10 V.S.A. § 2612 — VT Code / Title 10 / Chapter 83 / Section 2612
§ 2612. Designation; Vermont Youth Conservation Corps, Inc
Status: repealed

(a) The Vermont Youth Conservation Corps, Inc. is designated the organization in the State to accept federal and State funds and private donations for the purpose of developing and maintaining the Vermont Youth Conservation Corps program.

(b) The Vermont Youth Conservation Corps, Inc. and the Department of Forests, Parks and Recreation shall enter into a management agreement for the purpose of managing and operating the program.

(c) [Repealed.]
10 V.S.A. § 585 — VT Code / Title 10 / Chapter 23 / Section 585
§ 585. Heating oil content; sulfur; biodiesel
Status: in_force

(a) Definitions. In this section:

(1) “Heating oil” means No. 2 distillate that meets the specifications or quality certification standard for use in residential, commercial, or industrial heating applications established by the American Society for Testing and Materials (ASTM).

(2) “Biodiesel” means monoalkyl esters derived from plant or animal matter that meet the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. § 7545), and the requirements of ASTM D6751-10.

(b) Sulfur content. Unless a requirement of this subsection is waived pursuant to subsection (e) of this section:

(1) On or before July 1, 2014, all heating oil sold within the State for residential, commercial, or industrial uses, including space and water heating, shall have a sulfur content of 500 parts per million or less.

(2) On or before July 1, 2018, all heating oil sold within the State for residential, commercial, or industrial uses, including space and water heating, shall have a sulfur content of 15 parts per million or less.

[Subsection (c) effective date delayed; see note set out below.]

(c) Biodiesel content. Unless a requirement of this subsection is waived pursuant to subsection (e) of this section, all heating oil sold within the State for residential, commercial, or industrial uses, including space and water heating, by volume shall:

(1) On or before July 1, 2012, contain at least three percent biodiesel.

(2) On or before July 1, 2015, contain at least five percent biodiesel.

(3) On or before July 1, 2016, contain at least seven percent biodiesel.

(d) Blending; certification. In the case of biodiesel and heating oil that has been blended by a dealer or seller of heating oil, the Secretary may allow the dealer or seller to demonstrate compliance with this section by providing documentation that the content of the blended fuel in each delivery load meets the requirements of this section.

(e) Temporary suspension. The Governor, by executive order, may temporarily suspend the implementation and enforcement of subsection (b) or (c) of this section if the Governor determines, after consulting with the Secretary and the Commissioner of Public Service, that meeting the requirements is not feasible due to an inadequate supply of the required fuel.

(f) Rules. The Secretary may adopt rules to implement this section. This section does not limit any authority of the Secretary to control the sulfur or biodiesel content of distillate or residual oils that do not constitute heating oil as defined in this section.
10 V.S.A. § 1971 — VT Code / Title 10 / Chapter 64 / Section 1971
§ 1971. Purpose
Status: in_force

It is the purpose of this chapter to:

(1) establish a comprehensive program to regulate the construction, replacement, modification, and operation of potable water supplies and wastewater systems in the State in order to protect human health and the environment, including potable water supplies, surface water, and groundwater;

(2) eliminate duplicative or unnecessary permitting requirements through the consolidation of existing authorities and, where appropriate, the use of permits by rule;

(3) allow the use of alternative, innovative, and experimental technologies for the treatment and disposal of wastewater in the appropriate circumstances;

(4) protect the investment of homeowners through a flexible remediation process for failed potable water supplies and wastewater systems;

(5) increase reliance on and the accountability of the private sector for the design and installation of potable water supplies and wastewater systems, through licensing and enforcement; and

(6) allow delegation of the permitting program created by this chapter to municipalities demonstrating the capacity to administer the chapter.
10 V.S.A. § 955 — VT Code / Title 10 / Chapter 39 / Section 955
§ 955. Apportionment of State funds
Status: in_force

The Department of Environmental Conservation may apportion among districts or agencies State funds available for maintenance and operation. Apportionment of State funds for this purpose by the Department shall be final.
10 V.S.A. § 6607 — VT Code / Title 10 / Chapter 159 / Section 6607
§ 6607. Transportation of hazardous wastes
Status: in_force

(a) In accordance with the Administrative Procedure Act, the Agency of Transportation, in consultation with the Secretary, shall issue rules for the transportation of hazardous wastes. Such rules shall be consistent with applicable rules issued by the U.S. Department of Transportation, and consistent with any rules and standards of this chapter.

(b) The provisions of this section shall apply equally to those persons transporting hazardous wastes generated by others and to those transporting hazardous wastes they have generated themselves, or combinations thereof, as well as persons transporting hazardous wastes through the State of Vermont.

(c) For purposes of their transportation, the following, in waste or usable form, shall not be considered hazardous wastes, but shall be handled as solid waste: mercury-added consumer products, pesticides, paint (whether water based or oil based), paint thinner, paint remover, stains, and varnishes. This exclusion shall not apply with respect to hazardous wastes that are regulated under federal law.
10 V.S.A. § 4141 — VT Code / Title 10 / Chapter 103 / Section 4141
§ 4141. Public and private waters, powers as to; private preserve or propagation farm, filing notice of intent
Status: in_force

Waters, except closed waters, stocked by the Commissioner, thereafter shall be treated as public waters, but he or she may prohibit fishing therein for a period of not exceeding five years and notice thereof shall be given in the manner provided in section 4139 of this title. A person who might otherwise make the same a private preserve or propagation farm may do so at the expiration of five years from the date of filing with the Commissioner a written notice of such intent. Such notice shall contain a description of the waters, or part thereof, intended to be made a private preserve or propagation farm and shall be kept on file by the Commissioner.
10 V.S.A. § 1653 — VT Code / Title 10 / Chapter 55 / Section 1653
§ 1653. Eligibility
Status: in_force

For the purposes of this subchapter, the Department, when acting on behalf of a municipality, is an eligible applicant for funds available under this chapter. Eligible planning and construction costs shall include the cost to the Department of undertaking these services on behalf of the municipality; however, in no case shall the Department administration charges exceed two percent of the project cost. Nothing in this subchapter shall relieve a municipality of its duty to provide the land required for the project or to contribute funds toward the cost of the project as otherwise required by law.
10 V.S.A. § 6086 — VT Code / Title 10 / Chapter 151 / Section 6086
§ 6086. Issuance of permit; conditions and criteria.
Status: in_force

(a) Before granting a permit, the District Commission shall find that the subdivision or development:

(1) Will not result in undue water or air pollution. In making this determination it shall at least consider: the elevation of land above sea level; and in relation to the flood plains, the nature of soils and subsoils and their ability to adequately support waste disposal; the slope of the land and its effect on effluents; the availability of streams for disposal of effluents; and the applicable Health and Environmental Conservation Department regulations.

(A) Headwaters. A permit will be granted whenever it is demonstrated by the applicant that, in addition to all other applicable criteria, the development or subdivision will meet any applicable Health and Environmental Conservation Department regulation regarding reduction of the quality of the ground or surface waters flowing through or upon lands which are not devoted to intensive development, and which lands are:

(i) headwaters of watersheds characterized by steep slopes and shallow soils; or

(ii) drainage areas of 20 square miles or less; or

(iii) above 1,500 feet elevation; or

(iv) watersheds of public water supplies designated by the Agency of Natural Resources; or

(v) areas supplying significant amounts of recharge waters to aquifers.

(B) Waste disposal. A permit will be granted whenever it is demonstrated by the applicant that, in addition to all other applicable criteria, the development or subdivision will meet any applicable Health and Environmental Conservation Department regulations regarding the disposal of wastes, and will not involve the injection of waste materials or any harmful or toxic substances into ground water or wells.

(C) Water conservation. A permit will be granted whenever it is demonstrated by the applicant that, in addition to all other applicable criteria, the design has considered water conservation, incorporates multiple use or recycling where technically and economically practical, utilizes the best available technology for such applications, and provides for continued efficient operation of these systems.

(D) Flood hazard areas; river corridors. A permit will be granted whenever it is demonstrated by the applicant that, in addition to all other applicable criteria, the development or subdivision of lands within a flood hazard area or river corridor will not restrict or divert the flow of floodwaters; cause or contribute to fluvial erosion; and endanger the health, safety, and welfare of the public or of riparian owners during flooding.

(E) Streams. A permit will be granted whenever it is demonstrated by the applicant that, in addition to all other applicable criteria, the development or subdivision of lands on or adjacent to the banks of a stream will, whenever feasible, maintain the natural condition of the stream, and will not endanger the health, safety, or welfare of the public or of adjoining landowners.

(F) Shorelines. A permit will be granted whenever it is demonstrated by the applicant that, in addition to all other criteria, the development or subdivision of shorelines must of necessity be located on a shoreline in order to fulfill the purpose of the development or subdivision, and the development or subdivision will, insofar as possible and reasonable in light of its purpose:

(i) retain the shoreline and the waters in their natural condition;

(ii) allow continued access to the waters and the recreational opportunities provided by the waters;

(iii) retain or provide vegetation which will screen the development or subdivision from the waters; and

(iv) stabilize the bank from erosion, as necessary, with vegetation cover.

(G) Wetlands. A permit will be granted whenever it is demonstrated by the applicant, in addition to other criteria, that the development or subdivision will not violate the rules of the Secretary of Natural Resources, as adopted under chapter 37 of this title, relating to significant wetlands.

(2) Does have sufficient water available for the reasonably foreseeable needs of the subdivision or development.

(3) Will not cause an unreasonable burden on an existing water supply, if one is to be utilized.

(4) Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result.

(5)(A) Will not cause unreasonable congestion or unsafe conditions with respect to use of the highways, waterways, railways, airports and airways, and other means of transportation existing or proposed.

(B) As appropriate, will incorporate transportation demand management strategies and provide safe access and connections to adjacent lands and facilities and to existing and planned pedestrian, bicycle, and transit networks and services. In determining appropriateness under this subdivision (B), the District Commission shall consider whether such a strategy, access, or connection constitutes a measure that a reasonable person would take given the type, scale, and transportation impacts of the proposed development or subdivision.

(6) Will not cause an unreasonable burden on the ability of a municipality to provide educational services.

(7) Will not place an unreasonable burden on the ability of the local governments to provide municipal or governmental services.

[Subdivision (a)(8) effective until December 31, 2026; see also subdivision (a)(8) effective December 31, 2026 set out below.]

(8) Will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, or rare and irreplaceable natural areas.

(A) Necessary wildlife habitat and endangered species. A permit will not be granted if it is demonstrated by any party opposing the applicant that a development or subdivision will destroy or significantly imperil necessary wildlife habitat or any endangered species; and

(i) the economic, social, cultural, recreational, or other benefit to the public from the development or subdivision will not outweigh the economic, environmental, or recreational loss to the public from the destruction or imperilment of the habitat or species; or

(ii) all feasible and reasonable means of preventing or lessening the destruction, diminution, or imperilment of the habitat or species have not been or will not continue to be applied; or

(iii) a reasonably acceptable alternative site is owned or controlled by the applicant which would allow the development or subdivision to fulfill its intended purpose.

[Subdivision (a)(8) effective December 31, 2026; see also subdivision (a)(8) effective until December 31, 2026 set out above.]

(8) Ecosystem protection; scenic beauty; historic sites.

(A) Scenic beauty, historic sites, and rare and irreplaceable natural areas. Will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, or rare and irreplaceable natural areas.

(B) Necessary wildlife habitat and endangered species. A permit will not be granted if it is demonstrated by any party opposing the applicant that a development or subdivision will destroy or significantly imperil necessary wildlife habitat or any endangered species:

(i) the economic, social, cultural, recreational, or other benefit to the public from the development or subdivision will not outweigh the economic, environmental, or recreational loss to the public from the destruction or imperilment of the habitat or species;

(ii) all feasible and reasonable means of preventing or lessening the destruction, diminution, or imperilment of the habitat or species have not been or will not continue to be applied; or

(iii) a reasonably acceptable alternative site is owned or controlled by the applicant which would allow the development or subdivision to fulfill its intended purpose.

(C) Forest blocks and habitat connectors. A permit will not be granted for a development or subdivision within or partially within a forest block or habitat connector unless the applicant demonstrates that a project will not result in an undue adverse impact on the forest block or habitat connector. If a project as proposed would result in an undue adverse impact, a permit may only be granted if effects are avoided, minimized, or mitigated as allowed in accordance with rules adopted by the Board.

(9) Is in conformance with a duly adopted capability and development plan, and land use plan when adopted. However, the legislative findings of subdivisions 7(a)(1) through (19) of Act 85 of 1973 shall not be used as criteria in the consideration of applications by a District Commission.

(A) Impact of growth. In considering an application, the District Commission shall take into consideration the growth in population experienced by the town and region in question and whether or not the proposed development would significantly affect their existing and potential financial capacity to reasonably accommodate both the total growth and the rate of growth otherwise expected for the town and region and the total growth and rate of growth which would result from the development if approved. After considering anticipated costs for education, highway access and maintenance, sewage disposal, water supply, police and fire services, and other factors relating to the public health, safety, and welfare, the District Commission shall impose conditions which prevent undue burden upon the town and region in accommodating growth caused by the proposed development or subdivision. Notwithstanding section 6088 of this title, the burden of proof that proposed development will significantly affect existing or potential financial capacity of the town and region to accommodate such growth is upon any party opposing an application, excepting however, where the town has a duly adopted capital improvement program the burden shall be on the applicant.

(B) Primary agricultural soils. A permit will be granted for the development or subdivision of primary agricultural soils only when it is demonstrated by the applicant that, in addition to all other applicable criteria, either, the subdivision or development will not result in any reduction in the agricultural potential of the primary agricultural soils; or:

(i) the development or subdivision will not significantly interfere with or jeopardize the continuation of agriculture or forestry on adjoining lands or reduce their agricultural or forestry potential;

(ii) except in the case of an application for a project located in a designated area listed in subdivision 6093(a)(1) of this title, there are no lands other than primary agricultural soils owned or controlled by the applicant which are reasonably suited to the purpose of the development or subdivision;

(iii) except in the case of an application for a project located in a designated area listed in subdivision 6093(a)(1) of this title, the subdivision or development has been planned to minimize the reduction of agricultural potential of the primary agricultural soils through innovative land use design resulting in compact development patterns, so that the remaining primary agricultural soils on the project tract are capable of supporting or contributing to an economic or commercial agricultural operation; and

(iv) suitable mitigation will be provided for any reduction in the agricultural potential of the primary agricultural soils caused by the development or subdivision, in accordance with section 6093 of this title and rules adopted by the Land Use Review Board.

(C) Productive forest soils. A permit will be granted for the development or subdivision of productive forest soils only when it is demonstrated by the applicant that, in addition to all other applicable criteria, either, the subdivision or development will not result in any reduction in the potential of those soils for commercial forestry; or:

(i) the development or subdivision will not significantly interfere with or jeopardize the continuation of agriculture or forestry on adjoining lands or reduce their agricultural or forestry potential; and

(ii) except in the case of an application for a project located in a designated growth center, there are no lands other than productive forest soils owned or controlled by the applicant which are reasonably suited to the purpose of the development or subdivision; and

(iii) except in the case of an application for a project located in a designated growth center, the subdivision or development has been planned to minimize the reduction of the potential of those productive forest soils through innovative land use design resulting in compact development patterns, so that the remaining forest soils on the project tract may contribute to a commercial forestry operation.

(D) Earth resources. A permit will be granted whenever it is demonstrated by the applicant, in addition to all other applicable criteria, that the development or subdivision of lands with high potential for extraction of mineral or earth resources, will not prevent or significantly interfere with the subsequent extraction or processing of the mineral or earth resources.

(E) Extraction of earth resources. A permit will be granted for the extraction or processing of mineral and earth resources, including fissionable source material:

(i) When it is demonstrated by the applicant that, in addition to all other applicable criteria, the extraction or processing operation and the disposal of waste will not have an unduly harmful impact upon the environment or surrounding land uses and development; and

(ii) Upon approval by the District Commission of a site rehabilitation plan that ensures that upon completion of the extracting or processing operation the site will be left by the applicant in a condition suited for an approved alternative use or development. A permit will not be granted for the recovery or extraction of mineral or earth resources from beneath natural water bodies or impoundments within the State, except that gravel, silt, and sediment may be removed pursuant to the rules of the Agency of Natural Resources, and natural gas and oil may be removed pursuant to the rules of the Natural Gas and Oil Resources Board.

(F) Energy conservation. A permit will be granted when it has been demonstrated by the applicant that, in addition to all other applicable criteria, the planning and design of the subdivision or development reflect the principles of energy conservation, including reduction of greenhouse gas emissions from the use of energy, and incorporate the best available technology for efficient use or recovery of energy. An applicant seeking an affirmative finding under this criterion shall provide evidence that the subdivision or development complies with the applicable building energy standards under 30 V.S.A. § 51 or 53.

(G) Private utility services. A permit will be granted for a development or subdivision which relies on privately owned utility services or facilities, including central sewage or water facilities and roads, whenever it is demonstrated by the applicant that, in addition to all other applicable criteria, the privately owned utility services or facilities are in conformity with a capital program or plan of the municipality involved, or adequate surety is provided to the municipality and conditioned to protect the municipality in the event that the municipality is required to assume the responsibility for the services or facilities.

(H) Costs of scattered development. The District Commission will grant a permit for a development or subdivision which is not physically contiguous to an existing settlement whenever it is demonstrated that, in addition to all other applicable criteria, the additional costs of public services and facilities caused directly or indirectly by the proposed development or subdivision do not outweigh the tax revenue and other public benefits of the development or subdivision such as increased employment opportunities or the provision of needed and balanced housing accessible to existing or planned employment centers.

(J) Public utility services. A permit will be granted for a development or subdivision whenever it is demonstrated that, in addition to all other applicable criteria, necessary supportive governmental and public utility facilities and services are available or will be available when the development is completed under a duly adopted capital program or plan, an excessive or uneconomic demand will not be placed on such facilities and services, and the provision of such facilities and services has been planned on the basis of a projection of reasonable population increase and economic growth.

(K) Development affecting public investments. A permit will be granted for the development or subdivision of lands adjacent to governmental and public utility facilities, services, and lands, including highways, airports, waste disposal facilities, office and maintenance buildings, fire and police stations, universities, schools, hospitals, prisons, jails, electric generating and transmission facilities, oil and gas pipe lines, parks, hiking trails and forest and game lands, when it is demonstrated that, in addition to all other applicable criteria, the development or subdivision will not unnecessarily or unreasonably endanger the public or quasi-public investment in the facility, service, or lands, or materially jeopardize or interfere with the function, efficiency, or safety of, or the public's use or enjoyment of or access to the facility, service, or lands.

