10 V.S.A. § 6606a — VT Code / Title 10 / Chapter 159 / Section 6606a
§ 6606a. Certificate of need
Status: repealed

(a) No person may begin site preparation for or construction of a hazardous waste management facility for the purpose of treatment or disposal of hazardous waste within the State, unless the Secretary first issues a certificate of need for the facility under this section. This section shall not apply to:

(1) The replacement of existing facility with an equivalent facility in the usual course of business.

(2) A hazardous waste management facility that is operated only by or on behalf of the owner of the facility for the treatment or disposal of hazardous waste materials generated in Vermont by the owner of the facility. Such facility shall be located on a site of generation.

(b) Petition for certificate of need.

(1) A person shall submit a completed petition for a certificate of need in accordance with the rules adopted by the Secretary and a copy of any agreement reached in negotiations between the proposed host municipality and the applicant.

(2) At least 30 days prior to the date of filing the petition with the Secretary, the person shall file a notice of intent to construct a hazardous waste management facility with the proposed host municipality, abutting municipalities, and the Secretary. The notice of intent shall include:

(A) a detailed description of the proposed facility and location, including architectural drawings;

(B) a description of the treatment or disposal processes to be employed;

(C) the amount and types of hazardous wastes to be handled;

(D) alternative sites and technologies that were considered;

(E) reasons for choosing the proposed location and technologies, including planned negotiations with the proposed host municipality; and

(F) the conformance of the proposed facility with any applicable provisions of the hazardous waste management plan adopted by the Secretary of Natural Resources.

(c) The Secretary shall make all practical efforts to process petitions in a prompt manner, including the establishment of time limits for petition processing and procedures and time periods within which to notify petitioners whether a petition is complete. After determining that a petition is complete, the Secretary shall promptly hold one or more public hearings on the petition for a certificate of need in the proposed host municipality.

(1) Not less than 30 days before the hearing, notice shall be given to the Department of Health, Historic Preservation Division, State Planning Office, and Agency of Transportation. Similar notice shall also be given by certified mail to adjoining landowners, the legislative body of the proposed host municipality, and the chairs or directors of the municipal and regional planning commissions.

(2) Notice of the public hearing shall be published in a newspaper of general circulation in the county in which the proposed facility will be located two weeks successively, the last publication to be at least 12 days before the day appointed for the hearing.

(d) The Secretary shall, with approval of the Governor, only issue a certificate of need if the Secretary concludes the proposed facility is needed for the general good of the State, upon written findings that:

(1) The proposed facility use is consistent with any applicable provisions of the hazardous waste management plan adopted by the Secretary.

(2) The proposed facility location:

(A) is suitable for the type and amount of hazardous waste intended for treatment or disposal at the facility;

(B) is accessible by transportation routes that minimize the threat to the public health and safety and to the environment;

(C) reasonably accommodates the plans and preferences of the proposed host municipality, as expressed by local government entities.

(3) The need for the facility is demonstrated by the need to ensure the environmentally sound treatment or disposal of hazardous waste generated within Vermont, recognizing the effects of any state hazardous materials management plan, and:

(A) the further need to meet Vermont's obligations under an interstate agreement or regional compact; or

(B) the lack of adequate current or projected treatment or disposal capacity within the region to handle the hazardous waste generated by Vermont businesses that is proposed for the facility.

(e) The Secretary shall establish conditions in the certificate of need:

(1) limiting the capacity of the hazardous waste facility to the reasonably anticipated needs and interstate commitments of the State for hazardous waste management. However, upon application of the holder of the certificate, the conditions may later be adjusted by the Secretary if the limits on capacity are found to prevent profitable operation of the facility;

(2) restricting the facility from accepting hazardous wastes from generators who have not demonstrated an effective hazardous waste source reduction program.

(f), (g) [Repealed.]

(h) Neither local plans nor solid waste district plans nor regional plans shall exclude hazardous waste facilities for which a certificate of need has been obtained.

(i), (j) [Repealed.]
10 V.S.A. § 5007 — VT Code / Title 10 / Chapter 115 / Section 5007
§ 5007. Hunting black bear with dogs
Status: in_force

(a) No person shall pursue black bear with the aid of dogs, either for training or taking purposes, without a permit issued by the Commissioner. The number of permits issued to nonresidents in any given year shall not exceed 10 percent of the number of permits issued to residents in the preceding year. The Commissioner shall establish a process for determining which nonresidents are to receive a permit if there are more nonresident applicants than nonresident permits. A nonresident may train dogs to hunt bear only while training season is in effect in the nonresident's home state and subject to the laws and regulations of this State.

(b) Permits will be issued to residents for a fee of $50.00.

(c) Application fees for nonresidents shall be $10.00 with a permit fee of $200.00 for successful applicants.
10 V.S.A. § 851 — VT Code / Title 10 / Chapter 35 / Section 851
§ 851. Landowner's duties
Status: in_force

When the public good or the necessity or convenience of individuals requires the opening of a ditch or watercourse to drain low or swamp lands, to enable owners or occupants thereof to cultivate the same, such owners or occupants shall open such ditch or watercourse in proportion to their several interests.
10 V.S.A. § 859 — VT Code / Title 10 / Chapter 35 / Section 859
§ 859. Cleaning or repairing ditches
Status: in_force

Ditches or watercourses opened under the provisions of this chapter shall be kept free for the passage of water into and through the same. If a person fails to do his or her proportionate share of cleaning or repairing a ditch or watercourse, the same proceedings may be had as in case of opening ditches or watercourses.
10 V.S.A. § 280bb — VT Code / Title 10 / Chapter 12 / Section 280bb
§ 280bb. Vermont Entrepreneurial Lending Program
Status: in_force

(a) There is created the Vermont Entrepreneurial Lending Program to be administered by the Vermont Economic Development Authority. The Program shall seek to meet the working capital and capital-asset financing needs of Vermont-based businesses in seed, start-up, and growth stages. The Program shall specifically seek to fulfill capital requirement needs that are unmet in Vermont, including:

(1) loans to manufacturing businesses and software developers with innovative products that typically reflect long-term, organic growth;

(2) loans up to $1,000,000.00 in growth-stage companies that do not meet the underwriting criteria of other public and private entrepreneurial financing sources;

(3) loans to businesses that are unable to access adequate capital resources because the primary assets of these businesses are typically intellectual property or similar nontangible assets; and

(4) loans to advanced manufacturers and other Vermont businesses for product development and intellectual property design.

(b) The Authority shall adopt regulations, policies, and procedures for the Program as are necessary to increase the amount of investment funds available to Vermont businesses whose capital requirements are not being met by conventional lending sources.

(c) When considering entrepreneurial lending through the Program, the Authority shall give additional consideration and weight to an application of a business whose business model and practices will have a demonstrable effect in achieving other public policy goals of the State, including:

(1) The business will create jobs in strategic sectors such as the knowledge-based economy, renewable energy, advanced manufacturing, wood products manufacturing, and value-added agricultural processing.

(2) The business is located in a designated downtown, village center, growth center, industrial park, or other significant geographic location recognized by the State.

(3) The business adopts energy and thermal efficiency practices in its operations or otherwise operates in a way that reflects a commitment to green energy principles.

(4) The business will create jobs that pay a livable wage and significant benefits to Vermont employees.

(5) The business will create environmental benefits or will manufacture environmentally responsible products.

(d) The Authority shall include provisions in the terms of a loan made under the Program to ensure that a loan recipient shall maintain operations within the State for a minimum of five years from the date on which the recipient receives the loan funds from the Authority or shall otherwise be required to repay the outstanding funds in full.
10 V.S.A. § 807 — VT Code / Title 10 / Chapter 33 / Section 807
§ 807. Duties of union conservationist
Status: in_force

The union conservationist shall:

(1) Devote his or her entire time to the duties of his or her office and apportion his or her time as prescribed by the board of directors after determining the workload in districts. He or she shall help implement programs of the member districts and shall perform the duties as set forth by the board of directors from time to time.

(2) Endeavor to coordinate programs and plans of the member districts.

(3) Furnish the executive secretary of the Council such data and information from time to time as he or she may require.

(4) Report to the executive secretary of the Council on or before July 15 each year, the needs, conditions, and progress of the districts under his or her jurisdiction.

(5) Report to the board of directors and the member districts annually concerning his or her activities and the needs of the districts within the union, together with recommendations for their improvement.
10 V.S.A. § 7024 — VT Code / Title 10 / Chapter 161 / Section 7024
§ 7024. Agency standards and procedures for review of the draft license application
Status: in_force

(a) The Agency shall adopt rules establishing standards for a draft license application for a low-level radioactive waste disposal facility that shall, at a minimum, include:

(1) compliance with the rules adopted by the Agency under this chapter;

(2) consent for entry into the facility by State regulatory personnel;

(3) requirements to the extent permitted by law, to limit waste disposal access in order to prevent the exhaustion of disposal capacity at an early or uncertain future date;

(4) the financial assurance requirements established by the Public Utility Commission under section 7020 of this title;

(5) requirements for operating procedures;

(6) requirements for on-site supervision of the operation of the disposal facility;

(7) requirements for closure and for closure monitoring and observation, including a minimum five-year post-closure period;

(8) requirements for long-term management by the State;

(9) requirements for a community and project safety plan, including an emergency response plan and a training plan for facility personnel and public safety officials, all based on a worst case analysis;

(10) requirements for emergency response and monitoring for operator or facility failure; and

(11) requirements for detailed annual reports, including requirements for reporting all waste in storage and, after disposal has begun, all waste placed in the facility.

(b) The Agency shall adopt rules establishing procedures for its review of a draft license application that shall, at a minimum, include:

(1) submission of the draft application and other specified information;

(2) submission of pre-operational radiation survey in the vicinity of the site;

(3) submission of an environmental and public health impact analysis;

(4) an opportunity for public review and inspection of, and public comment on, the draft license application in the locality of the approved site; and

(5) a procedure for complying with conditions or changes to the licensing application required by the NRC or the District Environmental Commission.
10 V.S.A. § 863 — VT Code / Title 10 / Chapter 35 / Section 863
§ 863. Procedure on appeal; commissioners
Status: in_force

When the appeal is entered in the Superior Court with the report of the selectboard in writing, in its discretion, upon hearing, the court may accept or reject the award, or may appoint a commission consisting of three disinterested freeholders of the vicinity, who shall make examination of the premises. After notice to the parties and hearing, such commissioners shall make report thereof to the court within 30 days thereafter, or within such further time as the court upon request may fix.
10 V.S.A. § 6025 — VT Code / Title 10 / Chapter 151 / Section 6025
§ 6025. Rules
Status: repealed

(a) The Board may adopt rules of procedure for itself and the District Commissions. The Board's procedure for approving regional plans and regional plan maps, which may be adopted as rules or issued as guidance, shall ensure that the maps are consistent with legislative intent as expressed in section 2802 of this title and 24 V.S.A. §§ 4302 and 4348a.

(b) The Board may adopt substantive rules, in accordance with the provisions of 3 V.S.A. chapter 25, that interpret and carry out the provisions of this chapter. These rules shall include provisions that establish criteria under which applications for permits under this chapter may be classified in terms of complexity and significance of impact under the standards of subsection 6086(a) of this chapter. In accordance with that classification, the rules may:

(1) provide for simplified or less stringent procedures than are otherwise required under sections 6083, 6084, and 6085 of this chapter;

(2) provide for the filing of notices instead of applications for the permits that would otherwise be required under section 6081 of this chapter; and

(3) provide a procedure by which a District Commission may authorize a district coordinator to issue a permit that the District Commission has determined under Land Use Review Board rules is a minor application with no undue adverse impact.

(c)(1) This subsection shall apply to lots within a subdivision:

(A) that were created as part of a subdivision owned or controlled by a person who may have been required to obtain a permit under this chapter; and

(B) with respect to which a determination has been made that a permit was needed under this chapter; and

(C) that were sold to a purchaser prior to January 1, 1991 without a required permit.

(2) The rules shall provide for a modified process by which the sole purchaser, or the group of purchasers, of one or more lots to which this subsection applies may apply for and obtain a permit under this chapter that shall be issued in light of the existing improvements, facts, and circumstances that pertain to the lots; provided, however, that the requirements of this chapter shall be modified only to the extent needed to issue those permits. For purposes of these rules, a purchaser eligible for relief under this subsection must not have been involved in creating the lots; must not be a person who owned or controlled the land when it was divided or partitioned, as a person is defined in this chapter; and must not have known at the time of purchase that the transfer was subject to a permit requirement that had not been met.

(3) [Repealed.]

(d), (e) [Repealed.]
10 V.S.A. § 857 — VT Code / Title 10 / Chapter 35 / Section 857
§ 857. Decision; written and filed
Status: in_force

The award of the selectboard shall be in writing, signed by a majority of them, and they shall lodge it, or a certified copy thereof, in the office of the town clerk. The clerk shall keep it on file, and the selectboard shall deliver a copy to each of the interested parties. Such award shall be binding on the parties.
10 V.S.A. § 6654 — VT Code / Title 10 / Chapter 159 / Section 6654
§ 6654. Brownfield Revitalization Fund; creation; assistance
Status: repealed

(a) There is created a Brownfield Revitalization Fund that shall be a special fund created pursuant to 32 V.S.A. chapter 7, subchapter 5 to be administered by the Secretary of Commerce and Community Development to aid applicants in the redevelopment of the Brownfield Cleanup Program by assessing and remediating sites. Monies received by the Secretary of Natural Resources for application and participation in the Program shall be deposited in the redevelopment of contaminated properties account of the Environmental Contingency Fund established in section 1283 of this title.

(b) The Fund shall comprise all the following;

(1) State or federal funds appropriated by the General Assembly;

(2) gifts, grants, or other contributions.

(c) A person may apply to the Secretary of Commerce and Community Development for financial assistance in the form of a grant or loan from the Brownfield Revitalization Fund for the purpose of completing characterization, assessment, or remediation of a site only after receipt of a work plan approved by the Secretary submitted pursuant to the Brownfield Property Cleanup Program unless the application is for a project that has been determined to be ineligible for the Program and is otherwise appropriate for funding pursuant to subsection (d) of this section.

(d) In order to determine an award of financial assistance, the Secretary of Commerce and Community Development in consultation with the Secretary of Natural Resources shall consider all the following:

(1) the extent to which the proposed project will facilitate the identification and reduction of threats to human health and the environment associated with exposure to hazardous materials, pollutants, or contaminants;

(2) the extent to which the proposed project will facilitate the use or reuse of existing infrastructure;

(3) the potential for the proposed project to stimulate economic development;

(4) the extent to which the proposed project will respond to local or regional housing needs;

(5) the level of participation by a local community relating to remediation and future use of the Brownfield site;

(6) the extent to which a grant or loan will meet the needs of a community that due to a small population or the low income of the community is unable to draw on other funding sources for environmental remediation and subsequent redevelopment of the area in which a Brownfield site is located;

(7) the extent to which a grant or loan will facilitate the creation or preservation of or an addition to a park, greenway, underdeveloped property, recreational property, or other property used for nonprofit purposes;

(8) the extent to which the grant or loan will create a more balanced geographic distribution of awards from the Brownfield Revitalization Fund.

(e) A grant may be awarded by the Secretary of Commerce and Community Development with the approval of the Secretary of Natural Resources, provided that:

(1) A grant may not exceed $50,000 for characterization and assessment of a site.

(2) A grant may not exceed $500,000 for remediation of a site.

(3) A grant may be used by an applicant to purchase environmental insurance relating to the performance of the characterization, assessment, or remediation of a Brownfield site in accordance with a corrective action plan approved by the Secretary of Natural Resources.

(4) Financial assistance may be provided to applicants by developing a risk sharing pool, an indemnity pool, or other insurance mechanism designed to help applicants.

(5) All reports generated by financial assistance from the Brownfield Revitalization Fund, including site assessments, site investigations, feasibility studies, corrective action plans, and completion reports, shall be provided as hard copies to the Secretaries of Commerce and Community Development and of Natural Resources.

(f) The Vermont Economic Development Authority, VEDA, is authorized to make loans on behalf of the State pursuant to this section. Annually, the Secretary of Commerce and Community Development with the approval of the Secretary of Natural Resources in consultation with the VEDA manager shall determine an amount from the Brownfield Revitalization Program that will be available to VEDA for loans. Proceeds from repayment of loans shall be deposited in the Brownfield Revitalization Fund and shall be available for future grants and loans under this section. Loans under this subsection shall be issued and administered by VEDA, provided:

(1) Loans may be awarded only to applicants who have been determined eligible by the Secretary of Commerce and Community Development with the approval of the Secretary of Natural Resources, and the Secretary of Commerce and Community Development has certified that the applicant and the project are eligible for financing or assistance under this section and the project has priority for an award of financial assistance.

(2) A loan to an applicant for characterization or assessment may not exceed $250,000.00. Remediation loans shall not be capped. All loans shall be subject to all the following conditions:

(A) Repayment of a loan shall commence no later than one year following completion of the project for which the loan was used.

(B) The rate of interest on loans shall be set by VEDA in consultation with the Secretary of Commerce and Community Development. The interest rate shall be sufficiently attractive to advance the purposes of this subchapter and may be less than the prevailing borrowing rates available to similarly situated applicants from private lenders, but not less than zero percent.

(C) Loans shall be made in accordance with the terms and conditions specified in a loan agreement executed by VEDA and the applicant. The loan agreement shall specify the terms and conditions of the loan and repayment and any other terms and conditions determined to be necessary by VEDA and the Secretaries of Natural Resources or of Commerce and Community Development.

(D) Disbursement of loan proceeds shall be based on certification by the loan recipient that costs for which reimbursement is requested have been incurred or paid by the recipient for activities under the approved plan. The loan recipient shall provide supporting evidence of payment on request of VEDA. Interim financing charges or short-term interest costs may constitute an allowable cost of a project for which a loan may be used.

(E) In the event of default, any amounts owed on the loan shall be considered a debt for the purposes of 32 V.S.A. § 5932(4). VEDA may recover this debt pursuant to the set-off debt collection remedy established pursuant to 32 V.S.A. §§ 5833 and 5934.

(F) The applicant has certified that all State and federal permits and licenses necessary to undertake the project for which financing is being sought have been or will be obtained prior to disbursement of loan funds by VEDA.

(G) The Secretary of Commerce and Community Development has certified to VEDA that the applicant and the project are eligible for financing or assistance under this section, and the project has priority for financial assistance.

(3) The Secretary of Commerce and Community Development in consultation with the Secretary of Natural Resources shall maintain a prioritized list of projects that are eligible for financial assistance under this section at least annually. In order to prioritize, the Secretary of Commerce and Community Development shall consider at a minimum, the criteria set forth in subsection (d) of this section and the following:

(A) the severity of any health or environmental hazard to be remediated;

(B) the population to be served; and

(C) the readiness of the project to proceed to the next planning or construction step.

