10APPENDIX V.S.A. § 139 — VT Code / Title 10APPENDIX / Chapter 2 / Section 139
App. § 139. Fish importation
Status: in_force

1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A §§ 4081(a), 4082, 4083 and 4605 which authorize the board to carry out the purposes of protecting the state's fish and the waters of this state.

2.0 Purpose:

2.1 It is the purpose of this regulation to carry out the mandate of the Vermont general assembly to control through a permit program the importation of fish as provided in 10 V.S.A. § 4605 to guard the health of Vermont's fish populations and prevent the introduction of fish and fish diseases that could have the potential to cause harm to fish populations in the waters of the state.

3.0 Definitions.

3.1 Fish — all fresh and salt-water fish species including fish ovum and fish semen that will be introduced into any of the inland or outlying waters of the state as defined in 10 V.S.A. § 1251(13).

3.2 Board — Vermont Fish and Wildlife Board

3.3 Department — Vermont Fish and Wildlife Department

3.4 Commissioner — Fish and Wildlife Department Commissioner

3.5 Person — an individual, association, corporation, partnership, or municipality.

3.6 State — State of Vermont

3.7 Fish Hatchery — Any fish culture station, hatchery, rearing pond, net pen, container which holds, rears or releases fish for sale and/or distribution in waters of Vermont.

4.0 Importation of Fish.

4.1 It is unlawful for any person to bring into the State any fish that will be introduced into any of the inland or outlying waters of the State unless upon application in writing and receipt of a fish importation permit from the Commissioner.

4.2 No person shall import fish unless the fish come from a fish hatchery approved by the Commissioner. Fish disease inspection shall be made by inspection of the fish at the hatchery source by an inspector acceptable to the Department. Inspection procedures, methods of diagnosis, and inspection frequency will be specified by the Department.

4.3 Notwithstanding the provisions of paragraph 4.2, the Commissioner may, subject to conditions designed to protect the fish and wildlife in the State, permit the importation of live wild caught fish species from waters identified in a list maintained by the Department.

4.4 No fish that are considered endangered or threatened by the Department shall be permitted into the State unless the Department determines that the intent of such importation is for scientific purposes or for purposes of re-establishment of fish populations.

4.5 The importation and possession of dead fish is exempt from this regulation provided they are disposed of to guard against the introduction of fish diseases to State waters. Acceptable disposal methods include: 1) placement of all fish waste products in an approved state landfill; or 2) incineration of all fish waste products; or 3) burial of fish on private land only, no less than one hundred feet from a public water.

4.6 Dead fish imported and possessed as bait must be processed through approved methods which eliminate all fish pathogens. These approved methods will be identified in a list maintained by the Department.

5.0 Permits.

5.1 Bait Dealers Permit

5.1.1 All commercial dealers who import, export or sell fish must first obtain a valid bait dealers permit pursuant to 10 V.S.A App. § 122.

5.2 Importation Permit

5.2.1 The Commissioner shall not issue a permit unless it has been determined that the fish proposed to be brought into the State do not conflict with the purpose of this regulation.

5.2.2 For all fish species, the Commissioner shall consider the following criteria in determining whether to issue a fish importation permit: does the fish proposed for importation pose a potential threat to the fisheries resources of the State through diseases or species competition; are they free of all disease organisms as the Department may specify; could the fish be a significant competitor with resident fish and wildlife for food and habitat; could the fish be destructive to habitat; could the fish be a threat to the health of resident fishes, wildlife, or humans; and could the fish pose any other threat to public or private interests as may be determined by the Department.

5.3 Temporary Exhibition

5.3.1 Any person importing fish for the purposes of temporary exhibition must obtain a fish importation permit from the Commissioner. The Commissioner may impose conditions necessary to protect the health and welfare of Vermont's fish and wildlife.

6.0 Applications.

6.1 Application for a fish importation, bait dealers, scientific, education, or temporary exhibit permit must be complete and submitted to the Department on an application form to be provided by the Department. For an application to be considered complete, it must be legible, must contain all information requested by the Department, shall contain no false statements, must bear the applicant's official signature and must be accompanied by the required application fee.

6.2 With regard to all fish, the applicant shall present to the Department, as a requirement of the permit, written fish health inspection reports as the Department may specify. Fish health inspection reports shall be made by a qualified fish health inspector acceptable to the Department.

7.0 Inspections.

7.1 Persons holding a fish importation, bait dealers and education or temporary exhibit permit shall allow inspection at reasonable times of their premises, facilities, records, and fish by state game wardens or other duly authorized persons as the Commissioner may direct.

7.2 The issued permit shall be available for inspection by any duly authorized persons as the Commissioner may direct.

8.0 Quarantine, Destruction, Sterilization and Disposition Where Disease and Harmful Species are Present.

8.1 The Department may require a period of quarantine and treatment, the destruction of fish, and/or order whatever remedial action necessary; if a harmful fish species and/or fish pathogens are confirmed. This shall occur at the expense of the owner.

8.2 Commercial hatcheries or ponds under private ownership may be ordered by the Department to be sterilized at the expense of the owner, if upon inspection a harmful fish pathogen or species is confirmed.

8.3 Any fish, which are brought into the state in violation of these regulations or kept in violation of any permit issued may be disposed of in accordance with 10 V.S.A. § 4709.
10 V.S.A. § 1930 — VT Code / Title 10 / Chapter 59 / Section 1930
§ 1930. Implementation; coordination
Status: in_force

(a) Rulemaking standards. To the extent compatible with this chapter, in establishing rules and standards, the Secretary may distinguish between types, classes, and ages of underground storage tanks. In making such distinctions the Secretary may take into consideration factors including location of tanks, soil and climate considerations, uses of the tanks, history of maintenance, age, current industry recommended practices, national codes, hydrogeology, water table, size of tanks, volume of use, technical capability of owners and operators, and compatibility of the regulated substance and materials of fabrication. The distinctions may also take into consideration the location of storage tanks in relation to recharge areas for community type water supply wells. Where appropriate, the Secretary may designate whether the owner or the operator is responsible for monitoring a particular tank. The Secretary shall ensure that standards established with respect to financial responsibility shall bear a reasonable relation to the risk associated with a regulated substance release. Financial responsibility may be established by any one or a combination of the following: insurance, guarantee, surety bond, letter of credit, or qualification as a self-insurer. The Secretary may suspend enforcement of the financial responsibility requirements for a particular class or category of underground storage tanks if the Secretary makes a determination that methods of financial responsibility are not generally available for underground storage tanks in that class or category. The suspension shall extend for a period not to exceed 180 days and may be extended for additional 180 day periods by further determination by the Secretary that the need continues to exist and that progress is being made as required by federal law or regulation (section 9003 of the federal Solid Waste Disposal Act).

(b) Advisory committee. The Secretary shall select an advisory committee from among groups representing municipal, environmental, business, and industry interests. The Secretary shall consult with the advisory committee in preparing rules under this chapter.

(c) Coordination with other departments. Nothing in this chapter is intended to interfere with the authorities of the Department of Health or the Department of Labor or the Agency of Agriculture, Food and Markets. The Secretary shall work cooperatively with the Commissioner of Health, Labor and Industry, and the Secretary of Agriculture, Food and Markets in the Secretary's development of procedures and rules to carry out the intent of this chapter.
10 V.S.A. § 4703 — VT Code / Title 10 / Chapter 113 / Section 4703
§ 4703. Use of set guns; recovery for damage
Status: in_force

A person shall not at any time set or use any device, the object of which is to discharge a firearm for the purpose of taking any wild animal. A person violating this section shall be liable for twice the amount of damage caused by his or her act to be recovered by a person damaged thereby, in a civil action on this section.
10 V.S.A. § 2504 — VT Code / Title 10 / Chapter 81 / Section 2504
§ 2504. Powers and duties of Commission-Article IV
Status: in_force

It shall be the duty of the Commission to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about the prevention and control of forest fires in the area comprising the member states, to coordinate the forest fire plans and the work of the appropriate agencies of the member states and to facilitate the rendering of aid by the member states to each other in fighting forest fires.

The Commission shall formulate and, in accordance with need, from time to time, revise a regional forest fire plan for the entire region covered by the compact which shall serve as a common forest fire plan for that area.

The Commission shall, more than one month prior to any regular meeting of the legislature in any signatory state, present to the governor and to the legislature of the state its recommendations relating to enactments to be made by the legislature of that state in furthering the interests and purposes of this compact.

The Commission shall consult with and advise the appropriate administrative agencies of the states party hereto with regard to problems connected with the prevention and control of forest fires and recommend the adoption of such regulations as it deems advisable.

The Commission shall have power to recommend to the signatory states any and all measures that will effectuate the prevention and control of forest fires.
10 V.S.A. § 2613 — VT Code / Title 10 / Chapter 83 / Section 2613
§ 2613. Abenaki place names in State parks
Status: in_force

The Commissioner, before installing new signs or replacing existing signs in a State park, shall consult with the Vermont Commission on Native American Affairs to determine if there is an Abenaki name for any site within the park. If the Commission on Native American Affairs advises the Commissioner of an Abenaki name, the Abenaki name shall be displayed with the English name.
10 V.S.A. § 6615 — VT Code / Title 10 / Chapter 159 / Section 6615
§ 6615. Liability
Status: repealed

(a) Subject only to the defenses set forth in subsections (d) and (e) of this section, the following persons shall be liable for abating a release or threatened release of hazardous material and the costs of investigation, removal, and remedial actions incurred by the State that are necessary to protect the public health or the environment:

(1) the owner or operator of a facility, or both;

(2) any person who at the time of release or threatened release of any hazardous material owned or operated any facility at which such hazardous materials were disposed of;

(3) any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous materials owned or possessed by such person, by any other person or entity, at any facility owned or operated by another person or entity and containing such hazardous materials;

(4) any person who accepts or accepted any hazardous materials for transport to disposal or treatment facilities selected by such persons, from which there is a release or a threatened release of hazardous materials; and

(5) any person who manufactured for commercial sale a hazardous material and who knew or should have known that the material presented a threat of harm to human health or the natural environment.

(b) In the event that the responsible person or persons fails to act in a timely manner to take the necessary removal and remedial actions, the Secretary may take such actions, order the responsible person or persons to act, or seek a court order requiring such actions. Any responsible person who fails to comply with such a court order shall be liable in an amount equal to three times the cost of such removal. Funds recovered under this section shall be deposited in the Environmental Contingency Fund established under section 1283 of this title.

(c) In any suit to enforce claims of the State under this section, it is not necessary for the State to plead or prove negligence in any form or manner on the part of the person specified in subsection (a) of this section. The State need only plead and prove the fact of the release or threatened release and that the person in question was as specified in subsection (a) of this section, or that the release or threatened release occurred at or involved any real property, structure, equipment, or conveyance under the control of that person. Any person who has released hazardous material as specified under subsection (a) of this section or is in any way responsible for any hazardous materials that the Agency of Natural Resources has removed or is removing pursuant to subsection 1283(b) of this title shall be strictly liable, jointly and severally, without regard to fault, for all cleanup, removal, and remedial costs. Where hazardous materials released by one person are or may be mixed with those released by another, the strict liability established under this section shall be with respect to the cleanup, removal, and remedial costs of all the materials involved; provided, however, it shall be a defense to joint and several liability under this section if the responsible person establishes by a preponderance of the evidence that he or she is responsible for only a certain portion of the costs of the cleanup, removal, and remedial action, considering such factors as the volume and toxicity of the material contributed by the person to the release, then that person's liability shall be limited to the amount so established. Operators of municipal landfills or persons operating landfills on behalf of municipalities shall not be jointly and severally liable under this section to the extent that they are acting as landfill operator. Generators of household waste, as defined by rule of the Secretary, shall not be liable under this section.

(d)(1) There shall be no liability under this section for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of hazardous material and the resulting damages were caused solely by any of the following:

(A) An act of God.

(B) An act of war.

(C) An act or omission of a third party other than an employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant. If the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail, for purposes of this section, there shall be considered to be no contractual relationship at all. This subdivision (d)(1)(C) shall only serve as a defense if the defendant establishes by a preponderance of the evidence:

(i) that the defendant exercised due care with respect to the hazardous material concerned, taking into consideration the characteristics of that hazardous material, in light of all relevant facts and circumstances; and

(ii) that the defendant took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from those acts or omissions.

(D) Any combination of subdivisions (A)-(C) of this subdivision (1).

(2) There shall be no liability under subdivision (a)(1) of this section, regarding a particular facility, for a person otherwise liable who can establish all of the following by a preponderance of the evidence:

(A) the release or threat of release of hazardous material on, under, or from that person's property and the resulting damages were caused solely by the migration of a release of hazardous materials that did not originate on that person's property;

(B) the release or threat of release of hazardous material and the resulting damages were caused solely by a third party who is not an employee or agent of the person and whose action was not associated with a contractual relationship with the person;

(C) the hazardous substance was not deposited, intentionally contained, or disposed of on a facility while the facility was owned or operated by the person;

(D) the person, at the time of any transfer of the property from the person, disclosed any knowledge or information the person had concerning the nature and extent of any such release;

(E) the person has not caused or contributed to a release, such as through activities that knowingly exacerbated the existing contamination, and has not knowingly affected the release in such a way as to require additional remediation; and

(F) the owner or operator of the facility provides access for, and does not interfere with, remediation activities.

(3) A municipality shall not be liable under subdivision (a)(1) of this section as an owner, provided that the municipality can show all the following:

(A) [Repealed.]

(B) The municipality did not cause, contribute to, or worsen a release or threatened release of a hazardous material at the property.

(C)(i) The municipality has entered into an agreement with the Secretary, prior to the acquisition of the property, requiring the municipality to conduct a site investigation with respect to any release or threatened release of a hazardous material and an agreement for the municipality's marketing of the property acquired.

(ii) The Secretary shall consult with the Secretary of Commerce and Community Development on the plan related to the marketing of the property.

(iii) The municipality may assert a defense to liability only after implementing a site investigation at the property acquired and taking reasonable steps defined by the agreement with the Secretary to market the property.

(iv) In developing an agreement regarding site investigation, the Secretary shall consider the degree and extent of the known releases of hazardous materials at the property, the financial ability of the municipality, and the availability of State and federal funding when determining what is required by the agreement for the investigation of the site.

(4) A regional development corporation or regional planning commission shall not be liable under subdivision (a)(1) of this section as an owner, provided that the regional development corporation or regional planning commission can show all the following:

(A) The regional development corporation or regional planning commission did not cause, contribute to, or worsen a release or threat of release at the property.

(B) The regional development corporation received, in the 12 months preceding the acquisition of the property, a performance contract for economic development pursuant to 24 V.S.A. chapter 76. The requirement of this subdivision (d)(4)(B) shall not apply to regional planning commissions.

(C)(i) The regional development corporation or regional planning commission has entered into an agreement with the Secretary, prior to the acquisition of the property, requiring the regional development corporation or regional planning commission to conduct a site investigation with respect to any release or threatened release of a hazardous material and an agreement for the regional development corporation's or regional planning commission's marketing of the property acquired.

(ii) The Secretary shall consult with the Secretary of Commerce and Community Development on the plan related to the marketing of the property.

(iii) The regional development corporation or regional planning commission may assert a defense to liability only after implementing a site investigation at the property acquired and taking reasonable steps defined by the agreement to market the property.

(iv) In developing an agreement regarding site investigation, the Secretary shall consider the degree and extent of the known releases of hazardous materials at the property, the financial ability of the regional development corporation or the regional planning commission, and the availability of State and federal funding when determining what is required by the agreement for the investigation of the site.

(5) A person shall not be liable under subdivision (a)(5) of this section, provided that the person demonstrates that he or she provided an adequate warning of the harm posed by the hazardous material known or that should have been known at the time the hazardous material was manufactured.

(e) Any person who is the owner or operator of a facility where a release or threatened release existed at the time that person became owner or operator shall be liable unless he or she can establish by a preponderance of the evidence, based upon a diligent and appropriate investigation of the facility in conformance with the requirements of section 6615a of this title, that he or she had no knowledge or reason to know that the release or threatened release was located on the facility.

(f) Except insofar as expressly provided in this section, nothing in this chapter shall be deemed to preclude the pursuit of any other civil or injunctive remedy by any person. The remedies in this chapter are in addition to those provided by existing statutory or common law.

(g)(1) A secured lender or a fiduciary, as the term fiduciary is defined in 14 V.S.A. § 204(2), shall not, absent other circumstances resulting in liability under this section, be liable as either an owner or operator under this section merely because of any one or any combination of more than one of the following:

(A) in the case of a secured lender, holding indicia of ownership in a facility primarily to ensure the repayment of a financial obligation;

(B) in the case of a fiduciary, acquiring ownership status when that status arises by law upon appointment or requiring or conducting any activity that is necessary to carry out the fiduciary's duties and falls within the scope of the fiduciary's authority;

(C) requiring or conducting financial or environmental assessments of a facility or any portion thereof;

(D) monitoring the operations conducted at a facility;

(E) requiring, through financial documents or otherwise, the management of hazardous materials at a facility in compliance with the requirements of this chapter and the rules adopted under this chapter;

(F) giving advice, information, guidance, or direction concerning the general business and financial aspects of a borrower's operations;

(G) providing general information concerning federal, State, or local laws governing the transportation, storage, treatment, and disposal of hazardous waste or hazardous materials;

(H) engaging in financial workouts, restructuring, or refinancing of a borrower's obligations;

(I) extending or denying credit to a person owning or in lawful possession of a facility;

(J) in an emergency, requiring or undertaking activities to prevent exposure of persons to hazardous materials or to contain a release;

(K) requiring or conducting abatement, investigation, remediation, or removal activities in response to a release or threatened release, provided that:

(i) prior notice of intent to do any such activity is given to the Secretary in writing, and, unless previously waived in writing by the Secretary, no such activity is undertaken for 30 days after receipt of such notice by the Secretary;

(ii) a workplan is prepared by a qualified consultant prior to the commencement of any such activity;

(iii) if the Secretary, within 30 days of receiving notice as provided in subdivision (i) of this subdivision (K), elects to undertake a workplan review and gives written notice to the secured lender or fiduciary of such election, no such activity is undertaken without prior workplan approval by the Secretary;

(iv) appropriate investigation is undertaken prior to any abatement, remediation, or removal activity;

(v) regular progress reports and a final report are produced during the course of any such activity;

(vi) all plans, reports, observations, data, and other information related to the activity are preserved for a period of 10 years and, except for privileged materials, produced to the Secretary upon request;

(vii) persons likely to be at or near the facility are not exposed to unacceptable health risk; and

(viii) such activity complies with all rules, procedures, and orders of the Secretary; or

(L) foreclosing on the facility and after foreclosure selling; winding up operations; undertaking an investigation or corrective action under the direction of the State or federal government with respect to the facility; or taking any other measure to preserve, protect, or prepare the facility prior to sale or disposition, provided that:

(i) a secured lender shall be liable as an operator if the secured lender participated in the management of the facility; and

(ii) a secured lender shall be liable as an owner if during the course of any transaction of the property, the secured lender fails to disclose any known release or threat of release.

