10 V.S.A. § 7553 — VT Code / Title 10 / Chapter 166 / Section 7553
§ 7553. Sale of covered electronic devices; manufacturer registration
Status: in_force

(a) Sale prohibited. Beginning July 1, 2010, no manufacturer shall sell or offer for sale or deliver to a retailer for subsequent sale a covered electronic device unless:

(1) the manufacturer has filed the registration required by this section;

(2)(A) beginning July 1, 2010 and annually thereafter, the manufacturer has paid the fee required by subsection (g) of this section; and

(B) beginning July 1, 2011 and annually thereafter, if the manufacturer is covered under the Standard Plan, the manufacturer has paid the fee required by subsection (h) of this section; and

(3) the covered electronic device is labeled with the manufacturer's brand or registered trademark, and the label or trademark is permanently affixed and readily visible.

(b) Manufacturer registration requirements.

(1) The manufacturer shall file a registration form with the Secretary. The Secretary shall provide the registration form to a manufacturer. The registration form shall include:

(A) A list of the manufacturer's brands of covered electronic devices offered for sale by the manufacturer in this State.

(B) The name, address, and contact information of a person responsible for ensuring the manufacturer's compliance with this chapter.

(C) Beginning July 1, 2011 and annually thereafter, a certification that the manufacturer is seeking coverage under the Standard Plan set forth under subsection (a) of this section or, under a plan approved under section 7554 of this title, is opting out of the Standard Plan.

(D) An estimate of the aggregate total weight of the manufacturer's covered electronic devices sold during the previous program year based on national sales data. A manufacturer shall submit with the report required under this subsection a description of how the estimate was calculated. The data submitted under this subdivision (1)(D) shall be considered a trade secret for the purposes of 1 V.S.A. § 317(c)(9).

(2) A renewal of a registration without changes may be accomplished through notifying the Agency of Natural Resources on a form provided by the Agency.

(c) Registration prior to sale. A manufacturer who begins to sell or offer for sale covered electronic devices and has not filed a registration under this section or section 7554 of this title shall submit a registration to the Agency of Natural Resources within 10 days of beginning to sell or offer for sale covered electronic devices.

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

(e) Effective date of registration. A registration is effective upon receipt by the Agency of Natural Resources of a complete registration form and payment of fees required by this section. Registration under this chapter shall be renewed annually.

(f) Agency review of registration application. The Agency of Natural Resources shall notify the manufacturer of any required information that is omitted from the registration. Upon receipt of a notification from the Agency, the manufacturer shall submit a revised registration providing the information noted by the Agency.

(g) Registration fee.

(1) Each manufacturer of a covered electronic device registered under this section shall pay to the Secretary a fee:

(A) For the program year beginning July 1, 2010, for manufacturers who sell in Vermont no more than 100 covered electronic devices, the fee shall be $1,250.00, and for all other manufacturers, the fee shall be $5,000.00.

(B) For the program year beginning July 1, 2011 and annually thereafter, the fee shall be determined by multiplying the manufacturer's market share by the cost to the Agency of administering the electronic waste collection program under this chapter.

(2) The fees collected under this subsection shall be deposited into the Electronic Waste Collection and Recycling Account of the Waste Management Assistance Fund.

(h) Implementation fee.

(1) Beginning July 1, 2011, each manufacturer that seeks coverage under the Standard Plan shall pay to the Secretary an implementation fee that shall be assessed on a quarterly basis and that shall be determined by multiplying the manufacturer's market share by the prior quarter's cost of implementing the electronic waste collection and recycling program adopted under the Standard Plan. For purposes of this section, the Electronic Waste and Recycling Program includes collection, transportation, recycling, and the reasonable cost of contract administration.

(2) The fee collected under this subsection shall be deposited into the Electronic Waste Collection and Recycling Account of the Waste Management Assistance Fund.

(3) At the end of each program year, the Secretary shall review the total costs of collection and recycling for the program year and shall reapportion the implementation fee assessed under this subsection to accurately reflect the actual cost of the Program and the manufacturer's market share of covered electronic devices sold in the State during the program year.

(i) Exemption. A manufacturer who sells fewer than 20 covered electronic devices in Vermont in a program year is exempt from the requirements of this section.
10 V.S.A. § 4826 — VT Code / Title 10 / Chapter 113 / Section 4826
§ 4826. Taking deer damaging crops
Status: in_force

(a) A person, including an authorized member of the person's family, an authorized regular on-premises employee, or an agent who holds a Vermont hunting license and who is designated by the person, may take, on land owned or occupied by the person, up to four deer per year that the person can prove were doing damage to the following:

(1) a tree that is being grown in a plantation or being cultivated for the purpose of harvesting an annual or perennial crop or producing any marketable item; or

(2) a crop-bearing plant; or

(3) a crop, except grass.

(b) A person by whom, or under whose direction, a deer is wounded or killed, shall report in writing signed by him or her within 12 hours all the facts relative to the act to a game warden. The report shall state the time and place of the wounding or killing.

(c) A person who kills a deer shall immediately properly dress the carcass and care for the meat.

(d) The game warden shall immediately investigate the case and if satisfied that the deer was taken as provided in this section, shall give the person a certificate of the finding in the matter. The certificate shall entitle the person to the ownership of the carcass, but the person shall not sell or give away the same. However, the head and the antlers, if any, shall be turned over to a warden. In addition, any carcass not needed for home consumption in the household of the certificate-holder shall be turned over to a game warden.

(e) When a game warden finds that a deer has been wounded or killed contrary to the provisions of this section, he or she shall dispose of the deer under the direction of the Commissioner, and any monies received therefor shall be paid to the Commissioner.

(f)(1) “Person” includes all people who jointly own or lease the land.

(2) “Post” means any signage that would lead a reasonable person to believe that hunting is prohibited on the land, except for signs erected pursuant to section 4710 of this title.

(g) The Commissioner may issue a permit to a person to take more than four deer under this section if:

(1) the land owned by the person is not posted against hunting;

(2) the person can prove that the property is sustaining additional and ongoing damage; and

(3) the person has taken reasonable measures to prevent the deer from continuing to damage the crop.

(h) The Commissioner is authorized to issue an order requiring any person to remove food or bait which has the effect of luring deer into the vicinity of the property sustaining damage. In this subsection, food does not include a crop or crop-bearing plant.
10 V.S.A. § 4271 — VT Code / Title 10 / Chapter 105 / Section 4271
§ 4271. Fur buyer's license year; expiration of license
Status: in_force

Such licenses shall be effective from July 1 to June 30 inclusive. A person while engaged in the business of buying furs and skins shall have upon his or her person a license as provided in section 4268 of this title and on demand of a game warden or other officer authorized by law to make arrests shall exhibit such license.
10 V.S.A. § 6604a — VT Code / Title 10 / Chapter 159 / Section 6604a
§ 6604a. Contaminated soils
Status: in_force

(a) The Secretary of the Agency of Natural Resources, in consultation with the Commissioner of the Department of Health and the Secretary of the Agency of Agriculture, Food and Markets, shall develop a plan for the receipt, treatment, and disposal, at one or more sites owned by the State, of soils contaminated within the State by petroleum products or other contaminants that require a comparable treatment technology, as may be determined by the Secretary. The plan shall be submitted to the General Assembly on or before January 15, 1989. In developing the plan, the Secretary shall:

(1) estimate the volumes of such contaminated soils expected to require disposal;

(2) define the characteristics of the wastes to be received;

(3) recommend the treatment process or processes to be used;

(4) establish the health and environmental standards to be applied to the operation;

(5) describe the monitoring and recording requirements for the operation;

(6) recommend ways to assure public access to the results of monitoring and to all records of the operation;

(7) define the characteristics of sites suitable for this purpose and identify one or more sites in public or private ownership that appear to meet the criteria;

(8) project the environmental and economic advantage to the State as well as to affected private parties in providing this treatment and disposal capability;

(9) analyze the feasibility and advisability of using lands currently owned by the State, compared to acquiring new lands;

(10) estimate the costs of developing and operating a site for this purpose;

(11) compare the advantages and disadvantages of State or private operation;

(12) consider the advisability of amending chapter 151 of this title to require that any site developed for the purposes of this section be subject to review under that chapter;

(13) propose fees to be charged for this service to offset all or a part of the costs to the State, including the costs of appropriate financial assurances;

(14) provide other relevant information to carry out the purpose of this section; and

(15) evaluate the feasibility of using certain contaminated soils in the manufacture of asphalt or other road construction material.

(b) The Secretary is authorized, for three years commencing on May 14, 1986, to permit a limited number of small on-site treatment and disposal operations for petroleum fuels, commensurate with the intent of this section, when in the Secretary's opinion the public health and safety will not be adversely affected. All pertinent information gathered regarding permits granted and the surveillance, monitoring, and operation of these test sites shall be public information. On-site treatment and disposal operations together with necessary associated transportation of contaminated soils are not required to comply with sections 6606 and 6607 of this chapter.
10 V.S.A. § 6201 — VT Code / Title 10 / Chapter 153 / Section 6201
§ 6201. Definitions
Status: repealed

As used in this chapter:

(1) “Mobile home” means:

(A) a structure or type of manufactured home, including the plumbing, heating, air-conditioning, and electrical systems contained in the structure, that is:

(i) built on a permanent chassis;

(ii) designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities;

(iii) transportable in one or more sections; and

(iv)(I) at least eight feet wide, 40 feet long, or when erected has at least 320 square feet; or

(II) if the structure was constructed prior to June 15, 1976, at least eight feet wide or 32 feet long; or

(B) any structure that meets all the requirements of this subdivision (1) except the size requirements, and for which the manufacturer voluntarily files a certification required by the U.S. Department of Housing and Urban Development and complies with the construction and safety standards established under Title 42 of the U.S. Code.

(C) [Repealed.]

(2) “Mobile home park” means any parcel of land under single or common ownership or control that contains, or is designed, laid out, or adapted to accommodate, more than two mobile homes. “Mobile home park” does not mean premises used solely for storage or display of mobile homes. Mobile home park does not mean any parcel of land under the ownership of an agricultural employer who may provide up to four mobile homes used by full-time workers or employees of the agricultural employer as a benefit or condition of employment or any parcel of land used solely on a seasonal basis for vacation or recreational mobile homes.

(3) “Public highway” means a public highway as defined in 19 V.S.A. § 1 except within the perimeter of a mobile home park.

(4) [Repealed.]

(5) “Leaseholder” means a resident lawfully occupying a mobile home owned by the park owner or the owner of a mobile home sited on a mobile home lot in a mobile home park regardless of whether the leaseholder has actual possession of a written lease.

(6) “Mobile home park resident” or “resident” means an individual, individuals, or family who occupies a mobile home on a permanent or temporary basis in a mobile home park as that term is defined in subdivision (2) of this section.

(7) “Mobile home park owner” or “park owner” means the owners, operators, officers, or managing agents of a mobile home park as well as any person acting through any corporate or other device who has the practical authority to establish rules, policies, or other requirements for the operation of the mobile home park. The term shall not include a stockholder for a corporation owning stock in a mobile home park unless such stockholder has a controlling interest in the corporation and has the practical authority to establish rules, policies, or other requirements for the operation of the mobile home park.

(8) “Department” means the Department of Housing and Community Development.

(9) “Good faith” means honesty in fact and the observance of reasonable standards and fair dealing, such that each party shall respond promptly and fairly to offers from the other party.

(10) “Lot rent” means a charge assessed on a mobile home park resident for the occupancy of a mobile home lot, but does not include charges permitted under section 6238 of this title.

(11) “Commissioner” means the Commissioner of Housing and Community Development.

(12) “Single or common ownership or control” means ownership or control by any person or persons and includes affiliations of individuals or entities, or both, that are formed in order to derive profit, consideration, or any other beneficial interest. The following individuals and entities shall be presumed not to be affiliated for beneficial interest unless there is substantial evidence of an intent to evade the purposes of this chapter:

(A) A stockholder in a corporation, if the stockholder and the stockholder's spouse, parents, children, and siblings own, control, or have a beneficial interest in less than five percent of the outstanding shares in the corporation.