(4) Neither the State nor VEDA shall be responsible for owning or operating a project or for completing a corrective action plan if a grant or loan recipient defaults on a loan obligation, abandons the project site, or fails to complete a corrective action plan to the satisfaction of the Secretary.

(5) The Secretary of Commerce and Community Development or the Secretary of Natural Resources and VEDA may enter into agreements on behalf of the State with federal agencies in order to obtain grants and awards to further the purposes of the Brownfield Revitalization Fund, provided that any grant or award has been approved in compliance with 32 V.S.A. § 5.

(6) [Repealed.]
10 V.S.A. § 717 — VT Code / Title 10 / Chapter 31 / Section 717
§ 717. Additional territory; petition to include
Status: in_force

Petitions for including additional territory within an existing district may be filed with the Council, and the proceedings herein provided for in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. The Council shall prescribe the form for such petition. In referendum upon petitions for such inclusion, all owners of land lying within the proposed additional area shall be eligible to vote.
10 V.S.A. § 280j — VT Code / Title 10 / Chapter 12 / Section 280j
§ 280j. Powers and duties of the Secretary
Status: in_force

The Secretary is authorized and directed to take all necessary or incidental actions to secure for the State the benefits of ISTEA and the NHS Act, and any similar programs, including exercise of the powers:

(1) to cooperate with appropriate federal agencies in all matters related to the administration of the Program as contemplated by 23 U.S.C. § 129(a)(7) and section 350 of the NHS Act;

(2) to prepare and submit to the appropriate federal agencies applications for grants and to enter into grant agreements, cooperative agreements, operating agreements, and other agreements with the United States relating to the purposes of the Program; and

(3) to prepare and submit to the appropriate federal agencies and the Vermont General Assembly, annual and other reports and audits, in form and content satisfying federal requirements, relating to the Program.
10 V.S.A. § 1340 — VT Code / Title 10 / Chapter 47 / Section 1340
§ 1340. Separability of provisions-Article IX
Status: in_force

Should any part of this compact be held to be contrary to the constitution of any signatory state or of the United States, all other parts thereof shall continue to be in full force and effect.
10APPENDIX V.S.A. § 17 — VT Code / Title 10APPENDIX / Chapter 1 / Section 17
App. § 17. Rule governing the importation and possession of cervids from chronic wasting disease endemic areas and captive hunt or farm facilities
Status: in_force

1.1 This rule is promulgated pursuant to 10 V.S.A. § 4081. In promulgating this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and 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 regulated species and other necessary or desirable species which are related to the regulated species.

1.3 This rule applies to importation and possession of cervid carcasses or the parts thereof, from chronic wasting disease endemic areas and captive hunt or farm facilities.

1.4 This rule shall apply to all persons who import, possess, transport, use, or deal with cervid carcasses, or parts thereof, from chronic wasting disease endemic areas and captive hunt or farm facilities.

1.5 For the purposes of this rule, “cervid” means any species in the family Cervidae.

2.0 The purpose of this rule is to:

(a) ensure the conservation of the wildlife in the State, and

(b) maintain the best health of native Cervidae of the State, and

(c) prevent the introduction or spread of a disease that is potentially harmful to humans and wild species.

3.0 Permitted Activities and Restrictions

3.1 The importation or possession of cervid carcasses, or the parts thereof, from chronic wasting disease endemic areas and captive hunt or farm facilities is prohibited except as provided below:

(a) Meat that is cut up and packaged, and not mixed with other cervids during processing.

(b) Meat that is boneless.

(c) Hides or cape with no part of the head attached.

(d) Clean skull-cap with antlers attached.

(e) Antlers with no other meat or tissue attached.

(f) Finished taxidermy heads.

(g) Upper canine teeth with no tissue attached.

3.2 All hunters shall identify their cervid with their hunting license information in accordance with Title 10 App. § 2a (Big Game; Tagging).

4.0 Chronic Wasting Disease Endemic Areas

The Department shall provide a list of chronic wasting disease endemic areas and shall update the list as areas are added or deleted. The list shall be available on the Department's web site, from the Department's headquarters and from the Department's district offices. The list shall also be made available to the media as much as practicably possible to provide maximum notice to the public.

5.0 Captive Hunting or Farm Facilities Defined.

5.1 Captive Hunting Facilities are any facilities with captive cervids held in a fenced or walled enclosure for the purpose of taking by hunting.

5.2 Farm Facilities are any facilities with captive cervids held in a fenced or walled enclosure and are raised for meat, hides, antlers or other products. For the purposes of this rule, farm facilities do not include facilities located in Vermont that are subject to the provisions of the Agency of Agriculture, Food and Markets Rules Governing Captive Cervidae.
10 V.S.A. § 6644 — VT Code / Title 10 / Chapter 159 / Section 6644
§ 6644. General obligations
Status: in_force

Any person participating in the Program shall do all the following:

(1) Not provide any information required under this subchapter by fraud, intentional misrepresentation, failure to disclose material information, or providing false certification.

(2) Not engage in any activity that is inconsistent or interferes with monitoring, investigation, abatement, removal, or remediation activities or the conditions or restrictions in a certificate of completion.

(3) Provide access to and cooperate with the Secretary and any person liable pursuant to section 6615 of this title acting subject to the approval of the Secretary for investigation, abatement, removal, remediation, or monitoring activities at the property. The grant of access and all other provisions that the Secretary determines necessary may be memorialized in the form of an interest in real property that runs with the land and is binding against successors and assigns.

(4) Comply with all rules and procedures required by the Secretary and obtain all necessary permits, certifications, and other required authorizations prior to beginning any site investigation or corrective action plan activities.

(5) If an innocent current owner, pay any additional costs of the Secretary's review and oversight of the site investigation or corrective action plan, or both.

(6) Provide the Secretary with all documents and information relating to the performance of the investigation, abatement, removal, remediation, and monitoring activities.

(7) Defend, indemnify, save, and hold harmless the State from all claims and causes of action related to, or arising from, acts or omissions of the applicant in performing the site investigation and corrective action plan except in the case of either of the following:

(A) reimbursement of fees or costs improperly required by and paid to the Secretary by the eligible person or successor;

(B) a cause of action related to the State's liability pursuant to subsection 6615(a) of this title.
10 V.S.A. § 6605l — VT Code / Title 10 / Chapter 159 / Section 6605l
§ 6605l. Public collection containers for solid waste
Status: in_force

(a) As used in this section:

(1) “Public building” means a State, county, or municipal building; airport terminal; bus station; railroad station; school building; or school.

(2) “Public land” means all land that is owned or controlled by a municipal or State governmental body.

(b) Beginning July 1, 2015, when a container or containers in a public building or on public land are provided to the public for use for solid waste destined for disposal, an equal number of containers shall be provided for the collection of mandated recyclables. The containers shall be labeled to clearly show the containers are for recyclables and shall be placed as close to each other as possible in order to provide equally convenient access to users. Bathrooms in public buildings and on public land shall be exempt from the requirement of this section to provide an equal number of containers for the collection of mandated recyclables.
10 V.S.A. § 1417 — VT Code / Title 10 / Chapter 48 / Section 1417
§ 1417. Existing groundwater withdrawal; reporting
Status: in_force

(a) Beginning September 1, 2009, any person that withdraws more than 20,000 gallons per day, averaged over a calendar month at a single tract of land or place of business shall file a groundwater report with the Secretary of Natural Resources on or before September 1 for the preceding calendar year. The report shall be made on a form prescribed by the Secretary and shall include:

(1) the location, capacity, frequency, and rate of the withdrawal;

(2) a description of the use of the water withdrawn; and

(3) where feasible, the distance of each withdrawal from the nearest surface water source and wetland.

(b) The following are exempt from the reporting requirements of this section:

(1) a groundwater withdrawal for fire suppression or other public emergency purposes;

(2) a withdrawal reported to the Agency of Natural Resources under any program that requires the reporting of substantially similar data. The Agency of Natural Resources shall record such withdrawals with the information from withdrawals reported under this section;

(3) domestic, residential use;

(4) groundwater withdrawal for farming;

(5) dairy processors and milk handlers licensed in accordance with 6 V.S.A. § 2721;

(6) public water systems, as that term is defined in section 1671 of this title; and

(7) closed loop, standing column, or similar non-extractive geothermal heat pumps.

(c) The Secretary of Natural Resources may adopt rules to implement this section, including methods for calculating or estimating the amount of groundwater withdrawn from a well or spring.
10 V.S.A. § 7562 — VT Code / Title 10 / Chapter 166 / Section 7562
§ 7562. Multistate implementation
Status: in_force

The Agency of Natural Resources or a contracted entity under section 7560 of this title is authorized to participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter.
10 V.S.A. § 925 — VT Code / Title 10 / Chapter 37 / Section 925
§ 925. Clean water service provider; Water Quality Restoration Formula Grant Program
Status: in_force

The Secretary shall administer a Water Quality Restoration Formula Grant Program to award grants to clean water service providers to meet the pollutant reduction requirements under this subchapter. The grant amount shall be based on the annual pollutant reduction goal established for the clean water service provider multiplied by the standard cost for pollutant reduction including the costs of administration and reporting. Not more than 15 percent of the total grant amount awarded to a clean water service provider shall be used for administrative costs.
10 V.S.A. § 1652 — VT Code / Title 10 / Chapter 55 / Section 1652
§ 1652. Contracts
Status: in_force

Upon approval of the application, the Department shall prepare and offer to the municipality a contract for services requested, which shall include such terms and conditions as the Department determines to be reasonable, including reimbursement of all costs of such services.
10 V.S.A. § 4082 — VT Code / Title 10 / Chapter 103 / Section 4082
§ 4082. Vermont Fish and Wildlife Regulations
Status: in_force

(a) The Board may adopt rules, under 3 V.S.A. chapter 25, to be known as the “Vermont Fish and Wildlife Regulations” for the regulation of fish and wild game and the taking thereof except as otherwise specifically provided by law. The rules shall be designed to maintain the best health, population, and utilization levels of the regulated species and of other necessary or desirable species that are ecologically related to the regulated species. The rules shall be supported by investigation and research conducted by the Department on behalf of the Board.

(b)(1) Except as provided for under subdivision (2) of this subsection, the Board annually may adopt rules relating to the management of migratory game birds, and shall follow the procedures for rulemaking contained in 3 V.S.A. chapter 25. For each such rule, the Board shall conduct a hearing but, when necessary, may schedule the hearing for a day before the terms of the rule are expected to be determined.

(2) Beginning with the 2015 hunting season, the Board may set by procedure the daily bag and possession limits of migratory game birds that may be harvested in each Waterfowl Hunting Zone annually without following the procedures for rulemaking contained in 3 V.S.A. chapter 25. The annual daily bag and possession limits of migratory game birds shall be consistent with federal requirements. Prior to setting the migratory game bird daily bag and possession limits, the Board shall provide a period of not less than 30 days of public notice and shall conduct at least two public informational hearings. The final migratory game bird daily bag and possession limits shall be enforceable by the Department under its enforcement authority in part 4 of this title.

(c) The Board may set by procedure the annual number of antlerless deer that can be harvested in each Wildlife Management Unit and the annual number of moose that can be harvested in each Wildlife Management Unit without following the procedures for rulemaking contained in 3 V.S.A. chapter 25. The annual numbers of antlerless deer and moose that can be harvested shall be supported by investigation and research conducted by the Department on behalf of the Board. Prior to setting the antlerless deer and moose permit numbers, the Board shall provide a period of not less than 30 days of public notice and shall conduct at least three public informational hearings. The public informational hearings may be conducted simultaneously with the regional antlerless deer meetings required by 10 V.S.A. App. § 2b. The final annual antlerless deer and moose harvest permit numbers shall be enforceable by the Department under its enforcement authority in part 4 of this title. The final annual antlerless deer and moose harvest permit numbers shall be reported to the House Committee on Environment as part of the annual deer report required under section 4084 of this title. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
10 V.S.A. § 1234 — VT Code / Title 10 / Chapter 46A / Section 1234
§ 1234. Construction
Status: in_force

Nothing in this compact shall be construed to authorize the establishment of interstate districts, authorities, or any other new governmental or quasi-governmental entity.
10 V.S.A. § 912 — VT Code / Title 10 / Chapter 37 / Section 912
§ 912. Temporary emergency permits
Status: in_force

The Secretary or the Secretary's designee shall expedite and may authorize temporary emergency permits under this title, pursuant to 3 V.S.A. § 2822(c).
10 V.S.A. § 923 — VT Code / Title 10 / Chapter 37 / Section 923
§ 923. Quantification of pollution reduction; clean water projects
Status: in_force

(a) After listing a water as impaired on the list of waters required by 33 U.S.C. § 1313(d), the Secretary shall publish a methodology for calculating pollution reduction values associated with a clean water project in that water. When establishing a pollutant reduction value, the Secretary shall consider pollution reduction values established in the TMDL; pollution reduction values established by other jurisdictions; pollution reduction values recommended by organizations that develop pollutant reduction values for a clean water project; applicable monitored data with respect to a clean water project, if available; modeled data, if available; or a comparison to other similar projects or programs if no other data on a pollution reduction value or design life exists. Pollution reduction values established by the Secretary shall be the exclusive method for determining the pollutant reduction value of a clean water project.

(b) After listing a water as impaired on the list of waters required by 33 U.S.C. § 1313(d), the Secretary shall publish a methodology for establishing a design life associated with a clean water project. The design life of a clean water project shall be determined based on a review of values established in other jurisdictions, values recommended by organizations that regularly estimate the design life of clean water projects, actual data documenting the design life of a practice, or a comparison to other similar practices if no other data exists. A design life adopted by the Secretary shall be the exclusive method for determining the design life of a best management practice or other control.

(c)(1) If a person is proposing a clean water project for which no pollution reduction value or design life exists for a listed water, the Secretary shall establish a pollution reduction value or design life for that clean water project within 60 days following a request from the person proposing the clean water project. A pollution reduction value or design life established under this subdivision shall be based on a review of pollution reduction values established in the TMDL; pollution reduction values or design lives established by other jurisdictions; pollution reduction values or design lives recommended by organizations that develop pollutant reduction values or design lives for a clean water project; applicable monitored data with respect to a clean water project, if available; modeled data, if available; actual data documenting the design life of a clean water project; or a comparison to other similar projects or programs if no other data on a pollution reduction value or design life exists. Any estimate developed under this subsection by the Secretary shall be posted on the Agency of Natural Resources' website.

(2) Upon the request of a clean water service provider, the Secretary shall evaluate a proposed clean water project and issue a determination as to whether the proposed clean water project is eligible to receive funding as a part of a Water Quality Restoration Formula Grant awarded by the State pursuant to section 925 of this title.

(d)(1) The Secretary shall conduct the analysis required by subsections (a) and (b) of this section for clean water projects and design lives related to phosphorous not later than November 1, 2021.

(2) By not later than November 1, 2023, the Secretary shall adopt a schedule for implementing the requirements of subsections (a) and (b) of this section for clean water projects and design lives related to all other impairments not listed under subdivision (1) of this subsection.

(e) The Secretary shall periodically review pollution reduction values and design lives established under this section at least every five years to determine the adequacy or accuracy of a pollution reduction value or design life.

(f)(1) When implementing the requirements of subsections (a) and (b) of this section, the Secretary shall follow the type 3 notice process established in section 7714 of this title.

(2) When implementing the requirements of subsection (c) of this section, the Secretary shall follow the type 4 notice process in section 7715 of this title.
10 V.S.A. § 1254 — VT Code / Title 10 / Chapter 47 / Section 1254
§ 1254. Classification of waters by Secretary; aid
Status: in_force

In classifying or reclassifying the waters of the State, the Secretary is authorized to call upon any State department or agency for any pertinent information, other than information of a confidential nature, that the department or agency has or could obtain easily in the course of its work.
10 V.S.A. § 280q — VT Code / Title 10 / Chapter 12 / Section 280q
§ 280q. Loans to qualified borrowers to finance qualified projects
Status: in_force

(a) Any qualified borrower may apply to the Program for a loan to assist in financing the cost of a qualified project. At the option of the Board, and subject to applicable federal requirements, a loan may be made as secured loans or as unsecured general obligations of a qualified borrower. Each loan shall be made pursuant to a loan agreement between the Program and the qualified borrower acting by and through the officer or officers, board, committee, or other body authorized by law, or otherwise its chief executive officer.

(b) A qualified borrower may receive, apply, pledge, assign, and grant security interests in project revenues, and, in the case of a governmental unit, its general revenues to secure its obligations under loan agreements and borrower obligations as provided in this subchapter and may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of any qualified project, the system of which it is a part and any other revenue producing facilities from which the qualified borrower derives project revenues to meet its obligations under any loan agreements or borrower obligation, or otherwise to provide for the construction, maintenance, and operation of a qualified project.

(c) For the purposes of entering into a loan and establishing the authorized terms and conditions thereof and for issuing any government obligations, a governmental unit shall be deemed to have the powers expressly granted to governmental units in this subchapter and the powers granted to the governmental unit in any bond act applicable to it specifically or as a member of a class of governmental instrumentalities. Liberal construction shall be given in support of the broadest interpretation of governmental unit powers derived from either this subchapter or any bonds act, provided that nothing in this subchapter shall be construed as affecting the manner of voting and other procedures of any governmental unit by the governing body thereof or any limitations on indebtedness of governmental units.
10 V.S.A. § 4662 — VT Code / Title 10 / Chapter 112 / Section 4662
§ 4662. Records; examination of accounts-Article XI
Status: in_force

The Commission shall keep accurate accounts of all receipts and disbursements and shall report to the governor and the legislature of each state party to this Compact on or before the tenth day of January of each year, setting forth in detail the transactions conducted by it during the 12 months preceding January first of that year. The Auditor of Accounts of the State of Vermont is hereby authorized and empowered from time to time to examine the accounts and books of the Commission, including its receipts, disbursements, grants and such other items referring to its financial standing as such Comptroller may deem proper and to report the results of such examination to the governor of said state.
10 V.S.A. § 1224 — VT Code / Title 10 / Chapter 46 / Section 1224
§ 1224. Effective date-Article III
Status: in_force

A. This compact shall become effective when ratified by New Hampshire and Vermont and approved by the U.S. Congress.
10 V.S.A. § 1630 — VT Code / Title 10 / Chapter 55 / Section 1630
§ 1630. Rules
Status: in_force

The Department with the approval of the Secretary shall adopt rules consistent with this subchapter as it finds necessary for proper administration of the subchapter.
10 V.S.A. § 446 — VT Code / Title 10 / Chapter 20 / Section 446
§ 446. Vermont Recreational Trails Fund
Status: in_force

The Recreational Trails Fund is established, which shall be subject to the provisions of 32 V.S.A. chapter 7, subchapter 5. There shall be an annual transfer from the Transportation Fund to the Recreational Trails Fund in the amount of $370,000.00. In each fiscal year, this amount shall be included in the budget estimates and statements submitted under 32 V.S.A. § 301 for purposes of determining appropriations by the General Assembly. Appropriations may be made from the Fund to design, construct, and maintain recreational trails, to conduct studies and prepare plans, publish maps and information, and to make grants to State and municipal agencies and nonprofit organizations. The Agency of Natural Resources shall administer the Fund and adopt rules for its use and all monies appropriated shall be used on State, federal, and municipal lands and on maintenance of trails on public as well as private lands where permission is granted, as follows:

(1) 40 percent to the Department of Forests, Parks and Recreation;

(2) 20 percent for providing grants to municipalities and nonprofit agencies; and

(3) 40 percent to the Vermont Association of Snow Travelers.
10 V.S.A. § 905b — VT Code / Title 10 / Chapter 37 / Section 905b
§ 905b. Duties; powers
Status: repealed

The Department shall protect and manage the water resources of the State in accordance with the provisions of this subchapter and shall:

(1) Study and investigate the streams in the State and their basins, and cooperate with federal agencies in mapping them and in collecting and compiling data relating to run off and stream flow.