(2) There shall be no protection from liability for a secured lender or a fiduciary under this subsection if the secured lender or fiduciary causes, worsens, or contributes to a release or threat of release of hazardous material. A secured lender or fiduciary who relies on subdivision (1)(K) of this subsection shall bear the burden of proving compliance with this subdivision.

(h) [Repealed.]

(i) In an action brought by the Secretary under this section, a responsible person may implead, or in a separate action a responsible person may sue, another responsible person or persons and may obtain contribution or indemnification, except that a person who is solely liable pursuant to subdivision (a)(5) of this section shall not be able to implead or to sue a person pursuant to this subsection. A responsible person who has resolved its liability to the State under this section through a judicially approved settlement and a secured lender or fiduciary with whom the Secretary has entered into an agreement under subsection (h) of this section shall not be liable for claims for contribution or indemnification regarding matters addressed in the judicially approved settlement or in the agreement. Likewise, a person who has obtained a certificate of completion pursuant to subchapter 3 of this chapter shall not be liable for claims for contribution or indemnification regarding releases or threatened releases described in the approved corrective action plan, as amended. Such a settlement or agreement or certificate of completion does not discharge any other potentially responsible person unless its terms so provide, but it reduces the potential liability of other potentially responsible persons by the relief agreed upon. A secured lender or fiduciary with whom the Secretary has entered into an agreement under subsection (h) of this section may not seek contribution or indemnification on the basis of such agreement from any other potentially responsible person. In any action for contribution or indemnification, the rights of any person who has resolved its liability to the State shall be subordinate to the rights of the State.
10 V.S.A. § 591 — VT Code / Title 10 / Chapter 24 / Section 591
§ 591. Vermont Climate Council
Status: in_force

(a) There is created the Vermont Climate Council (Council). The Council shall be composed of the following members:

(1) the Secretary of Administration, who shall serve as the Chair of the Council;

(2) the Secretary of Natural Resources or designee;

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

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

(5) the Secretary of Human Services or designee;

(6) the Secretary of Transportation or designee;

(7) the Commissioner of Public Safety or designee;

(8) the Commissioner of Public Service or designee;

(9) the following members who shall be appointed by the Speaker of the House:

(A) one member with expertise and professional experience in the design and implementation of programs to reduce greenhouse gas emissions;

(B) one member to represent rural communities;

(C) one member to represent municipal governments;

(D) one member to represent distribution utilities;

(E) one member to represent a statewide environmental organization;

(F) one member to represent the fuel sector;

(G) one member with expertise in climate change science; and

(H) one member to represent Vermont manufacturers.

(10) the following members who shall be appointed by the Committee on Committees:

(A) one member with expertise in the design and implementation of programs to increase resilience to and respond to natural disasters resulting from climate change;

(B) one member to represent the clean energy sector;

(C) one member to represent the small business community;

(D) one member to represent the Vermont Community Action Partnership;

(E) one member to represent the farm and forest sector;

(F) one youth member; and

(G) one member of a Vermont-based organization with expertise in energy and data analysis.

(b) The Council shall:

(1) Identify, analyze, and evaluate strategies and programs to reduce greenhouse gas emissions; achieve the State's reduction requirements pursuant to section 578 of this title; and build resilience to prepare the State's communities, infrastructure, and economy to adapt to the current and anticipated effects of climate change, including:

(A) creating an inventory of all existing programs that impact greenhouse gas emissions and their efficacy;

(B) evaluating and analyzing the technical feasibility and cost-effectiveness of existing strategies and programs and identifying, evaluating, and analyzing new strategies and programs that are based upon emerging scientific and technical information;

(C) analyzing each source or category of sources of greenhouse gas emissions and identifying which strategies and programs will result in the largest greenhouse gas emissions reductions in the most cost-effective manner;

(D) identifying, analyzing, and evaluating public and private financing strategies to support the transition to a reduced greenhouse gas emissions economy and a more resilient State; and

(E) evaluating and analyzing existing strategies and programs that build resilience, and identifying, evaluating, and analyzing new strategies and programs to prepare the State's communities, infrastructure, and economy to adapt to the current and anticipated effects of climate change.

(2) On or before December 1, 2021, adopt the Vermont Climate Action Plan (Plan) and update the Plan on or before July 1 every four years thereafter. The Plan shall set forth the specific initiatives, programs, and strategies that the State shall pursue to reduce greenhouse gas emissions; achieve the State's reduction requirements pursuant to section 578 of this title; and build resilience to prepare the State's communities, infrastructure, and economy to adapt to the current and anticipated effects of climate change.

(3) Identify the means to accurately measure:

(A) the State's greenhouse gas emissions and progress towards meeting the reduction requirements pursuant to section 578 of this title, including publishing emissions data in a timely manner;

(B) the effectiveness of the specific initiatives, programs, and strategies set forth in the Plan and updates to the Plan in reducing greenhouse gas emissions;

(C) the effect of climate change on the State's climate, wildlife, and natural resources; and

(D) the existing resilience of the State's communities, infrastructure, and economy and progress towards improving resilience to adapt to the current and anticipated effects of climate change.

(4) Provide guidance to the Secretary of Natural Resources concerning the form, content, and subject matter of rules to be adopted pursuant to section 593 of this chapter.

(c) The Council shall create the subcommittees listed in this subsection and may also create other subcommittees to advise the Council, assist in preparing the Plan, and carry out other duties. The Council may appoint members of the Council to serve as members of subcommittees and may also appoint individuals who are not members of the Council to serve as members of subcommittees.

(1) Rural Resilience and Adaptation Subcommittee. The Rural Resilience and Adaptation Subcommittee shall focus on the pressures that climate change adaptation will impose on rural transportation, electricity, housing, emergency services, and communications infrastructure, and the difficulty of rural communities in meeting the needs of its citizens. The Subcommittee shall:

(A) develop a municipal vulnerability index to include factors measuring a municipality's population, average age, employment, and grand list trends; active public and civic organizations; and distance from emergency services and shelter;

(B) develop best practice recommendations specific to rural communities for reducing municipal, school district, and residential fossil fuel consumption; fortifying critical transportation, electricity, and community infrastructure; and creating a distributed, redundant, storage-supported local electrical system;

(C) recommend a means of securely sharing self-identified vulnerable residents' information with State and local emergency responders and utilities;

(D) recommend tools for municipalities to assess their climate emergency preparedness, evaluate their financial capacity to address infrastructure resilience, and prioritize investment in that infrastructure; and

(E) utilize Vermont Emergency Management biennial reports to recommend program, policy, and legislative changes that will enhance municipal resilience to increased hazards presented by climate change.

(2) Cross-Sector Mitigation Subcommittee. This subcommittee shall focus on identifying the most scientifically and technologically feasible strategies and programs that will result in the largest possible greenhouse gas emissions reductions in the most cost-effective manner.

(3) Just Transitions Subcommittee. This subcommittee shall focus on ensuring that strategies to reduce greenhouse gas emissions and to build resilience to adapt to the effects of climate change benefit and support all residents of the State fairly and equitably. This subcommittee shall ensure that strategies consider the disproportionate impact of climate change on rural, low-income, and marginalized communities and that programs and incentives for building resilience are designed to be accessible to all Vermonters and do not unfairly burden any groups, communities, geographic locations, or economic sectors. This subcommittee may adopt a measurement tool to assess the equitability of programs and strategies considered by the Council.

(4) Agriculture and Ecosystems Subcommittee. This subcommittee shall focus on the role Vermont's natural and working lands play in carbon sequestration and storage, climate adaptation, and ecosystem and community resilience. This subcommittee will seek to understand current initiatives in the agricultural and forestry sectors and the businesses that depend on them and to develop actions and policies that restore wetlands; increase carbon stored on agricultural and forest land and in forest products; and support healthy agricultural soils and local food systems.

(d) The Council shall recommend necessary legislation to the General Assembly concerning:

(1) adopting market-based or alternative compliance mechanisms as part of the State's greenhouse gas emissions reduction strategies;

(2) changes to land use and development, including to chapter 151 of this title and 30 V.S.A. § 248, to reduce greenhouse gas emissions and promote resilience in response to climate change;

(3) statutory authority necessary to implement the Plan; and

(4) any other matter the Council deems appropriate.

(e) The Council shall have the administrative, technical, and legal assistance of the Agency of Natural Resources and the Department of Public Service and may request the assistance of any Executive Branch Agency and Department.

(f) A majority of the sitting members of the Council shall constitute a quorum, and action taken by the Council may be authorized by a majority of the members present and voting at any meeting at which a quorum is present. The Council may permit any or all members to participate in a meeting by, or conduct the meeting through the use of, any means of communication, including electronic, telecommunications, and video- or audio-conferencing technology, by which all members participating may simultaneously or sequentially communicate with each other during the meeting. A member participating in a meeting by this means is deemed to be present in person at the meeting. The Council shall meet at the call of the Chair or a majority of the members of the Council, and the Council may elect officers and adopt any other procedural rules as it shall determine necessary and appropriate to perform its work.

(g) Members of the Council and members of subcommittees who are not State employees shall be entitled to per diem compensation and reimbursement of expenses for each day spent in the performance of their duties, as permitted under 32 V.S.A. § 1010. These payments shall be made from monies appropriated to the Agency of Natural Resources.

(h) The members of the Council appointed pursuant to subdivision (a)(9) of this section shall be appointed to initial terms of two years, and members appointed pursuant to subdivision (a)(10) of this section shall be appointed to initial terms of three years. Thereafter, each appointed member shall serve a term of three years or until his or her earlier resignation or removal. A vacancy shall be filled by the appointing authority for the remainder of the unexpired term. An appointed member shall not serve more than three full consecutive three-year terms.

(i) On or before January 15, 2021 and every January 15 thereafter, the Council shall submit a written report to the General Assembly concerning the Council's activities and the State's progress towards meeting the greenhouse gas reduction requirements pursuant to section 578 of this title. On or before November 1, 2021 and every second November 1 thereafter, the Director of Vermont Emergency Management shall file a report with the Council concerning Vermont's overall municipal resilience to increased hazards presented by climate change that shall include hazard mitigation plans, local emergency management plans, and survey results as deemed appropriate by the Director. Subsequent reports shall include updates to document progress in local resilience. The report shall inform Council recommendations on policies to address gaps in local resilience.
10 V.S.A. § 2643 — VT Code / Title 10 / Chapter 83 / Section 2643
§ 2643. Town's liability for suppression of forest fires; State aid
Status: in_force

(a) A municipality in which a forest fire occurs shall pay the cost to suppress a forest fire that occurs on land that is not owned by the Agency of Natural Resources, including the costs of personnel and equipment. The Commissioner may, according to the Department fire suppression reimbursement policy, reimburse a municipality for all or a portion of the costs of suppressing a forest fire on land that is not owned by the Agency of Natural Resources.

(b) For the purpose of suppressing forest fires on lands owned by the Agency of Natural Resources, the State shall reimburse a town for all its forest fire suppression costs at a rate determined by the Commissioner according to the Department fire suppression reimbursement policy. If the total acreage of a forest fire is determined to be partially on land owned by the Agency of Natural Resources and partially on land owned by another party, the Commissioner shall, at a minimum, reimburse the town at a rate determined by the Commissioner according to the Department fire suppression reimbursement policy for costs incurred by the municipality on land owned by the Agency of Natural Resources.

(c) For any forest fire on lands owned by the Agency of Natural Resources to be considered eligible for reimbursement from the State, a town forest fire warden shall have reported the forest fire to the Commissioner within 14 days of extinguishment of the fire as required under section 2644 of this title. For reimbursement of fire suppression costs for forest fires on land owned by the Agency of Natural Resources, the town forest fire warden and the Commissioner or designee shall approve the costs before submission to the municipality for payment. The town forest fire warden may submit to the State on an annual basis a request for reimbursement of fire suppression costs on lands owned by the Agency of Natural Resources. The State shall reimburse a town for all applicable forest fire suppression costs when the reimbursement request is presented in a form approved by the Commissioner to the Commissioner by December 31 of each year.
10 V.S.A. § 123 — VT Code / Title 10 / Chapter 8 / Section 123
§ 123. Powers and duties
Status: repealed

(a) [Repealed.]

(b) The purposes of the Center shall be to:

(1) assure that all VGIS data are of high quality and are compatible with, useful to, and shared with other public-sector and private-sector data users;

(2) encourage the same high standards of quality and compatibility in other Vermont GIS cooperators;

(3) promote the efficient development and use of geographic information by agencies of the State, its political subdivisions, and Vermont businesses and citizens;

(4) facilitate the growth of commercial services within Vermont for the provision of spatial data, products, and services.

(c) Within the limits of available resources, the Center shall operate a program of standards development, data dissemination, and quality assurance, and shall perform the following duties:

(1) Provide or ensure provision of geographic information products and services to Vermont citizens, to local and regional planning organizations, to State government, to the federal government, and to private businesses and industries.

(2) Develop procedures for access to the VGIS. Those procedures shall ensure that VGIS data are readily available for the purposes of 24 V.S.A. chapter 117, as well as for the support of efficient and economical geographic analysis and decision making by government, business, and citizens of Vermont, at a reasonable cost and in reasonable forms.

(3) Develop, publish, maintain, and implement such VGIS standards as are necessary to assure that data are compatible with, useful to, and shared with all users of VGIS data, including geographic data standards relating to scale, accuracy, coding, documentation, data format, and physical media.

(4) In developing relevant policies, procedures, and standards, seek the consultation of institutions of higher learning, local government, local and regional planning, private business and industry, and other members of the public with an interest in or knowledge of GIS technology.

(5) For all geographic data that are or may be useful to the Center's users, and that have been collected by any part of State government or generated with State support, ensure that such data:

(A) Are developed and maintained so as to conform to VGIS standards.

(B) Upon request of a potential user, are actually made available to the user in a usable format in accordance with 1 V.S.A. § 316 relating to access to public records and related statutes.

(C) Are stored and distributed in a manner that will limit the disclosure of data containing individual identifiers to disclosure consented to by the individuals in the data.

(6) Assist in assessing VGIS financial needs and resources for cooperating State agencies, evaluating the adequacy of those financial resources to meet the goals of the three-year VGIS work plan, and developing alternate sources of revenue for VGIS data acquisition.

(7) Enter into memoranda of understanding, form contracts, and enter cooperative agreements for the development, acquisition, maintenance, distribution, and marketing of GIS data.

(8) Include in any contract for electronic products and services provisions that:

(A) Protect the security and integrity of VGIS information and of information systems that are shared by public agencies.

(B) Indemnify or limit the liability, if any, of the State of Vermont.

(9) Notify the State Librarian of the electronic services and products offered to the public. The notification must include a summary of the available format options and the cost of such products and services.

(10) Retain archive copies and act as a distributor for any State agency, as well as for other public and private entities, that prepares GIS data or electronic products that are compatible with, useful to, and shared with VGIS.

(11) Assist the Secretaries of Administration, of Transportation, of Natural Resources, of Human Services, and of Commerce and Community Development, and the commissioner or director of State departments and offices not within these agencies in the identification of information gathered within the respective agency, department, or office that is relevant to Vermont's GIS. Working in cooperation with each organization that identifies such information, the Center shall include components within the three-year VGIS work plan. Such cooperation may include:

(A) formulation of a “memorandum of understanding” between the organization and the Center, setting out roles and the relationship between the parties;

(B) periodic meetings to identify opportunities for improvement of VGIS information and applications gathered or used by the organization;

(C) identification of funding strategies, technical procedures, data conversion plans, and application development projects in which the Center can be of assistance to the organization.

(12) Provide to regional planning commissions, State agencies, and the general public orthophotographic imagery of the State at a scale appropriate for the production and revision of town property maps. Periodically, such digital imagery shall be updated to capture land use changes, new settlement patterns, and such additional information as may have become available to the Director or the Center.

(A) The Center shall supply to each town such orthophotographic imagery as has been prepared by it of the total area of that town. Any image shall be available, without charge, for public inspection in the office of the town clerk to whom the imagery was supplied.

(B) At a reasonable charge to be established by the Center and the Director, the Center shall supply to any person or agency other than a town clerk or lister a copy of any digital format orthophotographic imagery created under this section.

(C) Hard copy or nondigital format orthophotographic imagery created under this section shall be available for public review at the State Archives.

(d) The Center may provide specialized information or perform specialized services if these activities:

(1) contribute to achieving the purposes of the Center as stated in subsection (b) of this section;

(2) are pursued in partnership with the private sector; and

(3) are performed without cost to the taxpayer and all direct and indirect costs of obtaining these products and services are incurred by the customer or others.

(e) [Repealed.]
10 V.S.A. § 4083 — VT Code / Title 10 / Chapter 103 / Section 4083
§ 4083. Fish
Status: in_force

Any rule or amendment to a rule adopted pursuant to this subchapter that relates to fish may apply to all or any portion of the State and may address any or all of the following as to any species or varieties of fish:

(1) establish, extend, shorten, or abolish open seasons and closed seasons;

(2) establish, change, or abolish daily limits, season limits, possession limits, and size limits;

(3) establish and change territorial limits for the pursuit, taking, or killing of any species or varieties, and close or open lakes, streams, or parts thereof;

(4) prescribe the manner and the means of pursuing, taking, or killing any species or variety, including the prescribing of type or kinds of bait, lures, tackle, equipment, traps, or any other means or devices for taking such fish;

(5) prescribe such rules relating to transportation and exportation of fish as may be necessary for the enforcement of this part;

(6) establish rules regarding the purchase and sale of fish caught in Vermont, including prohibiting the sale of specified fish, seasons, limits, reporting requirements, and the manner and means of pursuing or taking fish, in accordance with the requirements of part 4 of this title.
10 V.S.A. § 7023 — VT Code / Title 10 / Chapter 161 / Section 7023
§ 7023. Waste separation; recoverability; and minimum facility design standards
Status: in_force

(a) Under the authority of section 7020 of this title, the Agency shall adopt rules establishing waste separation, recoverability, and minimum facility design standards for any low-level radioactive waste disposal facility including:

(1) a prohibition on shallow land burial;

(2) definitions of short-lived waste and long-lived waste;

(3) definition of hazardous life of the short-lived waste;

(4) requirements for maximum separation of short-lived and long-lived waste;

(5) requirements that the design be compatible with and complement the characteristics of the site as necessary for the performance objectives;

(6) requirements for active management during, and setting the length of, an institutional control period;

(7) requirements to control the dilution of long-lived waste where the purpose is to convert long-lived waste to short-lived waste or to change the federal classification;

(8) requirements for enhanced containment sufficient to meet the performance objectives;

(9) requirements for recoverability of the separated long-lived waste that are compatible with the performance objectives;

(10) requirements for structural integrity during the design life of the facility;

(11) requirements for monitoring, until the end of the institutional control period, that are adequate to detect failure of the facility in time to take reasonable remedial action and that provide for independent review and verification;

(12) requirements for long-term passive isolation of the waste from the environment, including the minimization of water intrusion and protection against intruders;

(13) requirements for the permanent unmistakable marking of the facility identifying it as hazardous to future human inhabitants;

(14) performance objectives for each stage of the life of the facility to ensure the protection of individuals and the general population from releases of radioactivity, the protection of individuals and the general population from direct radiation, the protection of individuals from and during intrusion; and

(15) capacity specifications to limit the size of the disposal facility to that necessary to dispose of the expected low-level radioactive waste.