(B) An individual in the capacity as an agent and within the normal scope of the individual's duties as a court appointed guardian, attorney, real estate broker or salesperson, engineer, or land surveyor, unless compensation received or beneficial interest obtained as a result of these duties indicates more than an agency relationship.

(C) A seller or chartered lending institution that only provides financing for all or a part of the purchase price at rates not substantially higher than prevailing lending rates in the community and subsequently grants a partial release of the security when the buyer establishes or maintains a mobile home park.

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

(14) “Flood insurance rate map” means, for any mobile home park, the official flood insurance rate map describing that park published by the Federal Emergency Management Agency on its website.
10 V.S.A. § 2609 — VT Code / Title 10 / Chapter 83 / Section 2609
§ 2609. Forest Parks Revolving Fund
Status: in_force

There is hereby established in the State Treasury a fund to be known as the State Forest Parks Revolving Fund, to be administered by the Commissioner of Forests, Parks and Recreation from which payments may be made for the planning, design, development, operation, and maintenance of State parks.

There shall be deposited in said fund all monies that are received from State parks and forest recreational areas including those received from fees, leases, licenses, concessions, rentals, or sales, together with such sums as may be appropriated to said Fund by the Legislature. All balances in such Fund at the end of any fiscal year shall be carried forward and remain a part of such Fund.
10 V.S.A. § 6617 — VT Code / Title 10 / Chapter 159 / Section 6617
§ 6617. Person responsible for release; notice to Agency
Status: in_force

Any person who has knowledge of a release or a suspected release and who may be subject to liability for a release, as detailed in section 6615 of this chapter, shall immediately notify the Agency. In addition, any eligible person or successor under section 6615a of this title or any secured lender or fiduciary who has knowledge of a release or a suspected release shall immediately notify the Agency. Failure to notify shall make those persons liable to the penalty provisions of section 6612 of this title.
10 V.S.A. § 552 — VT Code / Title 10 / Chapter 23 / Section 552
§ 552. Definitions
Status: repealed

As used in this chapter:

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

(2) “Air contaminant” means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, or any combination thereof.

(3) “Air pollution” means the presence in the outdoor atmosphere of one or more air contaminants in such quantities, and duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property. Such effects may result from direct exposure to air contaminants, from deposition of air contaminants to other environmental media, or from alterations caused by air contaminants to the physical or chemical properties of the atmosphere.

(4) [Repealed.]

(5) “Emission” means a release into the outdoor atmosphere of air contaminants.

(6) “Person” shall mean an individual, partnership, corporation, association, unincorporated organization, trust, or any other legal or commercial entity, including a joint venture or affiliated ownership. The word “person” also means any subdivision, agency, or instrumentality of this State, of any other state, of the United States, or of any interstate body.

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

(8) “Ozone-depleting chemical” means manufactured substances that are known or reasonably may be anticipated to cause or contribute to depletion of ozone in the earth's stratosphere.

(A) Primary ozone-depleting chemicals include:

(i) chlorofluorocarbon-11.

(ii) chlorofluorocarbon-12.

(iii) chlorofluorocarbon-113.

(iv) chlorofluorocarbon-114.

(v) chlorofluorocarbon-115.

(vi) halon-1211.

(vii) halon-1301.

(viii) halon-2402.

(ix) carbon tetrachloride.

(x) methyl chloroform.

(B) Other ozone-depleting chemicals include:

(i) hydrochlorofluorocarbon-22.

(ii) hydrochlorofluorocarbon-123.

(iii) hydrochlorofluorocarbon-124.

(iv) hydrochlorofluorocarbon-141(b).

(v) hydrochlorofluorocarbon-142(b).

(C) The Secretary may list, by rule, other manufactured substances that are known or reasonably may be anticipated to cause or contribute to depletion of stratospheric ozone.

(9) “Reasonably available control technology” means devices, systems, process modifications, or other apparatus or techniques designed to prevent or control emissions that are reasonably available, taking into account the social, environmental, and economic impact of such controls, and alternative means of emission control.

(10) “Schedule of compliance” means a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to timely compliance with applicable requirements related to the control of air contaminant emissions or the prevention or control of air pollution.

(11) “Greenhouse gas” means any chemical or physical substance that is emitted into the air and that the Secretary may reasonably anticipate to cause or contribute to climate change, including carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
10 V.S.A. § 4607 — VT Code / Title 10 / Chapter 111 / Section 4607
§ 4607. Obstructing streams
Status: in_force

(a) A person shall not unless authorized by the Commissioner prevent the passing of fish in a stream or the outlet or inlet of a natural or artificial pond on a public stream, by means of a rack, screen, weir, or other obstruction, and shall comply with the terms of the notice provided in subsection (b) of this section.

(b) The Commissioner may order such an obstruction removed by the person erecting the same or by the owner of the land on which it is located, by serving on such person or owner a written notice requiring the removal of such obstruction within 10 days after service thereof. When such person fails to remove any such obstruction within the time required in such notice, the Commissioner may remove the same and recover the expense thereof in a civil action on this section.
10 V.S.A. § 4615 — VT Code / Title 10 / Chapter 111 / Section 4615
§ 4615. Lead sinkers; sales prohibited
Status: in_force

It is unlawful to sell or offer for sale a lead sinker in the State of Vermont. In this section, “sinker” means any device which weighs one-half ounce or less and is attached to a fishing line for the purpose of sinking the line, and does not include other lead fishing-related items such as weighted fly line, lead-core fishing line, downrigger cannon balls, weighted flies, lures, spoons, or jig heads.
10 V.S.A. § 1276 — VT Code / Title 10 / Chapter 47 / Section 1276
§ 1276. Construction
Status: in_force

Nothing contained in this subchapter shall be construed to prohibit or require a permit for the proper use of waters for customary sport and recreational purposes such as fishing, swimming, and boating if the classification of the water permits that usage. In the event of an irreconcilable conflict between the provisions of this subchapter and 3 V.S.A. chapter 25, the provisions of this subchapter shall prevail. Nothing in this subchapter shall be construed to affect, impair, or abridge the right of riparian or littoral owners or others to sue for damages or injunctions or exercise any other common law or statutory remedy to abate and recover damages for water pollution. If a permit holder is required to pay such damages by judgment or order of a court, the amount of damages shall be a credit against any pollution charges due under this subchapter. Any permit granted under this subchapter shall not be construed as a vested right and shall be subject to continuing regulations and control by the State.
10 V.S.A. § 491 — VT Code / Title 10 / Chapter 21 / Section 491
§ 491. Number of signs
Status: in_force

Notwithstanding the provisions of section 499 of this title, the Council shall not issue more than four licenses for official business directional signs for any one place of business eligible therefor under section 490 of this title, not more than one of which is visible to traffic moving in any one direction on any one highway leading to the place, unless the Travel Information Council finds that enforcement of this subsection will be unreasonable and will result in unnecessary hardship to the applicant.
10 V.S.A. § 1392 — VT Code / Title 10 / Chapter 48 / Section 1392
§ 1392. Duties; powers of Secretary
Status: repealed

(a) The Secretary shall develop a comprehensive groundwater management program to protect the quality of groundwater resources by:

(1) developing a strategy for the management and protection of the State's groundwater resources;

(2) continuing studies and investigations of groundwater in the State;

(3) cooperating with other government agencies in collecting and compiling data on the quantity and quality of groundwater and location of aquifers;

(4) identifying and mapping groundwater currently used as public water supply sources and groundwater determined by the Secretary as potential future public water supply sources;

(5) providing technical assistance to municipal officials and other public bodies in the development of regional or municipal plans or bylaws, the purpose of which is the protection of groundwater resources;

(6) classifying groundwater resources according to the provisions of this chapter and adopting technical criteria and standards for the management of activities that may pose a risk to their beneficial uses;

(7) integrating the groundwater management strategy with other regulatory programs administered by the Secretary;

(8) developing public information and education materials; and

(9) cooperating with federal agencies in the development of programs for protecting the quality and quantity of the groundwater resources.

(b) The Secretary is authorized to accept and administer grants for groundwater management purposes in accord with the administrative procedures of the State.

(c)(1) The Secretary shall establish a groundwater coordinating committee, with representation from the Division of Drinking Water and Groundwater Protection within the Department, the Division of Geology and Mineral Resources within the Department, the Agency of Agriculture, Food and Markets, and the Departments of Forests, Parks and Recreation and of Health to provide advice in the development of the program and its implementation, on issues concerning groundwater quality and quantity, and on groundwater issues relevant to well-drilling activities.

(2) In carrying out his or her duties under this subchapter, the Secretary shall give due consideration to the recommendations of the Groundwater Coordinating Committee.

(3) The Secretary may request representatives of other agencies and the private sector, including licensed well drillers, to serve on the Groundwater Coordinating Committee.

(d) The groundwater management strategy, including groundwater classification and associated technical criteria and standards, shall be adopted as a rule in accordance with the provisions of 3 V.S.A. chapter 25.

(e) [Repealed.]
10 V.S.A. § 2511 — VT Code / Title 10 / Chapter 81 / Section 2511
§ 2511. Advisory committee-Article XI
Status: in_force

The representatives from any member state may appoint and consult with an advisory committee composed of persons interested in forest fire protection.

The Commission may appoint and consult with an advisory committee of representatives of all affected groups, private and governmental.
10 V.S.A. § 693 — VT Code / Title 10 / Chapter 29 / Section 693
§ 693. Definitions
Status: in_force

As used in this subchapter:

(1) “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.

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

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

(4) “Population” means the most recent population of a municipality as determined by the Vermont Department of Health.

(5) “Per capita income” means the total adjusted gross incomes of residents of a municipality divided by total exemptions claimed by residents of that municipality, as reported to the Vermont Department of Taxes in the most recent year for which data is available.

(6) “Employment loss” means the absolute decline in the annual average number of insured private sector employees in the municipality during the most recent 12-month period for which data is reported by the Vermont Department of Labor compared to the same 12-month period five years earlier.

(7) “Area unemployment rate” means the average monthly unemployment rate over the most recent two-year period for which data is available, of the labor market area of which a municipality is a part, as reported by the Vermont Department of Labor.
10 V.S.A. § 1446 — VT Code / Title 10 / Chapter 49A / Section 1446
§ 1446. Registered projects; exemptions from permitting
Status: in_force

(a) Allowed uses.

(1) Registered projects. The following projects in a protected shoreland area do not require a permit under section 1444 or 1445 of this title:

(A) The creation of no more than 100 square feet of impervious surface or cleared area, or a combination of impervious surface or cleared area, within 100 feet of the mean water level, provided that:

(i) the owner of the property on which the impervious surface or cleared area is created registers with the Secretary, on a form provided by the Secretary that contains the name of the property owner, the address of the property, and a certification that the project meets the requirements of this subsection (a);

(ii) the impervious surface or cleared area is located at least 25 feet from the mean water level; and

(iii) vegetative cover shall be managed according to the requirements of section 1447 of this title.

(B) The creation of 500 square feet or less of impervious surface, cleared area, or a combination of impervious surface and cleared area, provided that:

(i) the owner of the property on which the impervious surface or cleared area is created registers with the Secretary a form provided by the Secretary that contains the name of the property owner, the address of the property, and a certification that the project meets the requirements of this subsection;

(ii) the impervious surface or cleared area is at least 100 feet from the mean water level;

(iii) any proposed cleared area or area within the protected shoreland area where an impervious surface shall be sited has a slope of less than 20 percent;

(iv) after the completion of the project, the protected shoreland area shall consist of no more than 20 percent impervious surface; and

(v) after the completion of the project, the protected shoreland area shall consist of no more than 40 percent cleared area, including any area cleared for the purposes of creating impervious surface.

(2) Limit on registration per parcel. A person shall not use the registration process under this subsection to create more than a maximum total per parcel of:

(A) 100 square feet of impervious surface or cleared area within 100 feet of the mean water level; and

(B) 500 square feet of impervious surface or cleared area within the protected shoreland area that is at least 100 feet from the mean water level.

(3) Effect of registration. A registration shall take effect 15 days after being filed with the Secretary, unless the Secretary requests that the person registering submit additional information that the Secretary considers necessary or the Secretary notifies the person registering that an individual permit is required.