(2) Cooperate with natural resources conservation districts.

(3) Have supervision over and act as the State's agency in all matters affecting flood control, channel clearing, and river bank protection. To discharge this responsibility, the Department shall:

(A) Develop flood control policies and a flood control program that balances the need to protect the environment with the need to protect public and private property. The policy and program shall direct appropriate remedial measures following significant flooding events and shall define appropriate flood hazard mitigation measures. These measures may include:

(i) flood debris removal and streambed and stream bank maintenance and restoration practices;

(ii) identification of disaster-prone areas;

(iii) land use planning assistance to minimize future damage from flooding;

(iv) flood proofing measures for existing vulnerable private or public structures;

(v) acquisition and relocation of structures away from hazard-prone areas;

(vi) development of State standards to protect public infrastructure from disaster damage;

(vii) structural hazard control, such as debris basins or floodwalls to protect critical facilities; and

(viii) educating the public regarding the availability of flood insurance and the advisability of obtaining flood insurance.

(B) Develop and implement steps to incorporate into other programs administered by the Department measures that decrease the likelihood and impact of future flooding incidents.

(4) Make studies and investigations or demonstrations of problems relating to water quality with respect to pollution and causes, prevention, control, and abatement thereof as it may deem advisable, and when appropriate propose remedies to the Legislature.

(5) Encourage the construction of sewage disposal plants by municipalities and encourage the construction of septic tanks and other proper methods of waste and sewage disposal in rural and industrial areas.

(6) After the construction or major reconstruction of sewage disposal plants and attendant facilities, and at least once every three years, and once in any 12-month period upon petition by 10 or more people in interest from the municipality or an adjacent municipality, inspect the facilities so constructed, and similar facilities constructed for the purpose, to determine the efficiency of operation and maintenance, and submit a report to the appropriate municipal officials.

(7) Foster and encourage recreational uses of the waters of the State and for this and other purposes cooperate with municipalities of the State and with agencies of the State concerned.

(8) Accept and acquire in the name of the State by purchase, gift, or donation property rights in the waters of the State and facilities or improvements therein and for the purposes aforesaid improve and maintain the same.

(9) Administer loans, grants, and contracts from the federal, State, and local governments and from other sources, public and private, with the approval of the Governor, for furthering the water resources program of the State as embodied in the statutes.

(10), (11) [Repealed.]

(12) Make available to any municipality in the State, to the extent funds are available, assistance relating to surveys, studies, and plans for pollution abatement works.

(13) Undertake a continuing study and investigation of the groundwater in the State and cooperate with other governmental agencies in collecting and compiling data relating to the quantity, quality, and location of groundwater.

(14) Subject to the approval of the Governor, enter into contracts and agreements with the United States as are considered necessary and advisable to provide, subject to legislative authority, assurances of State and local cooperation when those assurances are required by the United States for the purpose of providing protection against floods under federal flood protection projects.

(15) In order to adequately protect the interests of the State in its water resources, and subject to limitations of duties otherwise provided by law, cooperate with the appropriate agencies of the federal and Canadian governments or of this or other states, or any interstate bureau, group, division, or agency with respect to the use of water from lakes and ponds, which are without or wholly or partially contained within this State, and to endeavor to harmonize any conflicting claims that might arise therefrom.

(16) Assist municipalities in the development of water supplies and in the construction of facilities for storage, distribution, and treatment of potable water supplies and approve all plans for the construction of such facilities. The Department may provide planning and engineering assistance as requested in matters relating to preliminary surveys, studies, and plans, if such assistance is not otherwise available.

(17) Adopt in accord with the Administrative Procedure Act those rules necessary for the proper administration of its duties.

(18) Study and investigate the wetlands of the State and cooperate with municipalities, the general public, other agencies, and the Board in collecting and compiling data relating to wetlands; propose to the Board specific wetlands to be designated as Class I wetlands; issue or deny permits pursuant to section 913 of this title and the rules authorized by this subdivision; issue wetland determinations pursuant to section 914 of this title; issue orders pursuant to section 1272 of this title; and in accordance with 3 V.S.A. chapter 25, adopt rules to address the following:

(A) The identification of wetlands that are so significant they merit protection. Any determination that a particular wetland is significant will result from an evaluation of at least the following functions and values which a wetland serves:

(i) provides temporary water storage for flood water and storm runoff;

(ii) contributes to the quality of surface and groundwater through chemical action;

(iii) naturally controls the effects of erosion and runoff, filtering silt, and organic matter;

(iv) contributes to the viability of fisheries by providing spawning, feeding, and general habitat for freshwater fish;

(v) provides habitat for breeding, feeding, resting, and shelter to both game and nongame species of wildlife;

(vi) provides stopover habitat for migratory birds;

(vii) contributes to an exemplary wetland natural community, in accordance with the rules of the Secretary;

(viii) provides for threatened and endangered species habitat;

(ix) provides valuable resources for education and research in natural sciences;

(x) provides direct and indirect recreational value and substantial economic benefits; and

(xi) contributes to the open-space character and overall beauty of the landscape.

(B) The ability to reclassify wetlands, in general, or on a case-by-case basis.

(C) The protection of wetlands that have been determined under subdivision (A) or (B) of this subdivision (18) to be significant, including rules that provide for the issuance or denial of permits and the issuance of wetland determinations by the Department under this chapter; provided, however, that the rules may only protect the values and functions sought to be preserved by the designation. The Department shall not adopt rules that restrain agricultural activities without the consent of the Secretary of Agriculture, Food and Markets and shall not adopt rules that restrain silvicultural activities without the consent of the Commissioner of Forests, Parks and Recreation.

(19) Cooperate with the agencies of the federal government and of the province of Quebec, adjoining states, and states through which water from Vermont streams flow in all matters relating to interstate streams.

(20) [Repealed.]

(21) Act as the Vermont Secretary of Natural Resources mentioned in the act of Congress, entitled “An act authorizing the construction of certain public works on rivers and harbors for flood control and for other purposes,” approved December 22, 1944. In this connection, the Department shall carry out the policy of the State as defined by section 1100 of this title.
10 V.S.A. § 572 — VT Code / Title 10 / Chapter 23 / Section 572
§ 572. Exemption; steam locomotives and engines
Status: in_force

The provisions of this chapter shall not apply to any steam locomotives, engines and rolling stock used in connection with the operation of a railroad within the State.
10 V.S.A. § 1178 — VT Code / Title 10 / Chapter 45 / Section 1178
§ 1178. Reimbursement for tax losses not covered by Compact
Status: in_force

(a) The State of Vermont shall annually reimburse its political subdivisions for the ten percent of the amount of real property, personal property is lost to them by reason of acquisition and ownership by the United States of land, rights or other property acquired by the United States for flood control dams and reservoirs, and not reimbursed by the Commonwealth of Massachusetts and the State of Connecticut under the terms of the Connecticut River Flood Control Compact, sections 1151-1160 of this title. Such total annual reimbursement by the State of Vermont under the terms of this section shall equal one-ninth of the aggregate amount determined by the Connecticut River Flood Control Commission as being due by the State of Connecticut and the Commonwealth of Massachusetts to the State of Vermont solely for the aforesaid tax losses under the terms of said compact.

(b) The Commissioner of Finance and Management shall annually issue his or her warrants in favor of those political subdivisions upon vouchers issued by the Secretary of Natural Resources at the same time as vouchers are issued for payments of reimbursement of the loss of that political subdivision by the State of Connecticut and Commonwealth of Massachusetts.
10 V.S.A. § 7022 — VT Code / Title 10 / Chapter 161 / Section 7022
§ 7022. Screening and certification process
Status: in_force

Under the authority of section 7020 of this title, the Agency shall adopt rules regarding screening for potential alternative sites and certification of sites, which must at least establish the procedures and criteria for:

(1) screening, by the Authority, of the Town of Vernon and the rest of the State;

(2) selecting and studying potential alternative sites by the Authority;

(3) submission, by the Authority, of each selected potential alternative site to the Agency for certification;

(4) certification, by the Agency, of alternative sites and the Yankee site as meeting applicable siting requirements;

(5) characterization of an alternative site;

(6) deciding, by the Authority, to characterize a certified alternative site or to prepare a draft license application for a disposal facility at a characterized site.
10 V.S.A. § 1383 — VT Code / Title 10 / Chapter 47 / Section 1383
§ 1383. Exclusions
Status: in_force

The manufacturer of a cleansing product used primarily in industrial manufacturing, production, and assembling processes or any user of the product may apply to the Secretary to have the product excluded from regulation under this subchapter. The application shall contain sufficient evidence to show that the cleansing product is used primarily in industrial manufacturing, production, and assembling processes and that there is no reasonably available alternative to the user. The exclusion shall only extend to the use of the product in industrial manufacturing, production, and assembling processes. The exclusion, if granted, shall be for a specified period of time and may be extended by the Secretary upon further application by the industrial manufacturer or user.
10 V.S.A. § 6501 — VT Code / Title 10 / Chapter 157 / Section 6501
§ 6501. Storage of radioactive material
Status: in_force

(a) No facility for deposit, storage, reprocessing, or disposal of spent nuclear fuel elements or radioactive waste material shall be constructed or established in the State of Vermont unless the General Assembly first finds that it promotes the general good of the State and approves, through either bill or joint resolution, a petition for approval of the facility. No facility for the incineration of low-level radioactive waste, as defined in subdivision 7001(7) of this title, shall be constructed or established without a similar finding and approval.

(b) The construction or establishment after July 1, 1980 of a low-level, temporary storage facility is exempted from subsection (a) of this section. For the purposes of this subsection, the term “low-level, temporary storage” means storage of material:

(1) that is produced by research, educational, industrial, or medical uses not involving a fission reactor; and

(2) that has an overall radioactivity level, before any dilution, of less than one curie per cubic foot; and

(3) that either:

(A) is awaiting transfer to a commercial disposal site; or

(B) is of a material that spontaneously decreases its radioactivity level by one-half in 90 days or less.
10 V.S.A. § 1974 — VT Code / Title 10 / Chapter 64 / Section 1974
§ 1974. Exemptions
Status: repealed

Notwithstanding any other requirements of this chapter, the following projects and actions are exempt:

(1)(A) All buildings or structures, campgrounds, and their associated potable water supplies and wastewater systems that were substantially completed before January 1, 2007 and all improved and unimproved lots that were in existence before January 1, 2007. This exemption shall remain in effect provided:

(i) no action for which a permit is required under this chapter or the rules adopted under this chapter is taken or caused to be taken on or after January 1, 2007, unless such action is exempt under one of the other permitting exemptions listed in this section or in the rules adopted under this chapter; and

(ii) if a permit has been issued under this chapter or the rules adopted under this chapter before January 1, 2007 that contained conditions that required actions to be taken on or after January 1, 2007, including conditions concerning operation and maintenance and transfer of ownership, the permittee continues to comply with those permit conditions.

(B) If a permit or permit amendment is required because the potable water supply or wastewater system has failed, the Secretary may issue a permit that allows for a variance in accordance with the standards contained in section 1973 of this chapter, the rules adopted under this chapter, and the rules adopted under chapter 56 of this title.

(C) An owner of a single family residence that qualified on January 1, 2007 for the exemption set forth in subdivision (1)(A) of this section shall not be subject to administrative or civil penalties under chapters 201 and 211 of this title for a violation of this chapter or rules adopted under this chapter when the owner believes the supply or system meets the definition of a failed supply or failed system provided that the owner:

(i) conducts or contracts for an inspection of the supply or system;

(ii) notifies the Secretary of Natural Resources of the results of the inspection; and

(iii) has not taken or caused to be taken any other action after January 1, 2007 for which a permit would be required under this chapter or the rules adopted under this chapter.

(2) Primitive camps with no interior plumbing consisting of more than a sink with water, that are used no more than three consecutive weeks per year and no more than a total of 60 days per year, shall be exempt. This exemption does not apply to seasonal camps.

(3) [Repealed.]

(4) The installation or use of a water treatment system for a potable water supply where the treatment system is designed to:

(A) reduce or eliminate water hardness;

(B) reduce or eliminate properties or constituents on the list of secondary standards in the Vermont water supply rules;

(C) reduce or eliminate radon, lead, arsenic, or a combination of these; or

(D) eliminate bacteria or pathogenic organisms, provided that the treatment system treats all of the water used for drinking, washing, bathing, the preparation of food, and laundering.

(5) The installation or use of a water treatment device, provided that the installation or use is overseen by the Secretary as a part of a response action due to contamination or the threat of contamination of a potable water supply by a release or threat of release of a hazardous material or any other source of contamination.

(6) The increase in flow to an existing wastewater system as a result of the use of an exempt water treatment system under subdivisions (4) and (5) of this section.

(7) The subdivision of an unimproved or improved lot or campground where the subdivision results from a transfer of property for a highway or other transportation project that is authorized under the State's enacted Transportation Program or is an emergency project within the meaning of 19 V.S.A. § 10g(h), regardless of whether the State or the municipality has commenced any condemnation proceedings in connection with the project.

(8) From the permit required for operation of failed supply under subdivision 1973(a)(4) of this title for the use or operation of a failed supply that consists of only one groundwater source that provides water to only one single family residence.
10 V.S.A. § 215 — VT Code / Title 10 / Chapter 12 / Section 215
§ 215. Manager; duties
Status: repealed

The manager shall be the chief administrative officer of the Authority and shall direct and supervise the administrative affairs and technical activities of the Authority in accordance with any rules, policies, and procedures set forth by the Authority. In addition to any other duties, the manager shall:

(1) attend all meetings of the Authority, act as its secretary and keep minutes of its proceedings;

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

(3) make an annual report to the Authority documenting the actions of the Authority, and such other reports as the Authority may request;

(4) work closely with the Agency of Commerce and Community Development and provide assistance to the various divisions of that Agency when requested to facilitate the planning and financing of projects; and

(5) [Repealed.]

(6) perform such other duties as may be directed by the Authority in the carrying out of the purposes of this chapter.
10 V.S.A. § 586 — VT Code / Title 10 / Chapter 23 / Section 586
§ 586. Regulation of hydrofluorocarbons
Status: in_force

(a) As used in this section:

(1) “Class I substance” and “class II substance” mean those substances listed in the 42 U.S.C. § 7671a, as it read on November 15, 1990 and Appendix A or B of Subpart A of 40 C.F.R. Part 82, as those read on January 3, 2017.

(2) “Hydrofluorocarbon” means a class of greenhouse gases that are saturated organic compounds containing hydrogen, fluorine, and carbon.

(3) “Residential consumer refrigeration product” has the same meaning as in Section 430.2 of Subpart A of 10 C.F.R. Part 430.

(4) “Retrofit” has the same meaning as in section 152 of Subpart F of 40 C.F.R. Part 82, as that section existed as of January 3, 2017.

(5) “Substitute” means a chemical, product, or alternative manufacturing process, whether new or retrofit, that is used to perform a function previously performed by a class I substance or class II substance and any substitute subsequently adopted to perform that function, including hydrofluorocarbons.

(b)(1) A person may not offer any product or equipment for sale, lease, or rent or install or otherwise cause any equipment or product to enter into commerce in Vermont if that equipment or product consists of, uses, or will use a substitute, as set forth in Appendix U or V, Subpart G of 40 C.F.R. Part 82, as those read on January 3, 2017, for the applications or end uses restricted by Appendix U or V, as those read on January 3, 2017, and consistent with the dates established in subdivision (4) of this subsection.

(2) Except where existing equipment is retrofit, nothing in this subsection requires a person that acquired a restricted product or equipment prior to an effective date of the restrictions in subdivision (4) of this subsection to cease use of that product or equipment.

(3) Products or equipment manufactured prior to an applicable effective date of the restrictions in subdivision (4) of this subsection may be sold, imported, exported, distributed, installed, and used after the specified effective date.

(4) The restrictions under subdivision (1) of this subsection shall take effect beginning:

(A) January 1, 2021, for propellants, rigid polyurethane applications and spray foam, flexible polyurethane, integral skin polyurethane, flexible polyurethane foam, polystyrene extruded sheet, polyolefin, phenolic insulation board and bunstock, supermarket systems, remote condensing units, stand-alone units, and vending machines;

(B) January 1, 2021, for refrigerated food processing and dispensing equipment, compact residential consumer refrigeration products, polystyrene extruded boardstock and billet, and rigid polyurethane low-pressure two component-spray foam;

(C) January 1, 2022, for residential consumer refrigeration products other than compact and built-in residential consumer refrigeration products;

(D) January 1, 2023, for cold storage warehouses and built-in residential consumer refrigeration products;

(E) January 1, 2024, for centrifugal chillers and positive displacement chillers;

(F) January 1, 2020, or the effective date of the restrictions identified in appendix U or V, Subpart G of 40 C.F.R. Part 82, as those read on January 3, 2017, whichever comes later, for all other applications and end uses for substitutes not covered by the categories listed in subdivisions (A) through (E) of this subsection (b);

(G) July 1, 2022, for refrigeration systems used in ice skating rinks; and

(H) January 1, 2023, for containers designed for consumer recharge of motor vehicle air conditioners that use substitutes prohibited under this section.

(c) The Secretary may adopt rules that include any of the following:

(1) The modification of the date of a prohibition established pursuant to subsection (b) of this section if the Secretary determines that the modified deadline meets both of the following criteria:

(A) reduces the overall risk to human health or the environment; and

(B) reflects the earliest date that a substitute is currently or potentially available.