(b) In establishing the definitions of short-lived and long-lived waste and in establishing the requirements for maximum separation of those wastes, the Agency shall ensure that the hazardous life of the short-lived waste is less than the institutional control period and shall consider the costs of separation and all risks from separating and disposing of the separated wastes. This should include the risks associated with the separation process, the placement of the separated wastes in the facility authorized by this chapter, the recovery of the long-lived waste and any transportation and preparation of that waste for permanent disposal.
10 V.S.A. § 913 — VT Code / Title 10 / Chapter 37 / Section 913
§ 913. Prohibition
Status: in_force

(a) Except for allowed uses adopted by the Department by rule, no person shall conduct or allow to be conducted an activity in a significant wetland or buffer zone of a significant wetland except in compliance with a permit, conditional use determination, or order issued by the Secretary.

(b) A permit shall not be required under this section for:

(1) any activity that occurred before the effective date of this section unless the activity occurred within:

(A) an area identified as a wetland on the Vermont significant wetlands inventory maps;

(B) a wetland that was contiguous to an area identified as a wetland on the Vermont significant wetlands inventory maps;

(C) the buffer zone of a wetland referred to in subdivision (A) or (B) of this subdivision (1);

(2) any construction within a wetland that is identified on the Vermont significant wetlands inventory maps or within the buffer zone of such a wetland, provided that the construction was completed prior to February 23, 1992, and no action for which a permit is required under the rules of the Department was taken or caused to be taken on or after February 23, 1992.
10 V.S.A. § 263 — VT Code / Title 10 / Chapter 12 / Section 263
§ 263. Loan; limitations
Status: in_force

(a) When it has been determined by the Authority that the establishment or expansion of a particular eligible facility will accomplish the public purposes of this act, the Authority may contract to loan to the obligor an amount not in excess of 40 percent of the cost of such eligible facility. In addition, the Authority shall have determined that the obligor has obtained from other independent and responsible sources, such as financial institutions or otherwise, a firm commitment for all other funds, over and above the loan of the Authority and such funds or property as the local development corporation may hold, necessary for payment of all of the cost of the project, and that the sum of all these funds, together with any funds, machinery, and equipment to be provided by the obligor is adequate for the completion and operation of the project.

(b) Any loan of the Authority under this subchapter shall be for a period of time and shall bear interest at such rate as determined by the Authority and shall be secured by a mortgage on the eligible facility or a lien on its assets for which the loan was made or upon the assets of a municipal communications plant, including the net revenues derived from the operation thereof, or both. The secured loan may be subordinate to one or more prior loans, including the liens securing the obligation issued to secure the commitment of funds from the independent and responsible sources and used in the financing of the economic development project. Monies loaned by the Authority shall be withdrawn from the Vermont Jobs Fund and paid over to the obligor in such manner as provided and prescribed by the rules of the Authority. All payments of principal and interest on the loans shall be deposited by the Authority in the Vermont Jobs Fund.

(c) Loans by the Authority for an eligible facility under this subchapter shall be made only in the manner and to the extent provided in this section, except, however, in those instances where an agency of the federal government participates in the financing of an eligible facility by loan, grant, or otherwise. When any federal agency participates, the Authority may adjust the required ratio of financial participation by the local development corporation, independent sources of funds, and the Authority in such manner as to ensure the maximum benefit available by the participation of the federal agency. Where any federal agency participating in the financing of an eligible facility is not permitted to take as security a mortgage, the lien of which is junior to the mortgage of the Authority, the Authority shall be authorized to take as security for its loan a mortgage junior in lien to that of the federal agency.

(d) The Authority may develop and incorporate into loan instruments formulae which require prepayment of loans when the profits attained by the borrower warrant prepayment.

(e) All real and personal property to which the Authority holds title by reason of foreclosure upon a mortgage or other security granted it pursuant to this subchapter, or a voluntary conveyance in lieu thereof, shall, as long as it is not leased or rented, be exempt from all taxes and special assessments of the State and all local municipal property taxes for the remaining balance of the tax year in which title becomes vested in the Authority and the entire next succeeding year; provided, however, that thereafter the Authority shall pay 50 percent of the local municipal property taxes annually assessed against such property during the term of the Authority's ownership.

(f) The Authority shall give preference to projects located within labor market districts declared to be economically depressed areas as defined by the Vermont Agency of Commerce and Community Development or the Vermont Department of Labor, or to projects located within the area that is a designated job development zone under chapter 29, subchapter 2 of this title.

(g) The Authority shall give preference to projects involving loans to employee-owned businesses, to businesses that are becoming employee-owned through the purchase of stock or business assets, and to start-up businesses that will be owned by substantially all of the employees.

(h) All actions of a municipality taken under this subchapter for the financing of an eligible project described in subdivision 212(6) shall be as authorized in section 245 of this title.

(i) The provisions of section 247 of this title shall apply to the financing of an eligible project described in subdivision 216(6) of this title.
10 V.S.A. § 7560 — VT Code / Title 10 / Chapter 166 / Section 7560
§ 7560. Administration of Electronic Waste Recycling Program
Status: in_force

(a) The Secretary of Natural Resources may contract for implementation and administration of the Standard Plan required under section 7552 of this title and, in so doing, shall comply with the Agency of Administration's current contracting procedures.

(b) In contracting for implementation and administration of the Standard Plan, the Secretary shall review the costs incurred by similar electronic waste collection and recycling programs in other states. The Secretary in his or her discretion may reopen the Standard Plan if bids received in response to a request for proposal exceed the average cost of collection and recycling incurred by similar electronic waste collection and recycling programs in other states.
10APPENDIX V.S.A. § 9 — VT Code / Title 10APPENDIX / Chapter 1 / Section 9
App. § 9. Wildlife rehabilitation
Status: in_force

1.0 Purpose (10 V.S.A. § 5215).

The proper care of distressed wildlife requires special knowledge and facilities not possessed by the general public. The purpose of this Regulation is to establish a licensed group of individuals collectively called wildlife rehabilitators to provide for the care of injured, debilitated, and in certain cases, orphaned wildlife so that such wildlife may be returned to the wild. Licensed pursuant to Vermont Fish and Wildlife Law, 10 V.S.A. § 5215(b), the wildlife rehabilitator is authorized to possess sick or injured wildlife and provide necessary aid. It is, therefore, possible to achieve more humane care and an earlier return to the wild.

Nothing in this Regulation authorizes or is intended to authorize a licensed wildlife rehabilitator to practice veterinary medicine in violation of Vermont State Law, Title 26. However, a licensed veterinarian may apply to become a rehabilitator. A rehabilitator rendering gratuitous services in case of emergency should not attempt diagnosis or treatment beyond his or her level of skill and training. No member of the Fish and Wildlife Department shall become a rehabilitator.

2.0 Definitions.

For purposes of this Part:

2.1. “Commissioner” means the Commissioner of the Department of Fish and Wildlife.

2.2. “Department” means the Department of Fish and Wildlife.

2.3. “Permit” means the license to possess wildlife for a limited time issued pursuant to Fish and Wildlife Law, 10 V.S.A. § 5215(b).

2.4. “Wild animals” means all animals including birds, other than domestic animals, whether or not native to Vermont, including the family canidae, any hybrid with domestic dogs.

2.5. “Wildlife rehabilitation” means the practice of providing care for injured or debilitated wild animals including their housing, feeding, emergency treatment and release to the wild.

2.6. “Big game” is defined as deer, bear, moose, wild turkey, caribou, elk.

2.7. “Orphaned wildlife” is defined as the young of the year whose survival in the wild is not possible without the presence of the mother.

3.0 Qualifications for appointment.

(a) A wildlife rehabilitator must:

(1) be over the age of 18 years, a resident of Vermont of good character and reputation in the community as judged by two character references written by persons not related to the applicant or to each other;

(2) not have been convicted of or pleaded guilty to a violation of Vermont Fish and Wildlife Law within the previous three years, nor have been convicted of any misdemeanor or felony within the previous three years;

(3) be interviewed by a State Game Warden employed by the Department to assess the applicant's proficiency in wildlife rehabilitation;

(4) include in the application:

(A) Name, address, telephone number and date of birth;

(B) Location of facilities;

(C) Related background experience;

(D) Experience and training;

(E) Species of interest (i.e.: mammals/raptors/passerines/amphibians/reptiles/all);

(F) Name and address of veterinarian who has agreed to assist or advise the applicant;

(G) Proof of adequate liability insurance to cover all handlers of wildlife.

4.0 Appointment.

(a) Application for appointment as wildlife rehabilitator must be submitted to the Chief Game Warden or his designee. The Chief Game Warden shall investigate and forward his recommendation along with the application to the Commissioner.

(b) Appointment as a wildlife rehabilitator will be made by the Commissioner after a determination that eligibility requirements for appointment have been met.

(c) Appointment will continue until:

(1) terminated by the Commissioner or his designee for just cause pursuant to section 6.

(2) resignation, incapacity or death of the wildlife rehabilitator.

5.0 Duties.

(a) The wildlife rehabilitator must:

(1) practice wildlife rehabilitation in a humane and professional manner;

(2) consult licensed veterinarians as necessary to ensure that proper care is administered to injured or debilitated wildlife;

(3) not require payment for the care, treatment or maintenance of wildlife;

(4) comply with applicable provisions of Fish and Wildlife Law and rules and regulations adopted pursuant thereto and with the Department's instructions concerning methods of wildlife rehabilitation, reporting requirements and any conditions contained in their license;

(5) display in a prominent place the license provided by the Department;

(6) submit to the Department in a timely manner all required records and reports properly executed;

(7) notify the Department at least 90 days in advance of moving his/her place of operation to a new location;

(8) allow authorized Department employees to inspect his/her wildlife rehabilitation operations and records at any reasonable time;

(9) participate in all training programs as may be required by the Department.

(b) Additionally, the wildlife rehabilitator may distribute, if appropriate, to persons who submit wildlife to them any material supplied by the Department relating to wildlife rehabilitation.

6.0 Termination of Appointment.

(a) Appointment as wildlife rehabilitator shall be terminated by the Commissioner after a hearing at any time, for any of the following reasons;

(1) the wildlife rehabilitator has ceased to meet the appropriate eligibility requirements for appointment as set forth in this Regulation;

(2) the wildlife rehabilitator has failed to perform duties as provided in this Regulation;

(3) conviction of any Fish and Wildlife Law in this state;

(4) conviction of any law relating to cruelty to animals.

(b) In cases where an appointment is terminated, the Department must hold a hearing upon written request of the wildlife rehabilitator within 20 days of written receipt of the written request. The Commissioner may: uphold the termination, or impose a period of probational approval of continued appointment.

7.0 Limitations.

(a) The wildlife rehabilitator permit is not an authorization for the handling of raptors or other wildlife requiring Federal permits, see section 7(e), nor is the permit a blanket authorization for the rearing of orphaned wildlife. Orphaned wildlife, except for threatened or endangered species, shall be immediately returned to the wild as soon as they can survive on their own.

(b) Big Game Animals. Rehabilitators will not attempt to rehabilitate any big game animal except as delineated below. (Big game animals are as defined by 10 V.S.A. § 4001.) Should the rehabilitator receive notification of an injured big game animal or receive an injured big game animal from any member of the public, the rehabilitator shall forthwith notify the nearest available State Game Warden. The State Game Warden shall handle the big game animal by either returning it to the wild, dispatching it in a humane manner, or, if the animal is a young of the year, he may allow the rehabilitator to possess the animal until it is well enough to be returned to the wild. If the officer feels the animal could survive if handled in this manner, the officer shall notify Fish and Wildlife Headquarters of the location and name of the licensed rehabilitator. The determination of whether a big game animal should be dispatched, because of its physical condition, is solely the responsibility of the officer or officers involved, as indicated by 10 V.S.A. § 4749 relating to deer.

(c) The sale, trade, barter or giving away of any live or dead animal, or parts thereof, is prohibited.

(d) No human contact, other than the licensee, their assistants, and a licensed veterinarian is permitted, nor will any wildlife be viewed by the general public. This section does not preclude Fish and Wildlife Department Wardens or biologists from inspecting the captive animals in the performance of their duties.

(e) All rehabilitators wishing to handle raptors and threatened or endangered species must have the proper Federal and/or State permits in their possession prior to handling same.

(f) Records—submission. The wildlife rehabilitator shall submit such reports as required by the Commissioner. Such reports shall be filed with the Division of Law Enforcement in Waterbury, Vermont on a monthly basis indicating type of animal, reason for acceptance, name and address of individual submitting the animal and nature of injuries or illness.

8.0 Housing and Feeding of Wildlife.

Wild animals acquired and handled pursuant to this regulation shall be housed, fed and cared for as recommended by the biologists of the Fish and Wildlife Department and the rehabilitators' consulting veterinarian.
10 V.S.A. § 374f — VT Code / Title 10 / Chapter 16A / Section 374f
§ 374f. Records
Status: in_force

The corporation shall keep an accurate account of all its activities.
10 V.S.A. § 566 — VT Code / Title 10 / Chapter 23 / Section 566
§ 566. State and federal aid
Status: in_force

Local air pollution control agencies established or approved pursuant to this chapter may make application for, receive, administer, and expend federal funds for the control of air pollution or the development and administration of programs related to air pollution control, provided the application is first submitted to and approved by the Secretary. The Secretary shall approve the application if it is consistent with this chapter and any other applicable requirements of law.
10 V.S.A. § 7021 — VT Code / Title 10 / Chapter 161 / Section 7021
§ 7021. Siting requirements
Status: in_force

(a) Under the authority of section 7020 of this title, the Agency shall adopt rules establishing the siting requirements for a low-level radioactive waste disposal facility that shall, at a minimum, require that:

(1) the disposal site shall not be located in an area that is incapable of being thoroughly characterized, modeled, analyzed, and monitored;

(2) the disposal site shall not be located in an area where projected population growth and future development are likely to affect the ability of the disposal facility to meet the performance objectives;

(3) the disposal site shall not be located in areas having known natural resources that, if exploited, would result in the failure of the disposal facility to meet the performance objectives;

(4) the disposal site shall not be located in a 500-year floodplain, coastal high-hazard zone, or wetland and must be generally well drained and free of areas of flooding or frequent ponding;

(5) the disposal site shall not be located in areas with excessive upstream drainage that could erode, expose, or inundate the waste disposal units;

(6) the disposal site shall not be located in an area with insufficient depth to watertable so that groundwater intrusion, perennial or otherwise, could occur;

(7) the hydrogeologic unit used for disposal shall not discharge groundwater to the surface within the disposal site;

(8) the disposal site shall avoid areas where tectonic processes such as faulting, folding, seismic activity, or vulcanism may occur with such frequency and extent to significantly affect the ability of the disposal site to meet the performance objectives;

(9) the disposal site shall avoid areas where surface geologic processes such as mass wasting, erosion, slumping, landsliding, or weathering occur with such frequency and extent to significantly affect the ability of the disposal site to meet the performance objectives;

(10) the disposal site shall not be located where nearby facilities or activities or any existing radioactive materials could adversely impact the ability of the site to meet the performance objectives or significantly mask the environmental monitoring program;

(11) the disposal site shall not be located above 2,500 feet in elevation;

(12) the disposal site shall not be located within a watershed of Class A waters or of a public water supply, or within or adjacent to an aquifer protection area, within or adjacent to Class I or Class II aquifers, or where surface water quality standards could be reasonably expected to be violated by the facility;

(13) the disposal facility shall not be located within 100 meters of a wetland, stream, river, lake, or pond, within 200 meters of designated outstanding resource waters, or within distances found critical by site investigation;

(14) the disposal site shall not be located in areas where failure of a dam or impoundment could adversely affect the ability of the disposal site to meet the performance objectives;

(15) the disposal site must be of sufficient size to allow the satisfaction of the performance objectives; and

(16) the disposal site must retard, or be capable of being modified to retard, the movement of radionuclides.

(b) The rules establishing the siting requirements for a low-level radioactive waste disposal facility shall also consider the following:

(1) the proximity of the disposal site to schools, historical sites, wilderness areas, parks (municipal, State, or national), State or wildlife refuges or management areas, military sites, or unique cultural areas;

(2) the potential for adverse effects on rare or endangered species;

(3) the population density of the area surrounding the disposal site and the likely impacts on local governmental units; and

(4) mitigation or avoidance of harm from unanticipated releases and from transportation accidents.
10 V.S.A. § 5104 — VT Code / Title 10 / Chapter 117 / Section 5104
§ 5104. Carcass of deer; fish and game imported from without United States or raised on propagation farms
Status: in_force

(a) The carcass of a deer taken by a resident or by a person as provided in sections 5201 and 5202 of this title, when open to view, may be transported during the time specified in section 5101 of this title by a common carrier without being tagged as provided in section 5102 of this title when accompanied by the owner thereof or, if so tagged, may be transported unaccompanied by the owner thereof.