(4) Term. Registrations shall be for an indefinite term, provided that the person complied with the requirements of this subsection and takes no action for which an individual permit is required.

(b) Exemptions. The following activities in a protected shoreland area do not require a permit under section 1444 or 1445 of this title:

(1) Management of vegetative cover. Management of vegetative cover conducted in compliance with section 1447 of this title.

(2) Removal of vegetation for recreational purposes. The cutting or removal of no more than 250 square feet of the existing vegetation under three feet in height within 100 feet of the mean water level to allow for recreational use in the protected shoreland area, provided that:

(A) the cutting or removal of vegetation occurs at least 25 feet from the mean water level; and

(B) other ground cover, including leaf litter and the forest duff layer, shall not be removed from the area in which cutting occurs.

(3) Maintenance of lawns. The maintenance, but not the enlargement, of lawns, gardens, landscaped areas, and beaches in existence as of July 1, 2014.

(4) Creation of footpaths. The creation of one footpath per parcel with a width of no greater than six feet that provides access to the mean water level. Under this subdivision, a footpath includes stairs, landings, or platforms within the authorized six-feet width.

(5) Construction within footprint. Construction within the footprint of an impervious surface, existing as of July 1, 2014, that does not result in a net increase in the amount of impervious surface on a parcel.

(6) Silvicultural activities. Silvicultural activities in a protected shoreland area if the silvicultural activities are in compliance with:

(A) a forest management plan, approved by the Commissioner of Forests, Parks and Recreation, for the land in the protected shoreland area in which the silvicultural activities occur; and

(B) the accepted management practices adopted by the Commissioner of Forests, Parks and Recreation under section 2622 of this title.

(7) Agricultural activities. Agricultural activities on land in agricultural production on July 1, 2014, provided that:

(A) no impervious surface shall be created or expanded in a protected shoreland area except: when no alternative outside the protected shoreland area exists, the construction of a best management practice is necessary to abate an agricultural water quality issue, and the best management practice is approved by the Secretary of Agriculture, Food and Markets under 6 V.S.A. chapter 215; and

(B) the agricultural activities within the protected shoreland area comply with the rules adopted by the Secretary of Agriculture, Food and Markets under 6 V.S.A. chapter 215 regarding agricultural water quality, including required agricultural practices, best management practices, medium and small farm operation, and large farm operation.

(8) Transportation infrastructure and private roads. The maintenance, emergency repair, repair, and replacement of:

(A) Transportation infrastructure by the Vermont Agency of Transportation or by a municipality.

(B) A private road that does not require a permit under section 1264 of this title, provided that emergency repair, repair, and replacement of the private road shall comply with the applicable water quality best management practices approved by the Secretary under 19 V.S.A. § 996 and incorporated within the Vermont Agency of Transportation town road and bridge standards for controlling stormwater runoff and direct discharges to State waters. The requirement to comply with the water quality best management practices shall apply even if the municipality in which the private road is located has not adopted the town road and bridge standards. Under this subdivision, expansion of a private road in order to allow for passage of emergency vehicles shall be considered repair that does not require a permit under section 1443 of this title.

(9) Railroad activities. Railroad activities and facilities within the jurisdiction of federal law.

(10) Parcel intersected by public highway. The creation or expansion of impervious surface or cleared area on a parcel within the protected shoreland area when the parcel is intersected by a highway and the impervious surface or cleared area is created or expanded on that portion of the parcel on the side of the highway away from the mean water level.

(11) Wastewater systems and potable water supplies. Installation, maintenance, repair, or replacement of a wastewater system or potable water supply permitted by the Agency of Natural Resources under chapter 64 of this title.

(12) Stormwater treatment. Discharges of stormwater, stormwater treatment facilities or practices, including repair or maintenance, permitted by the Agency of Natural Resources under section 1264 of this title.

(13) Utility projects and utility lines.

(A) The construction of projects that require a certificate of public good under 30 V.S.A. § 248 subject to the Agency of Natural Resources Riparian Buffer Guidance for Act 250 and Section 248 projects.

(B) The routine repair and maintenance of utility lines and structures including vegetation maintenance in utility line corridors, in a protected shoreland area that are subject to 30 V.S.A. § 248, chapter 151 of this title, or a vegetation management plan approved by the Agency in a protected shoreland area. Vegetation management practices in a protected shoreland area shall be performed in accordance with a vegetation management plan approved by the Agency of Natural Resources.

(C) The emergency repair of utility lines and poles in protected shoreland areas, provided that such repair minimizes adverse impacts to vegetation in the protected shoreland area.

(14) Act 250 permit. Projects that have received a permit pursuant to chapter 151 of this title.

(15) Designated downtowns and village centers. Projects in downtowns and village centers designated pursuant to 24 V.S.A. chapter 76A.

(16) Urban and industrial redevelopment. Construction, creation, or expansion of impervious surface or cleared area within a protected shoreland area, provided that:

(A) The area in which the impervious surface or cleared area will be constructed, created, or expanded is:

(i) urban or industrial in nature;

(ii) contains as of July 1, 2014 impervious surface or cleared area; and

(iii) has been designated by municipal bylaw for redevelopment.

(B) The municipality has adopted a shoreland bylaw or ordinance that:

(i) is at least as stringent as the permitting requirements and exemptions of this chapter; or

(ii) requires best management practices or other controls that are, as determined by the Secretary, functionally equivalent to compliance with the permitting requirements and exemptions of this chapter.

(17) Mosquito control. Where mosquito populations create a public health hazard, as that term is defined in 18 V.S.A. § 2, physical practices or activities approved by the Secretary that create cleared area or remove vegetative cover in order to reduce mosquito breeding habitat, provided that any activity authorized under this subdivision shall comply with the Vermont Wetlands Rules.

(18) Removal of constructed feature. Temporary cutting or removal of vegetation to remove an existing constructed feature, provided that the area of removal is revegetated according to the requirements for the management of vegetative cover under section 1447 of this title and all cutting and removal of vegetation complies with the Agency's low-risk site handbook for erosion prevention and sediment control.

(c) Application of vegetative cover requirements. Activities authorized under subdivisions (b)(2)-(17) of this section shall not be required to comply with the requirements for the management of vegetative cover under section 1447 of this title.
10 V.S.A. § 917 — VT Code / Title 10 / Chapter 37 / Section 917
§ 917. Appeals
Status: in_force

Any act or decision of the Secretary under this subchapter may be appealed in accordance with chapter 220 of this title.
10 V.S.A. § 7703 — VT Code / Title 10 / Chapter 170 / Section 7703
§ 7703. Rules; additional notice or procedures
Status: in_force

(a) Rules.

(1) Implementing rules. The Secretary may adopt rules to implement this chapter.

(2) Complex projects; preapplication process. The Secretary shall adopt rules to determine when a project requiring a permit is large and complex. These rules shall provide that an applicant proposing such a project, prior to filing an application for a permit, shall initiate a project scoping process pursuant to 3 V.S.A. § 2828 or shall hold an informational meeting that is open to the public. The rules shall ensure that:

(A) Written notice of an informational meeting under this section is sent to the owner of the land where the project is located if the applicant is not the owner; the municipality in which the project is located; the municipal and regional planning commissions for any municipality in which the project is located; if the project site is located on a boundary, any Vermont municipality adjacent to that boundary and the municipal and regional planning commissions for that municipality; and each adjoining property owner. At the time this written notice is sent, the Secretary also shall post the notice to the environmental notice bulletin.

(B) The notice to adjoining property owners informs them of how they can continue to receive notices and information through the environmental notice bulletin concerning the project as it is reviewed by the Secretary.

(C) The applicant furnishes by affidavit to the Secretary the names of those furnished notice and certifies compliance with the notice requirements of this subsection.

(D) The applicant and the Secretary or designee shall attend the meeting. The applicant shall respond to questions from other attendees.

(b) Additional notice.

(1) The Secretary may require, by rule or in an individual case, measures in addition to those directed by this chapter using any method reasonably calculated to give direct notice to persons potentially affected by a decision on the application.

(2) In an individual case, the Secretary may determine to apply the procedures of section 7713 (Type 2) of this chapter to the issuance of a permit otherwise subject to the procedures of section 7715 (Type 4) or section 7716 (Type 5) of this chapter.

(c) Extension of deadlines. A person may request that the Secretary extend any deadline for comment or requesting a public informational meeting established by this chapter. The person shall submit the request before the deadline and include a brief explanation of why the extension is justified. If the request is granted, the Secretary shall provide notice of the new deadline through the environmental notice bulletin.
10 V.S.A. § 4132 — VT Code / Title 10 / Chapter 103 / Section 4132
§ 4132. General duties of Commissioner
Status: in_force

(a) The Commissioner shall have charge of the enforcement of the provisions of this part.

(b) The Commissioner may publish such bulletins as he or she deems advisable for information and instruction concerning the work of the Department and shall keep an account of the business and proceedings of the Department. Any publication available to the general public that describes rules regarding boating and fishing shall include information about aquatic nuisances provided to the Commissioner.

(c) The Commissioner may confer with the fish and wildlife directors or commissioners of other states and Canada.

(d) The Commissioner of Fish and Wildlife may develop promotional programs to include the sale of promotional items at a reasonable profit, to promote hunting, fishing, and trapping and the use of wildlife management areas. Proceeds from the sale of promotional items shall be deposited in the Fish and Wildlife Fund.

(e) The Commissioner, subject to the direction and approval of the Secretary, shall adopt and publish rules in the name of the Agency for reasonable fees or charges for the use of the lands, roads, buildings, other property, and the use of and tuition for the Green Mountain Conservation Camps, notwithstanding 32 V.S.A. § 603. Fees collected for the use of fish and wildlife lands and properties shall be deposited in the Fish and Wildlife Fund.

(f) The Commissioner may collect data, conduct scientific research, and contract with qualified consultants for the purposes of managing fish and wildlife in the State and achieving the requirements and policies of this part. The Commissioner may designate as confidential any records produced or acquired by Department staff or contractors in the conduct of a study of or research related to fish, wildlife, wild plants, or the habitat of fish, wildlife, or wild plants, if release of the records would present a threat of harm to a species or the habitat of a species. Records designated as confidential under this subsection shall be exempt from inspection and copying under the Public Records Act. Records of Department staff or contractors that are not designated as confidential under this subsection shall be available for inspection and copying under the Public Records Act.
10 V.S.A. § 6502 — VT Code / Title 10 / Chapter 157 / Section 6502
§ 6502. Petition procedure
Status: in_force

(a) A petition for approval by the General Assembly of a facility under section 6501 of this title shall be submitted to the Speaker of the House and the President of the Senate. The petition shall be referred forthwith to the Joint Energy Committee.

(b) The Committee shall hold a public hearing on each petition for approval. Notice of the public hearing shall be published two weeks successively in a newspaper of general circulation in the county in which the proposed facility is to be located, the last publication to be at least 12 days before the day appointed for the hearing. Any agency or person may submit recommendations relating to the proposed facility to the Committee. The Committee shall be authorized to examine all records and information relevant to the petition in the possession of the petitioner or any State agency.

(c) Upon receipt of the petition, notice shall be given by the Committee to the Chair of the Public Utility Commission, the Commissioner of Health, the Secretary of Natural Resources, and the Attorney General. Each public official so notified shall, prior to the public hearing under subsection (b) of this section, submit to the Committee his or her agency's evaluation of the impact of the facility on the State and any other information deemed relevant to the petition.

(d) Notice, by certified mail, shall be given to the chair or director of the municipal and regional planning commissions and the selectboard for each town in which the proposed facility is to be located and each contiguous town not less than 30 days prior to the public hearing under subsection (b) of this section.
10 V.S.A. § 6603c — VT Code / Title 10 / Chapter 159 / Section 6603c
§ 6603c. Implementation grants and loans for waste management
Status: in_force

(a)(1) The Secretary may issue grants to a municipality or a group of municipalities organized as a solid waste management district or acting through or as a regional planning commission for up to 40 percent of the cost of construction of facilities proposed in or equipment required:

(A) to implement a utility and facility element, as defined in 24 V.S.A. § 4348a, for waste stream reduction facilities that precede refuse disposal, which the Secretary finds is consistent with the State Waste Management Plan; or

(B) to implement a solid waste management plan that the Secretary has determined is consistent with the provisions of the State Waste Management Plan, is in conformance with any regional or adopted municipal plan, and is consistent with the requirements of this chapter.