(2) The prohibition on the use of any substitute if the Secretary determines that the prohibition meets both of the following criteria:

(A) reduces the overall risk to human health or the environment; and

(B) a lower-risk substitute is currently or potentially available.

(3) The creation of a list of approved substitutes, use conditions, or use limits, if any, and the addition or removal of substitutes, use conditions, or use limits to or from the list of approved substitutes if the Secretary determines those substitutes reduce the overall risk to human health and the environment.

(4) The creation of a list of exemptions from this section for medical uses of hydrofluorocarbons.

(d) If the U.S. Environmental Protection Agency approves a previously prohibited hydrofluorocarbon blend with a global warming potential of 750 or less for foam blowing of polystyrene extruded boardstock and billet and rigid polyurethane low-pressure two-component spray foam pursuant to the Significant New Alternatives Policy Program under section 7671(k) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), the Secretary shall expeditiously propose a rule to conform to the requirements established under this section with that federal action.

(e) The Secretary of Administration shall include in Administrative Bulletin 3.5 a requirement that State procurement contracts shall not include products that contain hydrofluorocarbons, as prohibited in this section.
10 V.S.A. § 8004 — VT Code / Title 10 / Chapter 201 / Section 8004
§ 8004. Enforcement of Act 250
Status: in_force

In addition to the enforcement of chapter 151 of this title on the Secretary's initiative, the Secretary shall institute enforcement proceedings under chapter 151 when requested by the Natural Resources Board. The Secretary and the Land Use Review Board shall develop procedures for the cooperative enforcement of chapter 151 of this title.
10 V.S.A. § 7068 — VT Code / Title 10 / Chapter 162 / Section 7068
§ 7068. Enforcement
Status: in_force

Any person who violates this chapter or any rule adopted under this chapter or refuses to comply with any of the provisions of this chapter shall be subject to enforcement actions under chapters 201 and 211 of this title.
10APPENDIX V.S.A. § 101 — VT Code / Title 10APPENDIX / Chapter 2 / Section 101
App. § 101. Day
Status: in_force

Unless otherwise specifically provided, the legal day for purposes of this chapter shall begin at twelve o'clock midnight and continue until the next 12:00 midnight.
10 V.S.A. § 5222 — VT Code / Title 10 / Chapter 119 / Section 5222
§ 5222. Other game
Status: in_force

All species of game, other than those specified or approved by the Commissioner for propagation and release found on the premises governed by such permit, may be taken on such premises only under the general provisions of the law governing the taking and possession of the same.
10 V.S.A. § 7556 — VT Code / Title 10 / Chapter 166 / Section 7556
§ 7556. Retailer obligations
Status: in_force

(a) Sale prohibited. Beginning July 1, 2010, no retailer shall sell or offer for sale a covered electronic device unless the covered electronic device is labeled by the manufacturer as required by subdivision 7553(a)(3) of this title, and the retailer has reviewed the website required in subdivision 7559(6) of this title to determine that the labeled manufacturers of all new covered electronic devices that the retailer is offering for sale are registered with the Agency of Natural Resources.

(b) Expiration or revocation of manufacturer registration. A retailer shall not be responsible for an unlawful sale under this section if the manufacturer was not registered or the manufacturer's registration expired or was revoked if the retailer took possession of the covered electronic device prior to July 1, 2010 or prior to the expiration or revocation of the manufacturer's registration, and the unlawful sale occurred within six months after the expiration or revocation.

(c) Customer information. Beginning July 1, 2011, a retailer who sells new covered electronic devices shall provide information to customers describing where and how they may recycle electronic waste and advising them of opportunities and locations for the convenient collection of electronic waste for the purpose of recycling. This requirement may be met by the posting of signs provided under the Standard Plan or a plan approved under section 7554 of this title that includes a warning that electronic waste shall not be disposed of in a solid waste facility and that provides a toll-free number or website address regarding proper disposal of covered electronic devices.
10 V.S.A. § 5402 — VT Code / Title 10 / Chapter 123 / Section 5402
§ 5402. Endangered and threatened species lists
Status: in_force

(a) The Secretary shall adopt by rule a State endangered species list and a State threatened species list. The listing for any species may apply to the whole State or to any part of the State and shall identify the species by its most recently accepted genus and species names and, if available, the common name.

(b) The Secretary shall determine a species to be endangered if it normally occurs in the State and its continued existence as a sustainable component of the State's wildlife or wild plants is in jeopardy.

(c) The Secretary shall determine a species to be threatened if:

(1) it is a sustainable component of the State's wildlife or wild plants;

(2) it is reasonable to conclude based on available information that its numbers are declining; and

(3) unless protected, it will become an endangered species.

(d) In determining whether a species is threatened or endangered, the Secretary shall consider:

(1) the present or threatened destruction, degradation, fragmentation, modification, or curtailment of the range or habitat of the species;

(2) any killing, harming, or over-utilization of the species for commercial, sporting, scientific, educational, or other purposes;

(3) disease or predation affecting the species;

(4) the adequacy of existing regulation;

(5) actions relating to the species carried out or about to be carried out by any governmental agency or any other person who may affect the species;

(6) competition with other species, including nonnative invasive species;

(7) the decline in the population;

(8) cumulative impacts; and

(9) other natural or human-made factors affecting the continued existence of the species.

(e) In determining whether a species is threatened or endangered or whether to delist a species, the Secretary shall:

(1) use the best scientific, commercial, and other data available;

(2) at least 30 days prior to commencement of rulemaking, notify and consult with appropriate officials in Canada, appropriate State and federal agencies, other states having a common interest in the species, affected landowners, and any interested persons; and

(3) notify the appropriate officials and agencies of Quebec or any state contiguous to Vermont in which the species affected is known to occur.
10 V.S.A. § 1153 — VT Code / Title 10 / Chapter 45 / Section 1153
§ 1153. Creation of Commission-Article II
Status: in_force

There is hereby created “The Connecticut River Valley Flood Control Commission,” hereinafter referred to as the “Commission,” which shall consist of 12 members, three of whom shall be residents of the Commonwealth of Massachusetts; three of whom shall be residents of the State of Connecticut; three of whom shall be residents of the State of New Hampshire; and three of whom shall be residents of the State of Vermont.

The members of the Commission shall be chosen by their respective states in such manner and for such term as may be fixed and determined from time to time by the law of each of said states respectively by which they are appointed. A member of the Commission may be removed or suspended from office as provided by the law of the state for which he or she shall be appointed, and any vacancy occurring in the Commission shall be filled in accordance with the laws of the state wherein such vacancy exists.

A majority of the members from each state shall constitute a quorum for the transaction of business, the exercise of any of its powers or the performance of any of its duties, but no action of the Commission shall be binding unless at least two of the members from each state shall vote in favor thereof.

The compensation of members of the Commission shall be fixed, determined, and paid by the state which they respectively represent. All necessary expenses incurred in the performance of their duties shall be paid from the funds of the Commission.

The Commission shall elect from its members a Chair, Vice Chair, Clerk and Treasurer. Such treasurer shall furnish to the Commission, at its expense, a bond with corporate surety, to be approved by the Commission, in such amount as the Commission may determine, conditioned for the faithful performance of his or her duties.

The Commission shall adopt suitable bylaws and shall make such rules and regulations as it may deem advisable not inconsistent with laws of the United States, of the signatory states or with any rules or regulations lawfully promulgated thereunder.

The Commission shall make an annual report to the governor and legislature of each of the signatory states, setting forth in detail the operations and transactions conducted by it pursuant to this compact.

The Commission shall keep a record of all its meetings and proceedings, contracts and accounts, and shall maintain a suitable office, where its maps, plans, documents, records and accounts shall be kept, subject to public inspection at such times and under such regulations as the Commission shall determine.
10 V.S.A. § 6625 — VT Code / Title 10 / Chapter 159 / Section 6625
§ 6625. Toxics use reduction and hazardous waste reduction program
Status: in_force

(a) The Secretary shall establish a program for toxics use reduction and hazardous waste reduction pursuant to this subchapter.

(b) The Secretary shall coordinate the activities of all State agencies with responsibilities and duties relating to toxics use and hazardous waste and shall promote coordinated efforts to encourage toxics use reduction and hazardous waste reduction, with emphasis on the merits of use reduction as a means of reducing the amount of hazardous waste generated or hazardous material released into the environment. Coordination between the program and other relevant State agencies and programs shall, to the fullest extent possible, include joint planning processes and joint research and studies.

(c) The planning and reporting requirements of this subchapter shall apply only to generators who routinely generate, through ongoing process and operation, more than 1,200 kg (2,640 lbs) of hazardous waste per year or more than 12 kg (26.4 lbs) of acutely hazardous waste per year, and to large users.

(d) The Secretary shall adopt rules to carry out this subchapter. The rules shall include a provision for exempting from the requirements of this subchapter generators for whom the Secretary determines no source reduction opportunities exist. The Secretary may, by rule, add or remove any toxic substance or hazardous waste from the provisions of this subchapter. In order to add or remove any toxic substance or hazardous waste from the provisions of this subchapter, the Secretary shall make findings with respect to toxicity, potential impact on public health and the environment, and the potential for use reduction or waste reduction of the toxic substance or hazardous waste.

(e) The Secretary shall adopt, by rule, a list of SIC codes that identifies those facilities that are subject to this subchapter as a large user. The list initially must include SIC codes 20 through 39. In adding additional SIC codes, the Secretary shall make findings with respect to chemical use within the SIC category, and shall find:

(1) that the potential impact on public health and the environment is significant; and

(2) that the potential for use reduction and waste reduction within the category is significant.

(f) This subchapter shall not apply to farmers, dealers, or applicators regulated under 6 V.S.A. chapters 81 and 87, or any other persons to the extent they are regulated under any other chapters of Title 6.
10 V.S.A. § 6103 — VT Code / Title 10 / Chapter 151 / Section 6103
§ 6103. Authority
Status: in_force

A District Commission or the Agency may assess a transportation impact fee in accordance with this subchapter.
10 V.S.A. § 1395a — VT Code / Title 10 / Chapter 48 / Section 1395a
§ 1395a. Licenses; rules
Status: repealed

(a) Licenses. The Department shall issue licenses under this subchapter. A licensee may be authorized to perform more than one class of activities under a single license. The Department shall, by rule, establish appropriate application, testing, and renewal procedures for each class of activity under a license. The rule shall include the opportunity for an applicant to take the licensing test orally or by demonstration if the applicant fails the written test. The classes of activities under a license shall be as follows:

(1) Water well driller. This class shall consist of any person engaged in the business of constructing wells for the purpose of locating, extracting, or recharging groundwater, or for the purpose of transferring heat to or from the earth's subsurface.

(2) Monitoring well driller. This class shall consist of any person engaged in the business of constructing, servicing, or closing wells drilled for the purpose of monitoring groundwater quantity or quality.

(3), (4) [Repealed.]

(b) Criminal background; pre-application determination. The Department shall provide a pre-application determination of an individual's criminal background. This determination shall not be binding on the Department in a future application if the individual violates probation or parole or is convicted of another crime following the determination.

(1) The Department shall initiate this determination upon an individual's “second chance” determination request. This request shall provide documentation related to the individual's conviction or convictions and evidence of rehabilitation.

(2) The individual shall submit this request online, accompanied by a pre-application fee of $25.00. If the individual thereafter applies for licensure, this pre-application fee shall be deducted from that license application fee.

(3) The Department shall:

(A) process a request within 30 days of receiving a complete request;

(B) assess the nature of the underlying conviction or convictions, the nexus to the well-drilling profession, and the provided evidence of rehabilitation; and

(C) respond to the individual's request in writing.

(c) Continuing education; sunset review.

(1) Not less than once every five years, the Department shall review its continuing education or other continuing competency requirements for well drillers. The review results shall be in writing and address the following:

(A) the renewal requirements of the profession;

(B) the renewal requirements in other jurisdictions, particularly in the Northeast region;

(C) the cost of the renewal requirements for the profession's licensees;

(D) an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and

(E) recommendations to the Secretary on whether the continuing education or other continuing competency requirements should be modified.

(2) The Secretary shall respond to the Department within 45 days of its submitted review results. The Secretary may require the Department to reduce, modify, or otherwise change the renewal requirements, including by proposing any necessary amendments to statute or rule.

(d) Military credentials. The Department may evaluate specific military credentials to determine equivalency to credentials for well drillers. The determinations shall be adopted through written policy that shall be posted on the Department's website.

(e) Uniform process for endorsement from other states.

(1) The Department shall issue licenses for well drillers who have been licensed in good standing in another jurisdiction within the United States for at least three years, regardless of whether that jurisdiction has licensing requirements substantially similar to those of this State.

(2) If the Department determines that three years of demonstrated practice in another specific jurisdiction is not adequately protective of the public, it shall provide its rationale to the Secretary, who may propose any necessary statutory or rule amendments in order to implement more restrictive requirements for endorsement for that jurisdiction.

(3) The Secretary may issue to an endorsement applicant a waiver of the practice requirement if there is a showing that the waiver follows State policy and the public is adequately protected.

(f) Uniform process for foreign credential verification.

(1) The Secretary shall adopt rules in consultation with the Department that prescribe a process for the Secretary to assess the equivalence of an applicant's professional credentials earned outside the United States as compared to State licensing requirements for well drillers.

(2) Any determination of equivalence by the Secretary under this section shall be in consultation with the Department, recorded in the applicant's licensing file, and binding upon the Department.

(3) In administering this section, the Secretary may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.

(g) Rules.

(1) The Department may adopt rules to implement the provisions of this subchapter and to establish well construction standards for persons engaged in the business of well construction.

(2)(A) Rules relating to licensing standards shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are granted licensure if they demonstrate that they possess the minimal occupational qualifications necessary for the purposes of groundwater protection. They shall not be designed or implemented for the purpose of limiting the number of licensees.

(B) All other rules to implement the provisions of this subchapter shall be rationally related to the purposes of this chapter, and shall be designed to achieve a reasonable balance between the expected governmental, societal, and occupational costs and the expected benefits.
10 V.S.A. § 253 — VT Code / Title 10 / Chapter 12 / Section 253
§ 253. Authority projects
Status: in_force

(a) The Authority may engage in projects within the State in accordance with the provisions of this subchapter. For the purposes of this section and section 254 of this title:

(1) The word “municipality” as used in the sections of this subchapter other than this section shall mean the “Authority”;

(2) The provisions of section 245 of this title shall not apply; and

(3) The provisions of this subchapter other than this section and section 254 of this title shall, where appropriate, be deemed to be modified or superseded by the provisions of this section and section 254 of this title.

(b) For the purposes of engaging in a project, the Authority shall act on behalf of the State as its agent and instrumentality for the execution of financing documents, security documents, bonds, and other appropriate instruments or for the taking of any action with respect to a project financed in whole or in part by the issue of bonds under section 254 of this title.

(c) Title to or possessory interest in any eligible facility that is financed in whole or in part by the issue of bonds pursuant to section 254 of this title may be taken and held in the name of the Authority. In performing its functions under this section, the Authority may exercise any and all powers conferred upon municipalities by this subchapter, but the Authority shall not execute any financing document, security document, or bond with respect to a project until the Authority has made the findings required by section 246 of this title.

(d) The Authority shall establish guidelines for the type and location of projects that shall be considered in evaluating applications for financing under this subchapter. These guidelines shall be used to prioritize projects and shall include factors such as the number of permanent jobs created or retained; the wage rates of the jobs created; the availability and suitability of private market financing; the employment multiplier effect; the potential for alleviating unemployment in distressed areas; the potential effect on the revitalization of depressed commercial areas; the potential to stimulate markets for recycled materials to be used as raw materials; whether the project is located in the job development zone as designated under chapter 29, subchapter 2 of this title; and a potential for increasing capital investment. In the consideration of nonmanufacturing projects, priority shall be given to those projects located within areas suffering from the loss of commercial or service enterprises, loss of commercial or service sales, buildings with large vacancy rates, or physically deteriorating structures.
10 V.S.A. § 1201 — VT Code / Title 10 / Chapter 46 / Section 1201
§ 1201. Compact
Status: in_force

The State of Vermont enters into the following compact with the State of New Hampshire subject to the terms and conditions therein stated.
10 V.S.A. § 1106 — VT Code / Title 10 / Chapter 43 / Section 1106
§ 1106. Dam Safety Revolving Loan Fund
Status: in_force

(a) There is hereby established a special fund to be known as the Vermont Dam Safety Revolving Loan Fund that shall be used to provide low- or zero-interest loans, including subsidized loans as established under subsection (b) of this section and the rules adopted under section 1110 of this title, pursuant to rules adopted by the Agency of Natural Resources, for the reconstruction, repair, removal, breaching, draining, or other action necessary to reduce the risk of a dam.

(b) Funds from the Dam Safety Revolving Loan Fund shall be available for both emergency and nonemergency projects. To be eligible for a Dam Safety Loan, the dam shall meet the conditions associated with the funding type:

(1) Emergency funding. To provide emergency funding for critical, time-sensitive temporary safety or risk reduction measures such as reservoir drawdown, partially or fully breaching the dam, stabilization or buttressing of the dam, including engineering and emergency action planning activities. To be eligible for emergency funding, the dam must meet the following criteria:

(A) The dam must be under the regulatory jurisdiction of the DEC Dam Safety Program, including dams owned by the State of Vermont.

(B) The dam must be in need of critical time-sensitive safety or risk reduction measures in order to protect public safety and property, or be a dam found to be unsafe or a menace to public safety under section 1095 of this title. The Dam Safety Program shall be able to access the fund on behalf of owners in cases of emergency, immediate need, or in the case of unwilling or unable dam owners.

(2) Nonemergency funding. For permanent safety or risk reduction projects such as repair, rehabilitation, or removal, including engineering, analyses, design, and construction. To be eligible for nonemergency funding, the dam must meet the following criteria:

(A) The dam must be under the regulatory jurisdiction of the DEC Dam Safety Program, excluding dams owned by the State of Vermont.

(B) The dam must be classified as a significant or high-hazard potential dam and in fair, poor, or unsatisfactory condition based on the last periodic or comprehensive inspection.

(C) For funding for nonemergency repair or rehabilitation projects, the dam owner shall provide an operation and maintenance plan and dam safety compliance schedule as well as financial information to show sufficient resources are available to maintain the dam and comply with the dam safety rules after the completion of repairs or the rehabilitation project.

(D) For funding for nonemergency construction, the applicant shall provide proof that applicable local, State, and federal permits have been obtained, including the State Dam Safety Order.

(E) To be eligible for nonemergency funding, an alternatives analysis of dam repair, rehabilitation, and removal options that considers an evaluation of risk reduction, dam safety and ecological resilience and public benefits considerations, and costs shall be completed, pursuant to the rule adopted by the Department.