(b) Fish and wildlife imported from without the United States, or raised on propagation farms as provided in this part, when so tagged, may be transported unaccompanied by the owner thereof in any number and quantity. Fish and wildlife for propagation purposes and the head, hide, feet, and fur of quadrupeds and the plumage and skins of game birds legally taken and possessed may be transported without being so tagged when accompanied by the owner thereof.
10 V.S.A. § 1627 — VT Code / Title 10 / Chapter 55 / Section 1627
§ 1627. Payment of awards
Status: in_force

The Department may make periodic grant payments based upon certification by the grantee that costs for which reimbursement is requested have been incurred and paid by the grantee. The recipient shall provide supporting evidence of payment upon the request of the Department. Partial payments shall be made not more frequently than monthly. Interest costs incurred in local short-term borrowing of the grant amount shall be reimbursed as part of the grant. After the construction has been completed, and its cost audited by the Department, the Department shall certify the remainder of the award to the Commissioner of Finance and Management who shall issue his or her warrant for payment.
10 V.S.A. § 483 — VT Code / Title 10 / Chapter 21 / Section 483
§ 483. Purposes and policy
Status: in_force

In order to promote the public health, safety, and other aspects of the general welfare, it is in the public interest to provide information about and help guide travelers to public accommodations and services, other businesses, and points of scenic, historic, cultural, educational, and religious interest. To provide that information, it is the policy of the State and the purpose of this chapter:

(1) To establish means by which the traveling public may receive general and specific travel information in a timely manner utilizing current marketing and technological systems.

(2) To provide for the effective collection and distribution of travel information.

(3) To prohibit the indiscriminate use of other outdoor advertising.
10 V.S.A. § 1278 — VT Code / Title 10 / Chapter 47 / Section 1278
§ 1278. Operation, management, and emergency response plans for pollution abatement center
Status: repealed

(a) Findings. The General Assembly finds that the State shall protect Vermont's lakes, rivers, and streams from pollution by implementing programs to prevent sewage spills to Vermont waters and by requiring emergency planning to limit the damage from spills which do occur. In addition, the General Assembly finds it to be cost effective and generally beneficial to the environment to continue State efforts to ensure energy efficiency in the operation of treatment facilities.

(b) Planning requirement. Effective July 1, 2007, the Secretary of Natural Resources shall, as part of a permit issued under section 1263 of this title, require a pollution abatement facility, as that term is defined in this section, to prepare and implement an operation, management, and emergency response plan for those portions of each pollution abatement facility that include the treatment facility, the sewage pumping stations, and the sewer line stream crossing. As used in this section, “pollution abatement facility” means municipal sewage treatment plants, pumping stations, interceptor and outfall sewers, and attendant facilities as prescribed by the Department to abate pollution of the waters of the State.

(c) Collection system planning. As of July 1, 2010, the Secretary of Natural Resources, as part of a permit issued under section 1263 of this title, shall require a pollution abatement facility, as that term is defined in subsection (b) of this section, to prepare and implement an operation, management, and emergency response plan for that portion of each pollution abatement facility that includes the sewage collection systems. The requirement to develop a plan under this subsection shall be included in a permit issued under section 1263 of this title, and a plan developed under this subsection shall be subject to public review and inspection.

(d) Plan components. An operation, management, and emergency response plan shall include the following:

(1) Identification of those elements of the facility, including collection systems that are determined to be prone to failure based on installation, age, design, or other relevant factors.

(2) Identification of those elements of the facility identified under subdivision (1) of this subsection that, if one or more failed, would result in a significant release of untreated or partially treated sewage to surface waters of the state.

(3) A requirement that the elements identified in subdivision (2) of this subsection shall be inspected in accordance with a schedule approved by the Secretary of Natural Resources.

(4) An emergency contingency plan to reduce the volume of a detected spill and to mitigate the effect of such a spill on public health and the environment.

(e) [Repealed.]
10 V.S.A. § 122 — VT Code / Title 10 / Chapter 8 / Section 122
§ 122. Vermont Center for Geographic Information; establishment
Status: repealed

(a) The State of Vermont shall support a comprehensive strategy for the development and use of a geographic information system, including:

(1) data and mapping standards;

(2) potential applications and their priorities;

(3) priorities for collecting and digitizing information;

(4) geographic location standards for all data collection;

(5) software and hardware standards;

(6) management needs;

(7) private sector cooperation;

(8) costs and benefits of use;

(9) [Repealed.]

(10) ways to make information gathered available to regional and municipal entities, commercial entities, the public, and others;

(11) ways to ensure that data gathered by governmental entities conforms to the geographic information system; and

(12) an implementation schedule.

(b) In order to develop and implement that strategy, and to ensure that all data gathered by State agencies that is relevant to the VGIS shall be in a form that is compatible with, useful to, and shared with that geographic information system, there is hereby established the Vermont Center for Geographic Information (the Center) as a unit of the Data Management Division under the Agency of Digital Services.

(c) [Repealed.]
10 V.S.A. § 861 — VT Code / Title 10 / Chapter 35 / Section 861
§ 861. Discontinuance
Status: in_force

Ditches and watercourses opened under the provisions of this chapter may be discontinued by the same proceedings and under the regulations provided for opening the same.
10 V.S.A. § 9 — VT Code / Title 10 / Chapter 1 / Section 9
§ 9. Investment in Vermont Community Loan Fund
Status: in_force

Notwithstanding any provision of 32 V.S.A. § 433(a) to the contrary, the State Treasurer is authorized to invest up to $2,000,000.00 of short-term operating or restricted funds in the Vermont Community Loan Fund on terms acceptable to the Treasurer and consistent with prudent investment principles and guidelines pursuant to 32 V.S.A. § 433(b)-(c).
10 V.S.A. § 1283a — VT Code / Title 10 / Chapter 47 / Section 1283a
§ 1283a. Contaminants of Emerging Concern Special Fund
Status: in_force

(a) The Contaminants of Emerging Concern Special Fund is established pursuant to 32 V.S.A. chapter 7, subchapter 5 to provide grants to public water systems responding to or remediating emerging contaminants in a public water supply. The Secretary of Natural Resources shall administer the Fund and may make disbursements from the Fund for the following costs:

(1) investigation of an actual or threatened impact to or contamination of natural resources or public assets presented by an emerging contaminant;

(2) reimbursement to any person for:

(A) expenditures made to provide alternative water supplies or to take other emergency measures deemed necessary by the Secretary to protect human health from emerging contaminants; or

(B) expenditures by a public asset to pay for the treatment or disposal of an emerging contaminant;

(3) payment of the costs of oversight or conducting assessment of a natural resource where injury has resulted or is likely to result from of an emerging contaminant; or

(4) payment of the costs of oversight or conducting restoration, replacement, or rehabilitation of a natural resource injured by an emerging contaminant.

(b) The Secretary may bring an action under this section or other available State and federal laws to enforce the obligation to repay the Fund.

(c) As used in this section:

(1) “Emerging contaminant” means:

(A) a hazardous material as defined in subdivision 6602(16) of this title;

(B) any constituent for which the Department of Health has established a health advisory; or

(C) any constituent that the Secretary determines is an imminent and substantial endangerment to human health, natural resources, or public assets.

(2) “Natural resources” means fish, wildlife, biota, air, surface water, groundwater, wetlands, drinking water supplies, or State-held public lands.

(3) “Public asset” means:

(A) any wastewater treatment facility permitted under chapter 47 of this title;

(B) any public water system or noncommunity system permitted under chapter 56 of this title;

(C) any potable water supply permitted under chapter 64 of this title; or

(D) any facility for the disposal of solid waste permitted under chapter 159, provided that the facility did not know that the waste was an emerging contaminant at the time of disposal.

(4) “Secretary” shall mean Secretary of Natural Resources.

(d) Nothing in this section shall be construed to preclude, supplant, or limit any other statutory or common-law rights or remedies.
10 V.S.A. § 4515 — VT Code / Title 10 / Chapter 109 / Section 4515
§ 4515. General penalty
Status: in_force

Whoever violates or attempts to violate a provision of this part or an order or regulation of the Board or of the Commissioner for which no other penalty is provided shall be fined not more than $1,000.00.
10 V.S.A. § 6671 — VT Code / Title 10 / Chapter 159 / Section 6671
§ 6671. Purpose
Status: in_force

The purpose of this subchapter is to establish an environmentally sound, cost-effective Paint Product Stewardship Program in the State that will undertake responsibility for the development and implementation of strategies to reduce the generation of postconsumer paint; promote the reuse of postconsumer paint; and collect, transport, and process postconsumer paint, including reuse, recycling, energy recovery, and disposal. The Paint Product Stewardship Program will follow the waste management hierarchy for managing and reducing postconsumer paint in the order as follows: reduce consumer generation of postconsumer paint, reuse, recycle, provide for energy recovery, and dispose. The Paint Product Stewardship Program will provide more opportunities for consumers to manage properly their postconsumer paint, provide fiscal relief for local government in managing postconsumer paint, keep paint out of the waste stream, and conserve natural resources.
10 V.S.A. § 1942 — VT Code / Title 10 / Chapter 59 / Section 1942
§ 1942. Petroleum distributor licensing fee
Status: in_force

(a) There is hereby established a licensing fee of one cent per gallon of motor fuel sold by a distributor or dealer or used by a user in this State, that will be assessed against every distributor, dealer, or user as defined in 23 V.S.A. chapters 27 and 28, and that will be deposited into the Petroleum Cleanup Fund established pursuant to subsection 1941(a) of this title. The Secretary, in consultation with the Petroleum Cleanup Fund Advisory Committee established pursuant to subsection 1941(e) of this title, shall annually report to the General Assembly on the balance of the Motor Fuel Account and shall make recommendations, if any, for changes to the program. The Secretary shall also determine the unencumbered balance of the Motor Fuel Account as of May 15 of each year, and if the balance is equal to or greater than $7,000,000.00, then the licensing fee shall not be assessed in the upcoming fiscal year. The Secretary shall promptly notify all sellers assessing this fee of the status of the fee for the upcoming fiscal year. This fee shall be paid in the same manner, at the same time, and subject to the same restrictions or limitations as the tax on motor fuels. The fee shall be collected by the Commissioner of Motor Vehicles and deposited into the Petroleum Cleanup Fund. This fee requirement shall terminate on April 1, 2031.

(b) There is assessed a licensing fee of one cent per gallon for the bulk retail sale of heating oil, kerosene, or other dyed diesel fuel sold in this State. This fee shall be subject to the collection, administration, and enforcement provisions of 32 V.S.A. chapter 233, and the fees collected under this subsection by the Commissioner of Taxes shall be deposited into the Petroleum Cleanup Fund established pursuant to subsection 1941(a) of this title. The Secretary, in consultation with the Petroleum Cleanup Fund Advisory Committee established pursuant to subsection 1941(e) of this title, shall annually report to the General Assembly on the balance of the Heating Fuel Account and shall make recommendations, if any, for changes to the program. The Secretary shall also determine the unencumbered balance of the Heating Fuel Account as of May 15 of each year, and if the balance is equal to or greater than $3,000,000.00, then the licensing fee shall not be assessed in the upcoming fiscal year. The Secretary shall promptly notify all sellers assessing this fee of the status of the fee for the upcoming fiscal year. This fee provision shall terminate on April 1, 2031.
10 V.S.A. § 4251 — VT Code / Title 10 / Chapter 105 / Section 4251
§ 4251. Taking wild animals and fish; license
Status: in_force

(a) Except as provided in sections 4253 and 4254b of this title, a person shall not take wild animals or fish without first having procured a license therefor; provided, however, that a person under 15 years of age may take fish in accordance with this part and regulations of the Board, without first having procured a license therefor.

(b) The Commissioner of Fish and Wildlife may designate two days each calendar year as “free fishing days” for which no license shall be required. One day shall occur in the open water fishing season and one day shall occur during the ice fishing season.

(c) The Commissioner of Fish and Wildlife may designate Labor Day weekend each year as “free mentored fishing weekend,” during which up to four unlicensed anglers aged 15 years or older can fish with one licensed angler throughout this three-day period.
10 V.S.A. § 8503 — VT Code / Title 10 / Chapter 220 / Section 8503
§ 8503. Applicability
Status: in_force

(a) This chapter shall govern all appeals of an act or decision of the Secretary, excluding enforcement actions under chapters 201 and 211 of this title and rulemaking, under the following authorities and under the rules adopted under those authorities:

(1) The following provisions of this title:

(A) chapter 23 (air pollution control);

(B) chapter 50 (aquatic nuisance control);

(C) chapter 41 (relating to dams, surface water withdrawals, interbasin transfers, and stream alterations, and regulation of stream flow);

(D) chapter 43 (dams);

(E) chapter 47 (water pollution control; lakes in crisis);

(F) chapter 48 (groundwater protection);

(G) chapter 53 (beverage containers; deposit-redemption system), except for those acts or decisions of the Commissioner of Taxes under section 1530 of this title;

(H) chapter 55 (aid to municipalities for water supply, pollution abatement, and sewer separation);

(I) chapter 56 (public water supply);

(J) chapter 59 (underground and aboveground liquid storage tanks);

(K) chapter 64 (potable water supply and wastewater system permit);

(L) section 2625 (regulation of heavy cutting);

(M) chapter 123 (protection of endangered species);

(N) chapter 159 (waste management);

(O) chapter 37 (wetlands protection and water resources management);

(P) chapter 166 (collection and recycling of electronic waste);

(Q) chapter 164A (collection and disposal of mercury-containing lamps);

(R) chapter 32 (flood hazard areas);

(S) chapter 49A (lake shoreland protection standards);

(T) chapter 83, subchapter 8 (importation of firewood);

(U) chapter 168 (product stewardship for primary batteries and rechargeable batteries);

(V) chapter 124 (trade in covered animal parts or products); and

(W) chapter 164B (collection and management of covered household hazardous products).

(2) 29 V.S.A. chapter 11 (management of lakes and ponds).

(3) 24 V.S.A. chapter 61, subchapter 10 (relating to salvage yards).

(4) 3 V.S.A. § 2810 (interim environmental media standards).

(b) This chapter shall govern:

(1) all appeals from an act or decision of a District Commission under chapter 151 of this title, excluding appeals of application fee refund requests;

(2) appeals from an act or decision of a district coordinator under subsection 6007(c) of this title; and

(3) appeals from findings of fact and conclusions of law issued by the Land Use Review Board in its review of a designated growth center for conformance with the criteria of subsection 6086(a) of this title, pursuant to authority granted at 24 V.S.A. § 2793c(f).

(c) This chapter shall govern all appeals arising under 24 V.S.A. chapter 117, the planning and zoning chapter.

(d) This chapter shall govern all appeals from an act or decision of the Environmental Division under this chapter.

(e) This chapter shall not govern appeals from rulemaking decisions by the Land Use Review Board under chapter 151 of this title or enforcement actions under chapters 201 and 211 of this title.

(f) This chapter shall govern all appeals of acts or decisions of the legislative body of a municipality arising under 24 V.S.A. chapter 61, subchapter 10, relating to the municipal certificate of approved location for salvage yards.

(g) This chapter shall govern all appeals of an act or decision of the Secretary of Natural Resources that a solid waste implementation plan for a municipality proposed under 24 V.S.A. § 2202a conforms with the State Solid Waste Implementation Plan adopted pursuant to section 6604 of this title.
10 V.S.A. § 488 — VT Code / Title 10 / Chapter 21 / Section 488
§ 488. Prohibition of other outdoor advertising
Status: in_force

No person may erect or maintain outdoor advertising visible to the travelling public except as provided in this chapter.
10 V.S.A. § 6605e — VT Code / Title 10 / Chapter 159 / Section 6605e
§ 6605e. Closure extension orders
Status: in_force

(a) Notwithstanding other provisions of this chapter, the Secretary, until December 31, 1992, may issue landfill closure extension orders pursuant to section 8008a of this title for the purpose of extending the July 1, 1992 landfill closure date for existing, operating, unlined landfills receiving waste as of January 1, 1992. This extension may run until October 9, 1993. An owner or operator making a request for this extension must file an application containing information supporting findings required by this section, prior to July 1, 1992. This extension may be granted:

(1) in order to bring the level of disposed waste up to the minimum acceptable closure grade, as established by rule, or

(2) where the solid waste management district, or municipality that is not a member of a district, from which the waste originates has adopted a solid waste implementation plan or an interim management plan for management of solid waste generated within that planning entity's area. The plan shall identify a proposed lined landfill disposal facility or a proposed combination of lined and inert landfill capability, the latter created according to the provisions of subsection 6605(d) of this title, and shall include a realistic schedule for the use, by no later than October 9, 1993, of this new facility by this planning entity.

(b) The Secretary may issue an order under subsection (a) of this section, upon finding:

(1) that the continued use of the unlined facility is necessary. Before finding that continued use of an unlined facility is necessary, with respect to a facility qualifying for an exemption under subdivision (a)(2) of this section, the Secretary shall first find that the planning entity lacks a lined landfill alternative that is reasonably available;

(2) that continued use of unlined capacity will not result in any horizontal expansion of waste disposal beyond areas where waste disposal has taken place legally, prior to July 1, 1992;

(3) that the existing landfill does not currently create significant environmental harm nor will the proposed continued use of the landfill for the period of the extension be likely to create significant environmental harm;

(4) that the facility is not causing any present contamination of an existing water supply and it is reasonable to expect that the facility will not cause such contamination during the period of the closure order. For the purposes of this subdivision, contamination is defined as exceeding any primary safe drinking water standard that has been promulgated by the U.S. Environmental Protection Agency;

(5) that the continued use of the unlined facility will not create undue adverse effects related to water pollution, air pollution, traffic, noise, litter, soil erosion, and visual conditions, as defined by the relevant criteria in subsection 6086(a) of this title;

(6) that any vertical expansion will not result in final grades in excess of those allowed under the solid waste management rules;

(7) that the owner and operator have demonstrated compliance with the financial responsibility requirements of the solid waste management rules, which in the case of municipalities shall mean having secured the local cost of closure by affirmative bond vote, reserve fund, or escrow account; and

(8) that the owner or operator has demonstrated that adequate, accessible, source separation opportunities exist for recycling and for management of unregulated hazardous waste within the municipalities that will use the facility. Any transfer station that serves the facility shall have source separation opportunities for recycling, unless the area is served by a curbside collection program for source separated recyclables.

(c) Owners and operators who, by July 1, 1992, have filed an application for an extension under the provisions of subsection (a) of this section, may remain open until December 31, 1992, unless they receive a closure order before that time from the Secretary. The Secretary may issue an order to close if the applicant is not likely to meet the criteria in this section.

(d) Any actions required to be performed at the landfill site pursuant to an order issued under this section and section 8008a of this title shall be exempt from certification and permit provisions of this chapter and from the requirement to obtain a permit or permit amendment under chapter 151 of this title. This section shall not exempt from jurisdiction under chapter 151 of this title any actions relating to closure of a landfill authorized pursuant to a certification issued under section 6605 or 6605b of this title, if those actions otherwise would be subject to jurisdiction under chapter 151.

