective action, and monitoring reports, including all analytical results related to subdivisions (3)-(5) of this subsection, as they become available.
10 V.S.A. § 5001 — VT Code / Title 10 / Chapter 115 / Section 5001
§ 5001. Hunting dogs; field training
Status: in_force

(a) While accompanying the dog, a person may train a hunting dog to hunt and pursue:

(1) bear during the period from June 1 to September 15 and then only from sunrise to sunset;

(2) rabbits and game birds during the period from June 1 to the last Saturday in September and then only from sunrise to sunset;

(3) raccoon during the period from June 1 through any time of day or night on the day before the opening day of raccoon hunting season; and

(4) bobcat and fox during the period June 1 to March 15, except during regular deer season as prescribed in section 4741 of this title.

(b) The Commissioner may permit a person to train and condition a hunting dog between the second Monday in March and June 1. The Board may adopt rules as it considers necessary to control the training and conditioning of hunting dogs.

(c) A person training a hunting dog under this section may possess a handgun while training the hunting dog, provided that the person shall not take game by any method while training the hunting dog. As used in this section, “handgun” means a pistol or revolver that will expel a projectile by the action of an explosive.
10 V.S.A. § 7107 — VT Code / Title 10 / Chapter 164 / Section 7107
§ 7107. Discarded mercury-added products
Status: in_force

(a) Management of discarded mercury-added products. After July 1, 2007, discarded mercury-added products, except for mercury-added button cell batteries, products containing mercury-added button cell batteries as their only mercury-added components, and photographic film shall be managed as provided in this section.

(1) Disposal ban. No person shall knowingly dispose of mercury-added products in a solid waste landfill or combustor.

(2) Source separation. Except as otherwise provided by this section, every person who discards solid waste shall separate mercury-added products from that solid waste for management as hazardous waste or universal hazardous waste, according to all applicable State and federal rules or regulations. Any contractor who replaces or removes mercury-added products shall assure that any discarded mercury-added product is subject to proper separation and management as a hazardous waste or universal hazardous waste. Any contractor who replaces a mercury-containing thermostat from a building shall deliver the mercury-containing thermostat to an appropriate collection location for recycling.

(b) Facility requirements. Solid waste transfer, combustion facility, and landfill facility requirements:

(1) Disposal ban. Effective July 1, 2007, the owner and operator of a solid waste landfill, transfer station, or combustion facility shall not knowingly accept for disposal mercury-added products.

(2) Notification of disposal ban. Effective July 1, 2007, solid waste transfer facilities, solid waste combustion facilities, and landfill facilities shall implement the following minimum mechanisms to notify the public and haulers of the disposal ban:

(A) posting of clearly visible and easily read signs at the facility, providing notice of the prohibition of the disposal and combustion of mercury-added products; and

(B) providing customers information about collection programs, and facilities that are permitted to accept mercury-added products.

(c) Collection program.

(1) By December 1, 1998, every solid waste implementation plan of every solid waste management district or municipality having such a plan shall be amended to provide for:

(A) an informational effort to advise the public about labeled mercury-added products; and

(B) a collection program for the collection of mercury-added products identified in subsection (a) of this section.

(2) These amended plans shall be implemented by each solid waste management district or municipality by June 1, 1999. Components of these amended plans that are related to subdivisions (1)(A) and (B) of this subsection shall not be required to receive approval from the Agency of Natural Resources.

(d) Removal of mercury-added components. The Agency shall conduct a study and make recommendations for requirements to remove effectively and feasibly mercury-added components in products prior to disposal or recycling processes. This report shall identify removal and collection systems at public and private solid waste management facilities and salvage businesses, manufacturer-sponsored or operated collection and take-back programs, and other feasible programs. The Agency will identify costs mechanisms for financing such programs. The study shall address removal and collection of mercury-added components in automobiles and the collection of switches, relays, and gauges in home appliances, heating devices, and other equipment. The Agency shall report to the General Assembly no later than January 15, 2006.

(e) Exemption for certain federally regulated products. If a formulated mercury-added product is a cosmetic or pharmaceutical product subject to the federal Food and Drug Administration's regulatory requirements relating to mercury, the product is exempt from the requirements of this section.