(F) Under this subdivision (b)(2), only engineering, analysis, design, and construction that result in acceptable risk reduction are eligible for loan subsidy.

(c) The Fund created by this section shall be established and held separate and apart from any other funds or monies of the State and shall be used and administered exclusively for the purposes set forth in this section. The funds shall be invested in the same manner as permitted for investment of funds belonging to the State or held in the Treasury. The Fund shall consist of the following:

(1) such sums as may be appropriated or transferred thereto from time to time by the General Assembly, the Emergency Board, or the Joint Fiscal Committee during such times as the General Assembly is not in session;

(2) principal and interest received from the repayment of loans made from the Fund;

(3) capitalization grants and awards made to the State by the United States of America for the purposes for which the Fund has been established;

(4) interest earned from the investment of Fund balances;

(5) private gifts, bequests, and donations made to the State for the purposes for which the Fund has been established; and

(6) other funds from any public or private source intended for use for any of the purposes for which the Fund has been established.

(d) The Secretary may bring an action under this subsection or other available State and federal laws against the owner of the dam to seek reimbursement to the Fund for all loans made from the Fund pursuant to this section.

(e)(1) Annually, on or before January 31, the Department shall report to the House Committee on Environment and the Senate Committee on Natural Resources and Energy regarding operation and administration of the Dam Safety Program. The report shall include:

(A) details on all emergency and nonemergency loans made from the Dam Safety Fund during the previous year;

(B) a description of each project funded from the Dam Safety Fund, including dam name, town and waterbody in which the dam is located, hazard classification, dam condition, details of the repair or removal, year of the last and next Department inspection, project cost, loan amount, and repayment terms;

(C) for emergency loans, justification for the emergency and an explanation why action was needed to be undertaken immediately using State funds; and

(D) a projection of loan repayment income to the Fund.

(2) The Department shall post reports made under this subsection to its website on the same date the report is submitted to the General Assembly.
10 V.S.A. § 599b — VT Code / Title 10 / Chapter 24A / Section 599b
§ 599b. Climate Change Cost Recovery Program audit
Status: in_force

Beginning on January 1, 2031 and every five years thereafter, the State Auditor shall evaluate the operation and effectiveness of the Climate Superfund Cost Recovery Program. The Auditor shall make recommendations to the Agency on ways to increase program efficacy and cost-effectiveness. The Auditor shall submit the results of the audit to the Senate Committees on Natural Resources and Energy and on Judiciary and the House Committees on Environment and on Judiciary. The State Auditor shall be reimbursed from the Climate Superfund Cost Recovery Program Fund for any costs associated with hiring technical expertise necessary to complete the audits required under this section.
10 V.S.A. § 6694 — VT Code / Title 10 / Chapter 159 / Section 6694
§ 6694. Single-use plastic straws
Status: in_force

(a) A food service establishment shall not provide a single-use plastic straw to a customer, except that a food service establishment may provide a straw to a person upon request.

(b) The prohibition on sale or provision of a single-use plastic straw under subsection (a) of this section shall not apply to:

(1) a hospital licensed under 18 V.S.A. chapter 43;

(2) a nursing home, residential care home, assisted living residence, home for the terminally ill, or therapeutic community, as those terms are defined in 33 V.S.A. chapter 71; or

(3) an independent living facility as that term is defined in 32 V.S.A. chapter 225.

(c) This section shall not alter the requirements of 9 V.S.A. chapter 139 regarding the provision of services by a place of public accommodation.
10 V.S.A. § 665 — VT Code / Title 10 / Chapter 27 / Section 665
§ 665. Bookkeeping systems
Status: in_force

All tourist promotion organizations will keep records of any applications, transactions, payment receipts, and correspondence relating to the implementation of the matching funds program.
10 V.S.A. § 6652 — VT Code / Title 10 / Chapter 159 / Section 6652
§ 6652. Certificate of completion
Status: in_force

(a) After completion of all activities required by the corrective action plan, the applicant shall file a completion report with the Secretary. The completion report shall include all the following:

(1) description of the activities performed under the corrective action plan and any amendments to the plan;

(2) description of any problems encountered;

(3) certification by the applicant that the activities were performed in accordance with the corrective action plan.

(b) Upon receipt of the completion report, the Secretary shall determine whether additional work is required in order to complete the plan. The applicant shall perform any additional activities necessary to complete the corrective action plan as required by the Secretary and shall submit a new completion report. When the Secretary determines that the applicant has successfully completed the corrective action plan and paid all fees and costs due under this subchapter, the Secretary shall issue a certificate of completion, which certifies that the work is completed. The certificate of completion shall include a description of any land use restrictions and other conditions required by the corrective action plan. The Secretary may establish land use restrictions in the certificate of completion for a property, but the Secretary shall not acquire interests in the property in order to establish a land use restriction.

(c) If, on request of the applicant, the Secretary determines that no further investigation, abatement, removal, remediation, or monitoring activities are required, the Secretary shall issue a certificate of completion that includes a description of any required land use restrictions.

(d) The Secretary may determine that a corrective action plan and any amendments of an applicant who participated in the program prior to acquiring an ownership interest in the property and is not otherwise liable pursuant to section 6615 of this title have been substantially completed and that all fees and costs due under this subchapter have been paid and issue a certificate of completion. The certificate of completion shall certify that the work is completed and may include conditions for operation and monitoring in addition to the requirements pursuant to section 6653 of this title.

(e) A certificate of completion issued pursuant to this section shall contain a statement that the protection from liability pursuant to subsection 6653(a) of this title is in effect. The person receiving the certificate of completion shall file it in the land records for the municipality in which the property is located.
10 V.S.A. § 2655 — VT Code / Title 10 / Chapter 83 / Section 2655
§ 2655. Receipts
Status: in_force

All monies received for the sale of lumber, wood, or other products from a municipal forest shall be paid into the treasury of the municipality. In the event any of the lands held by a municipality for municipal forest purposes are sold, advances made by the State or federal government in the purchase thereof shall be repaid to the State by the municipality.
10 V.S.A. § 1022 — VT Code / Title 10 / Chapter 41 / Section 1022
§ 1022. Application for alteration
Status: in_force

A person proposing to change, alter, or modify the course, current, or cross section of a watercourse shall apply in writing to the Secretary for a permit to do so. The application shall describe the location and purpose of the proposed change and shall be accompanied by the maps and plans and other information the Secretary shall direct. When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title and the requirements of this subchapter.
10 V.S.A. § 689 — VT Code / Title 10 / Chapter 29 / Section 689
§ 689. Multi-year commitments
Status: in_force

(a) Those municipalities that received commitments of multi-year funds in federal fiscal year 1981 under the provisions of the Federal Act shall be assured of funding to the extent of such commitments, provided such municipalities request the State to honor such funding commitments and the Secretary of the U.S. Department of Housing and Urban Development has provided the Secretary with a determination that any such municipality has performed adequately with respect to such previously distributed funds.

(b) Those municipalities eligible to receive funding under the provisions of this section and so requesting such funding shall make application to the Agency in a manner as shall be determined by the Secretary.

(c) The Secretary, with the advice and assistance of the Board, may allow the municipalities making application under this section to amend their programs to the extent that the program so amended meets the intent and purpose of this subchapter.

(d) Notwithstanding the provisions of sections 686 and 687 of this title, the Secretary may adopt separate rules for the expeditious consideration of applications and allocations made under this section.
10 V.S.A. § 4084 — VT Code / Title 10 / Chapter 103 / Section 4084
§ 4084. Game
Status: repealed

(a) Rules concerning wild game may:

(1) establish open seasons; however, rules regarding taking of deer adopted under this subdivision shall, unless there is a scientific reason not to do so, make provision for a regular rifle hunting season of no fewer than 16 consecutive days, an archery season, and a muzzle loader season;

(2) establish daily, season, and possession limits;

(3) establish territorial limits for any rule under this subchapter;

(4) prescribe the manner and means of taking any species or variety, and including reporting and tagging of game;

(5) establish restrictions on taking based upon sex, maturity, or other physical distinction of the species or variety pursued; and

(6) designate Wildlife Management Units for various species or varieties.

(b)(1) On or before July 1 of each year, the Commissioner shall publish a report showing all the Wildlife Management Units and proposed deer seasons. The reports shall include supporting data for the proposed actions.

(2) Each January, the Commissioner shall publish an annual deer report.

(c) The Board may alter the outer boundary of a Wildlife Management Unit no more frequently than every 10 years without approval of the General Assembly; however, the Board shall have authority to subdivide established Wildlife Management Units.

(d), (e) [Repealed.]
10 V.S.A. § 1264d — VT Code / Title 10 / Chapter 47 / Section 1264d
§ 1264d. Ecosystem Restoration and Water Quality Improvement Special Fund
Status: in_force

(a) Purpose. The federal and State requirements for the permitting of Municipal Separate Storm Sewer Systems (MS4) require certain communities to collect water flow and precipitation data at monitoring stations on stormwater-impaired waters in order to demonstrate compliance with stormwater Total Maximum Daily Load allocations. The costs, equipment, and expertise to conduct monitoring can be prohibitive to individual communities. The establishment of the Ecosystem Restoration and Water Quality Improvement Special Fund is intended to ensure municipal compliance with the monitoring requirements for MS4 communities while reducing the fiscal and other pressures on these communities.

(b) Creation of Fund; purpose. There is created an Ecosystem Restoration and Water Quality Improvement Special Fund, to be managed in accordance with the requirements of 32 V.S.A. chapter 7, subchapter 5, and to be administered by the Secretary of Natural Resources. The Ecosystem Restoration and Water Quality Improvement Special Fund shall be used to provide assistance to municipalities in fulfilling the monitoring, education, and other requirements of the MS4 permitting program. The Secretary is authorized to collect monies for the Fund and to make disbursements from the Fund directly related to the Secretary's oversight of monitoring required under the MS4 program.

(c) Participation by municipalities.

(1) A municipality may through a memorandum of understanding (MOU) with the Secretary of Natural Resources agree to contribute to the Ecosystem Restoration and Water Quality Improvement Special Fund to perform the monitoring and other data collection that a municipality is required to conduct under the MS4 permitting program. Under the MOU, a municipality shall commit to contribute to the Fund the municipality's share of funding required by the Agency of Natural Resources to perform MS4 monitoring and provide oversight and administration. Memoranda of understanding shall serve to coordinate funding and work among municipalities, the State, and any entity contracted with or by a municipality or the State for the purposes of improving water quality.

(2) At a minimum, each memorandum of understanding developed under this section shall contain the following:

(A) the purpose of the memorandum of understanding;

(B) a description of the work to be performed under the memorandum of understanding;

(C) a description of how the coordinated work proposed under the memorandum of understanding will improve water quality;

(D) the entities eligible to participate under the memorandum of understanding; and

(E) the amount of required contribution by the entity, based on a funding formula developed in consultation with entities eligible to participate in the program.

(3) A memorandum of understanding developed under this section shall be posted on the Agency website and subject to a comment period of not less than 30 days.

(4) All participating entities, and the Agency, shall sign any final memoranda of understanding.

(d) Fund proceeds.

(1) The Ecosystem Restoration and Water Quality Improvement Special Fund deposits shall consist of:

(A) payment of costs by participating MS4 communities;

(B) monies appropriated by the General Assembly; and

(C) any other source, public or private.

(2) Unexpended balances and interest earned on the Fund shall be retained in the Fund for use in accordance with the purposes of the Fund.

(e) Fund accounts; expenditures.

(1) The Secretary shall maintain separate accounts within the Ecosystem Restoration and Water Quality Improvement Special Fund for each memorandum of understanding. The Secretary may establish within the Fund an account for the purpose of conducting education and outreach related to improvements to water quality.

(2) Expenditures from an account shall be limited to the purposes established by the memorandum of understanding associated with that account. The Secretary is prohibited from disbursing funds on behalf of an entity that failed to contribute its assigned allocation pursuant to the funding formula established by the Secretary or for any purpose not associated with that account.
10 V.S.A. § 7115 — VT Code / Title 10 / Chapter 164 / Section 7115
§ 7115. Rulemaking
Status: in_force

The Secretary of Natural Resources is authorized to adopt rules necessary to implement this chapter.
10 V.S.A. § 1343 — VT Code / Title 10 / Chapter 47 / Section 1343
§ 1343. Commission membership
Status: in_force

The State shall be represented on the Commission by five commissioners, one of whom shall be the Commissioner of Environmental Conservation, and four of whom shall be appointed by the Governor. Of those appointed by the Governor, one shall be an officer of municipal government, and the remaining members may be members of the public or officers or employees of State government.
10 V.S.A. § 4602 — VT Code / Title 10 / Chapter 111 / Section 4602
§ 4602. Unintentional taking; return to water
Status: in_force

When a fish is unintentionally taken contrary to a provision of this part or of regulations of the Board, such fish shall be immediately liberated and returned to the water from whence taken, without unnecessary injury. The person so returning such fish shall not be subject to the penalty for taking same.
10 V.S.A. § 4501 — VT Code / Title 10 / Chapter 109 / Section 4501
§ 4501. Aiding in violations; sharing in proceeds
Status: in_force

A person who drives, transports, scouts, counsels, or otherwise aids another person in a violation of a provision of this part, or who knowingly possesses, consumes, or otherwise shares in the proceeds of such a violation by receiving or possessing fish or wild animals, or any parts thereof, shall be punished as a principal.
10 V.S.A. § 1099 — VT Code / Title 10 / Chapter 43 / Section 1099
§ 1099. Appeals
Status: in_force

Appeals of any act or decision of the Department under this chapter shall be made in accordance with chapter 220 of this title.
10 V.S.A. § 683 — VT Code / Title 10 / Chapter 29 / Section 683
§ 683. Title
Status: in_force

(1) As used in this subchapter:

(2) “Municipality” means a town or city. It also means an incorporated village the charter of which enables it to function as a general purpose unit of local government. It shall also mean a “nonentitlement area” as defined in Title I, Sec. 102(a)(7) of the Federal Act.

(3) “Grantee” means a municipality that receives a grant under the provisions of this subchapter.

(4) “Board” means the Vermont Community Development Board.

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

(6) “Secretary” means the Secretary of the Agency.

(7) “Legislative body” means the aldermen of a town, the board of aldermen, or the council of a city, or the board of trustees or prudential committee of an incorporated village.

(8) “Chief executive officer” means the mayor of a city; or if no mayor, the president of the board of aldermen, the chair of the city council, the chair of the board of selectboard, the president of the board of trustees, or chair of the prudential committee.

(9) “Lower income” means less than or equal to 80 percent of median income. The Secretary shall determine the best measure of median income based on statistics from federal and/or State sources.
10 V.S.A. § 6626 — VT Code / Title 10 / Chapter 159 / Section 6626
§ 6626. Plan and report formats; data information system
Status: in_force

(a) On or before January 1, 1992, the Secretary shall adopt a format to be used by generators and large users for completing the toxics use reduction and hazardous waste reduction plan required by section 6629 of this title. On or before July 1, 1993, the Secretary shall adopt a format for the toxics use reduction and hazardous waste reduction performance report required by section 6630 of this title.

(b) On or before July 1, 1992, the Secretary shall establish a data and information system for use in administering the provisions of this subchapter. In establishing the data and information system, the Secretary shall:

(1) establish methods and procedures for appropriately processing or managing hazardous waste reduction and toxics use reduction information;

(2) use the data management expertise, resources, and forms of already established environmental protection programs, to the extent practicable;

(3) establish computerized data retrieval and data processing systems, including safeguards to protect trade secrets designated pursuant to section 6632 of this title or protected under 1 V.S.A. § 317;

(4) identify additional data and information needs of the program.
10 V.S.A. § 449 — VT Code / Title 10 / Chapter 20 / Section 449
§ 449. Relation to other laws
Status: in_force

The provisions of this chapter shall not be construed to limit the powers of any governmental body under any other law or municipal charter.
10 V.S.A. § 5211 — VT Code / Title 10 / Chapter 119 / Section 5211
§ 5211. Poaching; propagation farms; injury; penalties
Status: in_force

A person shall not, without permission, enter upon the premises of a propagation farm and take fish, or wild animals, or upon a pond as defined in section 5210 of this title and take fish, or foul the waters of such farm or pond with a substance injurious to the life or growth of fish or break or destroy a dam, reservoir, or embankment, or divert the water, or wilfully damage such farm or pond. Such person shall be liable to the owner of such premises for damages in a civil action on this section.
10 V.S.A. § 4652 — VT Code / Title 10 / Chapter 112 / Section 4652
§ 4652. Purposes-Article I
Status: in_force

The purpose of this Compact is to promote the restoration of Anadromous Atlantic salmon, hereinafter referred to as Atlantic salmon, in the Connecticut River basin by the development of a joint interstate program for stocking, protection, management, research, and regulation. It is the purpose of this Compact to restore Atlantic salmon to the Connecticut River in numbers as near as possible to their historical abundance.
10 V.S.A. § 4518 — VT Code / Title 10 / Chapter 109 / Section 4518
§ 4518. Big game violations; threatened and endangered species; suspension; violations
Status: in_force

(a) Whoever violates a provision of this part or orders or rules of the Board that constitutes a big game violation shall be fined not more than $2,000.00 nor less than $500.00 or imprisoned for not more than 60 days, or both. Upon a second and all subsequent convictions or any conviction while under license suspension related to the requirements of part 4 of this title, the violator shall be fined not more than $5,000.00 nor less than $2,000.00 or imprisoned for not more than 180 days, or both.

(b) As used in this section, “big game violation” means:

(1) violations relating to taking, possessing, transporting, buying, or selling of big game;

(2) violations of chapter 123 of this title and the rules related to threatened and endangered species;

(3) violation of section 4280 of this title relating to criminal suspensions;

(4) violations of chapter 124 of this title relating to the trade in covered animal parts or products;

(5) interference with hunting, fishing, or trapping in violation of section 4708 of this title; or

(6) illegal commercial importation or possession of wild animals in violation of section 4709 of this title.
10APPENDIX V.S.A. § 15b — VT Code / Title 10APPENDIX / Chapter 1 / Section 15b
App. § 15b. Rule Governing Public Use of Vermont Fish and Wildlife Department Shooting Ranges
Status: in_force

1.0 Authority.

1.1 This rule is adopted pursuant to 10 V.S.A. § 4146 which authorizes the Commissioner to adopt rules “as necessary for the proper protection and management” of public shooting grounds.

1.2 This rule is only applicable to shooting range facilities which are owned by the Vermont Fish and Wildlife Department and are open to the general public.

2.0 Purpose.

2.1 The purposes of this rule are to regulate public activities and use at Vermont Fish and Wildlife Department shooting ranges, to provide for the safe and efficient operation of these facilities and to protect the health, safety, and welfare of the public.