(L) Settlement patterns. To promote Vermont's historic settlement pattern of compact village and urban centers separated by rural countryside, a permit will be granted for a development or subdivision outside an existing settlement when it is demonstrated by the applicant that, in addition to all other applicable criteria, the development or subdivision:

(i) will make efficient use of land, energy, roads, utilities, and other supporting infrastructure; and

(ii)(I) will not contribute to a pattern of strip development along public highways; or

(II) if the development or subdivision will be confined to an area that already constitutes strip development, will incorporate infill as defined in 24 V.S.A. § 2791 and is designed to reasonably minimize the characteristics listed in the definition of strip development under subdivision 6001(36) of this title.

(10) Is in conformance with any duly adopted local or regional plan or capital program under 24 V.S.A. chapter 117. In making this finding, if the District Commission finds applicable provisions of the town plan to be ambiguous, the District Commission, for interpretive purposes, shall consider bylaws, but only to the extent that they implement and are consistent with those provisions, and need not consider any other evidence.

(b) At the request of an applicant, or upon its own motion, the District Commission shall consider whether to review any criterion or group of criteria of subsection (a) of this section before proceeding to or continuing to review other criteria. This request or motion may be made at any time prior to or during the proceedings. The District Commission, in its sole discretion, shall, within 20 days of the completion of deliberations on the criteria that are the subject of the request or motion, either issue its findings and decision thereon, or proceed to a consideration of the remaining criteria.

(c)(1) Permit conditions. A permit may contain such requirements and conditions as are allowable proper exercise of the police power and that are appropriate within the respect to subdivisions (a)(1) through (10) of this section, including those set forth in 24 V.S.A. §§ 4414(4), 4424(a)(2), 4414(1)(D)(i), 4463(b), and 4464, the dedication of lands for public use, and the filing of bonds to ensure compliance. The requirements and conditions incorporated from Title 24 may be applied whether or not a local plan has been adopted. General requirements and conditions may be established by rule of the Land Use Review Board.

(2) Permit conditions on a wood products manufacturer.

(A) When issuing a permit with conditions on wood products manufacturing and delivery, the District Commission shall account for the seasonal, weather-dependent, land-dependent, and varied conditions unique to the industry.

(B) A permit condition that sets hours of operation for a wood products manufacturer shall only be imposed to mitigate an impact under subdivision (a)(1), (5), or (8) of this section. If an adverse impact would result, a permit with conditions shall allow the manufacturer to operate while allowing for flexible timing of deliveries of wood products from forestry operations to the manufacturer outside permitted hours of operation, including nights, weekends, and holidays, for the number of days demonstrated by the manufacturer as necessary to enable deliveries, not to exceed 90 days per year.

(C) Permit with conditions on the delivery of wood heat fuels. A permit with conditions issued to a wood products manufacturer that produces wood chips, pellets, cord wood, or other fuel wood used for heat shall allow for flexible delivery of that fuel wood from the manufacturer to the end user outside permitted hours of operation, including nights, weekends, and holidays, from October 1 through April 30 of each year. Permits with conditions shall mitigate the undue adverse impacts while enabling deliveries by the manufacturer.

(D) Permit amendments. A wood products manufacturer holding a permit may request an amendment to existing permit conditions related to hours of operation and seasonal restrictions to be consistent with subdivisions (B) and (C) of this subsection (c). Requests for condition amendments under this subsection shall not be subject to Act 250 Rule 34(E).

(d) The Land Use Review Board may by rule allow the acceptance of a permit or permits or approval of any State agency with respect to subdivisions (a)(1) through (5) of this section or a permit or permits of a specified municipal government with respect to subdivisions (a)(1) through (7) and (9) and (10) of this section, or a combination of such permits or approvals, in lieu of evidence by the applicant. A District Commission, in accordance with rules adopted by the Board, shall accept determinations issued by a development review board under the provisions of 24 V.S.A. § 4420, with respect to local Act 250 review of municipal impacts. The acceptance of such approval, positive determinations, permit, or permits shall create a presumption that the application is not detrimental to the public health and welfare with respect to the specific requirement for which it is accepted. In the case of approvals and permits issued by the Agency of Natural Resources, technical determinations of the Agency shall be accorded substantial deference by the Commissions. The acceptance of negative determinations issued by a development review board under the provisions of 24 V.S.A. § 4420, with respect to local Act 250 review of municipal impacts, shall create a presumption that the application is detrimental to the public health and welfare with respect to the specific requirement for which it is accepted. Any determinations, positive or negative, under the provisions of 24 V.S.A. § 4420 shall create presumptions only to the extent that the impacts under the criteria are limited to the municipality issuing the decision. Such a rule may be revoked or amended pursuant to the procedures set forth in 3 V.S.A. chapter 25, the Vermont Administrative Procedure Act. The rules adopted by the Board shall not approve the acceptance of a permit or approval of such an agency or a permit of a municipal government unless it satisfies the appropriate requirements of subsection (a) of this section.

(e) This subsection shall apply with respect to a development that consists of the construction of temporary physical improvements for the purpose of producing films, television programs, or advertisements. These improvements shall be considered “temporary improvements” if they remain in place for less than one year, unless otherwise extended by the permit or a permit amendment, and will not cause a long-term adverse impact under any of the 10 criteria after completion of the project. In situations where this subsection applies, jurisdiction under this chapter shall not continue after the improvements are no longer in place and the conditions in the permit have been met, provided there is not a long-term adverse impact under any of the 10 criteria after completion of the project; except, however, if jurisdiction is otherwise established under this chapter, this subsection shall not remove jurisdiction. This termination of jurisdiction in these situations does not represent legislative intent with respect to continuing jurisdiction over other types of development not specified in this subsection.

(f) Prior to any appeal of a permit issued by a District Commission, any aggrieved party may file a request for a stay of construction with the District Commission together with a declaration of intent to appeal the permit. The stay request shall be automatically granted for 14 days upon receipt and notice to all parties and pending a ruling on the merits of the stay request pursuant to Board rules. The automatic stay shall not extend beyond the 30-day appeal period unless a valid appeal has been filed with the Environmental Division. The automatic stay may be granted only once under this subsection during the 30-day appeal period. Following appeal of the District Commission decision, any stay request must be filed with the Environmental Division pursuant to the provisions of chapter 220 of this title. A District Commission shall not stay construction authorized by a permit processed under the Board's minor application procedures.

(g) If a municipality fails to respond to a request by the applicant within 90 days as to the impacts related to subdivision (a)(6) or (7) of this section, the application will be presumed not to have an unreasonable burden on educational, municipal, or governmental services.

(h) Compliance self-certification. The District Commission may require that a person who receives a permit under this chapter report on a regular schedule to the District Commission on whether or not the person has complied with and is in compliance with the conditions required in that permit. The report shall be made on a form provided by the Board and contain a self-certification to the truth of statements.
10 V.S.A. § 1253 — VT Code / Title 10 / Chapter 47 / Section 1253
§ 1253. Classification of waters designated; reclassification
Status: in_force

(a) The waters of all lakes, ponds, and reservoirs, natural or artificial, used exclusively as a public water source prior to July 1, 1971, and all waters flowing into such lakes, ponds, and reservoirs, and all waters located above 2,500 feet altitude, National Geodetic Vertical Datum, are designated Class A waters and shall be maintained as such unless reclassified.

(b) The remaining waters are designated Class B(2) waters and shall be maintained as such unless reclassified.

(c) On its own motion, or on receipt of a written request that the Secretary adopt, amend, or repeal a reclassification rule, the Secretary shall comply with 3 V.S.A. § 806 and may initiate a rulemaking proceeding to reclassify one or more uses of all or any portion of the affected waters in the public interest. In the course of this proceeding, the Secretary shall comply with the provisions of 3 V.S.A. chapter 25 and may hold a public hearing convenient to the waters in question. If the Secretary finds that the established classification is contrary to the public interest and that reclassification is in the public interest, he or she shall file a final proposal of reclassification in accordance with 3 V.S.A. § 841. If the Secretary finds that it is in the public interest to change the classification of any pond, lake, or reservoir designated as Class A for a public water source, the Secretary shall so advise and consult with the Department of Health and shall provide in its reclassification rule a reasonable period of time before the rule becomes effective. During that time, any municipalities or persons whose water source is affected shall construct filtration and disinfection facilities or convert to a new water source.

(d)(1) Through the process of basin planning, the Secretary shall determine what degree of water quality and classification should be obtained and maintained for those waters not classified by the Board before 1981 following the procedures in sections 1254 and 1258 of this title. Those waters shall be classified in the public interest. The Secretary shall prepare and maintain an overall surface water management plan to assure that the State water quality standards are met in all State waters. The surface water management plan shall include a schedule for updating the basin plans. The Secretary, in consultation with regional planning commissions and the Natural Resources Conservation Council, shall revise all 15 basin plans and update the basin plans on a five-year rotating basis. On or before January 15 of each year, the Secretary shall report to the House Committees on Agriculture, Food Resiliency, and Forestry and on Environment and to the Senate Committees on Agriculture and on Natural Resources and Energy regarding the progress made and difficulties encountered in revising basin plans. The report shall include a summary of basin planning activities in the previous calendar year, a schedule for the production of basin plans in the subsequent calendar year, and a summary of actions to be taken over the subsequent three years. 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.

(2) In developing a basin plan under this subsection, the Secretary shall:

(A) identify waters that should be reclassified outstanding resource waters or that should have one or more uses reclassified under section 1252 of this title;

(B) identify wetlands that should be reclassified as Class I wetlands;

(C) identify projects or activities within a basin that will result in the protection and enhancement of water quality;

(D) review the evaluations performed by the Secretary under subdivisions 922(a)(1) and (2) of this title and update those findings based on any new data collected as part of a basin plan;

(E) for projects in the basin that will result in enhancement of resources, including those that protect high quality waters of significant natural resources, the Secretary shall identify the funding needs beyond those currently funded by the Clean Water Fund;

(F) ensure that municipal officials, citizens, natural resources conservation districts, regional planning commissions, watershed groups, and other interested groups and individuals are involved in the basin planning process;

(G) ensure regional and local input in State water quality policy development and planning processes;

(H) provide education to municipal officials and citizens regarding the basin planning process;

(I) develop, in consultation with the regional planning commission, an analysis and formal recommendation on conformance with the goals and objectives of applicable regional plans;

(J) provide for public notice of a draft basin plan;

(K) provide for the opportunity of public comment on a draft basin plan; and

(L) identify opportunities to mitigate impacts of severe precipitation events on communities through implementation of nature-based restoration projects or practices that increase natural flood water attenuation and storage.

(3) The Secretary shall, contingent upon the availability of funding, negotiate and issue performance grants to the Vermont Association of Planning and Development Agencies or its designee, the Natural Resources Conservation Council or its designee, and to Watersheds United Vermont or its designee to assist in or to produce a basin plan under the schedule set forth in subdivision (1) of this subsection in a manner consistent with the authority of regional planning commissions under 24 V.S.A. chapter 117 and the authority of the natural resources conservation districts under chapter 31 of this title. When negotiating a scope of work with the Vermont Association of Planning and Development Agencies or its designee, the Natural Resources Conservation Council or its designee, and Watersheds United Vermont or its designee to assist in or produce a basin plan, the Secretary may require the Vermont Association of Planning and Development Agencies, the Natural Resources Conservation Council, or Watersheds United Vermont to:

(A) conduct any of the activities required under subdivision (2) of this subsection (d);

(B) provide technical assistance and data collection activities to inform municipal officials and the State in making water quality investment decisions;

(C) coordinate municipal planning and adoption or implementation of municipal development regulations better to meet State water quality policies and investment priorities; or

(D) assist the Secretary in implementing a project evaluation process to prioritize water quality improvement projects within the region to ensure cost-effective use of State and federal funds.

(e) In determining the question of public interest, the Secretary shall give due consideration to, and explain his or her decision with respect to, the following:

(1) existing and obtainable water qualities;

(2) existing and potential use of waters as a public water source, recreational, agricultural, industrial, and other legitimate purposes;

(3) natural sources of pollution;

(4) public and private pollution sources and the alternative means of abating the same;

(5) consistency with the State water quality policy established in section 1250 of this title;

(6) suitability of waters as habitat for fish, aquatic life, and wildlife;

(7) need for and use of minimum streamflow requirements;

(8) federal requirements for classification and management of waters;

(9) consistency with applicable municipal, regional, and State plans; and

(10) any other factors relevant to determine the maximum beneficial use and enjoyment of waters.

(f) Notwithstanding the provisions of subsection (c) of this section, when reclassifying waters to Class A, the Secretary need find only that the reclassification is in the public interest.

(g) The Secretary under the reclassification rule may grant permits for only a portion of the assimilative capacity of the receiving waters or may permit only indirect discharges from on-site disposal systems, or both.

[Subsection (h) effective upon amendment of Vermont Water Quality Standards.]

(h)(1) The Secretary shall administer a Clean Water Act Section 401 certification program to review activities that require a federal license or permit or activities subject to regulation under chapter 41, subchapter 4 of this title to ensure that a proposed activity complies with the Vermont Water Quality Standards, as well as with any other appropriate requirement of State law, including:

(A) 10 V.S.A. chapter 37 (wetlands protection and water resources management);

(B) 10 V.S.A. chapter 41 (regulation of stream flow);

(C) 10 V.S.A. § 1264 (stormwater management);

(D) 29 V.S.A. chapter 11 (management of lakes and ponds); and

(E) the Agency of Natural Resources Rules for Water Withdrawals for Snowmaking.

(2) The Secretary of Natural Resources shall not grant an application for certification under Section 401 of the Clean Water Act unless the applicant demonstrates all of the following:

(A) there is no practicable alternative to the proposed activity that would have a less adverse impact on waters and wetlands of the State and provided that any proposed alternative shall not have other significant adverse human health, safety, or environmental consequences;

(B) the proposed activity will not result in the violation of any applicable water quality criteria established in the Vermont Water Quality Standards; and

(C) the proposed activity will not result in a violation of the State's antidegradation policy.

(3)(A) An alternative is considered practicable under subdivision (2)(A) of this subsection (h) if it is available and capable of being completed after taking into consideration cost, existing technology, and logistics in light of overall purposes of the proposed activity.

(B) Failure to comply with the requirements of subdivision (2)(A) of this subsection (h) shall not be the basis for denial of an application for a certification under Section 401 of the Clean Water Act if the proposed activity is exempt from those requirements under a rule adopted by the Secretary.

(4) The Secretary may issue a certification required by this subsection to any general permit or authorization issued by a federal agency. An applicant's compliance with that federal permit or authorization shall be presumed to be in compliance with the certification unless the Secretary determines that an individual review of the applicant's activity is necessary to assure compliance with the Vermont Water Quality Standards and other appropriate State laws.
10 V.S.A. § 6001 — VT Code / Title 10 / Chapter 151 / Section 6001
§ 6001. Definitions
Status: repealed

As used in this chapter:

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

(2) “Capability and Development Plan” means the Plan prepared pursuant to section 6042 of this title.

(3)(A) “Development” means each of the following:

(i) The construction of improvements on a tract or tracts of land, owned or controlled by a person, involving more than 10 acres of land within a radius of five miles of any point on any involved land, for commercial or industrial purposes in a municipality that has adopted permanent zoning and subdivision bylaws.

(ii) The construction of improvements on a tract or tracts of land, owned or controlled by a person, involving more than one acre of land within a radius of five miles of any point on any involved land, for commercial or industrial purposes in a municipality that has not adopted permanent zoning and subdivision bylaws.

(iii) The construction of improvements for commercial or industrial purposes on a tract or tracts of land, owned or controlled by a person, involving more than one acre of land within a municipality that has adopted permanent zoning and subdivision bylaws, if the municipality in which the proposed project is located has elected by ordinance, adopted under 24 V.S.A. chapter 59, to have this jurisdiction apply.

(iv) The construction of housing projects such as cooperatives, condominiums, or dwellings, or construction or maintenance of mobile homes or mobile home parks, with 10 or more units, constructed or maintained on a tract or tracts of land, owned or controlled by a person, within a radius of five miles of any point on any involved land and within any continuous period of five years. However:

(I) A priority housing project shall constitute a development under this subdivision (iv) only if the number of housing units in the project is:

(aa) [Repealed.]

(bb) [Repealed.]

(cc) 75 or more, in a municipality with a population of 6,000 or more but less than 10,000.

(dd) 50 or more, in a municipality with a population of less than 6,000.

(ee) [Repealed.]

(ff) Notwithstanding subdivisions (cc) through (ee) of this subdivision (3)(A)(iv)(I), 10 or more if the construction involves the demolition of one or more buildings that are listed on or eligible to be listed on the State or National Register of Historic Places. However, demolition shall not be considered to create jurisdiction under this subdivision (ff) if the Division for Historic Preservation has determined that the proposed demolition will have no adverse effect, will have no adverse effect if specified conditions are met, or will have an adverse effect that will be adequately mitigated. Any imposed conditions shall be enforceable through a grant condition, deed covenant, or other legally binding document.

(II) The determination of jurisdiction over a priority housing project shall count only the housing units included in that discrete project.

(III) Housing units in a priority housing project shall not count toward determining jurisdiction over any other project.

(v) The construction of improvements on a tract of land involving more than 10 acres that is to be used for municipal, county, or State purposes. In computing the amount of land involved, land shall be included that is incident to the use, such as lawns, parking areas, roadways, leaching fields, and accessory buildings.

[Subdivision (3)(A)(vi) effective until December 31, 2026; see also subdivision (3)(A)(vi) effective December 31, 2026 set out below.]

(vi) The construction of improvements for commercial, industrial or residential use above the elevation of 2,500 feet.

[Subdivision (3)(A)(vi) effective December 31, 2026; see also subdivision (3)(A)(vi) effective until December 31, 2026 set out above.]

(vi) The construction of improvements for commercial, industrial, or residential use at or above the elevation of 2,500 feet.

(vii) Exploration for fissionable source materials beyond the reconnaissance phase or the extraction or processing of fissionable source material.

(viii) The drilling of an oil and gas well.

(ix) Any support structure proposed for construction that is primarily for communication or broadcast purposes and that will extend vertically 20 feet or more above the highest point of an attached existing structure, or 50 feet or more above ground level in the case of a proposed new support structure, in order to transmit or receive communication signals for commercial, industrial, municipal, county, or State purposes, independently of the acreage involved.

(I) Under this subdivision (ix):

(aa) the word “development” shall also include the construction of improvements ancillary to the support structure, including buildings, broadcast or communication equipment, foundation pads, cables, wires, antennas or hardware, and all means of ingress and egress to the support structure; and

(bb) the word “development” shall not include future improvements that are not ancillary to the support structure and do not involve an additional support structure, unless they would otherwise be considered a development under this subdivision (3).