(e) Orders under this section may be issued only if the landfill owner and operator produce a letter from the district in which the facility is located, indicating that receiving the waste is consistent with the district planning process. If the facility is not located within a district, these orders may be issued only on receipt of a letter from the municipality in which the facility is located, indicating that receiving the waste is consistent with the municipality's solid waste planning process.
10 V.S.A. § 7181 — VT Code / Title 10 / Chapter 164B / Section 7181
§ 7181. Definitions
Status: in_force

As used in this chapter:

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

(2) “Consumer product” means any product that is regularly used or purchased to be used for personal, family, or household purposes.

(3) “Covered entity” means any person who presents to a collection facility or event that is included in an approved collection plan any number of covered household hazardous products, with the exception of large quantity generators or small quantity generators as those terms are defined in the Agency of Natural Resources' Vermont Hazardous Waste Regulations.

(4)(A) “Covered household hazardous product” means a consumer product offered for retail sale that is contained in the receptacle in which the product is offered for retail sale, if the product has any of the following characteristics:

(i) the product or a component of the product is a hazardous waste under subchapter 2 of the Vermont Hazardous Waste Management Regulations, regardless of the status of the generator of the hazardous waste; or

(ii) the product is a gas cylinder.

(B) “Covered household hazardous product” does not mean any of the following:

(i) a primary or rechargeable battery;

(ii) a lamp that contains mercury;

(iii) a thermostat that contains mercury;

(iv) paint products as that term is defined in section 6672 of this title;

(v) a covered electronic device as that term is defined in section 7551 of this title;

(vi) a pharmaceutical drug;

(vii) citronella candles;

(viii) flea and tick collars;

(ix) pesticides required to be registered with the Agency of Agriculture, Food and Markets;

(x) products that are intended to be rubbed, poured, sprinkled on, sprayed on, introduced into, or otherwise applied to the human body or any part of a human for cleansing, moisturizing, sun protection, beautifying, promoting attractiveness, or altering appearance, unless designated as a hazardous material or a hazardous waste by the Secretary of Natural Resources; or

(xi) gas cylinders determined by the Secretary by rule not to pose an unacceptable risk to human health, solid waste facility operation, or the environment, and which are not hazardous waste.

(5)(A) “Gas cylinder” means:

(i) any nonrefillable cylinder and its contents supplied to a consumer for personal, family, or household use and shall include those containing flammable pressurized gas, spray foam insulating products, single-use and rechargeable handheld fire extinguishers, helium, or carbon dioxide, of any size not exceeding any cylinder with a water capacity of 50 pounds, including seamless cylinders and tubes, welded cylinders, and insulated cylinders intended to contain helium, carbon dioxide, or flammable materials such as propane, butane, or other flammable compressed gasses; or

(ii) refillable cylinders containing propane for personal, family, or household use not exceeding a water capacity of one pound.

(B) “Gas cylinder” does not include any medical or industrial-grade cylinder.

(6)(A) “Manufacturer” means a person who:

(i) manufactures or manufactured a covered household hazardous product under its own brand or label for sale in the State;

(ii) sells in the State under its own brand or label a covered household hazardous product produced by another supplier;

(iii) owns a brand that it licenses or licensed to another person for use on a covered household hazardous product sold in the State;

(iv) imports into the United States for sale in the State a covered household hazardous product manufactured by a person without a presence in the United States;

(v) manufactures a covered household hazardous product for sale in the State without affixing a brand name; or

(vi) assumes the responsibilities, obligations, and liabilities of a manufacturer as defined under subdivisions (i) through (v) of this subdivision (6)(A), provided that the Secretary may enforce the requirements of this chapter against a manufacturer defined under subdivisions (i) through (v) of this subdivision (6)(A) if a person who assumes the manufacturer's responsibilities fails to comply with the requirements of this chapter.

(B) “Manufacturer” does not mean a person set forth under subdivisions (A)(i)–(vi) of this subdivision (6) if the person manufacturers, sells, licenses, or imports less than $5,000.00 of covered household hazardous products in the United States in a program year and is registered with the Secretary.

(7) “Orphan covered product” means a covered household hazardous product for which no manufacturer is participating in a stewardship organization pursuant to section 7182 of this title.

(8) “Program year” means the period from January 1 through December 31.

(9) “Retailer” means a person who sells a covered household hazardous product in the State through any means, including a sales outlet, a catalogue, the telephone, the internet, or any electronic means.

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

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

(12) “Stewardship organization” means a legal entity such as an organization, association, or entity that has developed a system, method, or other mechanism that assumes the responsibilities, obligations, and liabilities under this chapter of multiple manufacturers of covered household hazardous products and that is:

(A) exempt from taxation under 26 U.S.C. §501(c)(3) of the Internal Revenue Code; and

(B) created by a group of producers to implement a collection plan in accordance with section 7183 of this title.
10 V.S.A. § 6615d — VT Code / Title 10 / Chapter 159 / Section 6615d
§ 6615d. Natural resource damages; liability; rulemaking
Status: in_force

(a) Definitions. As used in this section:

(1) “Acquisition of or acquiring the equivalent or replacement” means the substitution for an injured resource with a resource that provides the same or substantially similar services, when the substitution:

(A) is in addition to a substitution made or anticipated as part of a response action; and

(B) exceeds the level of response action determined appropriate for the site under section 6615b of this title.

(2) “Baseline condition” means the condition or conditions that would have existed at the area of assessed damages had the release of hazardous material at or from the facility in question not occurred.

(3) “Damages” means the amount of money sought by the Secretary for the injury, destruction, or loss of a natural resource.

(4) “Destruction” means the total and irreversible loss of natural resources.

(5) “Injury” means a measurable adverse long-term or short-term change in the chemical or physical quality or viability of a natural resource resulting either directly or indirectly from exposure to a release of hazardous material or exposure to a product of reactions from a release of hazardous materials.

(6) “Loss” means a measurable adverse reduction of a chemical or physical quality or viability of a natural resource.

(7) “Natural resource damage assessment” means the process of collecting, compiling, and analyzing information, statistics, or data through prescribed methodologies to determine the damages for injuries to a natural resource.

(8) “Natural resources” means fish, wildlife, biota, air, surface water, groundwater, wetlands, drinking water supplies, or State-held public lands.

(9) “Restoring,” “restoration,” “rehabilitating,” or “rehabilitation” means actions undertaken to return an injured natural resource to its baseline condition, as measured in terms of the injured resource's physical, chemical, or biological properties or the services it had previously provided, when such actions are in addition to a response action under section 6615 of this title.

(10) “Services” means the physical and biological functions performed by the natural resource, including the human uses of those functions.

(b) Authorization. The Secretary may assess damages against any person found to be liable under section 6615 of this title for a release of hazardous material for injury to, destruction of, or loss of a natural resource from the release. The measure of damages that may be assessed for natural resource damages shall include the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of the injured, damaged, or destroyed natural resources or the services the natural resources provided and any reasonable costs of the Secretary in conducting a natural resource damage assessment. The Secretary also may seek compensation for the interim injury to or loss of a natural resource pending recovery of services to the baseline condition of the natural resource.

(c) Rulemaking; methodology. The Secretary shall adopt rules to implement the requirements of this section, including a methodology by which the Secretary shall assess and value natural resource damages. The rules shall include:

(1) requirements or acceptable standards for the preassessment of natural resource damages, including requirements for:

(A) notification of the Secretary, natural resource trustees, or other necessary persons of potential damages to natural resources under investigation for the coordination of the assessments, investigations, and planning;

(B) authorized emergency response to natural resource damages when immediate action to avoid destruction of a natural resource is necessary or a situation in which there is a similar need for emergency action, and where the potentially liable party under section 6615 of this title fails to take emergency response actions requested by the Secretary; and

(C) sampling or screening of the potentially injured natural resource;

(2) requirements for a natural resource damages assessment plan to ensure that the natural resource damage assessment is performed in a planned and systematic manner, including:

(A) the categories of reasonable and necessary costs that may be incurred as part of the assessment plan;

(B) the methodologies for identifying and screening restoration alternatives and their costs;

(C) the types of reasonably reliable assessment procedures available to the Secretary, when the available procedures are authorized, and the requirements of the available procedures;

(D) how injury or loss shall be determined and how injury or loss is quantified; and

(E) how damages are measured in terms of the cost of:

(i) the restoration or rehabilitation of the injured natural resources to a condition where they can provide the level of services available at baseline condition; or

(ii) the replacement or acquisition of equivalent natural resources or services;

(3) requirements for post-natural resource damages assessment, including:

(A) the documentation that the Secretary shall produce to complete the assessment;

(B) how the Secretary shall seek recovery; and

(C) when and whether the Secretary shall require a restoration plan; and

(4) other requirements deemed necessary by the Secretary for implementation of the rules.

(d) Exceptions. The Secretary shall not seek to recover natural resource damages under this section when:

(1) the person liable for the release demonstrates that the nature and degree of the destruction, injury, or loss to the natural resources were identified in an application for, renewal of, review of, or other environmental assessment of a permit, certification, license, or other required authorization;

(2) the Secretary authorized the nature and degree of the destruction, injury, or loss to the natural resource in an issued permit, certification, license, or other authorization; and

(3) the person liable for the release was operating within the terms of its permit, certification, license, or other authorization.

(e) Limitations. The natural resource damages authorized under this section and the requirements for assessment under the rules authorized by this section shall not limit the authority of the Secretary of Natural Resources to seek or recover natural resource damages under other State law, federal law, or common law.

(f) Limit on double recovery. The Secretary or other natural resource trustee shall not recover natural resource damages under this section for the costs of damage assessment or restoration, rehabilitation, or acquisition of equivalent resources or services recovered by the Secretary or the other trustee under other authority of this chapter or other law for the same release of hazardous material and the same natural resource.

(g) Actions for natural resource damages. No action may be commenced for natural resource damages under this chapter unless that action is commenced within six years after the date of the discovery of the loss and its connection with the release of hazardous material in question.

(h) Limit on preenactment damages. There shall be no recovery under this section for natural resource damages that occurred wholly before the adoption of rules under subsection (c) of this section.

(i) Use of funds. Damages recovered as natural resource damages shall be deposited in the Environmental Contingency Fund established pursuant to section 1283 of this title.
10 V.S.A. § 6000 — VT Code / Title 10 / Chapter 151 / Section 6000
§ 6000. Purpose; construction
Status: in_force

The purposes of this chapter are to protect and conserve the environment of the State and to support the achievement of the goals of the Capability and Development Plan, of 24 V.S.A. § 4302(c), and of the conservation vision and goals for the State established in section 2802 of this title, while supporting equitable access to infrastructure, including housing.
10APPENDIX V.S.A. § 22 — VT Code / Title 10APPENDIX / Chapter 1 / Section 22
App. § 22. Turkey Seasons [Effective January 1, 2026]
Status: in_force

1.0 Authority

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

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

1.3 In accordance with 10 V.S.A. § 4084, this rule establishes daily, season and possession limits for game, territorial limits, and the manner and means of taking; to establish territorial limits for the taking of turkeys; and to establish restrictions on taking based upon sex, maturity or other physical distinction.

2.0 Purpose. The purpose of this regulation is to establish seasons for the taking of turkeys, to establish open Wildlife Management Units (WMUs) for the taking of turkeys, to establish methods of taking turkeys and to establish limits on the number of turkeys to be taken.

3.0 Definitions.

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

3.2 “Crossbow” means a device consisting of a bow mounted to a rigid stock for discharging bolts or arrows and having a mechanical means to hold and release the drawn string, which must be fired from the shoulder. A bolt means a short projectile for a crossbow that resembles an arrow and has a head that measures no less than 7/8 inch at its widest point. A crossbow shall have a minimum pull of 125 pounds, a working mechanical safety and a stock no less than 23 inches in length.

3.3 “Legal means” means the taking of a turkey by shotgun, crossbow, or archery equipment in conformance with Section 6 of this rule.

3.4 “Novice” means a person who obtained their first hunting license within the past 12 months and is 16 years of age or older.

3.5 “Wildlife Management Unit” (WMU) means one of 21 geographical areas in Vermont for which big game regulations may vary.

3.6 “Youth” means a person who is 15 years of age or younger.

4.0 Spring Season.

4.1 Dates: May 1, through May 31, inclusive.

4.2 Shooting hours: One-half hour before sunrise to twelve noon.

4.3 Legal turkey: Only wild turkeys with beard(s).

4.4 Bag Limit: Two bearded wild turkeys per person per season.

4.5 Open WMUs: Open statewide

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

5.0 Fall Season.

5.1 Dates and Open WMU's.

(a) Bow and Arrow, and crossbow only:

(i) Dates: From October 1 to Friday prior to the regular deer season, inclusive.

(ii) Open WMUs: Open Statewide

(b) Shotgun/Bow & Arrow/Crossbow Season

(i) Dates: Nine consecutive days beginning 21 days prior to the regular deer season, inclusive.

(ii) Open WMUs: B, D, G, H, I, J, L, M, O, P, and Q and their respective subunits.

(c) Shotgun/Bow & Arrow/Crossbow Season

(i) Dates: For 16 consecutive days beginning 21 days prior to the regular deer season, inclusive.

(ii) Open WMUs: subunits: WMUs F, K, and N and their respective subunits.

5.2 Shooting hours: One-half hour before sunrise to one-half hour after sunset.

5.3 Legal Turkey: Any wild turkey.

5.4 Bag limit: One turkey per person.

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

6.0 Legal Method of Taking:

6.1 Only a shotgun, crossbow, or bow and arrow may be used.

6.2 Only number 2 or smaller size shot shall be used or possessed.

6.3 An arrowhead must be at least 7/8th of an inch in width and have two or more cutting edges.

6.4 Rifles shall not be used or carried by any person while hunting turkeys. A person taking a turkey with a crossbow or bow and arrow may carry a handgun in accordance with 10 V.S.A. § 4252(b), however, that person may not use the handgun to take turkey.

6.5 No person shall use dogs in the spring, nor electronic calling devices, bait, live decoys, or participate in cooperative drives during either season.

6.6 Any person wishing to hunt turkey with a crossbow or bow and arrow must hold proof of having held an archery license or a certificate of satisfactory completion of a bowhunter education course from Vermont or another state or province of Canada which is approved by the Commissioner.

6.7 Unless it is uncocked, a person shall not possess or transport a crossbow in or on a motor vehicle, motorboat, airplane, snowmobile, or other motor-propelled vehicle except as permitted in accordance with 10 V.S.A. § 4705.

7.0 Youth Turkey Hunting Weekend

7.1 Youth turkey hunting weekend shall be the Saturday and Sunday prior to opening day of spring turkey season on May 1. Legal shooting hours shall be one half hour before sunrise until 5 p.m. Persons aged 15 or under holding a free youth turkey hunting weekend license shall be entitled to take wild turkey during these dates.

7.2 Legal Turkey: Only bearded turkeys may be taken.

7.3 Bag limit: One bearded turkey per youth. A youth may also hunt during the spring season and take two bearded turkeys during that season.

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

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

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

8.0 Novice Turkey Hunting Weekend

8.1 Novice Turkey Hunting Weekend: This season shall be concurrent with the Youth Turkey Hunting Weekend as prescribed in 10 V.S.A. § 4908 and section 7.1 of this rule.

8.2 Limit: One bearded turkey per novice. A novice may also hunt during the spring season and take two bearded turkeys during that season.

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

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

8.5 No novice shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.
10 V.S.A. § 687 — VT Code / Title 10 / Chapter 29 / Section 687
§ 687. Allocation system
Status: in_force

The Secretary, with the advice and assistance of the Board, shall establish a system for the allocation of community development program funds.

(1) The allocation system shall be based on the intent, purpose, goal, and objectives of this subchapter.

(2) The allocation system shall be competitive and shall provide the opportunity for any eligible municipality or municipalities to compete for funding for community development projects.

(3) The system shall ensure that a wide range of community development activities shall be eligible for funding. These may include:

(A) the acquisition, rehabilitation, or expansion of housing;

(B) the creation, expansion, or retention of employment through the stimulation of private investment and community revitalization;

(C) the installation, rehabilitation, or replacement of public facilities;

(D) activities that test the feasibility of innovative approaches to community development;

(E) activities that provide timely responses to unpredictable circumstances or special development opportunities.

(4) The allocation system shall include a method through which the need for, and impact of, the projects proposed by municipalities shall be measured and shall establish a process for evaluation of the applications.
10 V.S.A. § 1025 — VT Code / Title 10 / Chapter 41 / Section 1025
§ 1025. Penalty
Status: in_force

(a) A prosecution under this subsection may be commenced in the Superior Court of the county in which the alleged violation occurred. A person who violates a provision of this subchapter may be fined not more than $10,000.00. Each violation may be a separate offense upon commission. In the case of a continuing violation, each day's continuance thereof may be deemed a separate offense, starting from the day the violator is served with notice of the violation. The service shall be by hand or by certified mail, return receipt requested.

(b) For a violation of this subchapter, the Secretary may order restoration, and the responsible party or parties will bear the cost of restoration. Restoration will be under the supervision of the Secretary and will be deemed satisfactory only after receiving the approval of the Secretary.
10 V.S.A. § 1681 — VT Code / Title 10 / Chapter 56 / Section 1681
§ 1681. Criminal enforcement
Status: in_force

(a) Any permit holder or person who violates a provision of this chapter or the rules adopted pursuant to this chapter, who fails or neglects to obey or comply with the terms of a permit issued under this chapter, or who fails or neglects to obey or comply with an assurance of discontinuance or order relating to this chapter or the rules adopted pursuant to this chapter shall be fined not more than $5,000.00. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance shall be deemed a separate violation.

(b) Any permit holder or person who refuses to obey or comply with the terms of a permit issued under this chapter or who refuses to obey or comply with an assurance of discontinuance or order relating to this chapter or the rules adopted pursuant to this chapter shall be fined not more than $25,000.00 or be imprisoned not more than six months, or both. Each violation shall be a separate offense and, in the case of a continuing violation, each day's continuance shall be deemed a separate violation.

(c) Any person who knowingly makes a false statement, representation, or certification as to any material fact in any application, record, report, plan, testing result, or other document filed or required to be maintained under this chapter, or who falsifies, tampers with, or knowingly renders inaccurate a testing device or method required to be maintained under this chapter or the rules adopted pursuant to this chapter, or any permit or certification issued pursuant to this chapter, or any assurance of discontinuance or order relating to the provisions of this chapter or the rules adopted pursuant to this chapter shall be fined not more than $10,000.00 or be imprisoned for not more than six months, or both.