(2) Grants shall not be available under this section for sanitary landfills or incineration facilities.

(3) Effective January 1, 1994, the costs of design for eligible projects shall be eligible for grants under this section.

(b)(1) A municipality or group of municipalities organized as a solid waste management district or acting through or as a regional planning commission may apply to the Secretary for grants under this section. The Secretary may review and award grants, according to the priorities established in this section, to the extent that funds are available. Grants awarded under subdivision (c)(2) of this section shall be made on a quarterly basis to the extent funds are available. The application shall be in a form prescribed by the Secretary and shall include:

(A) a complete description of the project and its purpose;

(B) an explanation of the role of the project in the regional, district, or municipal solid waste management plan and how and when the plan will be implemented;

(C) the cost of the project and the amount of the grant requested;

(D) evidence that all funding required for implementation of the plan, beyond that provided by this chapter, has been obtained or will be available through user fees or other sources; and

(E) evidence that private alternatives have been considered.

(2) In making grants to projects eligible under this section, the Secretary shall give priority to proposals that are certified by the Commissioner of Health as being necessary to eliminate a hazard to human health and to those that are determined by the Secretary as being able effectively to accomplish the priorities set forth in subdivision 6604(a)(1) of this chapter.

(3) No grant awards shall be made by the Secretary until all permits or other authority for the proposed project have been obtained.

(c) When making grants, the Secretary shall require cost accounting procedures and other fiscal elements necessary for proper administration of the grant.

(1) Upon selection of a recipient, award of the grant, and initiation of construction, the Secretary may make periodic grant payments based on certification by the grantee showing that costs for which reimbursement is requested have been incurred and paid by the grantee. The recipient shall provide supporting evidence of payment upon the request of the Department. Partial payments shall be made not more frequently than monthly. Interest costs incurred in local short-term borrowing of the grant amount shall be reimbursed as part of the grant. After the project has been completed, the applicant has taken other necessary action, and the costs have been audited by the Secretary or an independent auditor, the Secretary shall certify the remainder of the award to the Commissioner of Finance and Management who shall issue a warrant for payment.

(2) The Secretary shall make grants under this section according to the following priorities:

(A) Any project that as of July 1, 1993 has received a positive bond vote or similar approval receives highest priority.

(B) Any project that is included in an adopted solid waste implementation plan approved by the Agency by July 1, 1993, which meets all the requirements for implementation grant funding by December 31, 1993, receives high priority. However, if a district does not come into existence until after July 1, 1993, it shall be eligible for funds under this section, if within 24 months from the date of its existence it adopts an implementation plan and obtains approval of that plan.

(C) Any project that does not meet the criterion of subdivision (2)(A) or (B) of this subsection (c) must be included in an approved solid waste implementation plan and is subject to the following priority list in descending order:

(i) projects to manage toxic material, unregulated hazardous waste, and hazardous household waste;

(ii) projects eligible for grants under subsection 6622(d) of this title to manage other materials not appropriate for landfilling or incineration;

(iii) other projects to manage other materials not appropriate for landfilling or incineration.

(3) The Secretary may adopt rules consistent with this chapter that are necessary for proper administration of this section.

(d) The Secretary may authorize low-interest loans from the Vermont Solid Waste Revolving Fund, as provided in 24 V.S.A. chapter 120, for the construction of facilities proposed in, or equipment required to implement a utility and facility element, as defined in 24 V.S.A. § 4348a, for refuse disposal, which the Secretary finds is consistent with the State Waste Management Plan, or to implement a plan approved by the Agency of Natural Resources.
10 V.S.A. § 2663 — VT Code / Title 10 / Chapter 83 / Section 2663
§ 2663. Infestation control; agreements with owners
Status: in_force

The Commissioner under the provisions of 3 V.S.A. § 2853 may apply measures of infestation control on public and private forest and other lands anywhere in the State to any trees, timber, plants, or shrubs thereon harboring or which may harbor the forest pests. The Commissioner may enter into agreements with owners of such lands covering the control work on their lands, and fix the pro rata basis on which the cost of such work will be shared between the State and said owner, provided, that the failure of the Commissioner to offer an agreement to or execute an agreement with any owner shall not impair the right of representatives of the Commissioner to enter on the lands of said owner to conduct control operations.
10 V.S.A. § 1271 — VT Code / Title 10 / Chapter 47 / Section 1271
§ 1271. Extension of municipal sewer system; filing map; approval
Status: in_force

No municipality shall extend its sewer system until it has filed a copy of its plan for the extension with the Secretary and has received the Secretary's approval.
10 V.S.A. § 7061 — VT Code / Title 10 / Chapter 162 / Section 7061
§ 7061. Definitions
Status: in_force

(a) As used in this chapter:

(1) “Commission” means the Texas Low-Level Radioactive Waste Disposal Compact Commission.

(2) “Compact” or “Compact agreement” means the Texas Low-Level Radioactive Waste Disposal Compact.

(3) “Compact facility,” “disposal facility,” and “facility” mean any site, location, structure, or property within the State of Texas provided for the purposes of disposal of low-level radioactive waste, pursuant to the Compact.

(4) “Generator” means a person who produces or processes low-level radioactive waste in the course of its activities.

(5) “Low-level radioactive waste” means radioactive waste material that is not high-level radioactive waste, spent nuclear fuel, transuranic waste, or byproduct material, as defined in 42 U.S.C. § 2014(e)(2), the U.S. Atomic Energy Act of 1954, Section 11(e)(2), and that material the U.S. Nuclear Regulatory Commission, consistent with existing law, classifies as low-level radioactive waste.

(6) “Manage” means collection, consolidation, storage, packaging, or treatment of low-level radioactive waste.

(b) In addition, terms defined in the Compact shall have the same definition in this chapter, unless another meaning is clearly intended.
10 V.S.A. § 1046 — VT Code / Title 10 / Chapter 41 / Section 1046
§ 1046. Rulemaking
Status: in_force

The Secretary shall adopt rules to implement the requirements of this subchapter.
10 V.S.A. § 2502 — VT Code / Title 10 / Chapter 81 / Section 2502
§ 2502. Effective date; new member states-Article II
Status: in_force

This agreement shall become operative immediately as to those states ratifying it whenever any two or more of the states of Maine, New Hampshire, Vermont, Rhode Island, Connecticut, New York, and the Commonwealth of Massachusetts have ratified it and the Congress has given its consent. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact. Subject to the consent of the Congress of the United States, any province of the Dominion of Canada which is contiguous with any member state may become a party to this compact by taking such action as its laws and the laws of the Dominion of Canada may prescribe for ratification. In this event, the term “state” in this compact shall include within its meaning the term “province” and the procedures prescribed shall be applied in the instance of such provinces, in accordance with the forms and practices of the Canadian government.
10 V.S.A. § 1932 — VT Code / Title 10 / Chapter 59 / Section 1932
§ 1932. Orders
Status: in_force

Upon receiving information that the operation, maintenance, or condition of an underground storage tank or the surrounding environs may present a threat or a hazard to the health of persons or to the environment, or may present an actual or threatened violation of any provision of this chapter, the Secretary may issue to the owner or operator an order establishing reasonable and proper methods for the control of the activity, tank closure, removal of contaminated materials, and the management of substances in the tank or the surrounding environs in order to reduce or eliminate the hazard or the violation. Orders of the Secretary may include requiring the owner to undertake investigations on properties of the owner.
10 V.S.A. § 6047 — VT Code / Title 10 / Chapter 151 / Section 6047
§ 6047. Changes in the Capability and Development Plan
Status: repealed

(a) After final adoption, any department or agency of the State or a municipality, or any property owner or lessee may petition the Board for a change in the Capability and Development Plan.

(b) Within 14 days of receipt, the Board shall forward a copy of the petition to the District Commission and regional planning agency for comments and recommendations. If no regional planning commission exists, the copy shall be sent to the affected municipal planning commissions and municipalities.

(c) After 60 days but within 120 days of the original receipt of a petition, the Board shall advertise a public hearing to be held in the appropriate county. The Board shall notify the persons and agencies that have an interest in the change of the time and place of the hearing, and the procedures established for initial adoption of a Plan shall apply.

(d)-(f) [Repealed.]
10 V.S.A. § 1024 — VT Code / Title 10 / Chapter 41 / Section 1024
§ 1024. Appeals
Status: in_force

Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title.
10 V.S.A. § 902 — VT Code / Title 10 / Chapter 37 / Section 902
§ 902. Definitions
Status: in_force

Wherever used or referred to in this chapter, unless a different meaning clearly appears from the context:

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

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

(3) “Waters” means any and all rivers, streams, brooks, creeks, lakes, ponds, or stored water, and groundwaters, excluding municipal and farm water supplies.

(4) “Water resources” means the waters and the values inherent or potential in waters and their uses.

(5) “Wetlands” means those areas of the State that are inundated by surface or groundwater with a frequency sufficient to support significant vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and reproduction. Such areas include marshes, swamps, sloughs, potholes, fens, river and lake overflows, mud flats, bogs, and ponds, but excluding such areas as grow food or crops in connection with farming activities.

(6) “Class I wetland” means:

(A) a wetland identified on the Vermont significant wetlands inventory maps as a Class I wetland;

(B) a wetland that the former Water Resources Board identified in rules of the Board as a Class I wetland; or

(C) a wetland that the Secretary, based upon an evaluation of the extent to which the wetland serves the functions and values set forth in subdivision 905b(18)(A) of this title, determines is exceptional or irreplaceable in its contribution to Vermont's natural heritage and, therefore, merits the highest level of protection.

(7) “Class II wetland” means a wetland other than a Class I or Class III wetland that:

(A) is a wetland identified on the Vermont significant wetlands inventory maps; or

(B) the Secretary determines to merit protection, pursuant to section 914 of this title, based upon an evaluation of the extent to which it serves the functions and values set forth in subdivision 905b(18)(A) of this title and the rules of the Department.

(8) “Class III wetland” means a wetland that is neither a Class I wetland nor a Class II wetland.

(9) “Buffer zone” means an area contiguous to a significant wetland that protects the wetland's functions and values. The buffer zone for a Class I wetland shall extend at least 100 feet from the border of the wetland, unless the Department determines otherwise under section 915 of this title. The buffer zone for a Class II wetland shall extend at least 50 feet from the border of the wetland unless the Secretary determines otherwise under section 914 of this title.

(10) “Panel” means the Water Resources Panel of the Agency of Natural Resources.

(11) “Significant wetland” means any Class I or Class II wetland.

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

(13) “Dam removal” has the same meaning as in section 1080 of this title.
10 V.S.A. § 254 — VT Code / Title 10 / Chapter 12 / Section 254
§ 254. Authority bonds
Status: in_force

(a) From time to time the Authority may issue bonds to pay project costs of a project that has been approved by the Authority, to reimburse a user for the payment of costs made before or after the bonds are issued or to refund bonds previously issued.

(b) No bonds shall be issued under this section without the prior approval of the Governor or designee and the State Treasurer.

(c) Bonds issued under this section shall bear the manual, electronic, or facsimile signature of the manager or treasurer of the Authority, or authorized designee and agent; provided, however, that such signatures shall be manual unless the bonds are to be manually authenticated by a bank or trust company serving as trustee for the bonds. The details of the bonds shall be fixed by the signing officers in accordance with section 244 of this title. Bonds shall be sold by the signing officers at public or private sale, and the proceeds thereof shall be paid to the trustee, lender, or disbursing agent under the security document that secures the bonds.

(d) No financing or security document or bond issued or entered into under this subchapter shall in any way obligate the State to raise any money by taxation or use other funds for any purpose to pay any debt or meet any financial obligation to any person at any time in relation to an eligible facility financed in whole or in part by the issue of the Authority's bonds under this subchapter, except from monies received or to be received under a financing or security document entered into under this subchapter or except as may be required by any other provision of law. Notwithstanding the provisions of this subsection, the State may accept and expend with respect to an eligible facility any gifts or grants received from any source in accordance with the terms of the gifts or grants.