(II) The criteria and procedures for obtaining a permit for a development under this subdivision (ix) shall be the same as for any other development;

(x) Any withdrawal of more than 340,000 gallons of groundwater per day from any well or spring on a single tract of land or at a place of business, independently of the acreage of the tract of land or place of business, if the withdrawal requires a permit under section 1418 of this title or is by a bottled water facility regulated under chapter 56 of this title.

(xi) [Repealed.]

[Subdivision (3)(A)(xii) effective July 1, 2026.]

(xii) The construction of a road or roads and any associated driveways to provide access to or within a tract of land owned or controlled by a person. For the purposes of determining jurisdiction under this subdivision, any new development or subdivision on a parcel of land that will be provided access by the road and associated driveways is land involved in the construction of the road.

(I) Jurisdiction under this subdivision shall not apply unless the length of any single road is greater than 800 feet, or the length of all roads and any associated driveways in combination is greater than 2,000 feet.

(II) As used in this subdivision (xii), “roads” include any new road or improvement to a class 4 town highway by a person other than a municipality, including roads that will be transferred to or maintained by a municipality after their construction or improvement. Routine maintenance and minor repairs of a Class 4 highway shall not constitute an “improvement.” Routine maintenance shall include replacing a culvert or ditch, applying new stone, grading, or making repairs after adverse weather. Routine maintenance shall not include changing the size of the road, changing the location or layout of the road, or adding pavement.

(III) For the purpose of determining the length of any road and associated driveways, the length of all other roads and driveways within the tract of land constructed after July 1, 2026 shall be included.

(IV) This subdivision (xii) shall not apply to:

(aa) a State or municipal road, a utility corridor of an electric transmission or distribution company, or a road used primarily for farming or forestry purposes;

(bb) development within a Tier 1A area established in accordance with section 6034 of this title or a Tier 1B area established in accordance with section 6033 of this title; and

(cc) improvements underway when this section takes effect to a Class 4 highway that will be transferred to the municipality.

(V) The conversion of a road used for farming or forestry purposes that also meets the requirements of this subdivision (xii) shall constitute development.

(VI) The intent of this subdivision (xii) is to encourage the design of clustered subdivisions and development that does not fragment Tier 2 areas or Tier 3 areas.

[Subdivision (3)(A)(xiii) effective December 31, 2026.]

(xiii) The construction of improvements for commercial, industrial, or residential purposes in a Tier 3 area as determined by rules adopted by the Board.

(B) [Repealed.]

(C) For the purposes of determining jurisdiction under subdivision (3)(A) of this section, the following shall apply:

(i)-(iii) [Repealed.]

(iv) In the case of a project undertaken by a railroad, no portion of a railroad line or railroad right-of-way that will not be physically altered as part of the project shall be included in computing the amount of land involved. In the case of a project undertaken by a person to construct a rail line or rail siding to connect to a railroad's line or right-of-way, only the land used for the rail line or rail siding that will be physically altered as part of the project shall be included in computing the amount of land involved.

(v) Notwithstanding subdivisions (3)(A)(iv) and (19) of this section, jurisdiction shall be determined exclusively by counting affordable housing units, as defined by this section, that are subject to housing subsidy covenants as defined in 27 V.S.A. § 610 that preserve their affordability for a period of 99 years or longer, provided the affordable housing units are located in a discrete project on a single tract or multiple contiguous tracts of land, regardless of whether located within an area designated under 24 V.S.A. chapter 76A.

(D) The word “development” does not include:

(i) The construction of improvements for farming, logging, or forestry purposes below the elevation of 2,500 feet.

(ii) The construction of improvements for an electric generation, energy storage, or transmission facility that requires a certificate of public good under 30 V.S.A. § 248 or is subject to regulation under 30 V.S.A. § 8011; a natural gas facility as defined in 30 V.S.A. § 248(a)(3); or a telecommunications facility issued a certificate of public good under 30 V.S.A. § 248a.

(iii) [Repealed.]

(iv) The construction of improvements for agricultural fairs that are registered with the Agency of Agriculture, Food and Markets and that are open to the public for 60 days per year or fewer, provided that, if the improvement is a building, the building was constructed prior to January 1, 2011 and is used solely for the purposes of the agricultural fair.

(v) The construction of improvements for the exhibition or showing of equines at events that are open to the public for 60 days per year or fewer, provided that any improvements constructed do not include one or more buildings.

(vi) The construction of improvements for any one of the actions or abatements authorized in subdivision (I) of this subdivision (vi):

(I)(aa) a remedial or removal action for which the Secretary of Natural Resources has authorized disbursement under section 1283 of this title;

(bb) abating a release or threatened release, as directed by the Secretary of Natural Resources under section 6615 of this title;

(cc) a remedial or removal action directed by the Secretary of Natural Resources under section 6615 of this title;

(dd) a corrective action authorized in a corrective action plan approved by the Secretary of Natural Resources under section 6615b of this title;

(ee) a corrective action authorized in a corrective action plan approved by the Secretary of Natural Resources under chapter 159, subchapter 3 of this title;

(ff) the management of “development soils,” as that term is defined in 10 V.S.A. § 6602(39), under a plan approved by the Secretary of Natural Resources under section 6604c of this title.

(II) The exemption provided by this subdivision (3)(D)(vi) shall not apply to subsequent development.

(vii) The construction of improvements below the elevation of 2,500 feet for the on-site storage, preparation, and sale of compost, provided that one of the following applies:

(I) The compost is produced from no more than 100 cubic yards of material per year.

(II) The compost is principally produced from inputs grown or produced on the farm.

(III) The compost is principally used on the farm where it was produced.

(IV) The compost is produced on a farm primarily used for the raising, feeding, or management of livestock, only from:

(aa) manure produced on the farm; and

(bb) unlimited clean, dry, high-carbon bulking agents from any source.

(V) The compost is produced on a farm primarily used for the raising, feeding, or management of livestock, only from:

(aa) manure produced on the farm;

(bb) up to 2,000 cubic yards per year of organic inputs allowed under the Agency of Natural Resources' acceptable management practices, including food residuals or manure from off the farm, or both; and

(cc) unlimited clean, dry, high-carbon bulking agents from any source.

(VI) The compost is produced on a farm primarily used for the cultivation or growing of food, fiber, horticultural, or orchard crops, that complies with the Agency of Natural Resources' solid waste management rules, only from up to 5,000 cubic yards per year of total organic inputs allowed under the Agency of Natural Resources' acceptable management practices, including up to 2,000 cubic yards per year of food residuals.

(viii)(I) The construction of a priority housing project in a municipality with a population of 10,000 or more.

(II) If the construction of a priority housing project in this subdivision (3)(D)(viii) involves demolition of one or more buildings that are listed or eligible to be listed on the State or National Register of Historic Places, this exemption shall not apply unless the Division for Historic Preservation has made the determination described in subdivision (A)(iv)(I)(ff) of this subdivision (3) and any imposed conditions are enforceable in the manner set forth in that subdivision.

(III) Notwithstanding any other provision of law to the contrary, until January 1, 2027, the construction of a priority housing project located entirely within areas of a designated downtown development district, designated neighborhood development area, or a designated growth center or within one-half mile around such designated center with permanent zoning and subdivision bylaws served by public sewer or water services or soils that are adequate for wastewater disposal. For purposes of this subdivision (III), in order for a parcel to qualify for the exemption, at least 51 percent of the parcel shall be located within one-half mile of the designated center boundary. If the one-half mile around the designated center extends into an adjacent municipality, the legislative body of the adjacent municipal may inform the Board that it does not want the exemption to extend into that area.

(E) When development is proposed to occur on a parcel or tract of land that is devoted to farming activity as defined in subdivision (22) of this section, only those portions of the parcel or the tract that support the development shall be subject to regulation under this chapter. Permits issued under this chapter shall not impose conditions on other portions of the parcel or tract of land that do not support the development and that restrict or conflict with required agricultural practices adopted by the Secretary of Agriculture, Food and Markets. Any portion of the tract that is used to produce compost ingredients for a composting facility located elsewhere on the tract shall not constitute land that supports the development unless it is also used for some other purpose that supports the development.

(4) “District Commission” means the District Environmental Commission.

(5) “Endangered species” means those species the taking of which is prohibited under rules adopted under chapter 123 of this title.

(6) “Flood hazard area” has the same meaning as under section 752 of this title.

(7) “River corridor” has the same meaning as under section 752 of this title.

(8) “Productive forest soils” means those soils that are not primary agricultural soils but that have a reasonable potential for commercial forestry and that have not been developed. In order to qualify as productive forest soils, the land containing such soils shall be of a size and location, relative to adjoining land uses, natural condition, and ownership patterns, so that those soils will be capable of supporting or contributing to a commercial forestry operation. Land use on those soils may include commercial timber harvesting and specialized forest uses, such as maple sugar or Christmas tree production.

(9) “Historic site” means any site, structure, district, or archeological landmark that has been officially included in the National Register of Historic Places or the State Register of Historic Places, or both, or that is established by testimony of the Vermont Advisory Council on Historic Preservation as being historically significant.

(10) “Land use plan” means the plan prepared pursuant to section 6043 of this title.

(11) “Lot” means any undivided interest in land, whether freehold or leasehold, including interests created by trusts, partnerships, corporations, cotenancies, and contracts.

(12) “Necessary wildlife habitat” means concentrated habitat that is identifiable and is demonstrated as being decisive to the survival of a species of wildlife at any period in its life, including breeding and migratory periods.

(13) “Plat” means a map or chart of a subdivision with surveyed lot lines and dimensions.

(14)(A) “Person”:

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

(ii) means a municipality or State agency;

(iii) includes individuals and entities affiliated with each other for profit, consideration, or any other beneficial interest derived from the partition or division of land;

(iv) includes an individual's parents and children, natural and adoptive, and spouse, unless the individual establishes that he or she will derive no profit or consideration, or acquire any other beneficial interest from the partition or division of land by the parent, child, or spouse.

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

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

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

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

(15) “Primary agricultural soils” means each of the following:

(A) An important farmland soils map unit that the Natural Resources Conservation Service of the U.S. Department of Agriculture (NRCS) has identified and determined to have a rating of prime, statewide, or local importance, unless the District Commission determines that the soils within the unit have lost their agricultural potential. In determining that soils within an important farmland soils map unit have lost their agricultural potential, the Commission shall consider:

(i) impacts to the soils relevant to the agricultural potential of the soil from previously constructed improvements;

(ii) the presence on the soils of a Class I or Class II wetland under chapter 37 of this title;

(iii) the existence of topographic or physical barriers that reduce the accessibility of the rated soils so as to cause their isolation and that cannot reasonably be overcome; and

(iv) other factors relevant to the agricultural potential of the soils, on a site-specific basis, as found by the Commission after considering the recommendation, if any, of the Secretary of Agriculture, Food and Markets.

(B) Soils on the project tract that the District Commission finds to be of agricultural importance, due to their present or recent use for agricultural activities and that have not been identified by the NRCS as important farmland soil map units.

(16)(A) “Existing settlement” means an area that constitutes one of the following:

(i) a designated center; or

(ii) an existing center that is compact in form and size; that contains a mixture of uses that include a substantial residential component and that are within walking distance of each other; that has significantly higher densities than densities that occur outside the center; and that is typically served by municipal infrastructure such as water, wastewater, sidewalks, paths, transit, parking areas, and public parks or greens.

(B) Strip development outside an area described in subdivision (A)(i) or (ii) of this subdivision (16) shall not constitute an existing settlement.

(17) “Shoreline” means the land adjacent to the waters of lakes, ponds, reservoirs, and rivers. Shorelines shall include the land between the mean high water mark and the mean low water mark of such surface waters.

(18) “Stream” means a current of water that is above an elevation of 1,500 feet above sea level or that flows at any time at a rate of less than 1.5 cubic feet per second.

(19)(A) “Subdivision” means each of the following:

(i) A tract or tracts of land, owned or controlled by a person, that the person has partitioned or divided for the purpose of resale into 10 or more lots within a radius of five miles of any point on any lot, or within the jurisdictional area of the same District Commission, within any continuous period of five years. In determining the number of lots, a lot shall be counted if any portion is within five miles or within the jurisdictional area of the same District Commission.

(ii) A tract or tracts of land, owned or controlled by a person, that the person has partitioned or divided for the purpose of resale into six or more lots, within a continuous period of five years, in a municipality that does not have duly adopted permanent zoning and subdivision bylaws.

(iii) A tract or tracts of land, owned or controlled by a person, that have been partitioned or divided for the purpose of resale into five or more separate parcels of any size within a radius of five miles of any point on any such parcel, and within any period of ten years, by public auction.

(I) In this subdivision (iii), “public auction” means any auction advertised or publicized in any manner or to which more than ten persons have been invited.

(II) If sales described under this subdivision (iii) are of interests that, when sold by means other than public auction, are exempt from the provisions of this chapter under the provisions of subsection 6081(b) of this title, the fact that these interests are sold by means of a public auction shall not, in itself, create a requirement for a permit under this chapter.

(B) The word “subdivision” shall not include each of the following:

(i) a lot or lots created for the purpose of conveyance to the State or to a qualified organization, as defined under section 6301a of this title, if the land to be transferred includes and will preserve a segment of the Long Trail;

(ii) a lot or lots created for the purpose of conveyance to the State or to a “qualified holder” of “conservation rights and interest,” as defined in section 821 of this title.

(20) “Fissionable source material” means mineral ore that:

(A) is extracted or processed with the intention of permitting the product to become or to be further processed into fuel for nuclear fission reactors or weapons; or

(B) contains uranium or thorium in concentrations that might reasonably be expected to permit economically profitable conversion or processing into fuel for nuclear reactors or weapons.

(21) “Reconnaissance” means:

(A) a geologic and mineral resource appraisal of a region by searching and analyzing published literature, aerial photography, and geologic maps; or

(B) use of geophysical, geochemical, and remote sensing techniques that do not involve road building, land clearing, the use of explosives, or the introduction of chemicals to a land or water area; or

(C) surface geologic, topographic, or other mapping and property surveying; or

(D) sample collections that do not involve excavation or drilling equipment, the use of explosives, or the introduction of chemicals to the land or water area.

(22) “Farming” means:

(A) the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops; or

(B) the raising, feeding, or management of livestock, poultry, fish, or bees; or

(C) the operation of greenhouses; or

(D) the production of maple syrup; or

(E) the on-site storage, preparation, and sale of agricultural products principally produced on the farm; or

(F) the on-site storage, preparation, production, and sale of fuel or power from agricultural products or wastes principally produced on the farm; or

(G) the raising, feeding, or management of four or more equines owned or boarded by the farmer, including training, showing, and providing instruction and lessons in riding, training, and the management of equines; or

(H) the importation of 2,000 cubic yards per year or less of food residuals or food processing residuals onto a farm for the production of compost, provided that:

(i) the compost is principally used on the farm where it is produced; or

(ii) the compost is produced on a small farm that raises or manages poultry.

(23) “Adjoining property owner” means a person who owns land in fee simple, if that land:

(A) shares a property boundary with a tract of land where a proposed or actual development or subdivision is located; or

(B) is adjacent to a tract of land where a proposed or actual development or subdivision is located and the two properties are separated only by a river, stream, or public highway.

(24) “Solid waste management district” means a solid waste management district formed pursuant to 24 V.S.A. § 2202a and chapter 121, or by charter adopted by the General Assembly.

(25) “Slate quarry” means a quarry pit or hole from which slate has been extracted or removed for the purpose of commercial production of building material, roofing, tile, or other dimensional stone products. “Dimensional stone” refers to slate that is processed into regularly shaped blocks, according to specifications. The words “slate quarry” shall not include pits or holes from which slate is extracted primarily for purposes of crushed stone products, unless, as of June 1, 1970, slate had been extracted from those pits or holes primarily for those purposes.

(26) “Telecommunications facility” means a support structure that is primarily for communication or broadcast purposes and that will extend vertically 20 feet or more above the highest point of an attached existing structure, or 50 feet or more above ground level in the case of a proposed new support structure, in order to transmit or receive communication signals for commercial, industrial, municipal, county, or State purposes.

(27) “Mixed income housing” means a housing project in which the following apply:

(A) At least 20 percent of the housing units meet the requirements of affordable owner-occupied housing under subdivision (29)(A) of this section, adjusted for the number of bedrooms, as established and published annually by the Vermont Housing Finance Agency.

(B) For not less than 15 years following the date that rental housing is initially placed in service, at least 20 percent of the housing units meet the requirements of affordable rental housing under subdivision (29)(B) of this section, adjusted for the number of bedrooms, as established and published annually by the Vermont Housing Finance Agency.

(28) “Mixed use” means construction of both mixed income housing and construction of space for any combination of retail, office, services, artisan, and recreational and community facilities, provided at least 40 percent of the gross floor area of the buildings involved is mixed income housing. “Mixed use” does not include industrial use.

(29) “Affordable housing” means either of the following:

(A) Owner-occupied housing for which the total annual cost of ownership, including principal, interest, taxes, insurance, and condominium association fees, does not exceed 30 percent of the gross annual income of a household at 120 percent of the highest of the following:

(i) the county median income, as defined by the U.S. Department of Housing and Urban Development;

(ii) the standard metropolitan statistical area median income if the municipality is located in such an area, as defined by the U.S. Department of Housing and Urban Development; or

(iii) the statewide median income, as defined by the U.S. Department of Housing and Urban Development.

(B) Rental housing for which the total annual cost of renting, including rent, utilities, and condominium association fees, does not exceed 30 percent of the gross annual income of a household at 80 percent of the highest of the following:

(i) the county median income, as defined by the U.S. Department of Housing and Urban Development;

(ii) the standard metropolitan statistical area median income if the municipality is located in such an area, as defined by the U.S. Department of Housing and Urban Development; or

(iii) the statewide median income, as defined by the U.S. Department of Housing and Urban Development.

(30) “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.

(31) “Farm,” for purposes of subdivisions (3)(D)(vii)(V) and (VI) of this section, means a parcel of land devoted primarily to farming, as farming is defined in subdivision (22)(A) or (B) of this section, and:

(A) from which parcel, annual gross income from farming, as defined in subdivision (22) of this section, exceeds the annual gross income from a composting operation on that parcel. For purposes of this subdivision, a federal, State, or municipal highway or road shall not be determined to divide tracts of land that are otherwise physically contiguous;

(B) for purposes of subdivision (3)(D)(vii)(V) of this section, uses no more than 10 acres or 10 percent of the parcel, whichever is smaller, for commercial compost management, not including land used for liquid nutrients management;

(C) for purposes of subdivision (3)(D)(vii)(VI) of this section, uses no more than four acres or 10 percent of the parcel, whichever is smaller, for commercial compost management, not including land used for liquid nutrients management.