(d) When a municipal corporation, as defined in 24 V.S.A. § 3301, acquires any existing public water source or existing public water system, as defined in subdivisions 1671(4) and (5) of this title, the Secretary shall establish, in a permit issued under this chapter, a compliance schedule that provides for reasonable time and effort for the municipal corporation to achieve compliance with this chapter for any deficiencies in the acquired source or system. If the municipal corporation remains in compliance with the terms of its permit, no cause of action or grounds for enforcement shall lie against the municipal corporation for violations due to the reasons giving rise to the compliance schedule.
10 V.S.A. § 719 — VT Code / Title 10 / Chapter 31 / Section 719
§ 719. Elections
Status: in_force

After the issuance of a certificate by the Secretary of State certifying to the organization of a natural resources conservation district, nominating petitions shall be filed with the districts and shall be submitted to the Council once the nominee is approved by the districts as defined in section 720 of this title, who shall be qualified voters as hereinafter specified. No such nominating petition shall be accepted unless it shall be subscribed to by 25 or more owners of land lying within the boundaries of the district. Landowners may sign more than one nominating petition to nominate more than one candidate for supervisor. The names of all nominees shall appear, arranged in the alphabetical order of the surnames, upon ballots with a square before each name and a direction to insert an X mark in the square before one name to indicate the voter's choice. Only landowners shall be eligible to vote. The candidates who shall receive the largest number of the votes cast in the election shall be the elected supervisors for the districts. The Council shall pay all the expenses, supervise, prescribe rules, determine eligibility of voters, and publish the results of all elections.
10 V.S.A. § 7187 — VT Code / Title 10 / Chapter 164B / Section 7187
§ 7187. Agency responsibilities
Status: in_force

(a) Review and approve collection plans. The Secretary shall review and approve or deny collection plans submitted under section 7183 of this title according to the public notice and comment requirements of section 7714 of this title.

(b) Criteria for plan approval.

(1) The Secretary shall approve a collection plan if the Secretary finds that the collection plan:

(A) complies with the requirements of subsection 7183(b) of this title;

(B) provides adequate notice to the public of the collection opportunities available for covered household hazardous products;

(C) ensures that collection of covered household hazardous products will occur in an environmentally sound fashion that is consistent with the law or with any special handling requirements adopted by the Secretary;

(D) promotes the collection and disposal of covered household hazardous products; and

(E) is reasonably expected to meet performance goals and convenience standards.

(2) If a manufacturer or a stewardship organization fails to submit a plan that is acceptable to the Secretary because it does not meet the requirements of this chapter, the Secretary shall modify the submitted plan to make it conform to the requirements of this chapter and place the modified draft plan on notice pursuant to section 7714 of this title.

(c) Collection plan amendment. The Secretary, in the Secretary's discretion or at the request of a manufacturer or a stewardship organization, may require a stewardship organization to amend an approved collection plan. Collection plan amendments shall be subject to the public input provisions of section 7717 of this title.

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

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

(f) Special handling requirements. The Secretary may adopt by rule special handling requirements for the collection, transport, and disposal of covered household hazardous products.

(g) Agency collection plan. If no stewardship organization is formed on or before July 1, 2025 or the stewardship organization fails to submit a plan or submits a plan that does not meet the requirements of this chapter, the Secretary shall adopt and administer a plan that meets the requirements of section 7183 of this title. If the Secretary administers the plan adopted under section 7183, the Secretary shall charge each manufacturer the prorated costs of plan administration, the Agency's oversight costs, and an additional hazardous waste reduction assessment of 10 percent of the plan's total cost to be deposited in the Solid Waste Management Assistance Account of the Waste Management Assistance Fund, for the purpose of providing grants to municipalities and small businesses to prevent pollution and reduce the generation of hazardous waste in the State. When determining a manufacturer's assessment under this section, the Agency may allocate costs to a manufacturer of covered household hazardous products based on the sales of covered household hazardous products nationally prorated to the population of Vermont.
10 V.S.A. § 7106 — VT Code / Title 10 / Chapter 164 / Section 7106
§ 7106. Labeling of mercury-added products
Status: repealed

(a) No mercury-added product may be offered for final sale, sold at a final sale, or distributed in Vermont after July 1, 2007, unless both the product and its packaging are labeled in accordance with this section. This requirement also may be met by compliance with the terms of any approved alternative labeling method granted under subsection (h) or (i) of this section. A retailer may not be found in violation of this subsection if the retailer lacked knowledge that the product contained mercury.

(b) This section shall not apply to mercury-added button cell batteries, products containing mercury-added button cell batteries, photographic film, or the packaging of these products.

(c) If a mercury-added component is part of another product, the product containing the component, the component, and the product package must be labeled. The label on a product containing a mercury-added component shall identify the component with sufficient detail so that it may be readily located for removal.

(d) All labels must be legible and must clearly inform the purchaser or consumer, using words or symbols, in a minimum of 10 point font type, that mercury is present in the product and clearly specify that the mercury-added product should not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled, or otherwise managed to ensure that the mercury in the product does not become mixed with other solid waste or wastewater. Component, product, and package labels must be placed such that they are clearly visible. A label must also be visible prior to sale.

(e) Labels affixed to the product or any component shall be constructed of materials that are sufficiently durable to remain legible for the useful life of the product.

(f) Responsibility for product and package labels required under this section shall be on the manufacturer. In the case of a multi-component product in which a mercury-added component is included, the responsible manufacturer is the last manufacturer to produce or assemble the product. In the case of a mercury-added product imported from a foreign country, the importer shall assure the manufacturer has complied with this section before the offering for final sale or distribution of the product in Vermont.

(g) Any mercury-added product for which federal law governs labeling in a manner that preempts State authority shall be exempt from the requirements of this section. This section shall not apply to prescription drugs or any substance that may lawfully be sold over the counter without a prescription under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq.

(h) Alternative methods of labeling are as follows:

(1)(A) A manufacturer may apply to the Agency or the multistate clearinghouse for an alternative to the requirements of subsections (a) through (f) and (i) of this section where:

(i) strict compliance with the requirements is not feasible as determined by the Agency;

(ii) the proposed alternative would be at least as effective in providing presale notification of mercury content;

(iii) the proposed alternative would be at least as effective in providing instructions on proper disposal; or

(iv) federal law governs labeling in a manner that preempts State authority.

(B) The Agency may approve an alternative concerning a certain product category without application by manufacturers, but the Agency must consider other alternatives for the category upon application by a manufacturer for the use of an unapproved alternative.

(2) Applications for an alternative to the requirements of subsections (a) through (f) and (i) of this section must:

(A) document the justification for the requested alternative;

(B) describe how the alternative ensures that purchasers or recipients of mercury-added products are made aware of mercury content prior to purchase or receipt;

(C) describe how a person discarding the mercury-added product will be made aware of the need for proper handling to ensure that it does not become part of solid waste or wastewater;

(D) document the readiness of all necessary parties to implement the proposed alternative; and

(E) describe the performance measures to be utilized by the manufacturer to demonstrate that the alternative is providing effective presale notification and predisposal notification.

(3) The Agency may grant, deny, or approve with modifications or conditions a request for an alternative to the requirements of subsections (a) through (f) and (i) of this section. This approval of an alternative shall be for a period, specified by the Agency, of no less than two years. The Agency may review alternatives and modify or condition a previously approved alternative after providing notice to the affected parties. Modifications shall be implemented within a time frame approved by the Agency, which shall not exceed two years. Requests for renewals shall be submitted 90 days before the expiration of the approval. Prior to approving an alternative, the Agency may consult with states, provinces, and regional organizations to review consistency with other states that have similar legislation.

(4) Alternatives that authorize font sizes less than 10-point type that have been approved by the Agency prior to July 1, 2005 shall remain in effect until July 1, 2015.

(i) The following alternative methods of labeling for specific products are approved, and no further Agency approval is required:

(1) Labeling of a large appliance sold in a store where that appliance is on display shall meet all requirements of subsections (a) through (f) of this section, except that no package labeling is required.

(2) Labeling of all new motor vehicles shall meet all the requirements of subsections (a) through (f) of this section, except that the mercury-added components are not required to be labeled. A driver's side doorpost label applied by the manufacturer shall list the mercury-added components that may be present on the vehicle. Only in the case of a trade of a new vehicle by a dealer with a dealer in another state shall the motor vehicle dealer be responsible for applying the doorpost label to the vehicle. No labeling of used motor vehicles shall be required. For motor vehicles without doorposts, label placement will be subject to the approval of the Agency.

(3)(A) Labeling of products that contain, as their only mercury-added components, one or more lamps not intended to be replaceable by the user or consumer that are used for one or more of the purposes enumerated in this subdivision shall meet all the requirements of subsections (a) through (f) of this section, except no label is required on the internal lamp, no label is required on the package, and no label is required to be visible prior to purchase. A label must be included in the care and use manual or in the event that no care and use manual is produced for the product, the product instructions.

(i) Lamp purposes subject to this subdivision shall be:

(I) backlighting;

(II) liquid crystal display (LCD) panel;

(III) scanning images; or

(IV) copying images.

(ii) This subdivision (A) shall apply to products containing lamps used for other purposes, if those products are approved under subsection (h) of this section, except that there need not be compliance in this instance with the requirement established in subdivision (h)(1)(A)(ii), regarding the effectiveness of the proposed alternative.

(B) Labeling of products with a screen or LCD panel less than seven inches on the diagonal that contain, as their only mercury-added components, one or more lamps not intended to be replaceable by the user or consumer that are used for backlighting shall meet all the requirements of subsections (a) through (c) of this section by placing the label on the product or in the care and use manual or in the event that no care and use manual is produced for the product, the product instructions. No label is required on the internal lamp, and no label shall be required to be visible prior to purchase.

(C) Labeling of a product that contains as its only mercury-added components a lamp or lamps at least one of which is intended to be replaceable by the user or consumer must meet the labeling requirements of subsections (a) through (f) of this section, except no label is required to be visible prior to purchase. A label must also be included in the care and use manual or in the event that no care and use manual is produced for the product, the product instructions. If the replaceable lamp is placed within a housing intended to be replaceable by the user or consumer, the housing must also be labeled.

(D) Labeling of replacement components for products in subdivision (A) or (B) of this subdivision (3) shall meet all the requirements of subsections (a) through (f) of this section by labeling the package on the replacement component.

(4) [Repealed.]

(j) A manufacturer who offers for final sale, sells at a final sale, or distributes a product subject to the labeling requirements of this section shall certify to the Secretary, on a form provided by the Secretary, that the label conforms to the requirements of subsection (d) or (i) of this section.
10 V.S.A. § 690a — VT Code / Title 10 / Chapter 29 / Section 690a
§ 690a. Nonprofit revolving loan funds
Status: in_force

(a) Any revolving loan fund lender not required to be licensed pursuant to 8 V.S.A. § 2201(d)(9) shall register and maintain its registration with the Commissioner of Economic Development, on forms and by policy and methods prescribed by the Commissioner. The Commissioner shall require such lenders to pay an annual fee of not more than $50.00 to maintain their registration.

(b) Fees collected under this section shall be credited to a special fund established and managed pursuant to 32 V.S.A chapter 7, subchapter 5, and shall be available to the Department of Economic Development to offset the costs of providing those services.
10 V.S.A. § 7189 — VT Code / Title 10 / Chapter 164B / Section 7189
§ 7189. Rulemaking
Status: in_force

The Secretary of Natural Resources may adopt rules to implement the requirements of this chapter.
10 V.S.A. § 7157 — VT Code / Title 10 / Chapter 164A / Section 7157
§ 7157. Retailer obligations
Status: in_force

(a) Sale prohibited. Except as set forth under subsection (b) of this section, beginning July 1, 2012, no retailer shall sell or offer for sale a mercury-containing lamp unless the retailer has reviewed the Agency website required in subsection 7156(g) of this title to determine that the manufacturer of the mercury-containing lamp is implementing an approved collection plan or is a member of a stewardship organization.

(b) Inventory exception; expiration or revocation of manufacturer registration. A retailer shall not be responsible for an unlawful sale of a mercury-containing lamp under this subsection if:

(1) the retailer purchased the mercury-containing lamp prior to July 1, 2012; or

(2) the manufacturer's collection plan expired or was revoked, and the retailer took possession of the in-store inventory of mercury-containing lamps prior to the expiration or revocation of the manufacturer's collection plan.
10 V.S.A. § 6105 — VT Code / Title 10 / Chapter 151 / Section 6105
§ 6105. Transportation Improvement District and fee; Agency of Transportation
Status: in_force

(a) The Secretary may establish a TID and transportation impact fee in accordance with this section and section 6106 of this title if one or more capital transportation projects in the most recent Capital Transportation Program will provide capacity that benefits one or more future land use projects within a discrete geographic area or will provide capacity for future land use projects identified by a regional planning commission or municipality within a discrete geographic area.

(b) To establish a TID and transportation impact fee, the Secretary shall cause the Agency to issue a proposed TID and transportation impact fee.

(1) In preparing the proposal, the Agency shall consult with each regional planning commission, municipality, and the public in which the TID will be located on the geographic extent of the TID, the land use assumptions to be used, the performance standards and the consistency of the proposal with each applicable municipal and regional plan.

(2) The Agency shall prepare a transportation infrastructure plan for the capital transportation project that identifies highway, transit, bicycle, and pedestrian infrastructure needs of a proposed TID. The Agency's proposal shall identify the recommended geographic extent of the TID, the proposed performance standards within the TID, and the proposed transportation impact fee in accordance with section 6106 of this title.

(A) The infrastructure plan shall follow generally accepted planning and engineering standards.

(B) The performance standard for a TID shall be suitable for the area in which the TID is located.

(C) The proposed fee shall reflect a rational nexus between the needs that the transportation infrastructure plan is designed to meet and the benefits that will be provided or the impacts attributable to the proposed land use projects to which the fee will be assessed and shall be roughly proportional to those benefits or impacts.

(3) On issuance of the proposal, the Agency shall provide notice of a public hearing on the proposal before the Secretary. The notice shall include the date and location of the hearing, a description of the TID including the capital transportation project or projects, the TID's geographic extent, and the proposed transportation impact fee. The Agency shall provide the notice to each property owner within the TID, the municipal legislative body and municipal and regional planning commissions for the area in which the TID is located, and shall publish the notice on its web page and in a newspaper of general circulation in the geographic area of the TID. The date of the public hearing shall be not less than 30 days after issuance and publication of the notice.

(4) The Secretary shall hold a public hearing and take testimony on the Agency's proposal. The Secretary shall provide an opportunity for members of the public and affected property owners to testify.

(5) After completing the public hearing, the Secretary may approve, approve with revisions, or deny the Agency's proposal. The Secretary's approval shall establish the proposed TID and transportation impact fee, with any revisions required by the Secretary.

(c) The Secretary shall consider the following to establish the boundaries of a TID:

(1) the existing and planned pattern of development as set forth in the municipal or regional plans;

(2) the future land use projects to be served by the capital transportation projects that the TID will fund; and

(3) each land use project having transportation impacts that are mitigated by a capital transportation project to serve the TID.

(d) The Agency may assess a transportation impact fee to each land use project within a TID for which a State highway access permit is required under 19 V.S.A. § 1111. This subsection shall not apply to a development or subdivision requiring a permit under section 6081 of this title.

(e) The TID and transportation impact fee shall expire after the Secretary determines that the associated capital transportation project or projects no longer meet the approved performance standards.
10 V.S.A. § 1196 — VT Code / Title 10 / Chapter 45 / Section 1196
§ 1196. Report
Status: in_force

Beginning in 1989 and annually thereafter, the Advisory Commission shall file a report on its activities under this subchapter. The report shall be filed with the Agency of Natural Resources, the Governor, and the General Assembly on or before July 15.
10 V.S.A. § 6691 — VT Code / Title 10 / Chapter 159 / Section 6691
§ 6691. Definitions
Status: in_force

As used in this subchapter:

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

(2) “Carryout bag” means a bag provided by a store or food service establishment to a customer at the point of sale for the purpose of transporting groceries or retail goods, except that a “carryout bag” shall not mean:

(A) a bag made of paper when the paper has a basis weight of 30 pounds or less;

(B) a bag provided by a pharmacy to a customer purchasing a prescription medication;

(C) a bag used by customers inside a store to:

(i) package loose items, such as fruits, vegetables, nuts, coffee, grains, bakery goods, candy, greeting cards, or small hardware items;

(ii) contain or wrap frozen foods, meat, or fish; or

(iii) contain or wrap flowers;

(D) a laundry, dry cleaning, or garment bag, including bags provided by a store to protect large garments, such as suits, jackets, or dresses.

(3) “Expanded polystyrene” means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including: fusion of polymer spheres, known as expandable bead 20 polystyrene; injection molding; foam molding; and extrusion-blow molding, also known as extruded foam polystyrene.

(4)(A) “Expanded polystyrene food service product” means a product made of expanded polystyrene that is:

(i) used for selling or providing food or beverages to be used once for eating or drinking; or

(ii) generally recognized by the public as an item to be discarded after one use.

(B) “Expanded polystyrene food service product” shall include:

(i) food containers;

(ii) plates;

(iii) hot and cold beverage cups;

(iv) trays; and

(v) cartons for eggs or other food.

(C) “Expanded polystyrene food service product” shall not include:

(i) food or beverages that have been packaged in expanded polystyrene outside the State before receipt by a food service establishment or store;

(ii) a product made of expanded polystyrene that is used to package raw, uncooked, or butchered meat, fish, poultry, or seafood; or

(iii) nonfoam polystyrene food service products.

(5) “Food service establishment” has the same meaning as in 18 V.S.A. § 4301.

(6) “Plastic” means a synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during their life cycle and after disposal, including material derived from either petroleum or a biologically based polymer, such as corn or other plant sources.

(7) “Point of sale” means a check-out stand, cash register, or other point of departure from a store or food service establishment, including the location where remotely ordered food or products are delivered to a purchaser.

(8) “Recyclable paper carryout bag” means a carryout bag that is made of paper and that is recyclable.

(9) “Reusable carryout bag” means a carryout bag that is designed and manufactured for multiple uses and is:

(A) made of cloth or other machine-washable fabric that has stitched handles; or

(B) a polypropylene bag that has stitched handles.

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

(11) “Single-use plastic carryout bag” means a carryout bag that is:

(A) made of plastic;

(B) a single-use product; and

(C) not a reusable carryout bag.

(12) “Single-use plastic stirrer” means a device that is:

(A) used to mix beverages;

(B) made predominantly of plastic; and

(C) a single-use product.