(f) Exemption for solidified latex paint. Formulated mercury-added latex paint solidified for disposal is exempt from the requirements of this section.
10 V.S.A. § 8 — VT Code / Title 10 / Chapter 1 / Section 8
§ 8. Southern Vermont Economic Development Zone
Status: in_force

There is created the Southern Vermont Economic Development Zone, comprising the geographic areas served by the Brattleboro Development Credit Corporation and the Bennington County Industrial Corporation.
10 V.S.A. § 1621 — VT Code / Title 10 / Chapter 55 / Section 1621
§ 1621. Financial assistance
Status: in_force

A municipality that desires State financial assistance for construction, improvement, or expansion of water pollution abatement and control facilities may make application to the Department in accordance with this subchapter.
10 V.S.A. § 7718 — VT Code / Title 10 / Chapter 170 / Section 7718
§ 7718. Exemptions
Status: in_force

This subchapter shall not govern an application or petition for:

(1) an unsafe dam order under section 1095 of this title;

(2) a potable water supply and wastewater permit under subsection 1973(j) of this title;

(3) a hazardous waste facility certification under section 6606 of this title; and

(4) a certificate of need under section 6606a of this title.
10 V.S.A. § 328 — VT Code / Title 10 / Chapter 15A / Section 328
§ 328. Creation of the Sustainable Jobs Fund Program
Status: repealed

(a) There is created the Sustainable Jobs Fund Program to create quality jobs that are compatible with Vermont's natural and social environment.

(b) The Vermont Economic Development Authority shall incorporate a nonprofit corporation pursuant to the provisions of subdivision 216(14) of this title to administer the Sustainable Jobs Fund Program, and to fulfill the purposes of this chapter by means of loans or grants to eligible applicants for eligible activities, provided that any funds contributed to the Program by the Authority under subsection (c) of this section shall be used for lending purposes only.

(c)(1) Notwithstanding the provisions of subdivision 216(14) of this title, the Authority may contribute not more than $1,000,000.00 to the capital of the corporation formed under this section, and the Board of Directors of the corporation formed under this section shall consist of:

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

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

(C) a director appointed by the Governor; and

(D) eight independent directors, no more than two of whom shall be State government employees or officials, and who shall be selected as vacancies occur by vote of the existing directors from a list of names offered by a nominating committee of the Board created for that purpose.

(2)(A) Each independent director shall serve a term of three years or until his or her earlier resignation.

(B) A director may be reappointed, but no independent director and no director appointed by the Governor shall serve for more than three terms.

(C) The director appointed by the Governor shall serve at the pleasure of the Governor and may be removed at any time with or without cause.

(3) A director of the Board who is or is appointed by a State government official or employee shall not be eligible to hold the position of Chair, Vice Chair, Secretary, or Treasurer of the Board.

(d) [Repealed.]

(e) The Agency of Commerce and Community Development shall have the authority and responsibility for the administration and implementation of the Program.

(f) The Vermont Sustainable Jobs Fund Program shall work collaboratively with the Agency of Agriculture, Food and Markets to assist the Vermont slaughterhouse industry in supporting its efforts at productivity and sustainability.
10 V.S.A. § 4269 — VT Code / Title 10 / Chapter 105 / Section 4269
§ 4269. Fees for fur buyer's license
Status: in_force

The Commissioner may issue a license to a person that shall authorize him or her to engage in the business of buying furs or skins throughout the State while it remains in force. A person so licensed shall pay to the Commissioner the following fees:

(1) a fee of $25.00 if the applicant is a bona fide resident of the State;

(2) a fee of $50.00 if the applicant is a nonresident.
10 V.S.A. § 957 — VT Code / Title 10 / Chapter 39 / Section 957
§ 957. State contributions authorized
Status: in_force

The Department of Environmental Conservation may pay 100 percent or less of the nonfederal costs of projects under Public Law 83-566 for the following purposes:

(1) Flood prevention.

(2) Public recreation or fish and wildlife development.

(3) Storage for stream flow augmentation for multiple purposes. (1966, No. 27 (Sp. Sess.), § 3, eff. March 12, 1966; amended 1981, No. 222 (Adj. Sess.), § 19; 1987, No. 76, § 18.)
10 V.S.A. § 2503 — VT Code / Title 10 / Chapter 81 / Section 2503
§ 2503. Commission; membership-Article III
Status: in_force

Each state joining herein shall appoint three representatives to a commission hereby designated as the Northeastern Forest Fire Protection Commission. One shall be the state forester or officer holding an equivalent position in such state who is responsible for forest fire control. The second shall be a member of the legislature of such state designated by the commission or committee on interstate cooperation of such state, or if there be none, or if said commission on interstate cooperation cannot constitutionally designate the said member, such legislator shall be designated by the governor thereof; provided that if it is constitutionally impossible to appoint a legislator as a commissioner from such state, the second member shall be appointed by the governor of said state in his or her discretion. The third member shall be a person designated by the governor as the responsible representative of the governor. In the event that any province of the Dominion of Canada shall become a member of this Commission, it shall designate three members who will approximate this pattern of representation to the extent possible under the law and practices of such province. This Commission shall be a body corporate with the powers and duties set forth herein.
10 V.S.A. § 662 — VT Code / Title 10 / Chapter 27 / Section 662
§ 662. Allocation of funds
Status: in_force

(a) Within the limits of available funding, for every dollar raised by the private sector for travel promotion under the provisions of this chapter, the State will provide one dollar in matching funds to be allocated as follows:

(1) 75 percent of the State's dollar will be awarded as grants to approved travel promotion chamber or association programs.