(e) In carrying out the purposes of this subchapter, the Authority may, with the consent of the users, undertake a combined financing of projects for two or more users, and, thereupon, all other provisions of this subchapter shall apply to and for the benefit of the Authority and the participants in such joint financing.

(f) Bonds may be issued by the Authority under this subchapter for the purpose of making loans to local development corporations for industrial park planning and development, constructing, or improving a speculative building or small business incubator facility on land owned or held under lease by the local development corporation, purchase or improvement of existing buildings suitable or that can be made suitable for industrial or business incubation purposes, and purchase of land in connection with any of the foregoing.

(1) Before issuing bonds for construction of a speculative building or small business incubator facility and the purchase of land in connection therewith, the Authority shall make the determinations and incorporate in its minutes the findings required by section 232 of this title.

(2) Before issuing bonds for industrial park planning and development and the purchase of land in connection therewith, the Authority shall make the determinations and incorporate in its minutes the findings required by section 237 of this title.

(3) Financing and security documents shall contain provisions such that under no circumstances is the State obligated directly or indirectly to pay project costs; debt service; or expenses of operation, maintenance, and upkeep of the facility except from bond proceeds or from funds received under the financing or security documents, exclusive of funds received thereunder by the State for its own use.

(4) Financing and security documents shall not create any debt of the State with respect to the eligible facility, other than a special obligation of the State under this chapter.

(g) All determinations and findings made by the Authority pursuant to this section shall be conclusive.

(h) The Authority is authorized to pledge security and to enter into security, insurance, or other forms of credit enhancement. A pledge in any agreement shall be valid and binding from the time such pledge shall be made without any physical delivery or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise, irrespective of whether such parties have notice thereof. Any such pledge shall be perfected by filing of the agreement in the records of the Authority and no filing need be made under any other provision of law.

(i) The Authority may purchase any bond issued under this subchapter 4. Subject to the terms of any agreement with the bondholders, the Authority may hold, pledge, resell, or cancel any bond purchased under this paragraph, expect that a purchase under this paragraph shall not cause the extinguishment of such bond unless the Authority cancels the bond or otherwise certifies its intention that the bond be extinguished.

(j) No designated member, director, officer, employee, or agent of the Authority shall be liable personally on the bonds or any contract entered into by the Authority or subject to any personal liability or accountability by reason of the issuance of the bonds unless the personal liability or accountability is the result of intentional misconduct.
10 V.S.A. § 7188 — VT Code / Title 10 / Chapter 164B / Section 7188
§ 7188. Other disposal programs
Status: in_force

A municipality or other public agency shall not require covered entities to use public facilities to dispose of covered household hazardous products to the exclusion of other lawful programs available. A municipality and other public agencies are encouraged to work with manufacturers to assist them in meeting their collection and disposal obligations under this chapter. Nothing in this chapter prohibits or restricts the operation of any program collecting and disposing of covered household hazardous products in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or disposing of covered household hazardous products, provided that all other applicable laws are met.
10 V.S.A. § 6613 — VT Code / Title 10 / Chapter 159 / Section 6613
§ 6613. Variances
Status: in_force

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

(1) The variance proposed does not endanger or tend to endanger human health or safety.

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

(3) The variance granted does not enable the applicant to generate, transport, treat, store, or dispose of hazardous waste in a manner which is less stringent than that required by the provisions of Subtitle C of the Resource Conservation and Recovery Act of 1976, and amendments thereto, codified in 42 U.S.C. Chapter 82, subchapter 3, and regulations promulgated under such subtitle.

(b) A person who owns or is in control of any facility may apply to the Secretary for a variance from the requirements of subdivision 6605(j)(2) or (3) of this title if the applicant demonstrates alternative services, including on-site management, are available in the area served by the facility, the alternative services have capacity to serve the needs of all persons served by the facility requesting the variance, and the alternative services are convenient to persons served by the facility requesting the variance.

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

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

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

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

(3) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in subdivisions (1) and (2) of this subsection, it shall be for not more than one year, except that in the case of a variance from the siting requirements for a solid waste management facility, the variance may be for as long as the Secretary determines necessary, including a permanent variance.

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

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

(g) This section does not limit the authority of the Secretary under section 6610 of this title concerning imminent hazards from solid waste, nor under section 6610a of this title concerning hazards from hazardous waste and violations of statutes, rules, or orders relating to hazardous waste.
10 V.S.A. § 445 — VT Code / Title 10 / Chapter 20 / Section 445
§ 445. Advisory council designated
Status: repealed

(a) The Vermont Trails and Greenways Council, Inc., an organization of trail using and trail providing groups, is designated as an advisory council to the Agency of Natural Resources and shall advise on all matters related to this chapter, including the allocation of State and federal funds appropriated for the purposes of this chapter.

(b) [Repealed.]
10 V.S.A. § 374b — VT Code / Title 10 / Chapter 16A / Section 374b
§ 374b. Definitions
Status: repealed

As used in this chapter:

(1) “Agricultural facility” means land and rights in land, buildings, structures, machinery, and equipment that is used for, or will be used for producing, processing, preparing, packaging, storing, distributing, marketing, or transporting agricultural or forest products that have been at least partially produced in this State, and working capital reasonably required to operate an agricultural facility.

(2) “Agricultural land” means real estate capable of supporting commercial farming or forestry, or both.

(3) “Agricultural products” mean crops, livestock, forest products, and other farm or forest commodities produced as a result of farming or forestry activities.

(4) “Farm ownership loan” means a loan to acquire or enlarge a farm or agricultural facility, to make capital improvements including construction, purchase, and improvement of farm and agricultural facility buildings, farm worker housing, or farmer housing that can be made fixtures to the real estate, to promote soil and water conservation and protection or provide housing, and to refinance indebtedness incurred for farm ownership or operating loan purposes, or both.

(5) “Authority” means the Vermont Economic Development Authority.

(6) “Cash flow” means, on an annual basis, all income, receipts, and revenues of the applicant or borrower from all sources and all expenses of the applicant or borrower, including all debt service and other expenses.

(7) “Farmer” means an individual directly engaged in the management or operation of an agricultural facility or farm operation for whom the agricultural facility or farm operation constitutes two or more of the following:

(A) is or is expected to become a significant source of the farmer's income;

(B) the majority of the farmer's assets; and

(C) an occupation in which the farmer is actively engaged, either on a seasonal or year-round basis.

(8) “Farm operation” means the cultivation of land or other uses of land for the production of food, fiber, horticultural, silvicultural, orchard, maple syrup, Christmas trees, forest products, or forest crops; the raising, boarding, and training of equines, and the raising of livestock; or any combination of the foregoing activities. “Farm operation” also means the storage, preparation, retail sale, and transportation of agricultural or forest commodities accessory to the cultivation or use of such land. “Farm operation” also means the operation of an agritourism business on a farm subject to regulation under the Required Agricultural Practices. “Farm operation” also means a business that provides specialty services to farmers, such as foresters, farriers, hoof trimmers, or large animal veterinarians operating or proposing to operate mobile units.

(9) “Forest products business” means an enterprise that is engaged in managing, harvesting, trucking, processing, manufacturing, crafting, or distributing forest products at least partially derived from Vermont forests.

(10) “Livestock” shall mean cattle, sheep, goats, equines, fallow deer, red deer, reindeer, American bison, swine, poultry, pheasant, chukar partridge, coturnix quail, ferrets, camelids and ratites, cultured trout propagated by commercial trout farms, and bees.

(11) “Loan” means an operating loan or farm ownership loan, including a financing lease, provided that such lease transfers the ownership of the leased property to each lessee following the payment of all required lease payments as specified in each lease agreement.

(12) “Operating loan” means a loan to purchase livestock, farm or forestry equipment, or fixtures to pay annual operating expenses of a farm operation or agricultural facility, to pay loan closing costs, and to refinance indebtedness incurred for farm ownership or operating loan purposes, or both.

(13) “Program” means the Vermont Agricultural Credit Program established by this chapter.

(14) “Project” or “agricultural project” means the creation, establishment, acquisition, construction, expansion, improvement, strengthening, reclamation, operation, or renovation of an agricultural facility or farm operation.

(15) [Repealed.]
10 V.S.A. § 290 — VT Code / Title 10 / Chapter 14A / Section 290
§ 290. Definitions
Status: in_force

For purposes of this chapter:

(1) “Follow-on investment” means any investment in a Vermont firm following the initial investment.

(2) “Fund manager” means the investment management firm responsible for creating the fund, securing capital commitments, and implementing the fund's investment strategy, consistent with the requirements of this section. The fund manager shall be paid a fee that reflects a percentage of the fund's capital under management and a performance-fee share based on the fund's economic performance, as determined by the Authority.

(3) “Seed capital” means first, nonfamily, nonfounder investment in the form of equity or convertible securities issued by a firm that had, in the 12 months preceding the date of the funding commitment, annual gross sales of less than $3,000,000.00.
10 V.S.A. § 6674 — VT Code / Title 10 / Chapter 159 / Section 6674
§ 6674. Retailer responsibility
Status: in_force

(a) A producer or retailer may not sell or offer for sale a paint product to any person in Vermont unless the producer or a stewardship program that the producer is a member of is implementing an approved plan for a Paint Product Stewardship Program as required by section 6673 of this title. A retailer complies with the requirements of this section if, on the date the paint product was ordered from the producer or its agent, the producer or paint brand is listed on the Agency of Natural Resources' website as a producer or brand participating in an approved plan for a Paint Product Stewardship Program.

(b) At the time of sale to a consumer, a producer, a stewardship organization, or a retailer selling or offering paint products for sale shall provide the consumer with information regarding available management options for postconsumer paint products collected through the Paint Product Stewardship Program or a brand of paint being sold under the Program.
10 V.S.A. § 601 — VT Code / Title 10 / Chapter 25 / Section 601
§ 601. Definitions
Status: in_force

The following words and terms, unless the context clearly indicates a different meaning, shall have the following meaning:

(1) “Agency” means the Vermont Housing Finance Agency created by this chapter.

(2) “Bonds, notes, and other obligations” or “bonds, bond anticipation notes, or other obligations” means any bonds, notes, debentures, interim certificates, or other evidences of financial indebtedness issued by the Agency pursuant to this chapter.

(3) “Eligible security” means any security or obligation payable from or evidencing an interest in mortgages or other obligations securing loans to finance residential housing in the State.

(4) “Federally insured mortgage loan” means a mortgage loan for residential housing insured or guaranteed by the United States or an agency or instrumentality thereof, or a commitment by the United States or an agency or instrumentality thereof to insure such a mortgage.

(5) “Federal mortgage loan” means a mortgage loan for residential housing made by the United States or an agency or instrumentality thereof or a commitment by the United States or an agency or instrumentality thereof to make such a mortgage loan.

(6) “Housing development costs” means the costs incurred in connection with the acquisition, construction, or rehabilitation of residential housing, including the costs of its physical construction, the costs of acquisition of land, real or personal property, rights, rights-of-way, easements, and franchises necessary or convenient for the construction, and the costs of legal, administrative, architectural and related professional services, the costs of insurance, project reports, survey, other preliminary expenses, and the costs of working capital, reserves, and carrying charges.

(7) “Housing sponsor” or “sponsor” means a person who is organized on a nonprofit or limited profit basis or agrees to appropriate conditions as described in subdivision 624(b)(5) of this title and who is approved by the Agency as qualified either to own, construct, acquire, rehabilitate, operate, manage, or maintain residential housing.

(8) “Mortgage” means a mortgage deed, deed of trust, or other instrument that shall constitute a lien on real property in fee simple or on a leasehold under a lease having a remaining term, at the time such mortgage is acquired, that does not expire prior to the maturity date.

(9) “Mortgage lender” means any bank or trust company, mortgage company approved by any government-sponsored entity, savings bank, savings and loan association, industrial bank, credit union, National Banking Association, federal savings and loan association, federal credit union, or other financial institution or governmental agency or instrumentality that customarily provides or otherwise aids in the financing of mortgage loans on residential housing located in the State.