(32) “Livestock” means cattle, sheep, goats, equines, fallow deer, red deer, American bison, swine, water buffalo, poultry, pheasant, chukar partridge, courtnix quail, camelids, ratites (ostriches, rheas, and emus), llamas, alpacas, yaks, rabbits, cultured trout propagated by commercial trout farmers, or other animal types designated by the Secretary of Agriculture, Food and Markets by procedure.

(33) “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.

(34) “Agricultural fair” means an event or activity that is intended to promote farming by:

(A) exhibiting a variety of livestock and agricultural products;

(B) exhibiting arts, equipment, and implements related to farming; or

(C) conducting contests, displays, and demonstrations designed to advance farming, advance the local food economy, or train or educate farmers, youth, or the public regarding agriculture.

(35) “Priority housing project” means a discrete project located on a single tract or multiple contiguous tracts of land that consists exclusively of mixed income housing or mixed use, or any combination thereof, and is located entirely within a designated downtown development district, designated new town center, designated growth center, or designated neighborhood development area under 24 V.S.A. chapter 76A.

(36) “Strip development” means linear commercial development along a public highway that includes three or more of the following characteristics: broad road frontage, predominance of single-story buildings, limited reliance on shared highway access, lack of connection to any existing settlement except by highway, lack of connection to surrounding land uses except by highway, lack of coordination with surrounding land uses, and limited accessibility for pedestrians. In determining whether a proposed development or subdivision constitutes strip development, the District Commission shall consider the topographic constraints in the area in which the development or subdivision is to be located.

(37) “Industrial park” means an area of land permitted under this chapter that is planned, designed, and zoned as a location for one or more industrial buildings; that includes adequate access roads, utilities, water, sewer, and other services necessary for the uses of the industrial buildings; and includes no retail use except that which is incidental to an industrial use and no office use except that which is incidental or secondary to an industrial use.

(38) “Farm” means, for the purposes of subdivision (22)(H) of this section, a parcel or parcels of land owned, leased, or managed by a person and devoted primarily to farming that meets the threshold criteria as established under the Required Agricultural Practices.

(39) “Food processing residuals” means the remaining organic material from a food processing plant and may include whey and other dairy, cheese making, and ice cream residuals or residuals from any food manufacturing process excluding livestock or poultry slaughtering and rendering operations. “Food processing residuals” does not include food residuals from markets, groceries, or restaurants.

(40) “Food residuals” has the same meaning as in section 6602 of this title.

(41) “Principally used” means, for the purposes of subdivisions (3)(D)(vii)(III) and (22)(H) of this section, that more than 50 percent, either by volume or weight, of the compost produced on the farm is physically and permanently incorporated into the native soils on the farm as a soil enhancement and is not removed or sold at any time thereafter.

(42) “Small farm” has the same meaning as in 6 V.S.A. § 4871 and also means a small farm that is subject to the Required Agricultural Practices Rule (RAPs) and is not required to certify as a small farm under Section 4 of the RAPs, is not required to operate as a Medium Farm Operation under 6 V.S.A. § 4858, and is not required to operate as a Large Farm Operation under 6 V.S.A. § 4851.

(43) “Wood product” means logs, pulpwood, veneer wood, bolt wood, wood chips, stud wood, poles, pilings, biomass, fuel wood, maple sap, and bark.

(44) “Wood products manufacturer” means a manufacturer that aggregates wood products from forestry operations and adds value through processing or marketing in the wood products supply chain or directly to consumers through retail sales. “Wood products manufacturer” includes sawmills; veneer mills; pulp mills; pellet mills; producers of firewood, woodchips, mulch, and fuel wood; and log and pulp concentration yards. “Wood products manufacturer” does not include facilities that purchase, market, and resell finished goods, such as wood furniture, wood pellets, and milled lumber, without first receiving wood products from forestry operations.

[Subdivisions (45) through (49) effective December 31, 2026.]

(45) “Tier 2” means an area that is not a Tier 1 area or a Tier 3 area.

(46) “Tier 3” means an area consisting of critical natural resources defined by the rules of the Board. The Board's rules shall at a minimum determine whether and how to protect river corridors, headwater streams, habitat connectors of statewide significance, riparian areas, class A waters, natural communities, and other critical natural resources.

(47) “Habitat connector” means land or water, or both, that links patches of habitat within a landscape, allowing the movement, migration, and dispersal of wildlife and plants and the functioning of ecological processes. A habitat connector may include features including recreational trails and improvements constructed for farming, logging, or forestry purposes.

(48) “Forest block” means a contiguous area of forest in any stage of succession and not currently developed for nonforest use. A forest block may include features including recreational trails, wetlands, or other natural features that do not themselves possess tree cover and improvements constructed for farming, logging, or forestry purposes.

(49) “Habitat” means the physical and biological environment in which a particular species of plant or wildlife lives.

(50) “Accessory dwelling unit” means a distinct unit that is clearly subordinate to a single-family dwelling, located on an owner-occupied lot and has facilities and provisions for independent living, including sleeping, food preparation and sanitation, provided there is compliance with all of the following:

(A) the unit does not exceed 30 percent of the habitable floor area of the single-family dwelling or 900 square feet, whichever is greater; and

(B) the unit is located within or appurtenant to a single-family dwelling, whether the dwelling is existing or new construction.

(51) “Transit route” means a set route or network of routes on which a public transit service as defined in 24 V.S.A. § 5088 operates a regular schedule.
10 V.S.A. § 4657 — VT Code / Title 10 / Chapter 112 / Section 4657
§ 4657. Employment and compensation of personnel-Article VI
Status: in_force

At such time as funds are available, the Commission may employ and discharge at its pleasure such personnel as may be required to carry out the provisions of this Compact and shall fix and determine their duties, qualifications and compensation.
10 V.S.A. § 2804 — VT Code / Title 10 / Chapter 89 / Section 2804
§ 2804. Conservation plan
Status: in_force

(a) On or before December 31, 2025, the Vermont Housing and Conservation Board, in consultation with the Secretary, shall develop a plan to implement the conservation goals of Vermont Conservation Design and to meet the vision and goals established in section 2802 of this title. The plan shall be submitted for review to the House Committees on Environment and on Agriculture, Food Resiliency, and Forestry and the Senate Committee on Natural Resources and Energy.

(b) The plan shall include:

(1) a comprehensive strategy for achieving the vision and goals of section 2802 of this title while continuing to conserve and protect Vermont's agricultural land, working forests, historic properties, recreational lands, and surface waters;

(2) the implementation methods for achieving the vision and goals of this chapter using Vermont Conservation Design as a guide;

(3) recommendations to provide and increase equitable access to protected and conserved lands and land-based enterprises, including recreational access to and use of conserved lands; and

(4) recommendations to implement the vision and goals of this chapter while also enhancing the State of Vermont's current investments and commitments to working lands enterprises, rural landowners, and the broad conservation mission implemented by the Secretary and VHCB, including conservation of agricultural land, working forests, historic properties, recreational lands, and surface waters.

(c) In developing the plan, the Vermont Housing and Conservation Board, in consultation with the Secretary, shall hold 12 or more public meetings on the plan between July 1, 2023 and December 31, 2025 to solicit input from stakeholders. Stakeholders shall include private owners of forestlands and agricultural lands, land trusts, conservation organizations, environmental organizations, working lands enterprises, outdoor recreation groups and businesses, Indigenous groups and representatives from historically marginalized and disadvantaged communities, watershed groups, municipalities, regional planning commissions, conservation commissions, and relevant State and federal agencies. At least three of the meetings shall be designed to solicit comments from the general public.

(d) The conserved land inventory established in 2803 of this title shall be updated biennially to track progress toward meeting the vision and goals of this chapter, which shall be publicly available, and the Secretary shall submit a report to the relevant committees on or before January 15 following each update.
10 V.S.A. § 1275 — VT Code / Title 10 / Chapter 47 / Section 1275
§ 1275. Penalty
Status: in_force

(a) Any person who violates any provision of this subchapter or who fails, neglects, or refuses to obey or comply with any order or the terms of any permit issued in accordance with this subchapter, shall be fined not more than $25,000.00 or be imprisoned not more than six months, or both. Each violation may be a separate offense and, in the case of a continuing violation, each day's continuance may be deemed a separate offense.

(b) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subchapter, or by any permit, rule, regulation, or order issued under this subchapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this subchapter or by any permit, rule, regulation, or order issued under this subchapter, shall upon conviction, be punished by a fine of not more than $10,000.00 or by imprisonment for not more than six months, or by both.
10APPENDIX V.S.A. § 141 — VT Code / Title 10APPENDIX / Chapter 2 / Section 141
App. § 141. Baitfish Rule [Effective until January 1, 2026]
Status: in_force

1.0 Authority.

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

In accordance with 10 V.S.A. §4082, this rule is designed to maintain the best health, population and utilization levels of Vermont's fisheries.

In accordance with 10 V.S.A. §4083, this rule establishes open seasons; establishes daily, season, possession limits and size limits; prescribes the manner and means of taking fish; and prescribes the purchase, sale, and use of baitfish.

2.0 Purpose:

2.1 This rule applies to fish used as bait. This rule shall apply to all persons who take, possess, transport, use, purchase, or sell baitfish.

2.2 The purpose of this rule is to: a) conserve and protect the fish, and fisheries in the state, b) maintain the best health of species and natural ecological systems in the state, c) prevent the introduction or spread of diseases or parasites harmful to humans and wild species, and d) prevent the escape or release of non-native species or species that injure or compete with natural ecological systems and processes.

3.0 Definitions.

3.1 “Application” means a specific form provided by the Department of Fish and Wildlife.

3.2 “Baitbox” means a receptacle used for holding or keeping baitfish alive for personal use. A legal baitbox shall not exceed 25 cubic feet in volume.

3.3 “Baitfish” means fish species and parts thereof, living or dead, used for the purpose of attracting and catching fish.

3.4 “Baitfish zone” means a specific geographic area, where it is permissible to use baitfish in accordance with this rule, and the area is described and depicted on a map by the Commissioner and posted on the Department website.

3.5 “Restricted Water” means a specific waterbody and any listed tributaries where the use of baitfish is restricted in accordance with this rule, and the waterbody is described and depicted on a map by the Commissioner and posted on the Department website.

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

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

3.8 “Fish hatchery” refers to any fish culture station, hatchery, or artificial rearing pond which grows or maintains baitfish for sale in Vermont.

3.9 “Ice fishing” means a manner of fishing as described in 10 V.S.A App. §122 Subsection 4.0.

3.10 “Open-water fishing” means a manner of fishing as described in 10 V.S.A. App. § 122 Subsection 3.0.

3.11 “Permit” is a document from the Commissioner granting a Commercial Bait Dealers Permit.

3.12 “Waterbody” means any lake, pond, river, or stream including all tributaries upstream to the first barrier impassable to upstream fish movement.

3.13 “Commercially preserved baitfish” means baitfish which are chemically treated in a manner approved by the Department, and then packaged for retail sale.

3.14 “Personal baitfish harvest” and “Personally harvested baitfish” means baitfish taken for non-commercial use.

3.15 “Non-Restricted Water” means any waterbody not included in the list of Restricted Waters.

4.0 Personal Baitfish Harvest.

4.1 Personally harvested baitfish from Restricted Waters shall not be used on any other waters or transported away from the Restricted Water from which they were harvested.

4.2 Personally harvested baitfish may be used on multiple waterbodies and may be transported away from the waterbody from which they were collected and retained for later use, provided that all of the following criteria are met:

4.2.1 The personally harvested baitfish shall not be harvested from or have been previously used on a Restricted Water;

4.2.2 Personally harvested baitfish shall only be used in the same baitfish zone they were harvested in; and

4.2.3 A person using personally harvested baitfish on any waterbody that is different from the waterbody where the baitfish was harvested shall possess a wild baitfish endorsement in accordance with Subsection 6.0 of this rule.

4.3 A person shall only harvest for use as bait those fish species listed under Subsection 8.1, 8.2, 8.3, and 8.4 of this rule.

4.4 Personally harvested baitfish shall only be taken by the following methods: a) minnow traps no longer than eighteen inches with an entrance for fish not exceeding one inch in diameter, b) dip nets, cast nets, and umbrella nets not exceeding a total of 51 square feet of mesh, or a seine net not exceeding 25 feet in length, c) Open-water/ice fishing by hook and line.

4.5 No person shall personally harvest baitfish in seasonally closed waters for trout as listed in 10 V.S.A. App. § 122, Subsection 6.0, except during the open season for trout. Personal baitfish harvest in seasonally closed waters during open seasons for trout shall only be conducted by open-water/ice fishing or the use of minnow traps no longer than eighteen inches with an entrance for fish not exceeding one inch in diameter.

4.6 All traps, nets, baitboxes or other holding receptacles capable of taking, holding or keeping live baitfish in public waters shall be marked with the name, address, and telephone number of the owner and user.

4.7 Baitfish may be held on the water in a baitbox as defined in Subsection 3.2 of this rule.

4.8 Only a person with a valid wild baitfish endorsement (Subsection 6.0) may transport unused personally harvested baitfish, collected in non-Restricted Waters, away from waters of the state for later use. Baitfish may be held in waters of the baitfish zone where they were harvested provided the water is not a Restricted Water or waters described in Subsection 12.0. Outside of the baitfish zone where harvested, the baitfish shall be kept in a closed container isolated from any inflow of lake, pond, or stream water, or outflows to such waters of the state.

4.9 No person shall personally harvest baitfish from any waterbody of the state that is defined as closed to baitfish harvest. The Department will maintain and make available a list of closed waters.

4.10 Fish eggs may be collected from legally harvested fish from Vermont waters, and used immediately as bait on the same water where taken unless that waterbody has been closed to baitfish collection. Personally harvested fish eggs shall not be transported and used in any waterbody other than the waterbody where the fish eggs were harvested. No person shall transport fish eggs away from a waterbody and return them to the same waterbody for use as bait unless they have been processed in a manner approved by the Department as described on the Department website.

5.0 Commercially Purchased Baitfish.

5.1 No person shall import baitfish into the State of Vermont without a fish importation permit, except as provided for in subsections 5.8 and 5.9 of this rule.

5.2 A person purchasing commercial baitfish shall retain a transportation receipt issued by a state-approved commercial bait dealer, authorizing transportation of baitfish overland. The receipt shall contain the following information: 1) A unique receipt identification number, 2) The name and telephone number of the bait dealer, 3) time and date of sale, 4) species purchased, 5) quantity purchased, 6) baitfish zone or Restricted Water (limited to one) in which the baitfish will be used, and 7) the signature of purchaser.

5.3 A person in possession of commercially purchased baitfish shall only use those baitfish in the baitfish zone or Restricted Water recorded on the transportation receipt and shall retain and exhibit the receipt upon request of the Commissioner or the Commissioner's designee(s).

5.4 A transportation receipt shall be valid for 10 days from time and date of sale.

5.5 A person may transport unused commercially purchased baitfish away from waters of the state, and retain for later use in the same baitfish zone or Restricted Water as indicated on the baitfish transportation receipt, with the following prohibitions.

5.5.1 A person shall not transport unused commercially purchased baitfish away from a Restricted Water if the baitfish transportation receipt does not specify that Restricted Water.

5.5.2 A person shall not transport unused commercially purchased smelt for the use as bait away from a Restricted Water.

5.6 A person transporting unused commercially purchased baitfish away from waters of the state for later use may hold them in waters of the baitfish zone listed on the transportation receipt provided that the water is not a Restricted Water and the holding waters are not listed in subsection 12.0 of this rule. Outside of the baitfish zone or Restricted Water listed on the transportation receipt, the commercially purchased baitfish shall be kept in a closed container isolated from any inflow of lake, pond, or stream water, or outflow to such waters of the state.

5.7 Baitfish may be held beyond the 10 days period in a baitfish zone or Restricted Water provided they remain in the same waterbody in a baitbox in accordance with Subsection 3.2 of this rule.

5.8 A person may purchase baitfish from a New York baitshop for use in the Lake Champlain Restricted Water, provided the baitshop is Vermont-licensed, and the baitfish are accompanied by a Vermont-issued baitfish transportation receipt. For the purposes of this rule, the Lake Champlain Restricted Water are defined in 10 V.S.A. Appendix § 122 Subsection 5.

5.9 A person may purchase baitfish from a New Hampshire baitshop for use in the Connecticut River Restricted Water, provided the baitshop is Vermont-licensed, and the baitfish are accompanied by a Vermont-issued baitfish transportation receipt. For the purposes of this rule, the Connecticut River is defined as all waters of the river including the bays, setbacks, and tributaries, but only to the first highway bridge crossing said tributaries on the Vermont side.

5.10 Commercially prepared and preserved baitfish and fish eggs available from retail stores may be purchased and used as bait, taken home, and kept for later use provided they are retained in the original packaging at all times.

6.0 Wild Baitfish Endorsement.

6.1 Any person who wishes to use, sell, or transport personally harvested baitfish outside of the waterbody in which they were harvested must possess and exhibit upon request of the Commissioner or the Commissioner's designee(s) a wild baitfish endorsement as developed and administered by the Department.

6.2 A person who wishes to obtain a wild baitfish endorsement shall satisfactorily complete a wild baitfish certification course.

6.3 The wild baitfish certification course shall instruct participants regarding the requirements of the baitfish rules and the vectors and risks associated with aquatic nuisance species and pathogens.

7.0 Commercial Bait Dealers.

7.1 Any person who buys baitfish for resale or sells baitfish shall obtain a commercial bait dealers permit from the Commissioner except as provided for in subsection 7.2. Only persons operating a place of business and offering baitfish for sale to the public may apply for and hold a commercial bait dealers permit.

7.2 A commercial bait dealers permit is not required when:

7.2.1 A person only sells commercially preserved baitfish as defined in Subsection 3.13 of this rule.

7.2.2 A person sells baitfish as specified by subsections 8.1 and 8.2 to another angler while on the same waterbody where the baitfish were personally harvested.

7.2.3 A person sells personally harvested rainbow smelt and meets the following criteria:

7.2.3.1 The personally harvested rainbow smelt shall be harvested, transported, and possessed in accordance with subsection 4.0 of this rule.

7.2.3.2 The buyer shall possess a valid zone-specific commercial bait dealers permit.

7.2.3.3 The commercial bait dealer's zone designation shall be the same zone from which the personally harvested rainbow smelt were harvested.