3.0 Requirements and Prohibited Activities at all Department Shooting Ranges.

3.1 All range users shall:

(a) have a valid Vermont hunting, fishing or combination license as required for individuals 15 years of age and older, unless attending an event or training sponsored by the Department;

(b) be limited to one unlicensed visitor and shall be held accountable for the visitor. All visitors shall be required to purchase his or her own license after 3 visits during the range year (April 1st — Dec 14th).

(c) wear hearing and eye protection, this includes both shooters and spectators;

(d) not handle or shoot any firearms while anyone is beyond or in front of the firing line, shooting benches or otherwise down range;

(e) communicate to all shooters to cease shooting, before going down range;

(f) point any firearm in a safe direction at all times;

(g) cap and prime muzzleloaders from the firing line;

(h) keep all firearms unloaded, with actions open, until the shooter is ready to fire at the firing line; and

(i) remove and place all discarded objects, trash, targets and spent cartridge hulls in trash receptacles before leaving the range.

3.2 The following activities are strictly prohibited:

(a) The use of the shooting range at any other time than the range hours posted at the range by the Commissioner of the Vermont Fish and Wildlife Department.

(b) The use of tracer, armor piercing or steel core ammunition.

(c) The shooting of any airborne or thrown objects (e.g. clay pigeons), unless designated for such purpose.

(d) Shooting long rifles and shotguns from any pistol bench.

(e) Shooting handguns from the long-gun benches.

(f) Shooting outside the designated shooting areas, in front of the firing line or, anywhere other than from or right next to shooting benches.

(g) Shooting any target other than paper targets secured to the target frames and raised above ground level, unless attending an event or training sponsored by the Department. No other targets shall be allowed.

(h) Shooting at the vegetation, trash, range equipment or facilities.

(i) Shooting from the hip or any other shooting position in which the shooter cannot properly utilize the sights.

(j) The use of lighted tobacco products such as cigarettes, cigars, and pipes; and the use of alcohol, or any illegal substances.

(k) The presence at the facility or use of the facility by any person who is under the influence of alcohol or any illegal substances.

(l) Children (aged 15 years or younger) that are not accompanied by an individual over the age of 18, unless attending an event or training sponsored by the Department.

(m) The presence of any domestic animal or pets on the range except bona fide Service and Assistance Animals.

(n) The use of any fireworks, pyrotechnics, or any other explosive targets, including tannerite.

4.0 Hours of Operation and Prohibited Activities Applicable Only to Hammonds Cove Shooting Range.

4.1 Unless otherwise posted at the discretion of the Commissioner of the Fish and Wildlife Department, the Hammond Cove Shooting Range shall be open: April 1 to December 14, Thursday through Monday, 10AM to 3PM; except Sundays, 10AM to 2PM.

4.2 Hammonds Cove Shooting Range shall be closed December 15 through March 31; and on all Vermont State & Federal Holidays; except for special events approved by the Commissioner.

4.3 Firing more than one round per second is prohibited at Hammonds Cove Shooting Range.
10 V.S.A. § 6620a — VT Code / Title 10 / Chapter 159 / Section 6620a
§ 6620a. Limitations on the use of heavy metals in packaging
Status: in_force

(a) This section shall take effect on the date the Secretary determines that a law similar to this section has been adopted by any combination of the northeast states with an aggregate population of at least 10,000,000 people. For purposes of this section, northeastern states shall include the New England states, Pennsylvania, New York, and New Jersey.

(b) As used in this section, the following definitions shall apply:

(1) “Package” means a container providing a means of marketing, protecting, or handling a product and shall include a unit package, an intermediate package and a shipping container. “Package” also shall mean and include such unsealed receptacles as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.

(2) “Distributor” means any person, firm, or corporation that takes title to goods purchased for resale.

(3) “Packaging component” means any individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels. Tin-plated steel that meets the American Society for Testing and Materials (ASTM) specification A-623 shall be considered as a single package component. Electro-galvanized coated steel and hot dipped coated galvanized steel that meets the ASTM specifications A-525 and A-879 shall be treated in the same manner as tin-plated steel.

(4) “Intentional introduction” means the act of deliberately utilizing a regulated metal in the formulation of a package or packaging component where its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance, or quality.

(5) “Incidental presence” means the presence of a regulated metal as an unintended or undesired ingredient of a package or packaging component.

(6) “Manufacturing” means physical or chemical modification of one or more materials to produce packaging or packaging components.

(7) “Distribution” means the practice of taking title to one or more package or packaging components for promotional purposes or resale. Persons involved solely in delivering one or more packages or packaging components on behalf of their parties are not considered distributors.

(8) “Manufacturer” means any person, firm, association, partnership, or corporation producing one or more packages or packaging components as defined in this section.

(9) “Supplier” means any person, firm, association, partnership, or corporation which sells, offers for sale, or offers for promotional purposes packages or packaging components that shall be used by any other person, firm, association, partnership, or corporation to package a product.

(c)(1) As soon as feasible, but not later than one year after the Secretary makes the finding described in subsection (a) of this section, no package or packaging component shall be offered for sale or for promotional purposes by its manufacturer or distributor in the State of Vermont that includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives containing any lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements.

(2) The use of a regulated metal as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing, resulting in the incidental retention of a residue of that metal in the final package or packaging component that is neither desired nor deliberate, is not considered intentional introduction for the purposes of this section where that final package or packaging component is in compliance with subdivision (e)(3) of this section and where there is no reasonable alternative.

(3) The use of recycled materials as feedstock for the manufacture of new packaging materials, where some portion of the recycled materials may contain amounts of the regulated metals, is not considered intentional introduction for the purposes of this section where the new package or packaging component is in compliance with subdivision (e)(3) of this section.

(d) As soon as feasible, but not later than one year after the Secretary makes the finding described in subsection (a) of this section, no product shall be offered for sale or for promotional purposes by its manufacturer or distributor in the State of Vermont in a package that includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives containing any lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements.

(e) The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in any package or packaging component shall not exceed the following:

(1) 600 parts per million by weight (0.06 percent) effective two years after the Secretary makes the findings described in subsection (a) of this section;

(2) 250 parts per million by weight (0.025 percent) effective three years after the Secretary makes the findings described in subsection (a) of this section; and

(3) 100 parts per million by weight (0.01 percent) effective four years after the Secretary makes the findings described in subsection (a) of this section.

(f) All packages and packaging components shall be subject to subsections (c), (d), and (e) of this section except the following:

(1) Those packages or packaging components with a code indicating date of manufacture that were manufactured prior to the effective date of this statute.

(2) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law, provided that the manufacturer of a package or packaging component must petition the Secretary for any exemption from the provisions of this subsection for a particular package or packaging component based upon either criterion; and provided further, that the Secretary may grant an exemption for up to two years if warranted by the circumstances; and provided further, that such an exemption may, upon meeting the criterion of this subsection, be renewed at two-year intervals.

(3) Packages and packaging components that would not exceed the maximum contaminant levels set forth in this section but for the addition of recycled materials; and provided that the exemption under this subdivision shall expire on January 1, 2000.

(4) Packages and packaging components that are reused but exceed contaminant levels set forth in this section, provided that the product being conveyed by that package and the package and packaging itself are regulated under federal or State health or safety laws, or both; and provided that transportation of those packaged products is regulated under federal or State transportation provisions, or both; and provided that disposal of the package is performed according to federal and State radioactive or hazardous waste disposal requirements; and provided that an exemption under this subdivision shall expire on January 1, 2000.

(5) Packages and packaging components having a controlled distribution and reuse (referred to as “reusable entities”) that exceed the contaminant levels set forth in this section, provided that the manufacturers or distributors of those packages or packaging components must petition the Secretary for exemption and receive approval from the Secretary, working with the CONEG toxics in a packaging clearinghouse, according to standards established in this subdivision (5), set by the Secretary and based upon satisfactory demonstrations that the environmental benefit of the controlled distribution and reuse is significantly greater as compared to the same package manufactured in compliance with the contaminant levels set forth in this section; and provided that an exemption under this subdivision shall expire on January 1, 2000. A plan, to be proposed by the manufacturer seeking the exemption, or the manufacturer's designee, shall include each of the following elements:

(A) a means of identifying in a permanent and visible manner those reusable entities containing regulated metals for which an exemption is sought;

(B) a method of regulatory and financial accountability so that a specified percentage of reusable entities manufactured and distributed to other persons are not discarded by those persons after use, but are returned to the manufacturer or the manufacturer's designee;

(C) a system of inventory and record maintenance to account for the reusable entities placed in, and removed from, service;

(D) a means of transforming returned entities that are no longer reusable into recycled materials for manufacturing or into manufacturing wastes that are subject to existing federal or State laws, rules, or regulations governing those manufacturing wastes, to ensure that these wastes do not enter the commercial or municipal waste stream; and

(E) a system of annually reporting to the Secretary changes to the system and changes in designees.

(g) Once the Secretary has made the finding described in subsection (a) of this section, the Secretary may notify a manufacturer that there are grounds for suspecting that a package or packaging component produced by that manufacturer may not be in compliance with this section, and may request the manufacturer to certify that the package or component is in compliance. If the manufacturer certifies that the package or component is exempt, the specific basis for the exemption shall be stated. If the manufacturer does not certify that the product is in compliance or is exempt, the Secretary may order that the packages or components in question be withdrawn from sale or promotional use within the State. For purposes of this subsection, the term manufacturer shall include the importer of a product manufactured outside the United States. False or fraudulent statements by a manufacturer may subject the manufacturer to the penalties of 13 V.S.A. § 3016.

(h) The Secretary shall review the effectiveness of this section by the second January first that follows the determination made under subsection (a) of this section and shall provide a report based upon that review to the Governor, the House Committee on Environment, and the Senate Committee on Natural Resources and Energy. The report may contain recommendations to add other toxic substances contained in packaging to the list set forth in this section in order to further reduce the toxicity of packaging waste, and a description of the nature of the substitutes used in lieu of lead, mercury, cadmium, and hexavalent chromium. The Secretary shall, in consultation with the source reduction task force of the Coalition of Northeastern Governors (CONEG), review the extension of the recycling exemption as it is provided for in subdivision (f)(3) of this section. This review shall commence on or before January 1, 1997. A report based upon that review shall be provided to the Governor and General Assembly on or before January 1, 1999.
10 V.S.A. § 7182 — VT Code / Title 10 / Chapter 164B / Section 7182
§ 7182. Sale of covered household hazardous products; stewardship organization registration; manufacturer registration
Status: in_force

(a) Sale prohibited.

(1) A manufacturer of a covered household hazardous product shall not sell, offer for sale, or deliver to a retailer for subsequent sale a covered household hazardous product without registering with the stewardship organization pursuant to subsection (c) of this section.

(2) Beginning six months after a final decision on the adequacy of a collection plan by the Secretary, a manufacturer of a covered household hazardous product shall not sell, offer for sale, or deliver to a retailer for subsequent sale a covered household hazardous product unless all the following have been met:

(A) The manufacturer is participating in a stewardship organization implementing an approved collection plan.

(B) The name of the manufacturer, the manufacturer's brand, and the name of the covered household hazardous product are submitted to the Agency of Natural Resources by a stewardship organization and listed on the stewardship organization's website as covered by an approved collection plan.

(C) The stewardship organization in which the manufacturer participates has submitted an annual report consistent with the requirements of section 7185 of this title.

(D) The stewardship organization in which the manufacturer participates has conducted a plan audit consistent with the requirements of subsection 7185(b) of this title.

(b) Stewardship organization registration requirements.

(1) On or before July 1, 2025, a stewardship organization shall file a registration form with the Secretary. The Secretary shall provide the registration form to the stewardship organization. The registration form shall include:

(A) a description of how the stewardship organization meets the requirements of subsection 7184(b) of this title, including any reasonable requirements for participation in the stewardship organization; and

(B) the name, address, and contact information of a person for a nonmember manufacturer to contact regarding how to participate in the stewardship organization to satisfy the requirements of this chapter.

(2) Beginning on July 1, 2026 and annually thereafter, a stewardship organization shall renew its registration with the Secretary. A renewal registration shall include the following:

(A) a list of the manufacturers participating in the stewardship organization;

(B) a list of the brands of each manufacturer participating in the stewardship organization;

(C) a list of the covered household hazardous products of each manufacturer participating in the stewardship organization;

(D) the name, address, and contact information of a person responsible for ensuring compliance with this chapter;

(E) a description of how the stewardship organization meets the requirements of subsection 7184(b) of this title, including any reasonable requirements for participation in the stewardship organization; and

(F) the name, address, and contact information of a person for a nonmember manufacturer to contact regarding how to participate in the stewardship organization to satisfy the requirements of this chapter.

(c) Manufacturer registration. On or before November 1, 2025, a manufacturer of a covered household hazardous product shall register with the stewardship organization in a manner prescribed by the stewardship organization.
10 V.S.A. § 8002 — VT Code / Title 10 / Chapter 201 / Section 8002
§ 8002. Definitions
Status: repealed

As used in this chapter:

(1) “Board” means the Land Use Review Board defined by subdivision 6001(1) of this title.

(2) “Compliance” means compliance with the statutes specified in section 8003 of this title and with any related rules, permits, assurances, or orders.

(3) “Investigator” means an investigator designated and duly authorized by the Secretary or the Board.

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

(5) “Permit” means any permit, license, certification, or transitional operational authority issued under any of the statutes specified in section 8003 of this title.

(6) “Respondent” means a person who has committed or is alleged to have committed a violation.

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

(8) “Stop work order” means an order to cease construction or other activity.

(9) “Violation” means noncompliance with one or more of the statutes specified in section 8003 of this title or any related rules, permits, assurances, or orders.

(10) [Repealed.]

(11) “Economic benefit” means a reasonable approximation of any gain, advantage, wrongful profit, or delayed avoided cost, financial or otherwise, obtained as a result of a violation. Economic benefit shall not be limited to only competitive advantage obtained.

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

(13) “Civil citation” means an environmental citation issued by the Secretary or the Board for a violation of a statute listed under subsection 8003(a) of this title.

(14) “Federally authorized or delegated program” means an area of environmental regulation where the U.S. Environmental Protection Agency has authorized or delegated to Vermont primary regulatory responsibility, including the Clean Water Act, the Clean Air Act, and the Resource Conservation and Recovery Act.

(15) “Post” means:

(A) placing a draft administrative order, assurance of discontinuance, or civil citation or a final administrative order, assurance of discontinuance, or civil citation on the website of the Secretary if he or she initiates an enforcement action under this chapter or on the website of the Board if it initiates an enforcement action; and

(B) providing public notice about the opportunity to:

(i) submit written comments regarding a draft administrative order, assurance of discontinuance, or civil citation; or

(ii) request intervention in a final administrative order, assurance of discontinuance, or civil citation.

(16) “Agency issuing the order” means the Secretary when the Secretary has issued an administrative or emergency administrative order under this chapter and the Board when the Board has issued such an order.
10 V.S.A. § 584 — VT Code / Title 10 / Chapter 23 / Section 584
§ 584. Inefficient outdoor wood-fired boiler change-out program; retirement
Status: in_force

(a) At the earliest feasible date, the Secretary shall create and put into effect a change-out program within the Air Pollution Control Division of the Department of Environmental Conservation to purchase the retirement of inefficient, high emission outdoor wood-fired boilers (OWB) that will be replaced with OWBs or other heating appliances with substantially lower emissions and higher fuel efficiency.

(b) The Secretary shall fund this program using funds available to the State of Vermont for environmental mitigation projects under the consent decree approved on or about October 9, 2007, in the case of United States, et al. v. American Elec. Power Service Corp., et al., Civil Actions No. C2-99-1182, C2-99-1250, C2-04-1098, C2-05-360 (the AEP consent decree). The Secretary may add to this funding such additional monies as may be appropriated to the program authorized under this section or otherwise may be available by grant, contribution, or donation.

(c) The Secretary shall take all steps necessary to secure use of the funds from the AEP consent decree in the manner described in subsection (a) of this section.

(d)(1) To be eligible for the program under this section, an OWB shall be one that is not certified under the air pollution control regulations as meeting either the Phase I emission limit for particulate matter of 0.44 pounds per million British thermal units (BTUs) of heat input or the Phase II emission limit for particulate matter of 0.32 pounds per million BTUs of heat output.

(2) The Secretary may develop program eligibility criteria that are in addition to the criteria of subdivision (1) of this subsection. Such additional criteria may allow an OWB to be eligible for the program under this section even if the OWB does not meet the requirements of subdivision (1) of this subsection. In developing these additional criteria, the Secretary shall consult with affected persons and entities such as the American Lung Association.

(e) An eligible OWB that is accepted into the change-out program under this section shall be:

(1) replaced with an OWB that is certified under the air pollution control regulations as a Phase II OWB with a particulate matter emission rate of no more than 0.32 pounds per million BTUs of heat output or another heating appliance that the Secretary determines has an equivalent or more stringent emission rate; and

(2) retired within a specified period not to exceed six months after acceptance into the program.

(f) In implementing the program required by this section, the Secretary:

(1) Shall give priority to replacing eligible OWBs that have resulted in complaints regarding emissions, including particulate matter or smoke, that the Agency has determined are valid, and have the highest emission rates, cause nuisance, or are within 200 feet of a residence, school, or health care facility.

(2) May allow replacement of an eligible OWB that is less than the required setback distance from a residence, school, or health care facility that is neither served by the OWB nor owned by the owner or lessee of the OWB with an OWB or heating appliance that is also less than the required setback distance from a residence, school, or health care facility, unless such location of the replacement OWB or heating appliance will cause a nuisance or will not comply with all applicable local ordinances and bylaws. For the purposes of this subdivision (2), “required setback distance” means the setback distance applicable to the OWB that is required by the air pollution control regulations.

(3) May require that an eligible OWB be replaced with a heating appliance that is not an OWB if, based on the Secretary's consideration of area topography, air flows, site conditions, and other relevant factors, the Secretary determines that the replacement OWB would cause nuisance.

(4) To the extent practical, should provide over time for decreasing emission rates and increasing fuel efficiency requirements for replacement OWBs under this program as new technology for boilers becomes commercially available.

(g) Any OWB in the State that is not certified under the air pollution control regulations to meet the Phase I, Phase II, or a more stringent emission limit shall be retired on or before December 31, 2012, if the OWB is located within 200 feet of a residence, school, or health care facility that is neither served by the OWB nor owned by the owner or lessee of the OWB or has resulted or results in a complaint regarding emissions, including particulate matter or smoke, that the Agency has determined is valid.