(10) “Mortgage loan” means and includes:

(A) an interest-bearing or noninterest bearing obligation secured by either a mortgage or other security instrument constituting a lien on land and improvements in the State;

(B) an interest-bearing or noninterest bearing obligation secured by a pledge of a cooperative interest and a conditional assignment of the proprietary lease incidental thereto;

(C) an interest-bearing or noninterest bearing obligation secured by the owner-occupant's interest in a mobile home, provided that:

(i) the mobile home is to be sited in a manner intended for continuous residential occupancy by the owner on land owned by the owner of the mobile home and shall be secured by a mortgage that shall constitute a first lien on the mobile home and the real property to which it is affixed; or

(ii) the mobile home is to be sited in a manner intended for continuous residential occupancy on land leased by the owner of the mobile home and shall be secured by a note or otherwise and collateral assignment of a lease of real property that shall constitute a first lien upon the mobile home. Notwithstanding any other provision of this chapter, the lease of the land upon which the mobile home is sited shall be for a term of at least one year, shall be renewable for periods of at least one year, and shall comply with the requirements of section 6236 of this title. This definition shall not preclude the requirement of security in addition to that specified in this subsection for any mortgage loan.

(11) “Persons and families of low and moderate income” means persons and families irrespective of race, creed, national origin, sex, sexual orientation, or gender identity deemed by the Agency to require such assistance as is made available by this chapter on account of insufficient personal or family income, taking into consideration, without limitation, such factors as:

(A) the amount of the total income of such persons and families available for housing needs;

(B) the size of the family;

(C) the cost and condition of residential housing available;

(D) the cost and availability of mortgage loans on residential housing in the State;

(E) the eligibility of such persons and families for federal housing assistance of any type predicated upon a low-income basis or upon the basis of the age of such persons;

(F) the ability of such persons and families to compete successfully in the normal housing market and to pay the amounts at which private enterprise is providing decent, safe, and sanitary housing, and deemed by the Agency therefore to be eligible to occupy residential housing constructed and financed, wholly or in part, with insured or guaranteed construction loans or insured or guaranteed mortgages, or with other public or private assistance other than as provided by this chapter.

(12) “Real property” means all lands, including improvements, and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms of years and liens by way of judgment, mortgage, or otherwise and the indebtedness secured by such liens.

(13) “Rehabilitation” means the rehabilitation, improvement, and repair of residential housing and facilities incidental thereto undertaken primarily to provide dwelling accommodations for occupancy by persons and families in this State.

(14) “Residential housing” means residential housing units designed primarily to provide principal dwelling accommodations whether on a permanent or temporary basis for persons or families, which may include the land and improvements thereon and such nonhousing facilities or services considered necessary or convenient or part of a community development plan by the Agency in connection with the residential housing, including commercial enterprises and government functions within the same building. “Residential housing” includes single or multi-family dwellings, congregate homes, residential care homes as defined in 33 V.S.A. § 7102, nursing homes, transitional housing, emergency shelters for the homeless or displaced, mobile homes, single room occupancy dwellings, and group homes for persons with psychiatric or developmental disabilities. “Residential housing” also means cooperative interests and mobile home parks as defined in section 6201 of this title.

(15) “Cooperative Housing Corporation” means a domestic corporation qualified under 11 V.S.A. chapter 14.

(16) “Cooperative interest” means a cooperative interest as defined in 11 V.S.A. chapter 14.

(17) “Member” means a person who owns a cooperative interest in a Cooperative Housing Corporation.

(18) “Mobile home” means “mobile home” as that term is defined in 9 V.S.A. chapter 72.

(19) “Equity loan” means a mortgage loan to a housing sponsor secured by a mortgage on property constituting residential housing in an amount that, when added to the amount of any prior mortgages on the property, does not exceed 90 percent of the value of the property plus the value of additional collateral deemed appropriate and as determined by the Agency, provided the Agency has made a finding that the effect of such loan will be to maintain or increase the supply of residential housing in the State for persons and families of low and moderate income.
10 V.S.A. § 152 — VT Code / Title 10 / Chapter 9 / Section 152
§ 152. Authority to name geographic locations
Status: in_force

The Board of Libraries is hereby designated the State agency to name geographic locations, including mountains, streams, lakes, and ponds, upon petition signed by not less than 25 interested persons or by petition of an administrative department of the State.
10 V.S.A. § 4267 — VT Code / Title 10 / Chapter 105 / Section 4267
§ 4267. False statements; alterations; use by another; guide
Status: in_force

No person shall make a false statement in an application for a license to be issued under the provisions of this part or change or alter such a license or the coupon issued therewith or furnish to another or permit another to have or use such license or coupon issued to himself or herself or use such license or coupon issued to another or knowingly guide a hunter or angler who has not such a license.
10 V.S.A. § 921 — VT Code / Title 10 / Chapter 37 / Section 921
§ 921. Definitions
Status: in_force

As used in this subchapter:

(1) “Administrative cost” means program and project costs incurred by a clean water service provider or a grantee, including costs to conduct procurement, contract preparation, and monitoring, reporting, and invoicing.

(2) “Basin” means a watershed basin designated by the Secretary for use as a planning unit under subsection 1253(d) of this title.

(3) “Best management practice” or “BMP” means a schedule of activities, prohibitions, practices, maintenance procedures, green infrastructure, or other management practices to prevent or reduce water pollution.

(4) “Clean water project” means a best management practice or other program designed to improve water quality to achieve a target established under section 922 of this title that:

(A) is not subject to a permit under chapter 47 of this title, is not subject to the requirements of 6 V.S.A. chapter 215, exceeds the requirements of a permit issued under chapter 47 of this title, or exceeds the requirements of 6 V.S.A chapter 215; and

(B) is within the following activities:

(i) developed lands, sub-jurisdictional practices related to developed lands including municipal separate storm sewers, operational stormwater discharges, municipal roads, and other developed lands discharges;

(ii) natural resource protection and restoration, including river corridor and floodplain restoration and protection, wetland protection and restoration, riparian and lakeshore corridor protection and restoration, and natural woody buffers associated with riparian, lakeshore, and wetland protection and restoration;

(iii) forestry; or

(iv) agriculture.

(5) “Co-benefit” means the additional benefit to local governments and the public provided by or associated with a clean water project, including flood resilience, ecosystem improvement, and local pollution prevention.

(6) “Design life” means the period of time that a clean water project is designed to operate according to its intended purpose.

(7) “Maintenance” means ensuring that a clean water project continues to achieve its designed pollution reduction value for its design life.

(8) “Standard cost” means the projected cost of achieving a pollutant load reduction per unit or per best management practice in a basin.
10 V.S.A. § 154 — VT Code / Title 10 / Chapter 9 / Section 154
§ 154. Standards
Status: in_force

The Board in choosing names shall give preference to historical events, historic persons, and flora and fauna native to Vermont; names characteristic to Vermont; and its traditions and local place names where long usage has made them appropriate and useful. (1961, No. 139, § 5, eff. May 24, 1961.)
10 V.S.A. § 1177 — VT Code / Title 10 / Chapter 45 / Section 1177
§ 1177. Maintenance of records by Secretary of Natural Resources
Status: in_force

It shall be the sole responsibility of the Secretary of Natural Resources to keep and maintain all records, except records of warrants issued by the Commissioner of Finance and Management, in connection with and compiled as a result of sections 1175 and 1176 of this title. All departments or agencies of the State maintaining these records shall forthwith deliver the same to the Secretary of Natural Resources.
10 V.S.A. § 8015 — VT Code / Title 10 / Chapter 201 / Section 8015
§ 8015. Statute of limitations
Status: in_force

Notwithstanding any other provision of law, actions brought under this chapter or chapter 211 of this title shall be commenced within the later of:

(1) six years from the date the violation is or reasonably should have been discovered;

(2) six years from the date a continuing violation ceases; or

(3) six years from the date of accrual under section 8222 of this title.
10 V.S.A. § 233 — VT Code / Title 10 / Chapter 12 / Section 233
§ 233. Depressed areas
Status: in_force

The Authority shall give preference to the areas within labor market districts declared to be economically depressed areas as defined by the Vermont Agency of Commerce and Community Development or the Vermont Department of Labor, or to the area that is a designated job development zone under chapter 29, subchapter 2 of this title.
10 V.S.A. § 6699 — VT Code / Title 10 / Chapter 159 / Section 6699
§ 6699. Application to municipal bylaws, ordinances, or charters; preemption
Status: in_force

(a) The General Assembly finds that the requirements of this subchapter are of statewide interest and, beginning on July 1, 2020, shall be applied uniformly in the State and shall occupy the entire field of regulation of single-use plastic carryout bags; single-use, recyclable paper carryout bags; single-use plastic straws; single-use plastic stirrers; and expanded polystyrene food service products.

(b) A municipal ordinance, bylaw, or charter adopted or enacted before July 1, 2020 that regulates or addresses the use, sale, or provision of single-use plastic carryout bags, single-use recyclable paper carryout bags, single-use plastic straws, single-use plastic stirrers, or expanded polystyrene food service products is preempted by the requirements of this subchapter, and a municipality shall not enforce or otherwise implement the ordinance, bylaw, or charter.
10 V.S.A. § 6615f — VT Code / Title 10 / Chapter 159 / Section 6615f
§ 6615f. Administrative use controls at contaminated sites
Status: in_force

(a) A petition for administrative use controls at a hazardous material contaminated site may be made by a person responding to a release at that site. The petition shall be made on a form developed by the Secretary that includes the following:

(1) a brief description of the contamination at the site and work completed under an approved corrective action plan;

(2) a legal description of the property or properties subject to administrative use controls;

(3) a digital map that shows the boundaries of the property or properties subject to the administrative use controls and any operational units on the property or properties where more detailed controls will be applied;

(4) a narrative description of the uses that are prohibited on the property under the administrative use control, including any specific restrictions applicable to operational units on the property;

(5) signatures of the property owner or persons with legal control of the property certifying that they accept the imposition of these administrative use controls on their property; and

(6) any other requirement that the Secretary requires by rule.

(b) The Secretary shall approve the administrative use controls upon finding:

(1) the administrative use controls adequately protect human health and the environment;

(2) the administrative use controls are consistent with requirements of the plan required by rules adopted pursuant to this chapter and approved by the Secretary; and

(3) the petition contains adequate information to ensure that current and future owners are aware of the restrictions.

(c) Administrative use controls may require:

(1) restrictions on the use of the property or operational units on the property where restrictions are placed;

(2) a right to access the property to ensure that the restrictions are maintained; and

(3) requirements to maintain the restrictions and report on their implementation.

(d) Administrative use controls shall be effective until a property owner or person with legal control petitions the Secretary for their removal. The Secretary shall remove the administrative use controls if the property owner:

(1) clearly demonstrates that the contamination that was the basis of the administrative use controls has naturally attenuated; or

(2) has completed a subsequent corrective action plan that either remediates the hazardous material below environmental media standards or requires alternate administrative use controls.
10 V.S.A. § 2510 — VT Code / Title 10 / Chapter 81 / Section 2510
§ 2510. Allocation of costs; budget; records; reports-Article X
Status: in_force

When appropriations for the support of this Commission or for the support of common services maintained by the Commission or a section thereof under the provisions of Article V are necessary, the Commission or section thereof shall allocate the costs among the states affected with consideration of the amounts of forested land in those states that will receive protection from the service to be rendered and the extent of the forest fire problem involved in each state, and shall submit its recommendations accordingly to the legislatures of the affected states.

The Commission shall submit to the governor of each state, at such time as he or she may request, a budget of its estimated expenditures for such period as may be required by the laws of such state for presentation to the legislature thereof.

The Commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time to the inspection of such representatives of the respective signatory states as may be duly constituted for that purpose.