7.2.3.4 The seller shall possess a valid wild baitfish endorsement in accordance with subsection 6.0 of this rule.

7.2.3.5 The seller shall complete and sign an affidavit, as specified by subsection 7.11.1 of this rule, attesting the waterbody of origin for any personally harvested rainbow smelt that are sold.

7.3 Commercial bait dealers shall only purchase and sell the baitfish species listed under subsection 8.1 of this rule. Commercial bait dealers may also sell rainbow smelt as bait, provided one of the following criteria are met:

7.3.1 Rainbow smelt are obtained from a fish hatchery approved by the Commissioner as set forth in subsection 7.5 of this rule and its subsections: or

7.3.2 Rainbow smelt are harvested by open-water/ice fishing and sold for use on the same waterbody on which the bait dealer is located in accordance with subsection 7.6 of this rule and its subsections; or

7.3.3 Rainbow smelt are commercially purchased or harvested in accordance with subsection 7.7 and its subsections.

7.4 Commercial bait dealers must declare in their permit application if they will be a statewide baitfish dealer, waterbody-specific baitfish dealer, or a zone-specific baitfish dealer (limited to one).

7.5 Statewide baitfish dealers are prohibited from possessing, buying or selling wild-caught baitfish.

7.5.1 Baitfish sold by statewide baitfish dealers shall originate from a fish hatchery approved by the Commissioner.

7.5.2 Statewide baitfish dealers shall hold or keep baitfish in waters drawn from a secure well, a municipal water source, or other water source approved by the Department.

7.5.3 Baitfish sold by statewide baitfish dealers may be used in waters throughout the state, except those waters listed in subsection 12.0 of this rule.

7.6 Waterbody specific baitfish dealers shall declare on their permit application the waterbody on which they are located.

7.6.1 Waterbody-specific baitfish dealers may harvest wild baitfish only from the declared waterbody and offer them for sale and use only on the declared waterbody.

7.6.2 The baitfish facilities of waterbody specific bait fish dealers shall discharge to their declared waterbody. The discharge treatment infrastructure shall adequately filter and disinfect water to the satisfaction of the Department. Note that this does not relieve the baitfish dealer from compliance with all other applicable requirements.

7.6.3 No waterbody-specific baitfish dealer shall harvest baitfish by netting in or on seasonally closed waters as listed in 10 V.S.A. Appendix § 122 Subsection 6.0 unless otherwise permitted by their commercial bait dealers permit. Waterbody specific baitfish dealers shall not operate dip nets, cast nets, or umbrella nets exceeding 51 square feet of mesh, or a seine net exceeding 125 feet in length, for the purposes of taking fish for bait, unless otherwise permitted by their commercial bait dealers permit.

7.6.4 All traps, nets, baitboxes or other holding receptacles capable of taking, holding or keeping live baitfish in public waters shall be marked with the name, address, and telephone number of the owner and user.

7.6.5 No person shall commercially harvest baitfish on any waterbody of the state that is listed as closed to baitfish harvest. The Department will maintain and make available a list of closed waters.

7.7 Zone-specific baitfish dealers shall declare on their permit application the waterbody on which they are located, the baitfish zone in which they are located, the baitfish zone from which they intend to harvest, and purchase wild baitfish (limited to one) and the baitfish zone where the baitfish they sell may be used (limited to one).

7.7.1 Zone-specific baitfish dealers shall be located in the baitfish zone which they intend to harvest, purchase, hold, and sell baitfish in, with the following exceptions:

7.7.1.1 Baitfish may be purchased from a fish hatchery approved by the Commissioner outside of the zone-specific dealer's baitfish zone and sold as zone-specific baitfish.

7.7.1.2 A Zone-specific baitfish dealer can be physically located outside of the baitfish zone in which they intend to sell baitfish for provided they hold or keep baitfish in water drawn from a secure water source as approved by the Department.

7.7.2 Zone-specific baitfish dealers shall harvest and purchase wild baitfish only from the declared baitfish zone where the baitfish they sell may be used, and such baitfish shall be offered for sale and use only in the declared baitfish zone or Restricted Water within the declared baitfish zone.

7.7.3 Zone-specific baitfish dealers may purchase wild rainbow smelt provided they meet the provisions of subsections 7.2.3 and 7.11.1 of this rule.

7.7.4 Zone-specific baitfish dealers shall not harvest or purchase wild baitfish which are from or have been used previously on a Restricted Water nor shall they hold or keep baitfish in waters drawn from a Restricted Water.

7.7.5 The baitfish holding facilities of zone-specific baitfish dealers shall discharge to the declared baitfish zone or to a water treatment infrastructure which adequately filters and disinfects water to the satisfaction of the Department. Note that this does not relieve the baitfish dealer from compliance with all other applicable requirements.

7.7.6 No zone-specific baitfish dealer shall harvest baitfish by netting in seasonally closed waters as listed in 10 V.S.A App § 122 subsection 6.0, unless otherwise permitted by their commercial bait fish dealers permit. No zone-specific baitfish dealer shall operate dip nets, cast nets, or umbrella nets that exceed 51 square feet of mesh, or a seine net that exceeds 125 feet in length, for the purposes of taking fish for bait, unless otherwise permitted by their commercial bait dealers permit.

7.7.7 All traps, nets, baitboxes, or other holding receptacles capable of taking, holding, or keeping live baitfish in public waters shall be marked with the name, address, and telephone number of the owner and user.

7.7.8 No person shall commercially harvest baitfish on any waterbody of the state that is defined as closed to baitfish harvest. The Department will maintain and make available a list of closed waters.

7.8 A commercial bait dealer shall provide to each customer at the point of sale a copy of a transportation receipt containing the following information: 1) A unique receipt identification number, 2) The name and telephone number of the bait dealer, 3) time and date of sale, 4) species purchased, 5) quantity purchased, 6) baitfish zone or Restricted Water (limited to one) in which the baitfish will be used, and 7) the signature of purchaser.

7.9 A transportation receipt shall be valid for 10 days from time and date of sale.

7.10 Receipt books shall be provided to commercial bait dealers by the Department.

7.11 Any holder of a commercial bait dealers permit shall maintain receipts or records for each lot of wholesaled hatchery-raised or wild-caught baitfish introduced into their shop. The receipts or records shall include: name, address and telephone number of seller (for wholesaled baitfish), and date received, species identification, and quantity purchased or harvested, for wholesaled and wild-caught baitfish. The permit holder shall retain the receipts and records for at least one year after the date of sale or harvest. Receipts or records shall be provided to the Department immediately upon request.

7.11.1 Any holder of a commercial bait dealers permit that purchases personally harvested wild rainbow smelt from a person shall maintain a list of purchases which includes: name, address, telephone number, and signature of the seller, date of sale, quantity of fish purchased, and waterbody of origin. Such form will be provided by the Department to the commercial bait dealer.

8.0 Approved Species of Fish for use as Bait.

8.1 Approved species of baitfish:

Banded killifish Fundulus diaphanus

Blacknose dace Rhinichthys atratulus

Bluntnose minnow Pimephales notatus

Common shiner Luxilus cornutus

Creek chub Semotilus atromaculatus

Eastern silvery minnow Hybognathus regius

Emerald shiner Notropis atherinoides

Fallfish Semotilus corporalis

Fathead minnow Pimephales promelas

Golden shiner Notemigonus crysoleucas

Longnose dace Rhinichthys cataractae

Longnose sucker Catostomus catostomus

Mimic shiner Notropis volucellus

Northern redbelly dace Chrosomus eos

Spottail shiner Notropis hudsonius

White sucker Catostomus commersoni

8.2 Rainbow smelt Osmerus mordax may be taken only by open-water/ice fishing by hook and line and may be commercially sold as bait.

8.3 The following additional fish species, or parts thereof, may be taken only by open-water/ice fishing by hook and line and used for bait only in those waters where taken and shall not be transported alive from those waters.

Bluegill Lepomis macrochirus

Pumpkinseed Lepomis gibbosus

Rock bass Ambloplites rupestris

Yellow perch Perca flavescens

8.4 Lake Champlain — In addition to subsection 8.2, the following fish species, or parts thereof, may be taken only by open-water/ice fishing by hook and line in Lake Champlain and used as bait in Lake Champlain, as described in 10 V.S.A. App § 122 subsection 5.0, and may not be commercially harvested or sold as bait; Alewife may only be used/possessed if dead: Alewife.

Alewife Alosa pseudoharengus

White perch Morone americana

8.5 All other species of fish are prohibited for use as bait.

9.0 Commercial Bait Dealer Application Process.

9.1 A person who wishes to obtain a commercial bait dealers permit shall apply to the Commissioner in writing on a form provided by the Department. The Department may require the applicant to submit such additional information as is necessary to determine that the permitted activities comply with the purposes of this rule, including but not limited to fish health testing, and an analysis of the impact of the sale of baitfish on Vermont's fish species, fisheries, and natural ecosystems and processes.

9.2 If the application is deficient, the Department shall inform the applicant of the deficiencies and return the application within 30 days of receipt, along with any associated fee, to the applicant for revision and re-submission.

9.3 If the application is denied, the Commissioner shall, within 30 days of receipt of application, send the applicant a written denial setting forth the reasons for the denial.

10.0 Permit Compliance.

10.1 The Permittee shall make the permit available upon request by Commissioner or Commissioner's designee. Premises and equipment used by persons to take, harvest, purchase, store, or sell baitfish shall be accessible for inspection by the Commissioner and his or her designee. Samples for species determination or disease examination shall be provided immediately upon request.

10.2 Permittees shall provide the Department with additional information as requested on an annual basis or prior to the re-issuance of a new permit.

11.0 Permit Revocation.

11.1 The Commissioner may revoke any permit for: any violation of a permit; failure to comply with this rule; a violation of any rules of the Board; a violation of the provisions of Part 4, Title 10, Vermont Statutes Annotated; or if the Commissioner determines that the revocation is necessary to protect fish or fisheries of Vermont.

11.2 The Commissioner shall comply with all applicable requirements of 3 V.S.A. Chapter 25, related to any permit revocation.

11.3 Appeals of the decisions of the Commissioner are subject to the Vermont Rules of Civil Procedure.

12.0 Waterbodies where the use of fish as bait is prohibited The use of fish in any form whether alive or dead for bait in fishing is prohibited in:

Adams Reservoir, Woodford;

Beaver Pond, Holland;

Beck Pond, Newark;

Beebe Pond, Sunderland;

Big Mud Pond, Mt. Tabor;

Blake Pond, Sutton;

Bourn Pond, Sunderland;

Branch Pond, Sunderland;

Cary Pond, Walden;

Cow Mountain Pond, Granby;

Griffith Lake, Mt. Tabor;

Jobs Pond, Westmore;

Lake Pleiad, Hancock;

Lewis Pond, Lewis;

Little Rock Pond, Wallingford;

Martins Pond, Peacham;

Mud Pond, Hyde Park;

North Pond, Chittenden;

Notch Pond, Ferdinand;

Red Mill Pond, Woodford;

Sterling Pond, Cambridge;

South America Pond, Ferdinand;

Stratton Pond, Stratton;

Unknown Pond, Averys Gore;

Unknown Pond, Ferdinand;

West Mountain Pond, Maidstone

and any additional waters created or reclaimed by the Department. This rule shall be posted at all waters affected.

1.0 Authority.

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

In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of Vermont's fisheries.

In accordance with 10 V.S.A. § 4083, this rule establishes open seasons; establishes daily, season, possession limits and size limits; prescribes the manner and means of taking fish; and prescribes the purchase, sale, and use of baitfish.

2.0 Purpose:

2.1 This rule applies to fish used as bait. This rule shall apply to all persons who take, possess, transport, use, purchase, or sell baitfish.

2.2 The purpose of this rule is to: a) conserve and protect the fish, and fisheries in the state, b) maintain the best health of species and natural ecological systems in the state, c) prevent the introduction or spread of diseases or parasites harmful to humans and wild species, and d) prevent the escape or release of non-native species or species that injure or compete with natural ecological systems and processes.

3.0 Definitions.

3.1 “Application” means a specific form provided by the Department of Fish and Wildlife.

3.2 “Baitbox” means a receptacle used for holding or keeping baitfish alive for personal use. A legal baitbox shall not exceed 25 cubic feet in volume.

3.3 “Baitfish” means fish species and parts thereof, living or dead, used for the purpose of attracting and catching fish.

3.4 “Baitfish zone” means a specific geographic area, where it is permissible to use baitfish in accordance with this rule, and the area is described and depicted on a map by the Commissioner and posted on the Department website.

3.5 “Restricted Water” means a specific Waterbody and any listed tributaries where the use of baitfish is restricted in accordance with this rule, and the Waterbody is described and depicted on a map by the Commissioner and posted on the Department website.

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

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

3.8 “Fish hatchery” refers to any fish culture station, hatchery, or artificial rearing pond which grows or maintains baitfish for sale in Vermont.

3.9 “Ice fishing” means a manner of fishing as described in 10 V.S.A App. § 122 Subsection 4.0.

3.10 “Open-water fishing” means a manner of fishing as described in 10 V.S.A. App. § 122 Subsection 3.0.

3.11 “Permit” is a document from the Commissioner granting a Commercial Bait Dealers Permit.

3.12 “Waterbody” means any lake, pond, river, or stream including all tributaries upstream to the first barrier impassable to upstream fish movement.

3.13 “Commercially preserved baitfish” means baitfish that are shelf stable and chemically treated in a manner approved by the Department, and then packaged for retail sale.

3.14 “Personal baitfish harvest” and “Personally harvested baitfish” means baitfish taken for non-commercial use.

3.15 “Non-Restricted Water” means any Waterbody not included in the list of Restricted Waters.

4.0 Personal Baitfish Harvest.

4.1 Personally harvested baitfish from Restricted Waters shall not be used on any other Waterbodies or transported away from the Restricted Water from which they were harvested.

4.2 Personally harvested baitfish may be used on multiple Waterbodies and may be transported away alive or dead from the Waterbody from which they were collected and retained for later use, provided that all of the following criteria are met:

4.2.1 The personally harvested baitfish shall not be harvested from or have been previously used on a Restricted Water;

4.2.2 Personally harvested baitfish shall only be used in the same baitfish zone they were harvested in; and

4.2.3 A person transporting personally harvested baitfish off of any non-Restricted Waterbody shall possess a wild baitfish endorsement in accordance with Subsection 6.0 of this regulation.

4.3 A person shall only harvest for use as bait those fish species listed under Subsection 8.1, 8.2, 8.3, and 8.4 of this rule.

4.4 Personally harvested baitfish of approved species listed in subsection 8.1 shall only be taken by the following methods: a) minnow traps no longer than twenty-four inches with an entrance for fish not exceeding two and one half inches in diameter, b) dip nets, cast nets, and umbrella nets not exceeding a total of 51 square feet of mesh, or a seine net not exceeding 25 feet in length, c) Open-water/ice fishing by hook and line.

4.5 Personal baitfish harvest in seasonally closed Waterbodies (see 10 V.S.A App. 122, section 6.0) may only be conducted by the use of minnow traps no longer than twenty-four inches with an entrance for fish not exceeding two and one half inches in diameter.

4.6 All traps, nets, baitboxes or other holding receptacles capable of taking, holding or keeping live baitfish in public Waterbodies shall be marked with the name, address, and telephone number of the owner and user.

4.6.1 Minnow traps shall be checked at a minimum of once per week.

4.7 Baitfish may be held on the Waterbody where they were harvested, or if harvested from a non-Restricted Water, anywhere in the zone where they were harvested in a baitbox as defined in Subsection 3.2 of this regulation. Any baitfish harvested on a non-Restricted Water and used on a Restricted Water may not be transported away from the Restricted Water but can be stored on the Restricted Water in a baitbox for later use on the same Restricted Water. Baitfish cannot be held or used on waterbodies described in Section 12.0. Outside of the baitfish zone where harvested, the baitfish shall be kept in a closed container isolated from any inflow of lake, pond, or stream water, or outflows to such Waterbodies of the state.

4.8 No person shall personally harvest baitfish from any Waterbody of the state that is defined as closed to baitfish harvest. The Department will maintain and make available a list of Waterbodies closed to baitfish harvest.

4.9 Fish eggs may only be collected from legally harvested fish from a Vermont Waterbody and its tributaries upstream to the first impassable barrier for use in the same Waterbody and its tributaries up to the first impassable barrier.

5.0 Commercially Purchased Baitfish.

5.1 No person shall import baitfish into the State of Vermont without a fish importation permit, except as provided for in subsections 5.8 and 5.9 of this rule.

5.2 A person purchasing commercial baitfish shall retain a transportation receipt issued by a state-approved commercial bait dealer, authorizing transportation of baitfish overland. The receipt shall contain the following information: 1) A unique receipt identification number, 2) The name and telephone number of the bait dealer, 3) date of sale, 4) species purchased, 5) quantity purchased, and 6) baitfish zone or Restricted Water (limited to one) in which the baitfish will be used.

5.3 A person in possession of commercially purchased baitfish shall only use those baitfish in the baitfish zone or Restricted Water recorded on the transportation receipt and shall retain and exhibit the receipt upon request of the Commissioner or the Commissioner's designee(s). A person shall not transport unused zone-specific commercially purchased baitfish away from a Restricted Water for use on any other Waterbody.

5.4 A transportation receipt shall be valid for 10 days from the date of sale.

5.5 A person may transport unused commercially purchased baitfish away from Waterbodies of the state, and retain for later use in the same baitfish zone or Restricted Water as indicated on the baitfish transportation receipt, with the following prohibitions.

5.5.1 A person shall not transport unused commercially purchased baitfish away from a Restricted Water if the baitfish transportation receipt does not specify that Restricted Water.

5.5.2 A person shall not transport unused commercially purchased smelt for the use as baitfish away from a Restricted Water.

5.6 A person transporting unused commercially purchased baitfish away from a Waterbody for later use may hold them in a Waterbody of the baitfish zone listed on the transportation receipt provided that they are not transported away from a Restricted Water and the holding waters are not listed in subsection 12.0 of this regulation. Outside of the baitfish zone or Restricted Water listed on the transportation receipt, the commercially purchased baitfish shall be kept in a closed container isolated from any inflow of lake, pond, or stream water, or outflow to any Waterbody.

5.7 Baitfish may be held beyond the 10 days period in a baitfish zone or Restricted Water provided they remain in the same Waterbody in a baitbox in accordance with Subsection 3.2 of this rule.

5.8 A person may purchase baitfish from a New York baitshop for use in the Lake Champlain Restricted Water, provided the baitshop is Vermont-licensed, and the baitfish are accompanied by a Vermont-issued baitfish transportation receipt. For the purposes of this rule, the Lake Champlain Restricted Water is defined in 10 V.S.A. Appendix § 122 Subsection 5.