(2) 25 percent of the State's dollar will go into the Vermont Department of Tourism and Marketing's promotion budget specifically for the purpose of executing an umbrella advertising campaign under which the private sector programs will operate.

(b) The minimum grant to be matched by any single travel promotion chamber or association is $1,000.00.

(c) The maximum grant to be matched by any single travel promotion chamber or association is $25,000.00.
10 V.S.A. § 6605c — VT Code / Title 10 / Chapter 159 / Section 6605c
§ 6605c. Solid waste categorical certifications
Status: in_force

(a) Notwithstanding sections 6605, 6605f, and 6611 of this title, no person may construct, substantially alter, or operate any categorical solid waste facility without first obtaining a certificate from the Secretary. Certificates shall be valid for a period not to exceed 10 years.

(b) The Secretary may, by rule, list certain solid waste categories as eligible for certification pursuant to this section:

(1) Solid waste categories to be deposited in a disposal facility shall not be a source of leachate harmful to human health or the environment.

(2) Solid waste categories to be managed in a composting facility shall not present an undue threat to human health or the environment.

(3) Recyclable materials either recycled or prepared for recycling at a recycling facility.

(c) Certifications for a solid waste management facility pursuant to this section where appropriate shall:

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

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

(3) Specify the projected amount and types of waste to be managed or disposed at the facility.

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

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

(e) This section shall not apply to the storage, treatment, or disposal of:

(1) Municipal solid waste.

(2) Sludge.

(3) Septage.

(4) Mineral processing waste. For purposes of this section, mineral processing waste means solid waste from an industrial or manufacturing facility that processes materials from a mining activity and where chemicals, as defined by the Secretary by rule, are intentionally added as a part of that processing.
10 V.S.A. § 705 — VT Code / Title 10 / Chapter 31 / Section 705
§ 705. Chair, quorum, compensation, surety bonds
Status: in_force

The Council shall designate its chair, and may, from time to time, change the designation. A member of the Council shall hold office so long as the member retains the office by virtue of serving on the Council. A majority of the Council shall constitute a quorum, and the concurrence of the majority in any matter within their duties shall be required for its determination. The members appointed by the Governor or the members representing each of the unions or their officially elected alternates shall receive compensation for services at a rate not to exceed the per diem rate as defined by 32 V.S.A. § 1010(b) for time spent on the work of the Council in addition to expenses, including traveling expenses, necessarily incurred in the discharge of the duties of the Council. The Council shall provide for the execution of surety bonds for all employees and officers entrusted with funds or property.
10 V.S.A. § 5009 — VT Code / Title 10 / Chapter 115 / Section 5009
§ 5009. Pursuing coyote with aid of dogs; landowner permission
Status: in_force

(a) A person shall not release a dog onto land posted in accordance with section 5201 of this title for the purpose of pursuing coyote with the aid of dogs unless the dog owner or handler of the hunting dog has obtained a courtesy permission card from the landowner or landowner's agent allowing the pursuit of coyote with the aid of dogs on the land.

(b) A person shall not release onto land a dog for the purpose of pursuing coyote with the aid of dogs if in the previous 365 days a dog had been previously found on the land, and the dog owner, a handler of the dog, or a person participating in the hunt has been personally informed by law enforcement that hunting dogs are not permitted on the property.

(c)(1) For a first offense, a person who violates this section shall have committed a minor fish and wildlife violation and shall be assessed a five-point violation under subdivision 4502(b)(1) of this title.

(2) For a second or subsequent violation of this section, a person shall be assessed a 10-point violation under subdivision 4502(b)(2) of this title and shall be fined under section 4515 of this title.
10 V.S.A. § 927 — VT Code / Title 10 / Chapter 37 / Section 927
§ 927. Developed Lands Implementation Program
Status: in_force

The Secretary shall administer a Developed Lands Implementation Program to provide financial assistance to persons who are required to obtain a permit to implement regulatory requirements that are necessary to achieve water quality standards. This program shall fund or provide financing for projects related to the permitting of impervious surface of three acres or more under subdivision 1264(g)(3) of this title and for a permit renewal under subdivision 1264(h)(2) of this title for a discharge to a stormwater-impaired water that was permitted under an individual permit or a general permit that did not incorporate the requirements of the 2002 Stormwater Management Manual or any subsequently adopted Stormwater Management Manual. Not more than 15 percent of the total grant amount awarded shall be used for administrative costs.