(h) For the purpose of this section:

(1) “Outdoor wood-fired boiler” or “OWB” means a fuel-burning device designed to burn primarily wood that the manufacturer specifies should or may be installed outdoors or in structures not normally occupied by humans, such as attached or detached garages or sheds, and that heats spaces or water by the distribution through pipes of a fluid heated in the device, typically water or a mixture of water and antifreeze. In addition, this term also means any wood-fired boiler that is actually installed outdoors or in structures not normally occupied by humans, such as attached or detached garages or sheds, regardless of whether such use has been specified by the manufacturer.

(2) “Retire” means to remove an OWB permanently from service, disassemble it into its component parts, and either recycle those parts or dispose of them in accordance with applicable law.

(i) For the purpose of determinations under subdivisions (f)(1) (priority for change-out), (2) (installation of replacement OWB closer than the setback distance), and (3) (non-OWB replacement) of this section, “nuisance” means interference with the ordinary use or enjoyment of property caused by particulate matter, smoke, or other emissions of an OWB that a reasonable person would find disturbing, annoying, or physically uncomfortable. Precedence in time and balancing of harm shall be irrelevant to such determinations. This section shall not affect the burden or elements of proof with respect to a claim of nuisance caused by an OWB brought in a civil court under common law.

(j) The Secretary may adopt rules to implement this section.
10 V.S.A. § 4198 — VT Code / Title 10 / Chapter 103 / Section 4198
§ 4198. Police powers; training; State game wardens; deputy game wardens
Status: in_force

Upon obtaining from the Vermont Criminal Justice Council Level II or Level III law enforcement officer certification as established in 20 V.S.A. § 2358, State game wardens and deputy game wardens shall have the same law enforcement authority, duties, and powers as State Police, sheriffs, constables, and municipal police and shall have all immunities and defenses now or hereafter available to State Police, sheriffs, constables, and municipal police in a suit brought against them in consequence of acts done in the course of their employment. State game wardens and deputy game wardens shall receive their regular compensation during the time they are enrolled in the training program.
10 V.S.A. § 1677 — VT Code / Title 10 / Chapter 56 / Section 1677
§ 1677. Inspection and application for search warrants
Status: in_force

Any health officer or municipal board of health is authorized:

(1) to inspect public water sources, public water systems, or public water source protection areas, pursuant to 18 V.S.A. § 107; and

(2) to apply for search warrants pursuant to 18 V.S.A. § 121.
10 V.S.A. § 280n — VT Code / Title 10 / Chapter 12 / Section 280n
§ 280n. Program Fund; accounts
Status: in_force

(a) A State Infrastructure Bank Program Fund is created as a special fund subject to the provisions of 32 V.S.A. chapter 7, subchapter 5. The Fund shall be administered by the Authority for the purposes of the Program, in accordance with the provisions of this subchapter.

(b) The State Infrastructure Bank Program Fund shall receive funds from the following sources:

(1) any amounts required under section 350 of the NHS Act or any other federal law or program to be deposited in the highway account and such funds shall not be commingled with any other amounts on deposit in the Program;

(2) any amounts required under section 350 of the NHS Act or any other federal law or program to be deposited in the transit account and such funds shall not be commingled with any other amounts on deposit in the Program;

(3) any other State or federal funds appropriated for the Program by the General Assembly, any repayments of principal and interest of Program loans, any private monies related to the administration and operation of the Program;

(4) any grants received for the benefit of the Program.

(c) Notwithstanding 32 V.S.A. § 588(4)(A), monies may be disbursed from the Fund for Program purposes without an annual appropriation.

(d) The liabilities or obligations of the Authority with regard to its activities under the Program shall not extend beyond the funds that are deposited in the State Infrastructure Bank Program Fund, and shall not constitute a debt or pledge of the faith and credit of the State or any subdivision of the State.

(e) Any monies held in the Program shall be used solely as provided in this subchapter, subject to the applicable federal requirements.

(f) Expenditures from the Program shall be made for the following purposes:

(1) for the payment of the principal, including sinking fund payments of and premium, if any, and interest on bonds of the Authority in connection with the Program, as described in section 280o of this title, issued for the purpose of financing or refinancing any cost of a qualified project;

(2) for providing financial assistance to qualified borrowers to finance qualified projects;

(3) for the maintenance of, or provision for, any reserves, additional security, insurance, or other form of credit enhancement required or provided for in any trust agreement entered into pursuant to section 280q of this title to secure such bonds; and

(4) administration costs of the Program or for any of the foregoing.
10 V.S.A. § 6556 — VT Code / Title 10 / Chapter 158 / Section 6556
§ 6556. Terms of fragile areas registry
Status: in_force

(a) If the owner agrees to register a tract of land, and the Secretary so designates the tract a fragile area, the owner shall receive a certificate and stewardship guidelines to protect and manage the area.

(b) The agreement may be terminated by either party by written notice to the other. The owner, upon termination, shall surrender the certificate.

(c) The agreement shall be terminated when the owner of a registered fragile area sells, conveys, or otherwise transfers ownership or interest in the land containing the fragile area to another party, unless the new owner requests to remain on the register.

(d) The name, location, and other information relating to the fragile area will be kept confidential if the owner so desires.
10 V.S.A. § 1443 — VT Code / Title 10 / Chapter 49A / Section 1443
§ 1443. Individual permit requirements for impervious surface or cleared area in a protected shoreland area
Status: in_force

(a) Permit requirement. A person shall not create cleared area or impervious surface in a protected shoreland area without a permit from the Secretary issued under this section, except for activities authorized to occur without a permit under section 1446 of this title.

(b) Permit issuance. The Secretary shall issue a permit under this section if the proposed impervious surface or cleared area meets the requirements of section 1444 or 1445 of this title.

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

(d) Permit condition. A permit issued under this section may include permit conditions, including authorizing a permittee, no more frequently than two times per year, to clear vegetative cover within three feet of both sides of a footpath within the protected shoreland area in order to allow access to the mean water level for maintenance or repair of recreational structures or for other activity approved by the Secretary.

(e) Permit term. Individual permits issued under this section shall be for an indefinite term, provided that the permittee complies with the requirements of the permit and takes no additional action for which an individual permit is required.

(f) Recording. A permit or registration issued under this chapter shall, for the purposes of having the permit or registration run with the land, be recorded in the land records of the municipality in which the impervious surface or cleared area is located.

(g) Public recreational areas. Notwithstanding the requirements of sections 1444 and 1445 of this title, the Secretary shall issue a permit under this chapter for a public recreational area project if the permit applicant demonstrates and the Secretary finds that:

(1) the recreational activity provides access to the water for the general public and promotes the public trust uses of the water;

(2) the impervious surface or cleared area is necessary to achieve the recreational purpose of the project, and the project must be constructed within the protected shoreland area to achieve its recreational function; and

(3) the project conforms with best management practices approved by the Secretary that protect the habitat and water quality of the lake while achieving the public recreational purposes.
10 V.S.A. § 4751 — VT Code / Title 10 / Chapter 113 / Section 4751
§ 4751. Swimming deer
Status: in_force

A person shall not take a deer that is swimming in any lake, pond, river, or other body of water.
10 V.S.A. § 2506 — VT Code / Title 10 / Chapter 81 / Section 2506
§ 2506. Cooperation with U.S. Forest Service-Article VI
Status: in_force

The Commission may request the U.S. Forest Service to act as the primary research and coordinating agency of the Northeastern Forest Fire Protection Commission, in cooperation with the appropriate agencies in each state and the U.S. Forest Service may accept the initial responsibility in preparing and presenting to the Commission its recommendations with respect to the regional fire plan. Representatives of the U.S. Forest Service may attend meetings of the Commission and of groups of member states.
10 V.S.A. § 6646 — VT Code / Title 10 / Chapter 159 / Section 6646
§ 6646. Forbearance
Status: in_force

Provided that the applicant has been determined to be eligible for the Program and is working in good faith toward meeting the obligations required by this subchapter:

(1) the State may not bring an action against an applicant based on liability as an owner pursuant to subdivision 6615(a)(1) of this title; and

(2) with respect to prospective purchasers, no person may bring a claim for contribution pursuant to subsection 6615(i), provided:

(A) the prospective purchaser's liability is limited to liability as an owner pursuant to subdivision 6615(a)(1) of this title; and

(B) the Secretary has approved a corrective action plan for the site pursuant to section 6648 of this title.
10 V.S.A. § 2501 — VT Code / Title 10 / Chapter 81 / Section 2501
§ 2501. Purpose-Article I
Status: in_force

The purpose of this compact is to promote effective prevention and control of forest fires in the northeastern region of the United States and adjacent areas in Canada by the development of integrated forest fire plans, by the maintenance of adequate forest fire fighting services by the member states, by providing for mutual aid in fighting forest fires among the states of the region and for procedures that will facilitate such aid, and by the establishment of a central agency to coordinate the services of member states and perform such common services as member states may deem desirable.
10 V.S.A. § 2623 — VT Code / Title 10 / Chapter 83 / Section 2623
§ 2623. Reports, management plans, and licensing
Status: in_force

In order to implement the purpose and policies of this subchapter, the Commissioner may:

(1) Require the filing of an annual report by a mill operator covering timber products cut, lumber produced, and source of timber. Such report shall be in conformity with reports required by other agencies.

(2) Accept a management plan presented by a forest owner or operator as alternative to compliance with any rules issued under this subchapter. A plan, when approved by the Commissioner, shall be deemed to be in compliance with the regulations issued under this subchapter so long as the plan is complied with.

(3) Require the annual licensing and registration of portable sawmills, portable chip harvesters, and other similar portable forest product utilization systems. The operator receiving a license shall comply with all requirements stipulated for the operation of such equipment. Regulations relating to licensing requirements shall be adopted in accordance with 3 V.S.A. chapter 25.
10 V.S.A. § 578 — VT Code / Title 10 / Chapter 23 / Section 578
§ 578. Greenhouse gas reduction requirements
Status: in_force

(a) Greenhouse gas reduction requirements. Vermont shall reduce emissions of greenhouse gases from within the geographical boundaries of the State and those emissions outside the boundaries of the State that are caused by the use of energy in Vermont, as measured and inventoried pursuant to section 582 of this title, by:

(1) not less than 26 percent from 2005 greenhouse gas emissions by January 1, 2025 pursuant to the State's membership in the United States Climate Alliance and commitment to implement policies to achieve the objectives of the 2016 Paris Agreement;

(2) not less than 40 percent from 1990 greenhouse gas emissions by January 1, 2030 pursuant to the State's 2016 Comprehensive Energy Plan; and

(3) not less than 80 percent from 1990 greenhouse gas emissions by January 1, 2050 pursuant to the State's 2016 Comprehensive Energy Plan.

(b) Vermont climate collaborative. The Secretary will participate in the Vermont climate collaborative, a collaboration between State government and Vermont's higher education, business, agricultural, labor, and environmental communities. Wherever possible, members of the collaborative shall be included among the membership of the program development working groups established by the climate change oversight committee created under 2008 Acts and Resolves No. 209, Sec. 14. State entities shall cooperate with the climate change oversight committee in pursuing the priorities identified by the committee. The Secretary shall notify the general public that the collaborative is developing greenhouse gas reduction programs and shall provide meaningful opportunity for public comment on program development. Programs shall be developed in a manner that implements State energy policy, as specified in 30 V.S.A. § 202a.

(c) Implementation of State programs to reduce greenhouse gas emissions. In order to facilitate the State's compliance with the goals established in this section, all State agencies shall consider any increase or decrease in greenhouse gas emissions in their decision-making procedures with respect to the purchase and use of equipment and goods; the siting, construction, and maintenance of buildings; the assignment of personnel; and the planning, design, and operation of programs, services, and infrastructure.

(d) Advocacy for cap and trade program for greenhouse gases, including those caused by transportation, heating, cooling, and ventilation. In order to increase the likelihood of the State meeting the goals established under this section, the Public Utility Commission, the Secretary of Natural Resources, and the Commissioner of Public Service shall advocate before appropriate regional or national entities and working groups in favor of the establishment of a regional or national cap and trade program for greenhouse gas emissions, including those caused by transportation, heating, cooling, and ventilation. This may take the form of an expansion of the existing regional greenhouse gas initiative (RGGI), or it may entail the creation of an entirely new and separate regional or national cap and trade initiative that includes a 100 percent consumer allocation system.
10 V.S.A. § 486 — VT Code / Title 10 / Chapter 21 / Section 486
§ 486. Official directional signs
Status: in_force

(a) The Agency of Transportation, under the direction of the Travel Information Council, shall furnish, erect, and maintain official business directional signs licensed under this chapter at locations specified in the license. The Agency of Transportation may contract for the satisfaction of all or any portion of its duties under this subsection. That furnishing, erection, and maintenance are declared to be for highway purposes under Title 19 and any amendments thereto.

(b) The Agency of Transportation shall furnish, erect, and maintain certain official directional signs at interstate highway exits wherever the exit is five miles or less from the nearest State Police office or barracks. These exit signs shall bear the words “State Police,” with an indication of the distance to the State Police office or barracks.

(c) The Travel Information Council may enter into such contractual or other arrangements as it may consider appropriate under all the circumstances with any town or city of this State, providing for the erection and maintenance of official business directional signs and the fees charged therefor, within that town or city, which may be distinctive to that town or city, or providing for the administration of such official business directional signs, or for any other matter arising under this chapter which the Council considers appropriate to be administered by that town or city; provided, however, that any such arrangement or agreement, and all actions taken thereto, shall comply with this chapter and with the regulations adopted hereto.
10 V.S.A. § 4716 — VT Code / Title 10 / Chapter 113 / Section 4716
§ 4716. Coyote-hunting competitions; prohibition
Status: in_force

(a) As used in this section, “coyote-hunting competition” means a contest in which people compete in the capturing or taking of coyotes for a prize.

(b) A person shall not hold or conduct a coyote-hunting competition in the State.

(c) A person shall not participate in a coyote-hunting competition in the State.

(d) A person who violates this section shall be fined not more than $1,000.00 nor less than $400.00 for a first offense. Upon a second and all subsequent convictions or any conviction while under license suspension related to the requirements of part 4 of this title, a person who violates this section shall be fined not more than $4,000.00 nor less than $2,000.00.
10 V.S.A. § 6237 — VT Code / Title 10 / Chapter 153 / Section 6237
§ 6237. Evictions
Status: repealed

(a) A leaseholder may be evicted only for nonpayment of rent or for a substantial violation of the lease terms of the mobile home park, or if there is a change in use of the park land or parts thereof or a termination of the mobile home park, and only in accordance with the following procedure:

(1) A leaseholder shall not be evicted by force or any other self-help measure.

(2) Prior to the commencement of any eviction proceeding, the park owner shall notify the leaseholder by certified or registered mail, except as provided in subdivision (3) of this subsection:

(A) of the grounds for an eviction proceeding;

(B) that an eviction proceeding may be commenced if the leaseholder does not pay the overdue rent within 20 days from the date of the mailing of the notice.

(3) A substantial violation of the lease terms of the mobile home park or an additional nonpayment of rent occurring within six months of the giving of the notice referred to in subdivision (2) of this subsection may result in immediate eviction proceedings.

(4) A substantial violation of the lease terms, other than an uncured nonpayment of rent, will be insufficient to support a judgment of eviction unless the proceeding is commenced within 60 days of the last alleged violation. A substantial violation of the lease terms based upon criminal activity will be insufficient to support a judgment of eviction unless the proceeding is commenced no later than 60 days after arraignment.

(5) [Repealed.]

(b) A leaseholder shall not be evicted when there is proof that the lease terms the leaseholder has been accused of violating are not enforced with respect to the other leaseholders or others on the park premises.

(c) A sale or change in the form of ownership of the mobile home park shall not be grounds for eviction.

(d) This section shall apply only to evictions undertaken by the park owner. Evictions of a mobile home resident by a mobile home owner who is not the park owner shall be governed by 9 V.S.A. § 4467.

(e) A judgment order of eviction pursuant to this section shall provide that a leaseholder shall sell a mobile home or remove a mobile home from the mobile home park:

(1) within three months from the date of execution of a writ of possession pursuant to 12 V.S.A. chapter 169; or

(2) within another period ordered by the court in its discretion.

(f) A leaseholder evicted pursuant to this section shall continue to be responsible for lot rent that accrues until the mobile home is sold or removed from the mobile home park.

(g) A park owner shall serve notice of eviction proceedings pursuant to this section and 12 V.S.A. chapter 169 to the leaseholder and to any occupants known to the park owner residing in the mobile home.
10 V.S.A. § 1389b — VT Code / Title 10 / Chapter 47 / Section 1389b
§ 1389b. Clean Water Fund audit
Status: in_force

(a) On or before January 15, 2023, the Secretary of Administration shall submit to the House and Senate Committees on Appropriations, the Senate Committee on Finance, the House Committee on Ways and Means, the Senate Committee on Agriculture, the House Committee on Agriculture, Food Resiliency, and Forestry, the Senate Committee on Natural Resources and Energy, and the House Committee on Environment a program audit of the Clean Water Fund. The audit shall include:

(1) a summary of the expenditures from the Clean Water Fund, including the water quality projects and programs that received funding;

(2) an analysis and summary of the efficacy of the water quality projects and programs funded from the Clean Water Fund or implemented by the State;

(3) an evaluation of whether water quality projects and programs funded or implemented by the State are achieving the intended water quality benefits;

(4) an assessment of the capacity of the Agency of Agriculture, Food and Markets to effectively administer and enforce agricultural water quality requirements on farms in the State;

(5) an assessment of the capacity of the Department of Environmental Conservation to effectively administer and enforce agricultural water quality requirements on farms in the State; and

(6) a recommendation of whether the General Assembly should authorize the continuation of the Clean Water Fund and, if so, at what funding level.

(b) The audit required by this section shall be conducted by a qualified, independent environmental consultant or organization with knowledge of the federal Clean Water Act, State water quality requirements and programs, the Lake Champlain Total Maximum Daily Load plan, and the program elements of the State Clean Water Initiative.

(c) Notwithstanding provisions of section 1389 of this title to the contrary, the Secretary of Administration shall pay for the costs of the audit required under this section from the Clean Water Fund, established under section 1388 of this title.
10 V.S.A. § 1680 — VT Code / Title 10 / Chapter 56 / Section 1680
§ 1680. Appeals
Status: in_force

Appeals of any act or decision of the Department under this subchapter shall be made in accordance with chapter 220 of this title.
10 V.S.A. § 7704 — VT Code / Title 10 / Chapter 170 / Section 7704
§ 7704. Administrative record
Status: in_force

(a) The Secretary shall create an administrative record for each application for a permit and shall make the administrative record available to the public.

(b) The Secretary shall base a draft or final decision on each application for a permit on the administrative record.