5.9 A person may purchase baitfish from a New Hampshire baitshop for use in the Connecticut River Restricted Water, provided the baitshop is Vermont-licensed, and the baitfish are accompanied by a Vermont-issued baitfish transportation receipt. For the purposes of this rule, the Connecticut River is defined as all waters of the river including the bays, setbacks, and tributaries, but only to the first highway bridge crossing said tributaries on the Vermont side.

5.10 Commercially preserved baitfish and fish eggs available from retail stores may be used as bait, taken home, and kept for later use provided they are retained in the original packaging at all times.

6.0 Wild Baitfish Endorsement.

6.1 Any person who wishes to use, sell, or transport personally harvested baitfish outside of the Waterbody in which they were harvested must possess and exhibit upon request of the Commissioner or the Commissioner's designee(s) a wild baitfish endorsement as developed and administered by the Department, or be accompanied by someone who possesses the endorsement for those baitfish in use.

6.2 A person who wishes to obtain a wild baitfish endorsement shall satisfactorily complete a wild baitfish certification course.

6.3 The wild baitfish certification course shall instruct participants regarding the requirements of the baitfish rules and the vectors and risks associated with aquatic nuisance species and pathogens.

7.0 Commercial Bait Dealers.

7.1 Any person who buys baitfish for resale or sells baitfish shall obtain a commercial bait dealers permit from the Commissioner except as provided for in subsection 7.2. Only persons operating a place of business and offering baitfish for sale to the public may apply for and hold a commercial bait dealers permit.

7.2 A commercial bait dealers permit is not required when:

7.2.1 A person only sells commercially preserved baitfish as defined in Subsection 3.13 of this rule.

7.2.2 A person sells baitfish as specified by subsections 8.1 and 8.2 to another angler while on the same Waterbody where the baitfish were personally harvested.

7.2.3 A person sells personally harvested rainbow smelt and meets the following criteria:

7.2.3.1 The personally harvested rainbow smelt shall be harvested, transported, and possessed in accordance with subsection 4.0 of this rule.

7.2.3.2 The buyer shall possess a valid zone-specific commercial bait dealers permit.

7.2.3.3 The commercial bait dealer's zone designation shall be the same zone from which the personally harvested rainbow smelt were harvested.

7.2.3.4 The seller shall possess a valid wild baitfish endorsement in accordance with subsection 6.0 of this rule.

7.2.3.5 The seller shall complete and sign an affidavit, as specified by subsection 7.11.1 of this rule, attesting the Waterbody of origin for any personally harvested rainbow smelt that are sold.

7.3 Commercial bait dealers shall only purchase and sell the baitfish species listed under subsection 8.1 of this rule. Commercial bait dealers may also sell rainbow smelt as bait, provided one of the following criteria are met:

7.3.1 Rainbow smelt are obtained from a fish hatchery approved by the Commissioner as set forth in subsection 7.5 of this rule and its subsections: or

7.3.2 Rainbow smelt are harvested by open-water/ice fishing and sold for use on the same Waterbody on which the bait dealer is located in accordance with subsection 7.6 of this rule and its subsections; or

7.3.3 Rainbow smelt are commercially purchased or harvested in accordance with subsection 7.7 and its subsections.

7.4 Commercial bait dealers must declare in their permit application if they will be a statewide baitfish dealer, Waterbody-specific baitfish dealer, or a zone-specific baitfish dealer (limited to one).

7.5 Statewide baitfish dealers are prohibited from possessing, buying or selling wild-caught baitfish.

7.5.1 Baitfish sold by statewide baitfish dealers shall originate from a fish hatchery approved by the Commissioner.

7.5.2 Statewide baitfish dealers shall hold or keep baitfish in Waterbodies drawn from a secure well, a municipal water source, or other water source approved by the Department.

7.5.3. Baitfish sold by statewide baitfish dealers may be used in Waterbodies throughout the state, though one Baitfish zone or Restricted Water must be designated at purchase.

7.6 Waterbody specific baitfish dealers shall declare on their permit application the Waterbody on which they are located.

7.6.1 Waterbody-specific baitfish dealers may harvest wild baitfish only from the declared Waterbody and offer them for sale and use only on the declared Waterbody.

7.6.2 The baitfish facilities of Waterbody specific baitfish dealers shall discharge to their declared Waterbody. The discharge treatment infrastructure shall adequately filter and disinfect water to the satisfaction of the Department. Note that this does not relieve the baitfish dealer from compliance with all other applicable requirements.

7.6.3 No Waterbody-specific baitfish dealer shall harvest baitfish by netting in or on seasonally closed Waterbodies as listed in 10 V.S.A. Appendix § 122 Subsection 6.0 unless otherwise permitted by their commercial bait dealers permit. Waterbody specific baitfish dealers shall not operate dip nets, cast nets, or umbrella nets exceeding 51 square feet of mesh, or a seine net exceeding 125 feet in length, for the purposes of taking fish for bait, unless otherwise permitted by their commercial bait dealers permit.

7.6.4 All traps, nets, baitboxes or other holding receptacles capable of taking, holding or keeping live baitfish in public waters shall be marked with the name, address, and telephone number of the owner and user.

7.6.5 No person shall commercially harvest baitfish on any Waterbody of the state that is listed as closed to baitfish harvest. The Department will maintain and make available a list of closed Waterbodies.

7.7 Zone-specific baitfish dealers shall declare on their permit application the Waterbody on which they are located, the baitfish zone in which they are located, the baitfish zone from which they intend to harvest, and purchase wild baitfish (limited to one) and the baitfish zone where the baitfish they sell may be used (limited to one).

7.7.1 Zone-specific baitfish dealers shall be located in the baitfish zone which they intend to harvest, purchase, hold, and sell baitfish in, with the following exceptions:

7.7.1.1 Baitfish may be purchased from a fish hatchery approved by the Commissioner outside of the zone-specific dealer's baitfish zone and sold as zone-specific baitfish.

7.7.1.2 A Zone-specific baitfish dealer can be physically located outside of the baitfish zone in which they intend to sell baitfish provided they hold or keep baitfish in water drawn from a secure water source as approved by the Department.

7.7.2 Zone-specific baitfish dealers shall harvest and purchase wild baitfish only from the declared baitfish zone where the baitfish they sell may be used, and such baitfish shall be offered for sale and use only in the declared baitfish zone or Restricted Water within the declared baitfish zone.

7.7.3 Zone-specific baitfish dealers may purchase wild rainbow smelt provided they meet the provisions of subsections 7.2.3 and 7.11.1 of this rule.

7.7.4 Zone-specific baitfish dealers shall not harvest or purchase wild baitfish which are from or have been used previously on a Restricted Water nor shall they hold or keep baitfish in waters drawn from a Restricted Water.

7.7.5 The baitfish holding facilities of zone-specific baitfish dealers shall discharge to the declared baitfish zone or to a water treatment infrastructure which adequately filters and disinfects water to the satisfaction of the Department. Note that this does not relieve the baitfish dealer from compliance with all other applicable requirements.

7.7.6 No zone-specific baitfish dealer shall harvest baitfish by netting in seasonally closed waters as listed in 10 V.S.A App § 122 subsection 6.0, unless otherwise permitted by their commercial baitfish dealers permit. No zone-specific baitfish dealer shall operate dip nets, cast nets, or umbrella nets that exceed 51 square feet of mesh, or a seine net that exceeds 125 feet in length, for the purposes of taking fish for bait, unless otherwise permitted by their commercial bait dealers permit.

7.7.7 All traps, nets, baitboxes, or other holding receptacles capable of taking, holding, or keeping live baitfish in public waters shall be marked with the name, address, and telephone number of the owner and user.

7.7.8 No person shall commercially harvest baitfish on any Waterbody of the state that is defined as closed to baitfish harvest. The Department will maintain and make available a list of closed waters.

7.8 A commercial bait dealer shall provide to each customer at the point of sale a transportation receipt containing the following information: 1) A unique receipt identification number, 2) The name and telephone number of the bait dealer, 3) date of sale, 4) species purchased, 5) quantity purchased, and 6) baitfish zone or Restricted Water (limited to one) in which the baitfish will be used.

7.9 A transportation receipt shall be valid for 10 days from time and date of sale.

7.10 Receipt books shall be provided to commercial bait dealers by the Department.

7.11 Any holder of a commercial bait dealers permit shall maintain records for each lot of wholesaled hatchery-raised or wild-caught baitfish introduced into their shop. The records shall include: name, address and telephone number of seller (for wholesaled baitfish), and date received, species identification, and quantity purchased or harvested, for wholesaled and wild-caught baitfish. The permit holder shall retain the records for at least one year after the date of sale or harvest. Records shall be provided to the Department immediately upon request.

7.11.1 Any holder of a commercial bait dealers permit that purchases personally harvested wild rainbow smelt from a person shall maintain a list of purchases which includes: name, address, telephone number, and signature of the seller, date of sale, quantity of fish purchased, and Waterbody of origin. Such form will be provided by the Department to the commercial bait dealer.

8.0 Approved Species of Fish for use as Bait.

8.1 Approved species of baitfish:

Banded killifish Fundulus diaphanus

Blacknose dace Rhinichthys atratulus

Bluntnose minnow Pimephales notatus

Common shiner Luxilus cornutus

Creek chub Semotilus atromaculatus

Eastern silvery minnow Hybognathus regius

Emerald shiner Notropis atherinoides

Fallfish Semotilus corporalis

Fathead minnow Pimephales promelas

Golden shiner Notemigonus crysoleucas

Longnose dace Rhinichthys cataractae

Longnose sucker Catostomus catostomus

Mimic shiner Notropis volucellus

Northern redbelly dace Chrosomus eos

Spottail shiner Notropis hudsonius

White sucker Catostomus commersoni

8.2 Rainbow Smelt

Rainbow smelt Osmerus mordax may be taken only by open-water/ice fishing by hook and line and may be commercially sold as bait.

8.3 Additional Species

The following additional fish species, or parts thereof, may be taken only by open-water/ice fishing by hook and line and used for bait only in those waters where taken and shall not be transported alive from those waters.

Bluegill Lepomis macrochirus

Pumpkinseed Lepomis gibbosus

Rock bass Ambloplites rupestris

Yellow perch Perca flavescens

8.4 Lake Champlain — In addition to subsections 8.1, 8.2, and 8.3, the following fish species, or parts thereof, may be taken only by open-water/ice fishing by hook and line in Lake Champlain and used as bait in Lake Champlain, as described in 10 V.S.A. App § 122 subsection 5.0, and may not be commercially harvested or sold as bait; Alewife may only be used/possessed if dead:

Alewife Alosa pseudoharengus

White perch Morone americana

8.5 All other species of fish are prohibited for use as bait.

9.0 Commercial Bait Dealer Application Process.

9.1 A person who wishes to obtain a commercial bait dealers permit shall apply to the Commissioner in writing on a form provided by the Department. The Department may require the applicant to submit such additional information as is necessary to determine that the permitted activities comply with the purposes of this rule, including but not limited to fish health testing, and an analysis of the impact of the sale of baitfish on Vermont's fish species, fisheries, and natural ecosystems and processes.

9.2 If the application is deficient, the Department shall inform the applicant of the deficiencies and return the application within 30 days of receipt, along with any associated fee, to the applicant for revision and re-submission.

9.3 If the application is denied, the Commissioner shall, within 30 days of receipt of application, send the applicant a written denial setting forth the reasons for the denial.

10.0 Permit Compliance.

10.1 The Permittee shall make the permit available upon request by Commissioner or Commissioner's designee. Premises and equipment used by persons to take, harvest, purchase, store, or sell baitfish shall be accessible for inspection by the Commissioner and his or her designee. Samples for species determination or disease examination shall be provided immediately upon request.

10.2 Permittees shall provide the Department with additional information as requested on an annual basis or prior to the re-issuance of a new permit.

11.0 Permit Revocation.

11.1 The Commissioner may revoke any permit for: any violation of a permit; failure to comply with this rule; a violation of any rules of the Board; a violation of the provisions of Part 4, Title 10, Vermont Statutes Annotated; or if the Commissioner determines that the revocation is necessary to protect fish or fisheries of Vermont.

11.2 The Commissioner shall comply with all applicable requirements of 3 V.S.A. Chapter 25, related to any permit revocation.

11.3 Appeals of the decisions of the Commissioner are subject to the Vermont Rules of Civil Procedure.

12.0 Waterbodies where the use of fish as bait is prohibited The use of fish in any form whether alive or dead for bait in fishing is prohibited in:

Adams Reservoir, Woodford;

Beaver Pond, Holland;

Beck Pond, Newark;

Beebe Pond, Sunderland;

Big Mud Pond, Mt. Tabor;

Blake Pond, Sutton;

Bourn Pond, Sunderland;

Branch Pond, Sunderland;

Cary Pond, Walden;

Cow Mountain Pond, Granby;

Griffith Lake, Mt. Tabor;

Jobs Pond, Westmore;

Lake Pleiad, Hancock;

Lewis Pond, Lewis;

Little Rock Pond, Wallingford;

Martins Pond, Peacham;

Mud Pond, Hyde Park;

North Pond, Chittenden;

Notch Pond, Ferdinand;

Red Mill Pond, Woodford;

Sterling Pond, Cambridge;

South America Pond, Ferdinand;

Stratton Pond, Stratton;

Unknown Pond, Averys Gore;

Unknown Pond, Ferdinand;

West Mountain Pond, Maidstone

and any additional waters created or reclaimed by the Department. This rule shall be posted at all waters affected.
10 V.S.A. § 540 — VT Code / Title 10 / Chapter 22A / Section 540
§ 540. Workforce education and employment and training leaders
Status: in_force

(a) The Commissioner of Labor and the Executive Director of the Office of Workforce Strategy and Development shall be the leaders of workforce education and employment and training in the State and shall have the authority and responsibility for the coordination of the State's workforce system as provided in this section.

(b) The powers and duties provided in this section shall not limit, restrict, or suspend any similar powers the Commissioner of Labor or the Executive Director of the Office of Workforce Strategy and Development may have under other provisions of law.

(c) For purposes of the federal Workforce Innovation and Opportunity Act (WIOA), the Department of Labor shall be designated as the State Workforce Agency and the Commissioner of Labor shall serve as the State Workforce Administrator.

(d) As co-leader of workforce education and employment and training in the State, the Commissioner of Labor, in consultation with the Executive Director of the Office of Workforce Strategy and Development where appropriate, shall:

(1) ensure the coordination and administration of workforce education and employment and training programs operated by the Department of Labor;

(2) enter into agreements, to the extent necessary, with other State agencies and departments for services to improve the employment and economic outcomes for individuals receiving public assistance, including agreements to provide customized or specialized services that are beyond the basic services required by federal law;

(3) develop strategies and provide support to entities responsible for federal investments in the State's workforce system;

(4)(A) develop strategies designed to reduce employee layoffs and business closures; and

(B) provide reemployment services to employees affected by layoffs and closures;

(5) administer a system where employment and training resources are provided to individuals and businesses through both physical and virtual service delivery methods;

(6) establish job centers in such parts of the State as the Commissioner deems necessary and evaluate such centers on an as-needed basis;

(7) maintain a free and secure electronic job board that, to the extent practicable, compiles all available job, registered apprenticeship, education and training, and credentialing opportunities that support job seekers and career advancers;

(8) use data to ensure that State workforce education and employment and training activities are aligned with the needs of the:

(A) available workforce;

(B) employers to fill their current and future job openings; and

(C) specific credentials required by employers;

(9) require that each business, training provider, or other entity receiving State funding to conduct workforce training submit a report that evaluates the results of the training; and

(10) notwithstanding any provision of State law to the contrary, and to the fullest extent allowed under federal law, ensure that the program administrator in each State and State-funded workforce education and employment and training program collects and reports data and results at the individual level by Social Security number or equivalent.

(e) As co-leader of workforce education and employment and training in the State, the Executive Director of the Office of Workforce Strategy and Development, in consultation with the Commissioner of Labor and the State Workforce Development Board where appropriate, shall:

(1) advise the Governor and members of the Governor's cabinet on the establishment and management of an integrated system of workforce education and training in Vermont;

(2) coordinate across public and private sectors to identify and address labor force needs and ensure that workforce development program information is easily accessible to students, employees, and businesses;

(3) develop a comprehensive workforce strategy that contains measurable statewide workforce goals along with a biennial operational plan to achieve those goals that shall:

(A) be developed in collaboration with, and representative of, workforce system partners, including public, private, nonprofit, and educational sectors and the State Workforce Development Board;

(B) include a set of metrics, designed in consultation with the Agency of Administration's Chief Performance Office, used to evaluate the effectiveness of, to the extent practicable, all workforce development programs;

(C) align with and build upon other required strategic planning efforts, including the WIOA State Plan;

(D) be informed by the inventory system as set forth in subdivision (4) of this subsection (e); and

(E) be reviewed and updated as necessary, but at least once every two years;

(4) create, maintain, and update a publicly accessible inventory of all known workforce education and employment and training programs and activities in the State in order to:

(A) annually assess the investments and effectiveness of the workforce development system;

(B) ensure coordination and nonduplication of workforce education and employment and training activities; and

(C) identify best practices and gaps in the delivery of workforce education and employment and training programs;

(5) identify and manage priority projects specific to regional workforce needs;

(6) facilitate effective communication between the business community, State and local government, and public and private educational institutions, for the purpose of workforce pipeline development and job placement;

(7) coordinate intentional outreach and connections between students and employment opportunities in the State; and

(8) ensure the State Workforce Development Board is carrying out its duties and responsibilities as set forth in section 541a of this chapter.

(f)(1) The Executive Director of the Office of Workforce Strategy and Development shall, once every two years, issue a comprehensive biennial workforce report to the Governor, the House Committees on Appropriations and on Commerce and Economic Development, and the Senate Committees on Appropriations and on Economic Development, Housing and General Affairs, on or before December 1, that includes an evaluation of the accomplishments of the State workforce investment system and the performance of participating agencies and institutions covering the previous two calendar years. The report shall include identification of system priorities, need for future funding requests, identification of proposed legislative and administrative changes, and any other information relevant to the performance and future needs of the workforce investment system. The report shall summarize performance and outcome information submitted by federally and State-funded workforce development and investment programs for all public and nonpublic programs.

(2) To the extent practicable, workforce reports required of the Department of Labor, including the apprenticeship report required by 21 V.S.A. § 1113(e)(2), shall be incorporated into the comprehensive report required by subdivision (1) of this subsection.

(3) The Executive Director of the Office of Workforce Strategy and Development shall have the support and coordination of the Department of Labor in developing and submitting the biennial report required by subdivision (1) of this subsection.