On or before the first day of December of each year, the Commission shall submit to the respective governors of the signatory states a full and complete report of its activities for the preceding year.
10 V.S.A. § 1157 — VT Code / Title 10 / Chapter 45 / Section 1157
§ 1157. Authority of United States-Article VI
Status: in_force

Nothing contained in this compact shall be construed as a limitation upon the authority of the United States.
10 V.S.A. § 4150 — VT Code / Title 10 / Chapter 103 / Section 4150
§ 4150. Study of birds; dissemination of information
Status: in_force

The Ornithologist or his or her assistants shall investigate the distribution, food, and unity of the birds of the State, study regarding their relations to insects and other pests, and disseminate the information thus obtained for the benefit of the people of the State.
10 V.S.A. § 216 — VT Code / Title 10 / Chapter 12 / Section 216
§ 216. Authority; general powers
Status: in_force

The Authority is hereby authorized:

(1) To sue and be sued in its own name and plead and be impleaded; service of process upon it in any action shall be made by service upon the Secretary of State either in hand or by leaving a copy of the process at the Secretary's office.

(2) To adopt an official seal and alter the same.

(3) To adopt and from time to time amend bylaws and rules for the calling and conduct of its meetings and for the conduct of its affairs, including rules, policies, and procedures relating to applications for financial assistance and disclosure of information supplied to it.

(4) To establish reasonable priorities among the types and locations of projects to be undertaken or aided under this chapter, and to use its discretion in the selection and combining of programs to be utilized in the undertaking or aiding of such projects.

(5) To maintain its principal office in Washington County and other offices at such place or places as it may designate.

(6) To employ such employees, who may be in the classified system under 3 V.S.A. chapter 13 within the discretion of the Authority, and to employ or contract with agents, consultants, legal advisors, and other experts, as may be necessary or desirable for its purposes, to determine the qualifications, duties, and compensation of such employees, agents, consultants, legal advisors, and experts and to utilize the services of other governmental agencies and departments.

(7) To contract with the State of Vermont or any agency or political subdivision thereof, public corporations or bodies, private corporations, or individuals for any purposes related to industrial development.

(8) To borrow money, make and issue negotiable bonds, notes, commercial paper, and give other evidences of indebtedness or obligations, and give security therefor, including the sale, assignment, or pledge of the Authority's interest in loans. Such obligations may be incurred for any of the Authority's corporate purposes, including the expenses of preparing, issuing, and marketing obligations issued for such purposes, and the establishment of reserve funds, including reserve funds created under section 219 of this title. Such obligations shall be in such form and denominations, and with such terms and provisions, including the maturity date or dates, redemption provisions, and other provisions necessary or desirable. Such obligations shall be either taxable or tax-exempt, and shall be noninterest bearing, or bear interest at such rate or rates, which may be fixed or variable, as may be sufficient or necessary to effect the issuance and sale or resale thereof. The Authority is authorized to enter into such agreements with other persons as the Authority deems necessary or appropriate in connection with the issuance, sale, and resale of such obligations, including without limitation, trust indentures, bond purchase agreements, disclosure agreements, remarketing agreements, agreements providing liquidity or credit facilities, bond insurance, or other credit enhancements in connection with such obligations. The Authority is authorized to resell or retire any such notes prior to the stated maturity thereof.

(9) To make such charges against local development corporations as may be mutually agreed upon to assist in meeting the expenses of the Authority incurred under this chapter, including any interest charged by the State Treasurer.

(10) To administer its own funds and to invest or deposit funds that are not needed currently to meet the obligations of the Authority.

(11) To acquire, hold, and dispose of real and personal property; to enter into all contracts, leases, agreements, and arrangements and to do all lawful acts and things necessary or incidental to the performance of its duties and the execution of its powers under this chapter.

(12) To make such payments in lieu of taxes for highway maintenance, fire protection, or for other services as the Authority considers advisable, in the event property owned by the Authority is occupied in whole or in part.

(13) To cause to be incorporated in Vermont a nonprofit corporation that will qualify as a State development company under 15 U.S.C. § 695 and regulations promulgated pursuant thereto. The voting members of the Authority shall be members of the company and shall constitute the board of directors of the company. The company shall be organized and operate under the nonprofit corporation laws of the State of Vermont to the extent not inconsistent herewith. The Authority shall have the power to contract with the company to provide staff and management needs of the company. The Authority is authorized to contribute to the capital of the company in an amount the Authority determines is necessary and appropriate.

(14) To incorporate one or more nonprofit corporations in Vermont to fulfill the goals of this chapter. Such corporation shall be empowered to borrow money and to receive and accept gifts, grants, or contributions from any source, provided that such gifts, grants, or contributions are not less than $5,000.00 from any one source for the period of one year and provided that such nonprofit corporation provides business loans of not less than $2,500.00 to any particular entity or individual. The voting members of the Authority shall be directors of the corporation. The corporation shall be organized and operate under the nonprofit corporation laws of the State of Vermont. The Authority may contract with the corporation to provide staff and management needs of the company. The Authority may contribute to the capital of the corporation in an amount the Authority determines is necessary and appropriate.

(15) To delegate to loan officers the power to review, approve, and make loans under this chapter and to disburse funds on such loans as set forth in the policies and procedures of the Authority.

(16) To cause to be formed in Vermont a for-profit limited partnership, the purpose of which shall be to invest funds in commercial and agricultural enterprises that create job opportunities and support economic development. The Authority's investment in the partnership may not exceed $2,000,000.00. To manage the operations of and attract investors to the partnership, the Authority is further authorized to cause to be formed in Vermont a for-profit limited liability company. The Authority's investment in the limited liability company shall be determined by the Authority.

(17) To contribute to the capital of the Vermont Agricultural Credit Corporation established pursuant to chapter 16A of this title in an amount the Authority determines is necessary and appropriate.

(18) To contribute to the capital of the Vermont Sustainable Energy Loan Fund established under subchapter 13 of this chapter in an amount the Authority determines is necessary and appropriate.
10 V.S.A. § 1403 — VT Code / Title 10 / Chapter 48 / Section 1403
§ 1403. Closure of abandoned wells
Status: in_force

The Commissioner may order a person legally responsible for an abandoned well to close the abandoned well in accordance with the rules established by the Department for the purpose of groundwater protection. An order shall not be issued under this section until the person legally responsible for the abandoned well has been given notice and an opportunity for an informal conference with the Commissioner.
10 V.S.A. § 638 — VT Code / Title 10 / Chapter 25 / Section 638
§ 638. Notes and bonds as legal investments
Status: in_force

Notwithstanding any other law, the State and all public officers, governmental units, and agencies thereof, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, all credit unions, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, monies, or other funds belonging to them or within their control in any bonds or notes issued under this chapter, and the bonds or notes are authorized security for any and all public deposits.
10 V.S.A. § 580 — VT Code / Title 10 / Chapter 23 / Section 580
§ 580. 25 by 25 State goal
Status: in_force

(a) It is a goal of the State, by the year 2025, to produce 25 percent of the energy consumed within the State through the use of renewable energy sources, particularly from Vermont's farms and forests.

(b) By no later than January 15, 2009, the Secretary of Agriculture, Food and Markets, in consultation with the Commissioner of Public Service and the Commissioner of Forests, Parks and Recreation, shall present to the Committees on Agriculture and on Natural Resources and Energy of the General Assembly a plan for attaining this goal. Plan updates shall be presented no less frequently than every three years thereafter, and a progress report shall be due annually on January 15.

(c) By no later than January 15, 2009, the Department of Public Service shall present to the legislative committees on natural resources and energy an updated Comprehensive Energy Plan that shall give due consideration to the public engagement process required under 30 V.S.A. § 254 and under 2006 Acts and Resolves No. 208, Sec. 2. By that time, the Department of Public Service shall incorporate plans adopted under this section into the State Comprehensive Energy Plan adopted under 30 V.S.A. § 202b.
10 V.S.A. § 6647 — VT Code / Title 10 / Chapter 159 / Section 6647
§ 6647. Site investigation
Status: in_force

(a) The applicant shall submit a site investigation work plan to the Secretary. The work plan shall identify the person or persons who will conduct the site investigation. The work plan shall provide a site investigation that satisfies all the following objectives:

(1) defines the nature, source, degree, and extent of the contamination;

(2) defines all possible pathways for contaminant migration;

(3) presents data that quantify the amounts of contaminants migrating along each pathway;

(4) defines all relevant sensitive receptors;

(5) determines the risk of contamination to human health and the environment;

(6) identifies appropriate abatement, removal, remediation, and monitoring activities, taking into consideration the proposed redevelopment for the property supported by sufficient information;

(7) provides a preliminary recommendation supported by sufficient information.

(b) The Secretary shall evaluate the site investigation work plan and shall either approve, approve with conditions, or disapprove the site investigation work plan. If the Secretary approves the site investigation work plan with conditions or disapproves the work plan, the applicant shall submit a revised site investigation work plan for approval, or the applicant shall withdraw from the Program. The applicant shall submit any additional or corrected information requested by the Secretary at any time during the evaluation of the site investigation work plan.

(c) After approval of the site investigation work plan, the applicant shall implement the site investigation in accordance with the approved work plan.

(d) After completion of the site investigation, the applicant shall submit a site investigation report that describes the information gathered and provides recommendations that address the items identified in subsection (a) of this section. The Secretary may approve the site investigation report or, prior to approval, may require revisions to the report or further site investigation work under an amended site investigation work plan, or both.

(e) If the approved site investigation report concludes that no further investigation, abatement, removal, remediation, or monitoring activities are required to protect adequately human health and the environment and to meet all applicable remediation standards, then the applicant may request a determination from the Secretary that no additional investigation, abatement, removal, remediation, or monitoring activities are required. The Secretary may make that determination if the Secretary determines both of the following:

(1) Redevelopment and reuse of the property will not cause, allow, contribute to, worsen, or delay any release or threatened release of hazardous materials at the property.

(2) The releases or threatened releases that are not abated, removed, or remediated do not pose an unacceptable risk to human health, and the environment and applicable remediation standards are met.

(f) If the approved site investigation report concludes that abatement, removal, remediation, or monitoring activities are required to protect adequately human health and the environment and to meet all applicable remediation standards, the applicant shall submit a corrective action plan in accordance with section 6648 of this title.
10APPENDIX V.S.A. § 140 — VT Code / Title 10APPENDIX / Chapter 2 / Section 140
App. § 140. Commissioner's Rule Private Stocking of Fish in Public and Private Waters
Status: in_force

1.0 Authority.

1.1 Title 10 V.S.A. § 4081(a) provides that the protection, propagation, control, management, and conservation of fish, wildlife, and furbearing animals in Vermont is in the interest of public welfare and that the safeguarding of these valuable resources for the people of the state requires a constant and continual vigilance.

1.2 This rule is adopted in accordance with 10 V.S.A. § 4605(c) which authorizes the Commissioner to promulgate rules and require a permit prior to introducing of attempting to introduce fish species into waters of the State.

2.0 Purpose:

2.1 The purposes of this rule are to protect the health of Vermont's fish populations by preventing the introduction of fish species or pathogens that have the potential to cause harm to the fish populations of the state, and to implement the fish management objectives of the Department.

3.0 Definitions.

3.1 “Fish” means all live fresh- and salt-water fish species including viable fish ovum and viable fish semen.

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

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

3.4 “Permit” means the Fish Stocking Permit required under this rule.

3.5 “Person” means an individual, association, corporation, partnership, or municipality, or other entity.

3.6 “Private Fish Propagator” means a private fish culture facility that has been approved by the Department and has been issued a Vermont Fish Breeders License or Fish Importation Permit.

3.7 “Private Pond” means a body of standing water as defined by 10 V.S.A. § 1442(14), that is a natural water body of not more than 20 acres located on property owned by one person or an artificial water body of any size located on property owned by one person. A “private pond” shall include a reservoir specifically constructed for one of the following purposes: snowmaking, storage, golf course irrigation, stormwater management, or fire suppression.

3.8 “State” means State of Vermont.

3.9 “Stocking” means the intentional release of fish into Waters of the State of which they did not originate.

3.10 “Waters of the State” means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, and all bodies of surface waters, artificial or natural, which are contained within, flow through or border upon the State or any portion of it, as defined by 10 VSA § 1251(13).