(c) With respect to permits issued under the Clean Air Act and Clean Water Act, the Secretary shall comply with any requirements under those acts concerning the maintenance and availability of the administrative record.
10 V.S.A. § 6555 — VT Code / Title 10 / Chapter 158 / Section 6555
§ 6555. Cooperation of agencies
Status: in_force

State agencies shall:

(1) notify the Secretary before altering or transferring any publicly owned property that is listed in the register; and

(2) provide for the maintenance or protection of State-owned properties listed in the register.
10 V.S.A. § 653 — VT Code / Title 10 / Chapter 27 / Section 653
§ 653. Travel and Recreation Council; functions
Status: in_force

(a) The Council shall advise the Secretary of Commerce and Community Development, and the Secretary shall consult with the Council, on matters relating to State travel and recreation policy, State travel and recreation promotion programs, and other programs of the Department of Tourism and Marketing.

(b) In addition to any other functions the Council may perform, it shall:

(1) review and consult with the Secretary on the development of an annual marketing plan for travel and recreation. Such a plan shall be initially developed by the Agency in consultation with the Council. This plan shall then be submitted to the Council for its further review and comments, which shall be considered by the Agency before the Agency adopts a final plan;

(2) assist the Secretary in the Agency's preparation of a long-term comprehensive State travel and recreation plan. Before the Agency adopts a final plan, the plan shall be reviewed at a public hearing and shall be submitted to the Council for its further review and comments;

(3) assist the Secretary in selecting proposals for awarding funds under the matching grants promotional programs under subchapter 2 of this chapter and in reviewing proposals for cooperative and partnership travel promotion efforts.
10 V.S.A. § 280s — VT Code / Title 10 / Chapter 12 / Section 280s
§ 280s. Borrower obligations
Status: in_force

(a) Subject to the provisions of this subchapter, governmental obligations issued by a governmental unit shall conform to the requirements of subchapter 4 of this chapter.

(b) Notwithstanding any law to the contrary, if a governmental unit has authorized a loan in accordance with this subchapter and the issuance of governmental obligations under any bond act, the governmental unit may, subject to the loan agreement and the approval of the Board, issue notes to the Authority or any other person in anticipation of the receipt of the proceeds of the loan. The issue of such notes shall be governed by the provisions of this subchapter relating to the issue of governmental obligations other than notes, to the extent applicable, provided the maturity date of such notes shall not exceed three years from the date of issue of such notes or the expected date of completion of the project financed thereby, as determined by the Board, if later. Notes issued for less than the maximum maturity date may be renewed by the issue of other notes maturing no later than the maximum maturity date.

(c) A governmental unit may issue governmental obligations to refund or pay at maturity or earlier redemption any governmental obligations outstanding under any loan agreement or to refund or pay any other debt of the governmental unit issued to finance the qualified project to which such loan agreement pertains. Governmental obligations for refunding may be issued in sufficient amounts to pay or provide for the principal of the obligations refunded, any redemption premium thereon, any interest accrued and to accrue to the date of payment of such obligations, the costs of issuance of such refunding obligations and any reserves required by the applicable loan agreement. An issue of refunding governmental obligations, the amount and dates of maturity or maturities and other details thereof, the security thereof and the rights, duties, and obligations of the governmental unit with respect thereto shall be governed by the provisions of this subchapter relating to the issue of governmental obligations other than refunding obligations as the same may be applicable.

(d) Except as otherwise provided in this subchapter, the applicable bond act, or by agreement between the Board and a governmental unit, all governmental obligations shall be general obligations of the governmental unit issuing the same for which its full faith and credit are pledged and for the payment of which all taxable property in the governmental unit shall be subject to ad valorem taxation without limitation as to rate or amount except as otherwise provided by law.
10APPENDIX V.S.A. § 33 — VT Code / Title 10APPENDIX / Chapter 1 / Section 33
App. § 33. Moose 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 moose herd.

1.3 In accordance with 10 V.S.A. § 4082, the Vermont Fish and Wildlife Board may: establish open seasons; daily, season and possession limits for game; territorial limits; prescribe the manner and means of taking moose; establish territorial limits for the taking of moose; and establish restrictions on taking based upon sex, maturity and other physical distinctions.

1.4 In accordance with 10 V.S.A. § 4254(i)(1), this rule establishes a process to auction up to six (6) moose permits to be awarded to the highest bidders.

1.5 In accordance with 10 V.S.A. § 4254(i)(2), this rule establishes a separate drawing for eligible Vermont veterans through a special priority drawing through the permit lottery system.

2.0 Purpose

The purpose of this regulation is to establish two annual moose seasons, to establish the procedures to be used in applying for and issuing moose permits, and to establish the administrative framework for regulating the taking of moose.

3.0 Definitions.

3.1 “Antlered moose” means a moose which has at least one antler 6 inches or more in length measured from the tip of the main beam along the distal edge of the antler to the base of the antler burr at the skull.

3.2 “Antlerless” means those moose without antlers or antlers less than six inches in length.

3.3 “Applicant” means a person who has submitted a completed legal application to the lottery.

3.4 “Application” means the form provided by the Department that allows a person to be entered into the lottery.

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

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

3.7 “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.

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

3.9 “Either sex” means a moose of any sex.

3.10 “Guide” means a person authorized to accompany, direct, aid, assist, and/or instruct a Permittee during a moose hunt.

3.11 “Guide Permit” means a document, provided by the Department to the Permittee, to allow for a guide to assist in a moose hunt.

3.12 “Legal means” means the taking of a moose by muzzleloader, rifle, handgun, shotgun, a crossbow, or bow and arrow in conformance with this rule.

3.13 “Permit” means a document issued by the Department authorizing the taking of a moose.

3.14 “Permittee” means a person who has successfully acquired a legal permit through the lottery or auction as described in this rule.

3.15 “Subpermittee” means an individual designated by a Permittee, whose name has been provided to the Department in conformance with this rule, who may be permitted to take a moose.

3.16 “Wildlife Management Unit” (WMU) means a geographical area in Vermont established for managing wildlife through regulation and defined in 10 App. V.S.A § 2b.

4.0 Moose Seasons

There shall be three moose seasons annually.

4.1 Archery. (a) This season shall be open for seven consecutive days, beginning the first day of October.

(b) To take an animal during this season a person must possess a valid archery moose permit as prescribed in Section 8 of this rule.

4.2 Regular. (a) This season shall be open for six consecutive days beginning the third Saturday in October. Beginning on October 1, 2026, this season shall be open for nine consecutive days beginning the third Saturday in October.

(b) To take an animal during this season a person must possess a valid regular season moose permit as prescribed in Section 8 of this rule.

4.3 Special Opportunity(a) This season shall be open for seven consecutive days, beginning the first day of October.

(b) To take an animal during this season a person must possess a valid special opportunity moose permit as prescribed in Section 17 of this rule.

5.0 Possession Limit.

5.1 The bag limit for moose shall be one moose per moose hunting permit.

5.2 The possession limit for moose shall be one moose per moose hunting permit.

6.0 Permit Application Process6.1 Applications must be made on an official moose hunting application form provided by the Department.

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

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

6.4 The Department will consider no more than one complete application from any applicant per year for each of the two separate lotteries held. A lottery will be held for both the regular and archery seasons. Only one permit may be issued per person per calendar year.

6.5 Ten (10) percent of the moose hunting permits may be issued to non-resident hunters.

6.6 No person who has held a valid Vermont moose hunting permit in any of the previous five (5) years may apply for a moose hunting permit or a bonus point in the current calendar year.

7.0 Permit Selection Process.

7.1 All those who have submitted completed applications and who wish to be entered into the lottery will be entered into the lottery. The Department will hold, or cause to be held, a transparent, random drawing to include all persons who have submitted a complete application.

7.2 Selected regular season applicants will receive a permit for their WMU of preference until the permit quota for their preferred WMU is filled at which time a permit will be awarded for their second choice WMU, and so on.

7.3 Selected regular season applicants will be notified by mail, and will receive a permit form to complete. Successful applicants have 15 calendar days to return the completed forms with the appropriate fee, and their Subpermittee's name, if any.

7.4 Selected archery season applicants will be notified by mail, and will receive a permit form to complete. Successful applicants have 15 calendar days to return the completed forms with the appropriate fee and indicate the name of their Subpermittee, if any.

8.0 Moose Hunting Permits8.1 An applicant who is chosen by lottery, or is a successful auction bidder may purchase a moose hunting permit from the Department.

8.2 At the time of issuance, all moose hunting permit recipients and designated Subpermittees must hold a valid Vermont big game hunting license.

8.3 At the time of issuance, archery season permit recipients and designated Subpermittees must show proof of having held an archery deer license and/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.

8.4 Moose hunting permits are valid only within the WMU or WMUs designated on the permit, for the specified season, and for the type (either sex, antlered, or antlerless) specified on the permit.

9.0 Deferments9.1 The Commissioner may grant a one time, one-year deferment to successful applicants for reasons of personal or family illness, temporary disability, or military deployment.

9.2 Requests for deferment shall be made on the Department-issued form to the Commissioner and received no later than the first day of the moose season for which a permit has been issued. Requests shall contain information required by the Commissioner to substantiate the request.

9.3 Deferred permits shall be issued for the same WMU and permit type (either sex, antlered, antlerless, archery or regular) as the originally issued permit.

10.0 Subpermittees10.1 A person holding a valid moose hunting permit may designate one (1) Subpermittee who shall be permitted to hunt moose pursuant to the permit.

10.2 The Subpermittee must always be accompanied by the permit holder. For these purposes, “accompanied,” means being able to communicate without the aid of artificial devices except medically-prescribed eyeglasses or hearing aids.

10.3 Once the applicant has provided the name of their selected Subpermittee to the Department, no change to this selection will be allowed except for personal or family illness, temporary physical disability, or military deployment.

10.4 Any request for change of Subpermittee must be made in writing to the Commissioner and received no later than three (3) days prior to the start of the moose season for which a permit has been issued.

10.5 Subpermittee Ineligibility(a) No person who has held a Vermont moose hunting permit in any of the previous five (5) years may be designated as a Subpermittee in the current calendar year.

(b) No person who holds a valid moose hunting permit in one year may be designated as a Subpermittee in the same year.

(c) No person may be named as a Subpermittee on more than one permit during the same year.

11.0 Guides and Guide Permits.

11.1 The Guide shall be allowed to direct, aid, assist and instruct the Permittee and Subpermittee during the hunt.

11.2 A Guide may not carry any other firearm, muzzleloader, or archery equipment.

11.3 Each Permittee shall be issued a Guide Permit by the Department. The Guide Permit must be carried by the guide at all times while accompanying the Permittee while hunting moose.

11.4 A person serving as a Guide must hold a current valid Vermont big game hunting license.

11.5 A Guide Permit may be carried by different persons at any time during the moose hunt, but only one person at a time may serve as a Guide for each moose hunting party.

11. 6 A person may simultaneously serve as a Guide for more than one moose Permittee but must be carrying the proper Guide Permit for each guided party.

12.0 Control Measures12.1 In addition to all relevant laws and regulations pertaining to the hunting and taking of big game in Vermont, the following additional restrictions apply:

(a) No persons other than the Permittee, Subpermittee and Guide shall participate in a hunt to take moose.

(b) Portable radio transceivers, GPS, and/or cell phones shall not be used to communicate during the hunting or taking of moose. Such devices may be used, however, after the moose is legally tagged.

(c) No electronic devices such as radio telemetry equipment shall be used to take moose.

(d) No electronic devices may be used to attract moose.

(e) No person shall shoot or attempt to shoot a moose when the moose is within 100 yards of any town, state, or federal highway as defined in 10 V.S.A. § 4705(f).

(f) Pursuant to 10 V.S.A. App. § 12, notwithstanding 10 V.S.A. App. § 12, Section 1(g), a person may employ the licensed handler of an authorized leashed tracking dog to track a moose wounded while lawfully hunting under this rule.

12.2 Means of take, Regular Season and Special Opportunity Season: Moose may be taken only with the following implements and restrictions:

(a) Centerfire rifles or handguns not less than .25 caliber.

(b) A muzzleloading firearm of not less than .45 caliber, with a minimum barrel length of 20 inches and designed to be fired from the shoulder, or a muzzleloading handgun of not less than .45 caliber and with a minimum barrel length of 10 inches.

(c) Bows of not less than 50 pound draw weight, based on the archer's normal draw length for traditional bows, and using arrowheads with a minimum of 7/8 of an inch in width with two or more cutting edges. A person taking moose may use a crossbow as a means of take during any season that permits the use of a bow and arrow-only; and the crossbow is used in accordance with this subsection.

(d) Shotguns not less than 20 gauge and utilizing slugs only.

12.3 Means of take, Archery Season: Moose may be taken only with the following implements and restrictions:

(a) Bows of not less than 50 pound draw weight, based on the archer's normal draw length for traditional bows, and using arrowheads with a minimum of 7/8 of an inch in width with no fewer than two or more cutting edges.

(b) Crossbow bolts shall have arrowheads with a minimum of 7/8 of an inch in width with two or more cutting edges.

(c) No person may possess a firearm or muzzleloader while hunting moose during the archery season, except for a handgun in accordance with 10 V.S.A. § 4252(b). No person taking moose may do so by means of firearms or muzzleloader in the archery season.

13.0 Tagging and Reporting13.1 The transporting of moose shall be in accordance with current regulations and statutes pertaining to big game.

13.2 Once a moose is legally tagged, pursuant to 10 V.S.A. Appendix § 2a., there is no limit to the number of persons that can assist with the field dressing and removal of the moose from the kill site.

13.3 Moose taken under this rule must be reported, pursuant to 10 V.S.A. Appendix § 2, by exhibiting the eviscerated carcass, or parts thereof, to a Department official at a Department-authorized moose check station during its scheduled days and hours of operation within 48 hours of tagging.

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

13.5 The permittee shall bring the following to the biological check station:

(a) The lower jaw, including incisors, one of which shall be taken for aging purposes;

(b) The intact antler rack on an antlered moose;

(c) The portion of the skull on a male antlerless moose where antlers would be attached;

(d) The female reproductive tract including both of the ovaries; and

(e) The udder;

13.6 No moose shall be transported out of the State without first being reported as required herein.

13.7 The Permittee and/or Subpermittee must identify the exact kill site on a Department map, and if requested, shall be required to take Department personnel to the kill site and/or the site of carcass evisceration for purposes such as, but not limited to, verification of the cause of death and site of kill, or to obtain ovaries or other biological samples left behind.

14.0 Permit Allocation14.1 The number and type (either sex, antlered, or antlerless) of permits to hunt and take moose during both the regular and archery seasons will be set by the Board.

15.0 Special Priority for Eligible Vermont Veterans.

15.1 Pursuant to 10 V.S.A. § 4254(i), eligible Vermont veterans will receive special priority drawing in the regular moose season lottery drawing.

15.2 If the Board establishes a moose hunting season, the Commissioner shall set aside not more than 10 percent of the total number of annual moose permits authorized by the Board for Vermont residents who have served on active duty in any branch of the U.S. Armed Forces provided that they have not received a dishonorable discharge. The total number of annual moose permits set aside for Vermont veterans shall not exceed six.

15.3 Vermont residents who qualify for the special priority drawing must submit a complete application approved by the Department. A person applying for the special priority drawing permits must have marked the appropriate box on the application indicating that they comply with the provisions of this section.

15.4 Vermont residents who qualify for the special priority drawing and who are not drawn for a moose permit in that special priority drawing shall be entered into the subsequent regular drawing.

15.5 Vermont residents who qualify for the special priority drawing and who do not receive a moose permit shall be awarded preference points for the subsequent special priority drawing.

16.0 Moose Permit Auction16.1 Pursuant to 10 V.S.A. § 4254(i), if the Board establishes a moose hunting season, not more than 10 percent of the total number of annual moose permits authorized by the Board shall be set aside to be auctioned. The total number of annual moose permits set aside to be auctioned shall not exceed six. The moose permits, if any, set aside for auction shall be included in the total number of annual moose permits authorized by the Board.

16.2 Complete bids must be received by the Department's central office prior to the deadline established by the Department.

16.3 Permits will be awarded to individuals that submit the highest bids. Individuals submitting the next highest bids will be eligible, in order of declining bid value, to receive a permit if higher-ranked bidders do not submit payment within 15 calendar days following notification.

16.4 An individual may submit more than one bid; however he/she may only receive one moose permit. If an individual submits multiple bids, only the highest value bid will be included in the auction as an official bid.

16.5 Once notified of winning a moose permit, successful bidders have 15 calendar days to submit their bid payment, and to indicate: the season they will hunt in, the Wildlife Management Unit they will hunt in; and their Subpermittee, if any.

16.6 If an individual receives a moose permit from the regular moose lottery or archery moose lottery, and is also a successful auction bidder, the person may choose either permit. Should a person choose the regular moose lottery permit or the archery moose lottery permit, the bid amount will be refunded and the next highest unsuccessful bidder will be offered the auction permit.

16.7 Individuals who have held a valid moose permit acquired by the regular or archery moose lottery or auction are ineligible from participating in the moose permit auction for five years.

17.0 Special Opportunity Moose Permits17.1 Pursuant to 10 V.S.A. § 4255(j), if the Board determines that a moose season will be held in accordance with the rules adopted under sections 4082 and 4084 of this title, the Commissioner annually may issue three no-cost moose licenses to persons who have a life-threatening disease or illness and who is sponsored by a qualified charitable organization, provided that at least one of the no-cost annual moose licenses awarded each year shall be awarded to a child or young adult 21 years of age or under who has a life-threatening illness.

17.2 Special Opportunity permit holders may choose to hunt during the Regular season or the Special Opportunity Season.
10 V.S.A. § 4197 — VT Code / Title 10 / Chapter 103 / Section 4197
§ 4197. Records and reports
Status: in_force

A game warden shall keep a record of his or her official acts in the manner and form prescribed by the Commissioner. He or she shall submit such record and such reports to the Commissioner as he or she may require.
10 V.S.A. § 698 — VT Code / Title 10 / Chapter 29 / Section 698
§ 698. Infrastructure improvement program
Status: in_force

(a) A municipality that is within a designated job development zone shall be eligible to receive a payment each year from the Agency of Commerce and Community Development to reimburse annual interest costs on indebtedness for economic development related infrastructure projects approved after July 1, 1986. Annual reimbursement payments shall be limited to $1,000,000 of indebtedness in a designated job development zone. The Agency shall require the municipality to submit an amortization schedule and proof of payment of its annual interest payment on bonds. The Agency shall not reimburse a municipality for infrastructure projects unless requests for payment are received within three months after the end of the fiscal year.

(b) Economic development related infrastructure projects shall include water supply, pollution abatement, and highway facilities and such other municipal facilities as may be established by rule under section 695 of this chapter.