(4) The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under subdivision (1) of this subsection.
10 V.S.A. § 1251a — VT Code / Title 10 / Chapter 47 / Section 1251a
§ 1251a. Water pollution administration
Status: in_force

(a) The Secretary may adopt rules, in accordance with the procedures in the Administrative Procedure Act, that are necessary for the proper administration of the Secretary's duties under this subchapter, including a planning process approvable under Public Law 92-500, as amended.

(b) The Secretary shall establish by rule requirements for the issuance of permits under subsection 1259(e) of this title, including in-stream water quality parameters necessary to establish permit conditions and performance monitoring; however, these in-stream water quality parameters shall not supersede water quality standards adopted by the Secretary.

(c) On or before July 1, 2016, the Secretary of Natural Resources shall adopt by rule an implementation process for the antidegradation policy in the water quality standards of the State. The implementation process for the antidegradation policy shall be consistent with the State water quality policy established in section 1250 of this title, the Vermont Water Quality Standards, and any applicable requirements of the federal Clean Water Act. The Secretary of Natural Resources shall apply the antidegradation implementation policy to all new discharges that require a permit under this chapter.
10 V.S.A. § 7551 — VT Code / Title 10 / Chapter 166 / Section 7551
§ 7551. Definitions
Status: in_force

As used in this chapter:

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

(2) “Cathode-ray tube” means a vacuum tube or picture tube used to convert an electronic signal into a visual image.

(3) “Collection” means the aggregation of electronic waste from covered entities and includes all the activities up to the time the electronic waste is delivered to a recycler.

(4) “Collector” means a public or private entity that receives electronic waste from covered entities or from another collector and that performs any of the following:

(A) arranges for the delivery of the electronic waste to a recycler;

(B) sorts electronic waste;

(C) consolidates electronic waste; or

(D) provides data security services in a manner approved by the Secretary.

(5) “Computer” means a laptop computer, desktop computer, tablet computer, or central processing unit that conveys electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions. “Computer” does not include an automated typewriter or typesetter or other similar device.

(6) “Computer monitor” means a display device without a tuner that can display pictures and sound and is used with a computer.

(7) “Computer peripheral” means a keyboard or any other device sold exclusively for external use with a computer that provides input or output into or from a computer.

(8) “Covered electronic device” means a computer, computer monitor, device containing a cathode ray tube, printer, or television from a covered entity. “Covered electronic device” does not include any motor vehicle or any part thereof; a camera or video camera; a portable or stationary radio; a wireless telephone; a household appliance, such as a clothes washer, clothes dryer, water heater, refrigerator, freezer, microwave oven, oven, range, or dishwasher; equipment that is functionally or physically part of a larger piece of equipment intended for use in an industrial, research and development, or commercial setting; security or anti-terrorism equipment; monitoring and control instruments or systems; thermostats; hand-held transceivers; a telephone of any type; a portable digital assistant or similar device; a calculator; a global positioning system receiver or similar navigation device; commercial medical equipment that contains a cathode ray tube, a cathode ray tube device, a flat panel display, or similar video display that is not separate from the larger piece of equipment; or other medical devices, as the term “device” is defined under 21 U.S.C. § 321(h) of the Federal Food, Drug, and Cosmetic Act, as that section is amended from time to time.

(9) “Covered entity” means any household, charity, or school district in the State or a business in the State that employs 10 or fewer individuals. If seven or fewer covered electronic devices are delivered to a collector at any given time, those devices shall be presumed to be from a covered entity.

(10) “Electronic waste” means a computer, computer monitor, computer peripheral, device containing a cathode ray tube, printer, or television from a covered entity. “Electronic waste” does not include any motor vehicle or any part thereof; a camera or video camera; a portable or stationary radio; a wireless telephone; a household appliance, such as a clothes washer, clothes dryer, water heater, refrigerator, freezer, microwave oven, oven, range, or dishwasher; equipment that is functionally or physically part of a larger piece of equipment intended for use in an industrial, library, research and development, or commercial setting; security or antiterrorism equipment; monitoring and control instruments or systems; thermostats; handheld transceivers; a telephone of any type; a portable digital assistant or similar device; a calculator; a global positioning system receiver or similar navigation device; commercial medical equipment that contains a cathode ray tube, a cathode ray tube device, a flat panel display, or similar video display that is not separate from the larger piece of equipment; or other medical devices, as the term “device” is defined under 21 U.S.C. § 321(h) of the Federal Food, Drug, and Cosmetic Act, as that section is amended from time to time.

(11) “Manufacturer” means a person who:

(A) manufactures or manufactured a covered electronic device under its own brand or label for sale in the State;

(B) sells in the State under its own brand or label covered electronic devices produced by another supplier;

(C) owns a brand that it licenses or licensed to another person for use on a covered electronic device sold in the State;

(D) imports into the United States for sale in the State a covered electronic device manufactured by a person without a presence in the United States;

(E) manufactures covered electronic devices for sale in the State without affixing a brand name; or

(F) assumes the responsibilities, obligations, and liabilities of a manufacturer as defined under subdivisions (A) through (E) of this subdivision (11), provided that the Secretary may enforce the requirements of this chapter against a manufacturer if a person who assumes the manufacturer's responsibilities fails to comply with the requirements of this chapter.

(12) “Market share” means a “manufacturer's market share” that shall be the manufacturer's percentage share of the total weight of covered electronic devices sold in the State as determined by an estimate of the aggregate total weight of the manufacturer's covered electronic devices sold in the State during the previous program year based on national sales data unless the Secretary approves a manufacturer to use actual sales data.

(13) “Printer” means desktop printers, multifunction printer copiers, and printer fax combinations taken out of service that are designed to reside on a work surface and include various print technologies, including without limitation laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and “multi-function” or “all-in-one” devices that perform different tasks, including copying, scanning, faxing, and printing. “Printer” does not include floor-standing printers, printers with an optional floor stand, point of sale (POS) receipt printers, household printers such as a calculator with printing capabilities or label makers, or nonstand-alone printers that are embedded into products that are not covered electronic products.

(14) “Program year” means the period established by the Secretary as the program year in the Plan required by section 7552 of this title.

(15) “Recycler” means a person who accepts electronic waste from covered entities and collectors for the purpose of recycling. A person who takes products solely for reuse, refurbishment, or repair is not a recycler.

(16) “Recycling” means the process of collecting and preparing electronic wastes for use in manufacturing processes or for recovery of useable materials followed by delivery of such materials for use. Recycling does not include destruction by incineration, waste-to-energy incineration or other such processes, or land disposal.

(17) “Retailer” means a person who sells, rents, or leases covered electronic devices to a person in the State, through any means, including sales outlets, catalogues, the telephone, the Internet, or any electronic means.

(18) “Sell” or “sale” means any transfer for consideration of title or of the right to use by lease or sales contract of a covered electronic device to a person in the State. “Sell” or “sale” does not include the sale, resale, lease, or transfer of used covered electronic devices or a manufacturer's or a distributor's wholesale transaction with a distributor or a retailer.

(19) “Television” means any telecommunications system or device containing a cathode ray tube or other type of display system with a viewable area of greater than four inches when measured diagonally that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner.

(20) “Transporter” means a person that moves electronic waste from a collector to either another collector or to a recycler.
10 V.S.A. § 1629 — VT Code / Title 10 / Chapter 55 / Section 1629
§ 1629. Appeals
Status: in_force

Appeals of any act or decision of the Department under this subchapter shall be made in accordance with chapter 220 of this title.
10 V.S.A. § 6630 — VT Code / Title 10 / Chapter 159 / Section 6630
§ 6630. Toxics use reduction and hazardous waste reduction performance report
Status: in_force

(a) On or before March 31, 1994, or March 31 of the year following the first plan, whichever is later, and annually thereafter, each generator or large user shall prepare and submit a hazardous materials management performance report to the House Committee on Environment and the Senate Committee on Natural Resources and Energy documenting toxics use reduction and hazardous waste reduction methods implemented by the generator or large user.

(b) The performance report shall be prepared for each site in accordance with the format adopted pursuant to section 6626 of this title, and shall include:

(1) The name and location of the site, including State plane coordinates.

(2) The SIC Code for the site.

(3) The following information for each hazardous waste or toxic substance identified under subsection 6629(c) of this title:

(A) an estimate of the quantity of hazardous waste generated and the quantity of hazardous waste managed, both on-site and off-site, during the current reporting year and the baseline year, as specified in subsection (c) of this section;

(B) an estimate of the quantity of toxic substances, or raw material resulting in hazardous waste, used during the current reporting year and the baseline year, as specified in subsection (c) of this section;

(C) an estimate of the percentage of toxics use reduction and hazardous waste reduction achieved by each toxics use reduction and hazardous waste reduction measure implemented since the baseline year as specified in subsection (c) of this section;

(D) an assessment of the effect, during the current year, of each hazardous waste reduction measure and toxics use reduction measure implemented since the baseline year relative to each performance goal established in subsection 6629(d) of this title;

(E) a description of factors during the current reporting year that have affected toxics use, hazardous waste generation, releases into the environment caused by use or waste generation as defined by the large user, Class A generator, and Class B generator status, and on-site and off-site hazardous waste management since the baseline year, including:

(i) changes in business activity;

(ii) changes in waste classification;

(iii) natural phenomena; and

(iv) other factors that have affected either the quantity of toxics used or hazardous waste generated or onsite and offsite hazardous waste management requirements; and

(F) a description of wastes concentrated solely for purposes of reducing volume.

(c) For purposes of subsection (b) of this section, the following definitions apply:

(1) The current reporting year is the calendar year immediately preceding the year in which the report is to be prepared.

(2) The baseline year is either of the following, whichever is applicable:

(A) For the initial performance report, the baseline year is the calendar year selected by the generator or large user for which substantial toxics use, hazardous waste generation, or on-site or off-site management data is available, before the initial planning year. If the generator or large user selects the initial planning year as the baseline year for the initial report, the information required pursuant to subdivision (3) of subsection (b) of this section, for the initial report shall be provided for the initial planning year. The generator or large user may include as part of the report a description of accomplishments in toxics use reduction and hazardous waste reduction prior to the baseline year.

(B) For all subsequent reports, the information of subsection (b) of this section shall be compared against the baseline year, the plan year, and the year immediately preceding this report if different than the plan year.

(d) Every report completed pursuant to this section shall be submitted by the generator or large user for review and certification by an engineer who is registered as a Vermont professional engineer or by an individual who is responsible for the processes and operation of the site.
10 V.S.A. § 1448 — VT Code / Title 10 / Chapter 49A / Section 1448
§ 1448. Municipal delegation
Status: in_force

(a) Municipal shoreland bylaws or ordinances. The Secretary shall delegate authority to permit the construction, creation, or expansion of impervious surface or cleared area under this chapter to a municipality that has adopted a shoreland bylaw or ordinance if:

(1) the municipality adopts a bylaw or ordinance regulating construction of impervious surface or creation of cleared area in a protected shoreland area;

(2) the municipal bylaw or ordinance is, as determined by the Secretary, functionally equivalent to the requirements under sections 1444, 1445, 1446, and 1447 of this title; and

(3) the Secretary determines that the municipality provides adequate resources for administration and enforcement of the bylaw or ordinance.

(b) Delegation agreement.

(1) Delegation under subsection (a) of this section shall be by agreement between the Secretary and the delegated municipality. The delegation agreement shall set the terms for revocation of delegation.

(2) Under the delegation agreement, the Secretary and the municipality may agree, in instances where a delegated municipality does not or cannot address noncompliance, that the Secretary, after consultation with the municipality, may institute enforcement proceedings under chapter 201 of this title.

(3) The delegation agreement shall require the municipality to:

(A) have or establish a process for accepting, reviewing, and processing applications and issuing permits for construction of impervious surface or creation of cleared area in protected shoreland areas;

(B) take timely and appropriate enforcement actions;

(C) commit to reporting annually to the Secretary on a form and date determined by the Secretary;

(D) comply with all other requirements of the rules adopted under this chapter; and

(E) cure any defects in such bylaw or ordinance or in the administration or enforcement of such bylaw or ordinance upon notice of a defect from the Secretary.

(4) A municipality that seeks delegation under subsection (a) of this section shall be presumed to satisfy the requirements of this subsection for a permit process and enforcement if the municipality has designated a municipal zoning administrator or other municipal employee or official as responsible for the permitting and enforcement of the construction, creation, or expansion of impervious surface or cleared area within the municipality.
10 V.S.A. § 1191 — VT Code / Title 10 / Chapter 45 / Section 1191
§ 1191. Purpose
Status: in_force

The purpose of this subchapter is to provide a mechanism for a cooperative effort with the State of New Hampshire to guide any development that may occur, in a way that maximizes the conservation of the visual, ecological, and agricultural integrity of the Connecticut River watershed.
10 V.S.A. § 573 — VT Code / Title 10 / Chapter 23 / Section 573
§ 573. Motor vehicle air conditioning
Status: in_force

(a) No person may perform service on motor vehicle air conditioners, unless that person uses equipment that is certified by the Underwriters Laboratories, or an institution determined by the Secretary to be comparable, as meeting the Society of Automotive Engineers standard applicable to equipment for the extraction and reclamation of refrigerant or a substitute prohibited under section 586 of this title from motor vehicle air conditioners.

(b) The Secretary, by rule, shall establish a phased schedule for the acquisition of that equipment by establishments that repair motor vehicles, requiring early acquisition by high-volume establishments and subsequent acquisition by lower-volume establishments, providing that all establishments that wish to continue to service motor vehicle air conditioning shall have that equipment in use by January 1, 1991. The Secretary, by rule, shall require these establishments to document motor vehicles repaired and chlorofluorocarbons (CFCs) purchased.

(c) After October 1, 1989, no person shall sell any CFC coolant in a container smaller than 15 pounds, unless it bears a warning label indicating the product's danger to ozone in the stratosphere. After January 1, 1991, no person shall sell or offer for sale:

(1) CFC coolant, suitable for use in motor vehicle air conditioners, for noncommercial or nonindustrial usage; or

(2) CFC coolant, suitable for use in motor vehicle air conditioners, in containers smaller than 15 pounds.

(d) No motor vehicle with a model year of 1995 or later may be registered in the State or sold to a consumer or dealer in the State, if it contains air conditioning that uses CFCs. No new motor vehicle may be sold or offered for retail sale in the State if it contains air conditioning that uses CFCs, unless it bears an 8-inch by 11-inch placard attached to a passenger window that reads as follows: “AIR CONDITIONING IN THIS VEHICLE CONTAINS CHLOROFLUOROCARBONS (CFCS). CFCS DEPLETE THE EARTH'S PROTECTIVE OZONE LAYER, CAUSING SKIN CANCER AND ENVIRONMENTAL DAMAGE.”

(e) As used in this section, “motor vehicle” shall have the same meaning as defined in 23 V.S.A. § 4.

(f) The Secretary, by January 15, 1992, shall report to the General Assembly with regard to the condition of the stratospheric ozone layer and the latest information as to the causes of that condition. The report also shall address the progress being made by manufacturers of motor vehicles that are commonly sold or registered in this State in developing and completing production of motor vehicles that have air conditioning that use refrigerants other than CFCs. This report shall include any appropriate recommendations.
10 V.S.A. § 2664 — VT Code / Title 10 / Chapter 83 / Section 2664
§ 2664. Cost prorated; agreements
Status: in_force

If in any area the owners of a majority of the acreage to be protected from pests execute agreements with the State, the Commissioner shall be authorized to carry out control work on other adjacent or interior holdings, that, if uncontrolled, would cause a re-infestation of the controlled area. The cost of control work on such areas may be prorated among the owners who have executed agreements on the same basis as for their own lands, if they agree thereto.
10 V.S.A. § 2531 — VT Code / Title 10 / Chapter 82 / Section 2531
§ 2531. Vermont Forest Future Strategic Roadmap
Status: in_force

(a) Creation. The Commissioner of Forests, Parks and Recreation shall create the Vermont Forest Future Strategic Roadmap to strengthen, modernize, promote, and protect the forest products sector in Vermont. The Commissioner of Forests, Parks and Recreation may contract with a qualified contractor for the creation of the Vermont Forest Future Strategic Roadmap. During the contract proposal process, the Commissioner of Forests, Parks and Recreation shall seek a proposal to complete the Vermont Forest Future Strategic Roadmap from the Vermont Sustainable Jobs Fund.

(b) Intended outcomes. The intended outcomes of the Vermont Forest Future Strategic Roadmap are to:

(1) increase sustainable economic development and jobs in Vermont's forest economy;

(2) promote ways to expand the workforce and strengthen forest product enterprises in order to strengthen, modernize, promote, and protect the Vermont forest economy into the future;

(3) promote the importance of healthy, resilient, and sustainably managed working forests that provide a diverse array of high-quality products now and in the future; and

(4) identify actionable strategies designed to strengthen, modernize, promote, and protect the forest products sector in Vermont, including opportunities for new product development, opening new markets for Vermont forest products, adopting modern manufacturing processes, and utilizing new ways to market Vermont forest products.

(c) Strategic Roadmap content. In developing the Vermont Forest Future Strategic Roadmap, the Commissioner of Forests, Parks and Recreation or the relevant contractor shall:

(1) review all existing data, plans, and industry-level research completed over the past 10 years, including the Working Lands Enterprise Fund's Forest Sector Systems Analysis, and identify any recommendations in those reports in order to build upon previous efforts;

(2) identify infrastructure investment and funding to support and promote Vermont forest products enterprises;

(3) identify regulatory barriers and propose policy recommendations to support and strengthen the Vermont forest economy;

(4) identify opportunities for all State agencies to engage with and enhance the Vermont forest products sector, including the Department of Buildings and General Services, the Agency of Commerce and Community Development, the Department of Tourism and Marketing, the Agency of Education, the Agency of Transportation, the Department of Public Service, the Agency of Natural Resources, the Department of Financial Regulation, and the Department of Labor;

(5) develop recommendations to support education and training of the current and future workforce of the Vermont forest products sector;

(6) propose alternatives for the modernization of transportation and regulation of Vermont forest products enterprises, including modernization of local and State permits;

(7) identify methods or programs that Vermont forest enterprises can utilize to access business assistance services;

(8) recommend how to maintain access by Vermont forest products enterprises to forestland and how to maintain the stewardship and conservation of Vermont forests as a whole;

(9) propose methods to enhance market development and manufacturing by Vermont forest products enterprises, including value chain coordination and regional partnerships;

(10) recommend consumer education and marketing initiatives; and

(11) recommend how to clarify the roles of various public entities and nongovernmental organizations that provide certain services to the forestry sector and to ensure coordination and alignment of those functions in order to advance and maximize the strength of the forest products industry.