(13) “Single-use plastic straw” means a tube made of plastic that is:

(A) used to transfer liquid from a container to the mouth of a person drinking the liquid; and

(B) is a single-use product.

(14) “Single-use product” or “single use” means a product that is generally recognized by the public as an item to be discarded after one use.

(15) “Store” means a grocery store, supermarket, convenience store, liquor store, drycleaner, pharmacy, drug store, or other retail establishment that provides carryout bags to its customers.
10 V.S.A. § 1195 — VT Code / Title 10 / Chapter 45 / Section 1195
§ 1195. Acceptance of grants and contributions
Status: in_force

The Commission may receive and accept grants, aid, or contributions of money, property, labor, or other things of value, to be expended to carry out the purposes of this subchapter.
10 V.S.A. § 4046 — VT Code / Title 10 / Chapter 103 / Section 4046
§ 4046. Cooperative wildlife projects
Status: in_force

(a) The State of Vermont hereby assents to the provisions of the act of Congress entitled “An act to provide the United States shall aid the states in wildlife restoration projects, and for other purposes,” approved September 2, 1937 (Public Law, No. 415, 75th Congress), and the Secretary is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in said act of Congress, in compliance with said act and with rules and regulations promulgated by the U.S. Secretary of the Interior thereunder; and no funds accruing to the State of Vermont from license fees paid by hunters shall be diverted for any other purpose than the administration of the Department of Fish and Wildlife.

(b) The Secretary may form cooperative agreements with the U.S. Secretary of the Interior under section 6(c) of the Endangered Species Act of 1973, Public Law 93-205, 16 U.S.C. § 1535(c), for the purpose of implementing chapter 123 of this title. Entry into any cooperative agreement shall not require the State to carry on any program in the event that federal funds are withdrawn or terminated.

(c) Any funds or in-kind services received by the State shall be administered by the Secretary.
10 V.S.A. § 2681 — VT Code / Title 10 / Chapter 83 / Section 2681
§ 2681. Importation of firewood; protection from invasive pests
Status: in_force

(a) Definitions. As used in this section:

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

(2) “Department” means the Department of Forests, Parks and Recreation.

(3) “Firewood” means untreated or treated wood processed for residential, recreational, or commercial use in any wood-burning appliance or fireplace, either indoor or outdoor, that is cut to a length less than 48 inches, either split or unsplit. “Firewood” shall not mean wood chips, wood pellets, pulpwood, logs 48 inches or more in length, or other wood sold or transported for manufacturing purposes.

(4) “Invasive species” means:

(A) nonnative plant pests that are capable of spreading into the State and that threaten forest health; and

(B) native plant pests, designated by the Commissioner, that are present in the State, that are capable of spreading to new areas of the State, and that threaten forest health.

(5) “Plant pests” shall be defined as in 6 V.S.A. § 1030(12).

(6) “Treated firewood” means firewood that has been processed and treated in a manner sufficient to prevent invasive species from surviving.

(7) “Untreated firewood” means firewood that is not treated firewood.

(b) Rulemaking. On or before July 1, 2015, the Commissioner, after consultation with the Secretary of Agriculture, Food and Markets, shall adopt rules regulating the importation of untreated firewood into the State. The rules shall:

(1) address whether certain types of untreated firewood should be prohibited from importation due to the potential to spread invasive species;

(2) address whether a treatment certificate or some other form of approval shall be required to import firewood from one or more states;

(3) address whether persons who produce or sell firewood in the State shall be required to track purchases of untreated firewood from out of State in order to allow for identification of sources of invasive species;

(4) address whether the State should design and implement a voluntary certification for treated firewood;

(5) include a process under which the Commissioner may waive requirements or prohibitions under the rule related to the importation of firewood when the Commissioner determines that waiver is in the public interest and poses minimal threat to forest health; and

(6) address any other issue the Commissioner identifies as necessary for preventing the importation of invasive species into the State when importing firewood.

(c) Penalties. Any person who violates a provision of this subchapter or the rules adopted under this subchapter shall be subject to a civil citation under section 8019 of this title.
10APPENDIX V.S.A. § 7 — VT Code / Title 10APPENDIX / Chapter 1 / Section 7
App. § 7. Bear Management Rule
Status: in_force

1.0 Authority.

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

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

1.3 In accordance with 10 V.S.A. § 4084, this rule establishes season and possession limits for black bear, and prescribes the manner and means of taking black bears.

2.0 Purpose.

The purpose of this regulation is to establish seasons for the taking of black bear, to establish legal means or methods of taking black bears, and to establish limits on the number of black bears to be taken annually.

3.0 Definitions:

3.1 “Accompany” for the purposes of hunting bear with dogs means that:

(a) A Sub-permittee engaged in the control, handling, transporting or intercepting of Department registered dogs while hunting with dogs, shall be under the express direction of the permit holder, and

(b) A Sub-permittee who harvests a black bear shall be under the direct control and supervision of the bear dog permit holder, including the ability to see and communicate with each other without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.

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

3.3 “Baited area” means an area where any animal, vegetable, fruit, mineral matter, honey, or any other substance capable of luring or attracting black bear or any wildlife, has been placed or deposited including, but not limited to, bird feeders.

3.4 “Bear Dog Permit” or “Permit” means a permit issued by the Commissioner to a person who wishes to hunt, pursue or take black bear with the aid of dogs.

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

3.6 “Control of Dog/Dogs” means the transportation, loading or unloading of dogs from vehicle(s); the handling, catching, restraining or releasing dogs; and the use of telemetry/GPS to locate or track dogs.

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

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

3.9 “Hunting with Dogs” for the purposes of this rule means that one or more dog(s) with Department Registered Dog-Tags are on the ground whether in pursuit of a black bear or not.

3.10 “Legal means” or “Legal method” means the taking of a black bear by muzzleloader, rifle, handgun, archery equipment, or crossbow.

3.11 “Pack of Dogs” means one to six dogs, acting as a unit during the pursuit of black bear.

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

3.13 “Relaying Dogs/Packs” means the removal and replacement of one or more dog or dogs to the trail of a bear to the original pack of dogs once the pursuit has begun. If the hunting or pursuit of a black bear commences with fewer than six dogs in the original Pack of Dogs, the addition of a dog or dogs shall not be considered relaying, provided that no more than the same six dogs are part of a single Pack of Dogs during the hunting, pursuing or taking of a black bear.

3.14 “Bear Tag” means a document issued by the Department authorizing the taking of a black bear in the current season.

3.15 “Unregistered Dog” means a dog that does not have a valid numbered dog license as described in 3.8.

4.0 Seasons and Shooting Hours.

4.1 Early and Late Season

(a) Early Season: For Vermont Residents: September 1 through the day before the first day of the Regular Deer Season. For Non-Vermont Residents without the use of dogs: September 1 through the day before the first day of the Regular Deer Season. For Non-resident Bear Dog Permit Holders: The early black bear season shall be open to Non-Resident bear dog permit holders on September 15 and not before.

(b) Late Season: For Vermont Residents and Nonresidents: The first day of the Regular Deer Season through the second Sunday of the Regular Deer Season.

4.2 Shooting hours: One half hour before sunrise until one half hour after sunset.

5.0 Tags and Bag Limit.

5.1 To take a black bear during the Early Season, a person must, in addition to a having a valid Vermont Big Game Hunting license, possess an Early Season Bear Tag issued separately by the Department.

5.2 To take a black bear during the Late Season, a person must have a valid Vermont Big Game Hunting license.

5.3 A person shall not harvest more than one black bear per calendar year, not to include animals taken pursuant to 10 V.S.A. § 4827.

6.0 The taking of bear with the aid of dogs.

6.1 Licenses and Permits Any person hunting, pursuing, harvesting, or in any manner involved in the taking of a black bear with the use of dogs must hold a valid Vermont Big Game Hunting License, use only Department Registered Dogs and have purchased a valid bear tag. In addition, the person hunting, pursuing, harvesting, or in any manner involved in the taking of a black bear with the use of dogs must hold a valid bear dog permit or accompany a bear dog permit holder. The permit shall be carried at all times by the permittee while hunting with dogs or taking black bear and exhibited to a game warden, landowner, or law enforcement officer upon demand.

6.2 Legal Methods.

(a) A person shall not take a black bear into his/her actual possession except by killing the bear by legal means or methods.

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

6.3 Dogs and Packs.

(a) A person shall not take black bear with the aid of dogs unless the person is in control of the dog or dogs.

(b) No person shall take a black bear with the aid of any Unregistered Dog. No person shall have an Unregistered Dog in his or her possession while hunting, pursuing or taking a black bear.

(c) A person hunting with dogs, pursuing, and taking black bear with the aid of dogs shall attach a Department Registration Dog-Tag and a metal identification name plate with the person's name, address and telephone number to the dog's collar.

(d) A person taking a black bear with the aid of dogs shall only take a black bear with a Pack of Dogs as defined in this rule. No person shall pursue, hunt, or take black bear by Relaying Dogs/Packs.

(e) Two or more permit holders may hunt together and combine Department Registered dog(s) to form a Pack of Dogs. The combined bear dog permit holders shall not take black bear with the aid of more than six dogs combined forming a single pack of dogs. Once hunting with dogs commences, dogs not on the hunt shall be restrained in the dog box or inside the vehicle. The combined bear dog permit holders shall not possess any Unregistered Dogs while hunting, pursuing or taking black bear.

7.0 Prohibitions.

7.1 No person shall place bait to attract black bear for the purposes of allowing a bear dog to catch/strike the scent of a black bear. No person take bear by using bait or a baited area.

7.2 A person shall not advertise, barter, exchange goods or services, or otherwise sell the use of a dog or dogs for the purpose of taking any black bear.

7.3 While hunting with dogs, no person shall have in their possession an Unregistered Dog while possessing Department Registered dogs.

7.4 It shall be a violation for a Vermont resident to apply for a bear dog permit for the purpose of allowing a nonresident bear dog owner to hunt bear in Vermont with the aid of dogs.

7.5 No person shall hunt black bear with a bow and arrow or crossbow if the arrow or bolt has an arrowhead that measures less than seven-eighths of an inch at its widest point or that has less than two sharp cutting edges.

8.0 Reporting.

8.1 The black bear carcass shall be field dressed prior to reporting.

8.2 Upon request of a Game Warden, the person harvesting the bear and the permit holder shall show and return to the kill site with a Game Warden.

8.3 All bear harvests shall be reported to a game warden, official Fish and Wildlife Department Reporting Station, or a person designated by the Commissioner within 48 hours. The person who harvested the bear and the bear dog permit holder must both be present to legally report the harvest. If the bear dog permit holder harvested the bear, only he or she must be present when reporting the harvest.

8.4 It shall be unlawful to provide false information when reporting a black bear taken with the aid of dogs.

8.5 The fine, points and any other penalty for any violation of this subsection 8 shall be assessed to the violator and in addition, to the permit holder if the violator is not the permit holder.

9.0 Biological Collection.

9.1 Any person who harvests a bear shall collect a premolar tooth and submit the tooth to a game warden, official Fish and Wildlife Department Reporting Station, or to a person designated by the Commissioner to receive the biological collection, within (30) thirty days of taking the bear.

9.2 Unless otherwise specified by statute, the failure to collect and submit a bear tooth shall not result in license suspension points and shall be considered a minor violation subject to a civil fine.
10 V.S.A. § 321 — VT Code / Title 10 / Chapter 15 / Section 321
§ 321. General powers and duties
Status: in_force

(a) The Board shall have all the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including those general powers provided to a business corporation by Title 11A and those general powers provided to a nonprofit corporation by Title 11B and including, without limitation of the general powers under Titles 11A and 11B, the power to:

(1) upon application from an eligible applicant in a form prescribed by the Board, provide funding in the form of grants or loans for eligible activities;

(2) enter into cooperative agreements with private organizations or individuals or with any agency or instrumentality of the United States or of this State to carry out the purposes of this chapter;

(3) issue rules in accordance with 3 V.S.A. chapter 25 for the purpose of administering the provisions of this chapter;

(4) transfer funds to the Department of Housing and Community Development to carry out the purposes of this chapter;

(5) make and execute all legal documents necessary or convenient for the exercise of its powers and functions under this chapter, including legal documents that may be made and executed with the State or any of its agencies or instrumentalities, with the United States or any of its agencies or instrumentalities, or with private corporations or individuals;

(6) receive and accept grants from any source to be held, used, or applied or awarded to carry out the purposes of this chapter subject to the conditions upon which the grants, aid, or contributions may be made;

(7) make and publish rules and regulations respecting its housing programs and such other rules and regulations as are necessary to effectuate its corporate purposes; and

(8) do any and all things necessary or convenient to effectuate the purposes and provisions of this chapter and to carry out its purposes and exercise the powers given and granted in this chapter.

(b)(1) The Board shall seek out and fund nonprofit organizations and municipalities that can assist any region of the State that has high housing prices, high unemployment, or low per capita incomes in obtaining grants and loans under this chapter for perpetually affordable housing.

(2) The Board shall administer the “HOME” affordable housing program that was enacted under Title II of the Cranston-Gonzalez National Affordable Housing Act (Title II, P.L. 101-625, 42 U.S.C. 12701-12839). The State of Vermont, as a participating jurisdiction designated by Department of Housing and Urban Development, shall enter into a written memorandum of understanding with the Board, as subrecipient, authorizing the use of HOME funds for eligible activities in accordance with applicable federal law and regulations. HOME funds shall be used to implement and effectuate the policies and purposes of this chapter related to affordable housing. The memorandum of understanding shall include performance measures and results that the Board will annually report on to the Vermont Department of Housing and Community Development.

(c) On behalf of the State of Vermont, the Board shall be the exclusive designated entity to seek and administer federal affordable housing funds available from the Department of Housing and Urban Development under the national Housing Trust Fund that was enacted under HR 3221, Division A, Title 1, Subtitle B, Section 1131 of the Housing and Economic Reform Act of 2008 (P.L. 110-289) to increase perpetually affordable rental housing and home ownership for low and very low income families. The Board is also authorized to receive and administer federal funds or enter into cooperative agreements for a shared appreciation and/or community land trust demonstration program that increases perpetually affordable homeownership options for lower income Vermonters and promotes such options both within and outside Vermont.

(d) On behalf of the State of Vermont, the Board shall seek and administer federal farmland protection and forestland conservation funds to facilitate the acquisition of interests in land to protect and preserve in perpetuity important farmland for future agricultural use and forestland for future forestry use. Such funds shall be used to implement and effectuate the policies and purposes of this chapter. In seeking federal farmland protection and forestland conservation funds under this subsection, the Board shall seek to maximize State participation in the federal Wetlands Reserve Program and other programs as is appropriate to allow for increased or additional implementation of conservation practices on farmland and forestland protected or preserved under this chapter.

(e) The Board shall inform all grant applicants and recipients of funds derived from the annual capital appropriations and State bonding act of the following: “The Vermont Housing and Conservation Trust Fund is funded by the taxpayers of the State of Vermont, at the direction of the General Assembly, through the annual Capital Appropriation and State Bonding Act.” An appropriate placard shall, if feasible, be displayed at the location of the proposed grant activity.
10APPENDIX V.S.A. § 13 — VT Code / Title 10APPENDIX / Chapter 1 / Section 13
App. § 13. Regulations for operating regulated shooting grounds
Status: in_force

13.1. A regulated shooting ground shall be at least 200 acres in area, on lands that the Commissioner deems suitable for the purpose. The land shall be enclosed as prescribed in 10 V.S.A. § 5218, and the notices prescribed therein shall contain the words: “Regulated Private Shooting Ground, Special Regulations in Effect.” The permittee may further include notice of such restrictions as they may desire as to trespassing. Such notices shall not be less than 18 inches long by one foot wide.

13.2 Permits will be issued to operate a regulated shooting ground for the following species only: mallard ducks, pheasant, quail, chukar partridge, and Hungarian partridge.

13.3 All birds released on regulated shooting grounds shall be at least 10 weeks old when released and raised on the premises, legally acquired from licensed breeders, or imported as provided in 10 V.S.A. § 4709.

13.4 The permittee shall keep a current record of the birds taken, which shall include the name and address of the person taking such birds, their hunting license number, the kind and number of birds taken, and the date of taking. Each hunter will receive a signed and dated receipt from the permittee showing the number and species of birds in possession.

13.5 The open season for taking game birds under these regulations shall be from January 1st to December 31st, both dates inclusive.

13.6 Annually within 40 days of the end of such season, the permittee shall file with the Fish and Wildlife Department a notarized report of the number and species of birds released, name of the breeder from which they were acquired, date released and the records as provided in paragraph 4.

13.7 Except as specially provided in this regulation, all laws and fish and wildlife regulations shall be in effect on regulated shooting grounds.
10 V.S.A. § 2673 — VT Code / Title 10 / Chapter 83 / Section 2673
§ 2673. Procedure on failure to appear; notice; rules
Status: in_force

If a defendant fails to appear or answer a fire prevention ticket or summons served upon the defendant and upon which a complaint has been filed, the court shall mail a notice to the defendant at the address stated in the complaint notifying the defendant that failure to appear will result in a fine. The notice shall be in the form prescribed by the Court Administrator, and a copy of the notice shall be sent to the town fire warden together with a copy of the complaint.
10 V.S.A. § 6621a — VT Code / Title 10 / Chapter 159 / Section 6621a
§ 6621a. Landfill disposal requirements
Status: in_force

(a) In accordance with the following schedule, no person shall knowingly dispose of the following materials in solid waste or in landfills:

(1) Lead-acid batteries, after July 1, 1990.

(2) Waste oil, after July 1, 1990.

(3) White goods, after January 1, 1991. “White goods” include discarded refrigerators, washing machines, clothes dryers, ranges, water heaters, dishwashers, and freezers. Other similar domestic and commercial large appliances may be added, as identified by rule of the Secretary.

(4) Tires, after January 1, 1992.

(5) Paint (whether water based or oil based), paint thinner, paint remover, stains, and varnishes. This prohibition shall not apply to solidified water based paint in quantities of less than one gallon, nor shall this prohibition apply to solidified water based paint in quantities greater than one gallon if those larger quantities are from a waste stream that has been subject to an effective paint reuse program, as determined by the Secretary.

(6) Nickel-cadmium batteries, small sealed lead acid batteries, nonconsumer mercuric oxide batteries, rechargeable batteries, primary batteries, and any other battery added by the Secretary by rule.

(7)(A) Labeled mercury-added products on or before July 1, 2007.

(B) Mercury-added products, as defined in chapter 164 of this title, after July 1, 2007, except as other effective dates are established in that chapter.