(d) Process for development of Vermont Forest Future Strategic Roadmap.

(1) The Commissioner of Forests, Parks and Recreation or relevant contractor shall develop the Vermont Forest Future Strategic Roadmap and all subsequent revisions through the use of a public stakeholder process that includes and invites participation by interested parties representing all users of Vermont's forests, including representatives of forest products enterprises, State agencies, investors, forestland owners, recreational interests, loggers, foresters, truckers, sawmills, firewood processors, wood products manufacturers, education representatives, and others.

(2) The Commissioner of Forests, Parks and Recreation, in collaboration with forest products sector stakeholders, shall review the Strategic Roadmap periodically and shall update the Strategic Roadmap at least every 10 years.

(e) Advisory panel; administration.

(1) The Commissioner of Forests, Parks and Recreation or relevant contractor shall convene the Vermont Forest Future Strategic Roadmap advisory panel to review and counsel in the development and implementation of the Vermont Forest Future Strategic Roadmap. The advisory panel shall include representatives of forest products enterprises, State agencies, investors, forestland owners, foresters, loggers, truckers, wood products manufacturers, recreational specialists, education representatives, trade organizations, and other partners as deemed appropriate. The Commissioner of Forests, Parks and Recreation shall select representatives to the advisory panel.

(2) The Commissioner of Forests, Parks and Recreation or relevant contractor may seek grants or other means of assistance to support the development and implementation of the Vermont Forest Future Strategic Roadmap.
10 V.S.A. § 1523 — VT Code / Title 10 / Chapter 53 / Section 1523
§ 1523. Acceptance of beverage containers
Status: repealed

(a) Except as provided in section 1522 of this title:

(1) A retailer shall not refuse to accept from any person any empty beverage containers, labeled in accordance with section 1524 of this title, of the kind, size, and brand sold by the retailer, or refuse to pay to that person the refund value of a beverage container as established by section 1522 of this title, except as provided in subsection (b) of this section.

(2) A manufacturer or distributor may not refuse to pick up from a retailer that sells its product or a person operating a certified redemption center any empty beverage containers, labeled in accordance with section 1524 of this title, of the kind, size, and brand sold by the manufacturer or distributor, or refuse to pay the retailer or a person operating a redemption center the refund value of a beverage container as established by section 1522 of this title.

(b) A retailer, with the prior approval of the Secretary, may refuse to redeem beverage containers if a redemption center or centers are established that serve the public need.

(c) A retailer or a person operating a redemption center may refuse to redeem beverage containers that are not clean, or are broken, and shall not redeem beverage containers that are not labeled in accordance with section 1524 of this title.

(d)-(f) [Repealed.]
10 V.S.A. § 652 — VT Code / Title 10 / Chapter 27 / Section 652
§ 652. Travel and Recreation Council; membership
Status: in_force

(a) The Travel and Recreation Council is created. It shall comprise the following members:

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

(2) the Secretary of Natural Resources or designee;

(3) the Secretary of Transportation or designee;

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

(5) the Commissioner of Tourism and Marketing or designee; and

(6) ten members from the private sector appointed by the Governor.

(b)(1) The ten members appointed by the Governor shall serve a term of three years, beginning July 1, or the unexpired portion thereof. For the initial appointments, the Governor shall appoint three for one year, four for two years, and three for three years.

(2) When appointing members, the Governor shall consider persons who have understanding of the travel and recreation industry and who will adequately represent the various interests in the State.

(c) The Council shall elect its chair annually from among its members.

(d) The Council shall meet at least quarterly at the call of the Chair or the agency secretary.

(e) Members of the Council shall be entitled to receive per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010, which shall be paid by the Agency of Commerce and Community Development.
10 V.S.A. § 1281 — VT Code / Title 10 / Chapter 47 / Section 1281
§ 1281. Oil and other hazardous materials
Status: in_force

(a) The Secretary shall adopt rules relating to the handling, storage, and transport of oil and other hazardous materials within the State of Vermont for the purpose of preventing the discharge of any oil and other hazardous materials directly or indirectly into the waters of the State. The Secretary shall coordinate any proposed rule relating to oil or other hazardous materials with the Secretary of Human Services and the Commissioner of Labor to ensure the absence of conflict.

(b) Any rule adopted under this section or section 1282 of this title shall be presented immediately to the Clerk of the House of Representatives and the Secretary of the Senate who shall immediately publish it in their respective calendars. If the General Assembly is not in session at the time a rule or regulation is adopted, publication in the calendars shall occur within 10 days after the General Assembly next convenes. The General Assembly may repeal a rule or regulation.
10 V.S.A. § 1021 — VT Code / Title 10 / Chapter 41 / Section 1021
§ 1021. Alteration prohibited; exceptions
Status: in_force

(a) A person shall not change, alter, or modify the course, current, or cross section of any watercourse or of designated outstanding resource waters, within or along the boundaries of this State either by movement, fill, or excavation of ten cubic yards or more of instream material in any year, unless authorized by the Secretary. A person shall not establish or construct a berm in a flood hazard area or river corridor, as those terms are defined in subdivisions 752(3) and (11) of this title, unless permitted by the Secretary or constructed as an emergency protective measure under subsection (b) of this section.

(b) The requirements of subsection (a) of this section shall not apply to emergency protective measures necessary to preserve life or to prevent severe imminent damage to public or private property, or both. The protective measures shall:

(1) be limited to the minimum amount necessary to remove imminent threats to life or property;

(2) have prior approval from a member of the municipal legislative body;

(3) be reported to the Secretary by the legislative body within 24 hours after the onset of the emergency; and

(4) be implemented in a manner consistent with the general permit adopted under section 1027 of this title regarding stream alteration during emergencies.

(c) No person shall remove gravel from any watercourse primarily for construction or for sale.

(d) Notwithstanding subsection (c) of this section, a riparian owner may remove up to 50 cubic yards of gravel per year from that portion of a watercourse running through or bordering on the owner's property, provided:

(1) the material shall be removed only for the owner's use on the owner's property;

(2) the material removed shall be above the waterline;

(3) at least 72 hours prior to the removal of 10 cubic yards, or more, the landowner shall notify the Secretary;

(4) however, if the portion of the watercourse in question has been designated as outstanding resource waters, then the riparian owner may so remove no more than 10 cubic yards of gravel per year, and must notify the Secretary at least 72 hours prior to the removal of any gravel.

(e) This subchapter does not apply to dams subject to chapter 43 of this title nor to highways or bridges subject to 19 V.S.A. § 10(12).

(f) This subchapter shall not apply to:

(1) accepted silvicultural practices, as defined by the Commissioner of Forests, Parks, and Recreation, including practices which are in compliance with the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the Commissioner of Forests, Parks, and Recreation; or

(2) a farm that is implementing an approved U.S. Department of Agriculture Natural Resource Conservation Service streambank stabilization project or a streambank stabilization project approved by the Secretary of Agriculture, Food and Markets that is consistent with policies adopted by the Secretary of Natural Resources to reduce fluvial erosion hazards.

(g) Nothing in this chapter shall prohibit, in the normal use of land, the fording of or access to a watercourse by a person with the right or privilege to use the land.

(h)(1) Notwithstanding any other provisions of this section, recreational mineral prospectors:

(A) shall not operate suction dredges in any watercourse;

(B) may operate sluice boxes in any watercourse, provided:

(i) a request for approval to conduct mineral prospecting shall be filed with and approved by the Secretary; and

(ii) mineral prospecting shall not be conducted on private land without landowner permission, or on State land without permission from the Secretary.

(2) Hand panning prospecting techniques shall be exempt from this subchapter.
10 V.S.A. § 561 — VT Code / Title 10 / Chapter 23 / Section 561
§ 561. Variances
Status: in_force

(a) A person who owns or is in control of any plant, building, structure, process, or equipment may apply to the Secretary for a variance from the rules adopted under this chapter. The Secretary may grant a variance if the Secretary finds that:

(1) the emissions occurring or proposed to occur do not endanger or tend to endanger human health or safety; and

(2) compliance with the rules from which variance is sought would produce serious hardship without equal or greater benefits to the public.

(b) No variance shall be granted pursuant to this section except after public notice and an opportunity for a public meeting and until the Secretary has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public.

(c) Any variance or renewal thereof shall be granted within the requirements of subsection (a) of this section and for time periods and under conditions consistent with the reasons therefore, and within the following limitations:

(1) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, abatement, or control of the air pollution involved, it shall be only until the necessary practicable means for prevention, abatement, or control become known and available, and subject to the taking of any substitute or alternate measures that the Secretary may prescribe.

(2) If the variance is granted on the ground that compliance with the particular requirement or requirements from which variance is sought will necessitate the taking of measures that, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the Secretary is requisite for the taking of the necessary measures. A variance granted on the ground specified herein shall contain a time schedule for the taking of action in an expeditious manner and shall be conditioned on adherence to the time schedule.

(3) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in subdivisions (1) and (2) of this subsection, it shall be for not more than one year, except that a variance granted from the rules of the Secretary pertaining to stage II vapor recovery controls at gasoline dispensing facilities shall be for a period that extends until January 1, 2013.

(d) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods that would be appropriate on initial granting of a variance. If complaint is made to the Secretary on account of the variance, no renewal thereof shall be granted, unless following public notice and an opportunity for a public meeting on the complaint, the Secretary finds that renewal is justified. No renewal shall be granted except on application therefore. The application shall be made at least 60 days prior to the expiration of the variance. Immediately upon receipt of an application for renewal, the Secretary shall give public notice of the application.

(e) A variance or renewal shall not be a right of the applicant or holder thereof but shall be in the discretion of the Secretary.

(f) Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of section 560 of this chapter to any person or the person's property.

(g) On application from a person who is subject to an increased air emission fee caused by amendments to the provisions of 3 V.S.A. § 2822(j), (k), and (l), the Secretary may grant an amendment in fee amount. A fee amendment under this subsection may be granted only if the applicant establishes that payment of fees would produce serious hardship. Fee amendments granted under this subsection shall not be subject to the findings required for the issuance of a variance under subsection (a) of this section, but fee amendments shall otherwise be subject to the provisions of this chapter regarding variances.
10 V.S.A. § 6605d — VT Code / Title 10 / Chapter 159 / Section 6605d
§ 6605d. Provisional certification
Status: repealed

(a) Notwithstanding the requirements of sections 6605, 6605a, and 6605b of this title, a provisional certification may be issued under this section for a solid waste landfill. A provisional certification may modify a landfill certification or other authorization. The Secretary shall inform interested persons as to where disposal capacity exists and shall encourage development of provisional certification applications that are logical, considering transportation requirements, the needs of the solid waste management districts and the municipalities that are not district members, and other relevant factors.

(b) The Secretary shall not issue a provisional certification without affirmatively finding that:

(1) The solid waste management facility is an existing unlined landfill and that solid waste has been disposed of at the facility prior to January 1, 1990 in the cell or area for which provisional certification is proposed.

(2) There is a compelling public need for the proposed provisional certification because it will:

(A) provide disposal capacity required by other specified municipalities; and

(B) provide additional funds necessary for proper operation and closure; and

(C) produce contours as specified in an approved closure plan.

(3) Measures will be taken to prevent or reduce any undue adverse impacts on the criteria specified in subdivision (c)(5) of this section.

(c) A provisional certification shall:

(1) Not approve, or otherwise allow, any horizontal expansion into, or use of, unused unlined cells or areas of the landfill.

(2) Contain conditions, requirements, or restrictions as set out in subsection 6605(b) of this title, for any aspect of the management of the facility affected by the provisional certification, except that a provisional certification shall not include the recycling requirements established in subdivision 6605(b)(3)(B) of this title. The hazardous waste requirements established in subdivision 6605(b)(3)(B) shall be satisfied if the certification prohibits disposal of the following: automobile lead-acid batteries, nickel cadmium batteries, waste oil and oil filters, electric fluorescent light ballasts and capacitors containing PCBs, oil-based and latex paint, paint thinner and remover, stains and varnishes, other household hazardous waste, and all regulated and unregulated nonresidential hazardous waste.

(3) Contain a requirement that the facility is operated in a manner that assures adequate compaction rates for the additional waste and a requirement that the facility submit a plan for recycling. The Secretary shall ensure that the recycling plan provides for a maximum amount of recycling, as soon as is practical, considering the time constraints inherent in provisional certification.

(4) Contain a requirement, if the facility is purchased by a solid waste management district after July 1, 1990, or is owned by a private entity, that a surcharge of two dollars per ton be imposed on all additional waste allowed by the provisional certification. The surcharge shall be collected by the owner or operator of the facility and remitted quarterly to the city, town, or gore in which the facility is located.

(5) Contain conditions, requirements, or restrictions to prevent or reduce any adverse impacts on the public health or the environment caused by the additional waste, as well as measures regarding water pollution, air pollution, traffic, noise, litter, soil erosion, and visual screening as defined by the relevant criteria in subsection 6086(a) of this title.

(6) Contain such additional conditions, requirements, or restrictions as are necessary to preserve and protect the public health and the air, groundwater, and surface water quality, and that shall include requirements for reporting, record keeping, and inspections, and, where practical, shall include requirements with respect to hazardous waste generated by small quantity generators of hazardous waste.

(7) Contain a reasonable schedule for compliance with the financial responsibility requirements of section 6611 of this title.

(8) Contain a requirement that the unlined landfill cease accepting waste as of July 1, 1992 or earlier, pursuant to an approved closure plan.

(9) Notwithstanding the provisions of subdivision (8) of this subsection, any person operating a facility under a provisional certification may apply to the Secretary for a six-month extension of the landfill closure deadline, provided that application is received by July 1, 1991. In order to qualify for an extension, the applicant must demonstrate the inability to contract for sufficient capacity sharing to complete closure by the July 1, 1992 deadline, and good faith efforts to share sufficient capacity to ensure closure by July 1, 1992. The Secretary shall evaluate requests for extension on a case by case basis, but in no event shall the Secretary extend the closure deadline for any landfill beyond December 31, 1992.

(10) Notwithstanding the provisions of subdivisions (8) and (9) of this subsection, a provisional certification for an unlined landfill owned and operated by a solid waste district as of April 1, 1990 may be issued for no longer than the time period necessary to complete closure and the siting of a new facility. To qualify under this provision an applicant must provide a plan, including an estimated closure date, that will enable the environmentally sound closure of an existing landfill and the timely siting of a new facility. The applicant shall demonstrate through negotiated contracts that at least 150,000 cubic yards of capacity will be shared with other Vermont communities to complete the closure of the existing landfill by that date. On request of a municipality to participate in the shared capacity to be provided by the applicant, the applicant shall share that capacity on the same terms as those negotiated with other municipalities, provided that the Secretary determines that inclusion of the requesting municipality is a logical result, considering transportation requirements, the needs of solid waste management districts and municipalities that are not district members, and other relevant factors.

(d) The owner and operator of a facility seeking provisional certification shall submit an application on a form provided by the Secretary. Except for applicants receiving certification under subdivision (c)(10) of this section, the Secretary shall require the applicant to submit negotiated contracts that demonstrate sufficient capacity sharing to complete closure by July 1, 1992 or earlier. The Secretary may require an applicant for provisional certification to submit whatever information the Secretary considers necessary to evaluate the application. If the information is not provided as requested, the certification may be denied or it may be delayed until the information is furnished and evaluated.

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

(f) Any provisional certification may be issued immediately after the end of the public comment period, but its effective date may not be less than five calendar days after the end of the public comment period.

(g) [Repealed.]

(h) If the Secretary finds that emergency action is required for the disposal of solid waste in Vermont facilities, the Secretary may issue an emergency provisional certification. Notwithstanding any contrary requirement of chapter 170 of this title, notice of a proposed emergency provisional certification shall be published at least seven calendar days prior to the meeting and the public comment period shall end no sooner than three calendar days after the meeting. An emergency provisional certification granted in accordance with this subsection shall be issued no more than once and shall terminate 60 days after issuance, unless the Secretary reissues the certification under this section as a provisional certification. Except as otherwise required by this subsection, an emergency provisional certification shall be subject to requirements that apply to provisional certification.

(i) No person shall substantially alter the operation, use, construction, management, or geographic service area of a solid waste management facility without first obtaining a certification approving that alteration, under this section or section 6605 or 6605b of this title, as appropriate. A service area established in a provisional certification issued under this section, upon request of the operator of the facility, shall be amended to allow the facility to accept solid waste, including construction and demolition debris originating from any source, if necessary to achieve appropriate closure grade by October, 1995.

(j) [Repealed.]
10 V.S.A. § 2801 — VT Code / Title 10 / Chapter 89 / Section 2801
§ 2801. Definitions
Status: in_force

As used in this section:

(1) “Ecological reserve area” means an area having permanent protection from conversion and that is managed to maintain a natural state within which natural ecological processes and disturbance events are allowed to proceed with minimal interference.

(2) “Biodiversity conservation area” means an area having permanent protection from conversion for the majority of the area and that is managed for the primary goal of sustaining species or habitats. These areas may include regular, active interventions to address the needs of particular species or to maintain or restore habitats.

(3) “Natural resource management area” means an area having permanent protection from conversion for the majority of the area but that is subject to long-term, sustainable land management.

(4) “Conversion” means a fundamental change in natural ecosystem type or habitat, natural or undeveloped land cover type, or natural form and function of aquatic systems.

(5) “Sustainable land management” means the stewardship and use of forests and forestlands, grasslands, wetlands, riparian areas, and other lands, including the types of agricultural lands that support biodiversity, in a way, and at a rate, that maintains or restores their biodiversity, productivity, regeneration capacity, vitality, and their potential to fulfill, now and in the future, relevant ecological, economic, and social functions at local, State, and regional levels, and that does not degrade ecosystem function.

(6) “Conserved” means permanently protected and meeting the definition of ecological reserve area, biodiversity conservation area, or natural resource management area as defined in this section for purposes of meeting the 30 percent goal in subsection 2802(b) of this title. For purposes of meeting the 50 percent goal of subsection 2802(b) of this title, “conserved” primarily means permanently protected and meeting the definition of ecological reserve area, biodiversity conservation area, or natural resource management area as defined in this section, although other long-term land protection mechanisms and measures that achieve the goals of Vermont Conservation Design that are enforceable and accountable and that support an ecologically functional and connected landscape may be considered.
10 V.S.A. § 1924 — VT Code / Title 10 / Chapter 59 / Section 1924
§ 1924. Integrity report
Status: in_force

The owner or operator of an underground storage tank may be ordered by the Secretary to complete a tank integrity demonstration in the following circumstances:

(1) when the Secretary has reason to suspect there is or has been a release, or

(2) when in the Secretary's opinion the age, operation, or conditions surrounding the installation, or any combination of the above, so warrant.