(8) After January 1, 2011, computers; peripherals; computer monitors; cathode ray tubes; televisions; printers; personal electronics such as personal digital assistants and personal music players; electronic game consoles; printers; fax machines; wireless telephones; telephones; answering machines; videocassette recorders; digital versatile disc players; digital converter boxes; stereo equipment; and power supply cords (as used to charge electronic devices).

(9) Mandated recyclable materials after July 1, 2015.

(10) Leaf and yard residuals and wood waste after July 1, 2016.

(11) Food residuals after July 1, 2020.

(12) Covered household hazardous products after July 1, 2026.

(b) This section shall not prohibit the designation and use of separate areas at landfills for the storage or processing, or both, of material specified in this section.

(c) Insofar as it applies to the operator of a solid waste management facility, the Secretary may suspend the application of this section to material specified in subdivision (a)(2), (3), (4), (5), or (6) of this section, or any combination of these, upon finding that insufficient markets exist and adequate uses are not reasonably available to serve as an alternative to disposal.

(d) The landfill disposal ban under subdivisions (a)(9)-(11) of this section shall not apply to mandated recyclables, leaf and yard residuals, or food residuals collected as part of a litter collection event operated or administered by a nonprofit organization or municipality.
10 V.S.A. § 735 — VT Code / Title 10 / Chapter 31 / Section 735
§ 735. Validation of defectively organized districts
Status: in_force

All natural resources conservation districts heretofore organized are hereby recognized and declared to be natural resources conservation districts subject to the provisions of this chapter, notwithstanding any defect in the process of their organization.
10 V.S.A. § 4139 — VT Code / Title 10 / Chapter 103 / Section 4139
§ 4139. Closed waters by agreement with owners of land
Status: in_force

The Commissioner, by agreement with the owners of lands through which private waters flow or in which private waters lie, the same not being boatable waters, may close such waters, or parts thereof, against fishing, and such waters while closed shall be considered closed waters. In the name of the State, the Commissioner may receive from the owners of such lands such deeds or writings as are necessary for this purpose. Such waters shall not thereafter during the term for which they are closed be included in private preserves or propagation farms. Notice that such waters are closed shall be given by notices posted conspicuously upon the banks or shores of such waters.
10 V.S.A. § 2644 — VT Code / Title 10 / Chapter 83 / Section 2644
§ 2644. Duties and powers of fire warden
Status: repealed

(a) When a forest fire or fire threatening a forest is discovered in his or her town, the town forest fire warden shall enter upon any premises and take measures for its prompt control, suppression, and extinguishment. The town forest fire warden may call upon any person for assistance. The town forest fire warden may choose to share or delegate command authority to a chief engineer of a responding fire department or, in the chief's absence, the highest ranking assistant firefighter present during the fire.

(b) A town forest fire warden shall keep a record of his or her acts, the number of fires and causes, the areas burned over, and the character and amount of damages done in the warden's jurisdiction. Within two weeks after the extinguishment of a fire, the town forest fire warden shall report the fire to the Commissioner, but the making of a report under this subsection shall not be a charge against the town.

(c) [Repealed.]
10 V.S.A. § 6610a — VT Code / Title 10 / Chapter 159 / Section 6610a
§ 6610a. Enforcement
Status: in_force

(a) Notwithstanding any other provision of this chapter, the Secretary, upon receipt of information that the storage, transportation, treatment, or disposal of any solid waste or hazardous waste may present a hazard to the health of persons or to the environment or may be in violation of any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order or certification issued under this chapter, may take such action as the Secretary determines to be necessary. The action the Secretary may take includes:

(1) After notice and opportunity for hearing, issuing an order directing any person to take such steps as are necessary to prevent the act, correct the condition, or eliminate the practice that constitutes such hazard or violation. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation.

(2) Requesting that the Attorney General or appropriate State's Attorney commence an action for injunctive relief, or for the imposition of penalties and fines as provided in section 6612 of this title and other relief as appropriate. The court may issue a temporary injunction or order in any such proceedings and may exercise all the plenary powers available to it in addition to the power to:

(A) enjoin future activities;

(B) order the design, construction, installation, or operation of abatement of facilities or alternate disposal systems;

(C) order removal of all wastes and restoration of the environment and health;

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

(E) assess and award punitive damages; and

(F) order reimbursement to any agency of federal, state, or local government from any person whose act caused governmental expenditures under section 1283 of this title.

(3) Other enforcement action authorized under chapter 201 or 211 of this title.

(b) The hearing by the Secretary under subdivision (a)(1) of this section shall be conducted as a contested case. The Secretary may issue an emergency order without a prior hearing when an ongoing violation presents an immediate threat of substantial harm to the environment or an immediate threat to the public health. An emergency order shall be effective upon actual notice to the person against whom the order is issued. Any person to whom an emergency order is issued shall be given the opportunity for a hearing within five business days of the date the order is issued.

(c) This subsection shall apply only to facilities subject to exemption from the provisions of chapter 151 of this title, as provided by the provisions of subsection 6081(h) of this title. With respect to facilities subject to this subsection, notwithstanding any other provision of this chapter, the Secretary may take such action as the Secretary determines to be necessary, upon receipt of information that the storage, transportation, treatment, or disposal of any solid waste or hazardous waste may present a hazard to the health of persons or to the environment or may be in violation of any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order or certification issued under this chapter, or upon receipt of information that a solid waste disposal facility has failed to perform closure and post-closure operations as deemed necessary by the Secretary to preserve and protect the air, groundwater, surface water, public health, and the environment. The action the Secretary may take includes:

(1) After notice and opportunity for hearing, issuing an order directing any person to take such steps as are necessary to prevent the act, correct the condition, or eliminate the practice that constitutes such hazard or violation. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation.

(2) Requesting that the Attorney General or appropriate State's Attorney commence an action for injunctive relief, or for the imposition of penalties and fines as provided in section 6612 of this title and other relief as appropriate. The court may issue a temporary injunction or order in any such proceedings and may exercise all the plenary powers available to it in addition to the power to:

(A) enjoin future activities;

(B) order the design, construction, installation, or operation of abatement facilities or alternate disposal systems, final cover systems and lining measures, monitoring, reporting and evaluation, remediation measures, financial responsibility and capability mechanisms, and other requirements deemed necessary and no less stringent than minimum program requirements by the Secretary;

(C) order removal of all wastes and restoration of the environment and health;

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

(E) assess and award punitive damages; and

(F) order reimbursement to any agency of federal, state, or local government from any person whose act caused governmental expenditures under section 1283 of this title.
10 V.S.A. § 1458 — VT Code / Title 10 / Chapter 50 / Section 1458
§ 1458. Grant-in-aid to municipalities and agencies of the State
Status: in_force

(a) A municipality or agency of the State that desires State assistance to control aquatic nuisances may apply in writing to the Agency of Natural Resources in a manner prescribed by the Agency of Natural Resources.

(b) When the Agency finds that a proposed aquatic nuisance control program is suitable to control or minimize the effect an aquatic nuisance has on water quality and water use, it may award a grant of 75 percent or less of the project costs as determined by the Agency. Recurring maintenance projects may be awarded grants of 75 percent or less of the annual project cost. In approving requests and determining the amount of any grant, the Agency shall consider the following:

(1) the use of the waters by persons outside the municipality in which the waters are located;

(2) the long-range effect of the control project;

(3) the recreational use of the waters; and

(4) the effectiveness of municipal shoreland zoning and other controls in minimizing or preventing existing or new development from having any adverse effects on the waters subject to the control program.

(c) The Agency shall make awards to priority projects to the extent funds are available. First priority shall be projects to manage incipient infestations of aquatic nuisances, second priority shall be projects to prevent or control the further spread of aquatic nuisances, and third priority shall be recurring maintenance projects. In establishing priorities for individual projects, the Agency shall consider the following:

(1) public accessibility and recreational uses;

(2) the importance to commercial, agricultural, or other interests;

(3) the degree of local interest, as manifested by municipal or other contributions to the project;

(4) local efforts to control aquatic nuisances;

(5) other considerations affecting feasibility, probability of achieving long-term control, and necessity or advantage of the proposed work; and

(6) the extent to which the control project is a developmental rather than a maintenance program.

(d) With the approval of the Secretary, the Agency may use funds provided under this section as well as other funds for restoration, management, or protection projects or for studies in the best interests of the State when the appropriate municipal applicant is not available or not eligible to receive a grant.

(e) When the Agency finds that a proposed aquatic nuisance control program is necessary and involves construction or installation of permanent facilities designed to control or minimize the effect that an aquatic nuisance has on water quality or water use, it may award a grant of up to 50 percent of the nonfederal costs of the project provided that evidence is received that the project applicant has voted funds in a specific amount to undertake the project. The applicant shall demonstrate it has or will acquire adequate interests in the site of the project to provide undisturbed possession and use during the life of the project and shall demonstrate ability to operate and maintain the project. The applicant may enter into agreements with the Agency for prosecution of all or any portion of the project. For purposes of this subsection, corporations registered with the Secretary of State may be eligible applicants.

(f) The Agency may make periodic grant payments upon submission by the grantee showing that costs for which reimbursement is requested have been incurred and paid by the grantee. Partial payments shall be made not more frequently than monthly. After the project has been completed and its costs audited by the Agency, the Agency shall certify the remainder of the award to the Commissioner of Finance and Management who shall issue his or her warrant for payment. Interest costs incurred in local short-term borrowing of the grant amount may be reimbursed as part of the grant.
10 V.S.A. § 4910 — VT Code / Title 10 / Chapter 113 / Section 4910
§ 4910. Enforcement discretion
Status: in_force

For purposes of migratory bird protection in this title, the Commissioner has authority to exercise enforcement discretion, including refraining from taking any enforcement action for the incidental take of migratory birds. Enforcement, if any, shall focus on activities that have at least local population level impacts on migratory birds.
10 V.S.A. § 953 — VT Code / Title 10 / Chapter 39 / Section 953
§ 953. Flood prevention contracts under federal programs
Status: in_force

In addition to its powers and duties under chapters 37 and 43 of this title, the Department of Environmental Conservation, when requested by local agencies, and acting alone or with other State or local agencies, with the approval of the Governor, may contract in the name of the State for constructing, maintaining, and operating improvements for flood prevention or conserving, developing, using, and disposing of water under Public Law 83-566. The Department of Environmental Conservation may also give technical or other assistance to natural resources conservation districts and other local sponsoring agencies in carrying out their responsibilities under section 4 of Public Law 83-566. The Commissioner of Environmental Conservation may also acquire real and personal property, including property held for public use, by gift, purchase, lease, or eminent domain, in connection with constructing or carrying out projects under Public Law 83-566.
10 V.S.A. § 6678 — VT Code / Title 10 / Chapter 159 / Section 6678
§ 6678. Confidential business information
Status: in_force

Data reported to the Secretary by a producer or stewardship organization under this subchapter shall be a trade secret exempt from public inspection and copying under 1 V.S.A. § 317(c)(9), provided that the Secretary may use and disclose such information in summary or aggregated form that does not directly or indirectly identify individual producers, distributors, or retailers. The Secretary may require, as a part of the report submitted under section 6677 of this title, that the manufacturer or stewardship organization provide a report that does not contain trade secret information and is available for public inspection and review.
10 V.S.A. § 6676 — VT Code / Title 10 / Chapter 159 / Section 6676
§ 6676. Anticompetitive conduct
Status: in_force

(a) A producer or an organization of producers that manages postconsumer paint products, including collection, transport, recycling, and processing of postconsumer paint products, as required by this subchapter may engage in anticompetitive conduct to the extent necessary to implement the plan approved by the Secretary and is immune from liability for the conduct relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.

(b) The activity authorized and the immunity afforded under subsection (a) of this section shall not apply to any agreement among producers or paint product stewardship organizations:

(1) establishing or affecting the price of paint products;

(2) setting or limiting the output or production of paint products;

(3) setting or limiting the volume of paint products sold in a geographic area;

(4) restricting the geographic area where paint products will be sold; or

(5) restricting the customers to whom paint products will be sold or the volume of paint products that will be sold.
10 V.S.A. § 7015 — VT Code / Title 10 / Chapter 161 / Section 7015
§ 7015. Construction costs
Status: in_force

(a) In lieu of proposing a financing plan for the construction costs to the General Assembly under subsection 7012(i) of this title, the Authority may solicit offers to purchase or otherwise commit or contract for disposal capacity in the disposal facility authorized by this chapter. In the solicitation, the Authority should provide an estimate of the proposed design capacity and the expected construction costs.

(b) No offer may be accepted unless the terms of all such commitments or contracts, taken together, provide for the complete prepayment of all construction costs, exhaust the proposed capacity, contain acceptable terms and conditions, and are otherwise in the best interests of the State.

(c) The commitments or contracts shall be nontransferable, without approval of the Authority, shall provide for payment on an equal and pro rata basis for all generators and shall provide for the right of the Authority to reacquire, at any time, pro rata from all such commitments or contracts sufficient capacity to meet emergencies or necessary contingencies.

(d) If the total capacity of all offered commitments or contracts is less than the expected low-level radioactive waste, or if the commitments or contracts provide less than all the construction costs, or if the offers are for any other reason unsatisfactory, then the Authority shall reduce the design capacity of the facility, try to negotiate terms and conditions that will provide the complete construction costs and carry out the purposes of this chapter.

(e) The Authority may, for any reason, decide to not accept all offers received under this section and decide to pursue an alternative method of financing the construction costs of the disposal facility. If the Authority decides not to accept any such offers, it shall propose a financing plan to the General Assembly within 90 days or by the date set out in subdivision 7002(a)(9) of this title, whichever is later.
10 V.S.A. § 541 — VT Code / Title 10 / Chapter 22A / Section 541
§ 541. Office of Workforce Strategy and Development
Status: in_force

(a) There is created within the Executive Branch the Office of Workforce Strategy and Development.

(b) The Office of Workforce Strategy and Development shall have the administrative, legal, and technical support of the Department of Labor.

(c) There shall be at least two full-time staff to accomplish the duties of the Office. One of these staff positions shall be the Executive Director of the Office of Workforce Strategy and Development, who shall be an exempt employee and who shall report to and be under the general supervision of the Governor. Another position shall be a staff member, who shall be a classified employee, who shall support the work of the Executive Director, and who shall report to and be under the general supervision of the Executive Director.

(d) The Executive Director of the Office of Workforce Strategy and Development shall:

(1) coordinate the efforts of workforce development in the State;

(2) oversee the affairs of the State Workforce Development Board;

(3) work with State agencies and private partners to:

(A) develop strategies for comprehensive and integrated workforce education and training;

(B) manage the collection of outcome information; and

(C) align workforce efforts with other State strategies; and

(4) perform other workforce development duties as directed by the Governor.

(e) The Governor shall appoint the Executive Director with the advice and consent of the Senate, and the Executive Committee of the State Workforce Development Board may provide a list to the Governor of recommended candidates for Executive Director.
10 V.S.A. § 4514 — VT Code / Title 10 / Chapter 109 / Section 4514
§ 4514. Possession of flesh of game; restitution
Status: in_force

(a) When legally taken, the flesh of a fish or wild animal may be possessed for food for a reasonable time thereafter and such flesh may be transported and stored in a public cold storage plant. Nothing in this section shall authorize the possession of game birds or carcasses or parts thereof contrary to regulations made pursuant to the Migratory Bird Treaty Act.

(b) Any person convicted of illegally taking, destroying, or possessing wild animals or threatened or endangered species shall, in addition to other penalties provided under this chapter, pay restitution in the following amounts into the Fish and Wildlife Fund for each animal taken, destroyed, or possessed:

(c) A person who damages or destroys a wildlife facsimile owned by the Department of Fish and Wildlife in violation of the requirements of part 4 of this title shall pay restitution for the replacement or repair of the decoy into the Fish and Wildlife Fund.
10 V.S.A. § 1084 — VT Code / Title 10 / Chapter 43 / Section 1084
§ 1084. Department of Fish and Wildlife; investigation
Status: in_force

The Commissioner of Fish and Wildlife shall investigate the potential effects on fish and wildlife habitats of any proposal subject to section 1082 of this title and shall certify the results to the Department prior to any hearing or meeting relating to the determination of public good and public safety.
10 V.S.A. § 1450b — VT Code / Title 10 / Chapter 49A / Section 1450b
§ 1450b. Education and outreach; citizen's guide
Status: in_force

The Secretary shall conduct ongoing education and outreach to assist Vermont citizens with understanding and complying with the requirements of this chapter. The education and outreach activities shall include publication on or before January 1, 2015 of a Citizen's Guide to Shoreland Protection, which shall provide easily understood instructions on the requirements of this chapter, how to apply for a permit or registration, and the activities that are exempt from or otherwise not subject to the requirements of this chapter.
10 V.S.A. § 669a — VT Code / Title 10 / Chapter 27 / Section 669a
§ 669a. Definitions
Status: in_force

For the purposes of this subchapter:

(1) “Agency” means the Agency of Commerce and Community Development.

(2) “Commissioner” means the Commissioner of Marketing and Tourism.

(3) “Regional travel and tourism marketing association” means a nonprofit corporation, cooperative, or other nonprofit organization formed under the laws of this State whose principal purpose is to promote, organize, or accomplish the enhancement of travel and tourism for a particular region of this State, including marketing and promotional activities, technical assistance to regional travel and tourism business to enhance their marketing and promotional efforts, arrangement of conventions, trade shows, and promotional activities in order to attract the traveling public to the region, and the provision of information to the traveling public with regard to regional attractions.
10 V.S.A. § 714 — VT Code / Title 10 / Chapter 31 / Section 714
§ 714. Appointment and election of supervisors; application for creation of district
Status: in_force

(a) When a district is established, the Council shall appoint two supervisors to act, with three supervisors elected by the landowners as the governing body of the district.

(b) The two appointed supervisors shall present to the Secretary of State an application signed by them, which shall set forth that a petition for the creation of the district was filed with the State Natural Resources Conservation Council pursuant to the provisions of this chapter, and that the proceedings specified in this chapter were taken pursuant to such petition; that the application is being filed in order to complete the organization of the district as a public body, corporate and politic, under this chapter; and that the application shall be subscribed to by each of the supervisors.

(c) The application shall be accompanied by a statement by the State Natural Resources Conservation Council that a petition was filed; that due notice was given and a referendum held on the question of the creation of such district; that a majority of the votes cast in such referendum were in favor of the creation of the district; that thereafter the Council did duly determine that the operation of the proposed district is administratively practicable and feasible. Such statement shall set forth the boundaries of the district as they have been defined by the Council.

(d) The term of office of an appointed supervisor shall end when his or her elected successor qualifies.