4.0 Fish Stocking Permit Requirements.

4.1 A person shall not stock any Waters of the State, with any fish species or fish eggs without first obtaining a Fish Stocking Permit from the Commissioner of the Department, except that:

(a) A Fish Stocking Permit is not required to stock a Private Pond with no inlet or outlet with access to Waters of the State; however, other rules such as rules or statutes regarding possession and transport of fish may apply; and

(b) A person or Private Fish Propagator may stock a Private Pond with an inlet or outlet with access to Waters of the State; located on property owned by one person, with brook trout (Salvelinus fontinalis), brown trout (Salmo trutta), and rainbow trout (Oncorhynchus mykiss) without a permit provided that the person stocks no more than 4,000 fish annually to a single pond.

4.2 A person or Private Fish Propagator shall only stock brook trout, brown trout, or rainbow trout in Waters of the State.

4.3 The Commissioner may waive the permit requirement in 4.1 for persons cooperating or partnering with the Department.

4.4 If a permit is required under this rule, the person who owns the fish at the time of stocking shall apply for the permit.

4.5 Fish stocked in Waters of the State shall originate from Private Fish Propagators approved by the Department.

4.6 A person who purchases fish from a Private Fish Propagator, a Vermont Conservation District, or other approved source, and transports those fish themselves, shall be directly liable for compliance with the provisions of this rule.

4.7 This rule shall not apply to stocking conducted by Department staff or stocking conducted under the supervision of or at the direction of the Commissioner.

5.0 Permit Applications.

5.1 All applications for a Fish Stocking Permit shall be complete and submitted to the Department on an application form provided by the Department. For an application to be considered complete, it shall be legible, shall contain all information requested by the Department, shall contain no false statements, shall bear the applicant's official signature and shall be accompanied by the required application fee.

5.2 During review of an application, the Commissioner shall consider the following criteria:

(a) The water source and discharge location of the waterbody;

(b) Fish species and fish communities in connected waters or watershed;

(c) The health of native or naturalized fish species;

(d) Fisheries management activities and objectives in connected waters or watershed; and

(e) Any other information the Commissioner deems to be relevant to maintaining the health and management objectives of the Waters of the State to be stocked.

5.3 A permit issued under this subsection shall include conditions that ensure the health and safety of Vermont's fish communities.

6.0 Inspections.

6.1 Persons holding a Fish Stocking Permit shall allow inspection at reasonable times of their premises, facilities, records, and fish by the Commissioner or the Commissioner's designee(s).

6.2 The permittee shall retain a copy of the permit and make it available for inspection by the Commissioner or the Commissioner's designee(s).

6.3 The permittee shall possess a copy of the permit and exhibit upon request of the Commissioner or the Commissioner's designee(s) at the time of stocking.

7.0 Quarantine, Destruction or Sterilization Where Disease and/or Harmful Species are Present.

7.1 At the expense of the owner, the Department may require the seizure and/or destruction of any fish that the Commissioner determines:

(a) Has been stocked or possessed in violation of this rule or a permit issued under this rule,

(b) Poses a threat to Vermont fisheries, or

(c) Is confirmed to have a fish pathogen or disease.

7.2 The Commissioner may require commercial hatchery ponds or ponds under private ownership to be sterilized using a method approved by the Department at the expense of the owner if, upon inspection, a harmful fish pathogen or species is confirmed.
10 V.S.A. § 5507 — VT Code / Title 10 / Chapter 124 / Section 5507
§ 5507. Seizure
Status: in_force

A person convicted of violating a provision of this chapter shall forfeit to the Secretary the covered animal part or product that is the subject of the violation. The Secretary may:

(1) authorize that the covered animal part or product be maintained for educational or training purposes;

(2) authorize that the covered animal part or product be donated to a bona fide educational or scientific institution; or

(3) require that the covered animal part or product be destroyed.
10APPENDIX V.S.A. § 138 — VT Code / Title 10APPENDIX / Chapter 2 / Section 138
App. § 138. Hatchery Brook closure
Status: in_force

That portion of the so-called Hatchery Brook, located in the Town of Grand Isle to the south of the fish hatchery buildings, from the mouth of the brook at Gordon's Landing, Lake Champlain, upstream approximately 1,150 feet to the main hatchery driveway off Bell Hill Road shall be closed to all fishing. (1995, Fish and Wildlife Board Reg. No. 1012, eff. Jan. 2, 1996.)
10 V.S.A. § 499 — VT Code / Title 10 / Chapter 21 / Section 499
§ 499. Applications and licensing of official business directional signs
Status: in_force

(a) Any person who believes that he or she is eligible under section 489 of this title for an official business directional sign may submit a written application on a form prescribed by the Travel Information Council. The application shall set forth the name and address of the applicant; the name, nature, and location of the business; the location where an official business directional sign is desired; and such other information as the Council may require. The applicant shall tender with the application the standard license fee stated in section 501 of this title for each sign requested.

(b) Upon receipt of an application for an official business directional sign, the Travel Information Council shall refer the application to the appropriate district committee of the Travel Information Council with a report and the facts relative to the location. The committee shall approve or disapprove the application. The committee shall not approve an application unless the requested location conforms to the rules of the Agency of Transportation under section 490 of this title and of the Council and, in the case of town highways, of the town's selectboard, and the applicant is complying with all statutes and rules of the Departments of Health and Labor regarding places of public accommodation. If the application is approved, the Council shall issue the license and forward a copy to the division of the Agency of Transportation responsible for erection and maintenance of official highway signs. If it is not approved, the Travel Information Council shall return the application and fee, stating the reasons for refusal and giving the applicant opportunity to correct any defects or to be heard within 30 days by the Travel Information Council, and to present evidence, with or without counsel in his or her discretion. Upon written request, the Council shall hear the matter and notify the applicant of its findings and decision. The applicant may then appeal on questions of law to the Supreme Court.

(c) The Travel Information Council shall establish a procedure and schedule for periodic on-site evaluation of licenses that have been granted, to determine whether such licenses have been issued in conformance with the rules of the Agency of Transportation and the Travel Information Council under section 490 of this title.

(d) The Travel Information Council shall have the authority to deny renewal of those licenses that are found to violate the rules of the Agency of Transportation and the Travel Information Council. A licensee who is denied renewal shall have the right to appeal under subsection (b) of this section.
10 V.S.A. § 4555 — VT Code / Title 10 / Chapter 109 / Section 4555
§ 4555. Answers to uniform fish and wildlife informations
Status: in_force

(a) A person who is charged with committing a violation of this part may waive appearance and trial with the consent of the prosecuting attorney and plead guilty or nolo contendere by a signed statement. The person shall submit a fine in an amount as established under subsection (b) of this section with the signed statement. The court shall accept the signed statement accompanied by the fine assessed as a plea of guilty or nolo contendere as indicated on the signed statement and shall proceed accordingly.

(b) Three Criminal Division of the Superior Court judges appointed by the Court Administrator shall establish schedules, within the limits prescribed by law, of the amount of fines to be imposed. The fines shall be paid to, receipted by, and accounted for by the clerk in the same manner as other fines. A game warden or law enforcement officer who issues an information shall advise the defendant of the schedule of fines and show him or her a copy of that schedule.

(c) If a defendant fails to answer or appear as directed on the uniform fish and wildlife information or by the Criminal Division of the Superior Court judge or fails to pay the fine after judgment, the Commissioner shall suspend the hunting, fishing, and trapping license or the privilege of the defendant to take wild animals in this State until the defendant answers, appears, or pays the fine.
10 V.S.A. § 1528 — VT Code / Title 10 / Chapter 53 / Section 1528
§ 1528. Beverage registration
Status: in_force

No distributor or manufacturer shall sell a beverage container in the State of Vermont without the manufacturer registering the beverage container with the Agency of Natural Resources prior to sale, unless distributed by the Department of Liquor and Lottery. This registration shall take place on a form provided by the Secretary and include the following:

(1) the name and principal business address of the manufacturer;

(2) the name of the beverage and the container size;

(3) whether the beverage is a part of an approved commingling agreement; and

(4) the name of the person picking up the empty beverage container, if that person is different from the manufacturer.
10 V.S.A. § 4786 — VT Code / Title 10 / Chapter 113 / Section 4786
§ 4786. Game suppers
Status: in_force

(a) Notwithstanding any provision of law to the contrary, game suppers may be held at any time by a church, volunteer fire department, rod and game club, or other nonprofit organization under permit issued by a fish and wildlife warden, the Commissioner, or a designee of the Commissioner.

(b) Wild animals and fish legally taken in this State, or another state or country, may be transported and sold as part of a game supper authorized by permit. Big game provided by the Department may also be sold at such suppers. Migratory waterfowl and anadromous salmon shall not be sold.

(c) The permit for a game supper required by this section shall state the name of the organization holding the supper, and the date and place of the supper. The permit shall be applied for no later than 10 days before the date of the supper.
10 V.S.A. § 11 — VT Code / Title 10 / Chapter 1 / Section 11
§ 11. Treasurer's Local Investment Advisory Committee
Status: in_force

(a) Creation of committee. The Treasurer's Local Investment Advisory Committee is established to advise the Treasurer on funding priorities and address other mechanisms to increase local investment.

(b) Membership.

(1) The Advisory Committee shall be composed of six members as follows:

(A) the State Treasurer or designee;

(B) the Chief Executive Officer of the Vermont Economic Development Authority or designee;

(C) the Chief Executive Officer of the Vermont Student Assistance Corporation or designee;

(D) the Executive Director of the Vermont Housing Finance Agency or designee;

(E) the Director of the Municipal Bond Bank or designee; and

(F) the Director of Efficiency Vermont or designee.

(2) The State Treasurer shall be the Chair of the Advisory Committee and shall appoint a vice chair and secretary. The appointed members of the Advisory Committee shall be appointed for terms of six years and shall serve until their successors are appointed and qualified.

(c) Powers and duties. The Advisory Committee shall:

(1) meet regularly to review and make recommendations to the State Treasurer on funding priorities and using other mechanisms to increase local investment in the State of Vermont;

(2) invite regularly State organizations, citizens' groups, and members of the public to Advisory Committee meetings to present information on needs for local investment, capital gaps, and proposals for financing; and

(3) consult with constituents and review feedback on changes and needs in the local and State investment and financing environments.

(d) Meetings.

(1) Meetings of the Advisory Committee shall occur at the call of the Treasurer.

(2) A majority of the members of the Advisory Committee who are physically present at the same location or available electronically shall constitute a quorum, and a member may participate and vote electronically.

(3) To be effective, action of the Advisory Committee shall be taken by majority vote of the members at a meeting in which a quorum is present.

(e) Report. On or before January 15, the Advisory Committee annually shall submit a report to the Senate Committees on Appropriations, on Economic Development, Housing and General Affairs, on Finance, and on Government Operations and the House Committees on Appropriations, on Commerce and Economic Development, on Ways and Means, and on Government Operations. The report shall include the following:

(1) the amount of the subsidies associated with lending through each credit facility authorized by the General Assembly and established by the Treasurer;

(2) a description of the Advisory Committee's activities; and

(3) any information gathered by the Advisory Committee on the State's unmet capital needs, and other opportunities for State support for local investment and the community.
10 V.S.A. § 7103 — VT Code / Title 10 / Chapter 164 / Section 7103
§ 7103. Multistate clearinghouse
Status: in_force

The Agency is authorized to participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this chapter, to coordinate State review of manufacturer notification under section 7104 of this title, applications for alternative product labeling under section 7106 of this title, exemption requests from product sale restrictions under section 7105 of this title, education and outreach activities, and to coordinate any other activities related to the administration of this chapter. Notwithstanding 1 V.S.A. § 317, the Agency may provide the multistate clearinghouse with product information submitted to the Department under section 7104 of this title, and the Agency and the multistate clearinghouse may compile or publish analyses or summaries of such information, provided the analyses or summaries do not identify any manufacturer or reveal any confidential information.
10 V.S.A. § 1926 — VT Code / Title 10 / Chapter 59 / Section 1926
§ 1926. Unused and abandoned tanks
Status: in_force

(a) Any underground storage tank that does not meet new construction standards as prescribed by the rules, and that has not been used for a period of one year shall be closed in accordance with tank closure requirements prescribed by the rules. Any underground storage tank that has not been used for a period of one year may be closed in accordance with tank closure requirements prescribed by rules adopted under this chapter.

(b) The responsibility for the closure of an underground storage tank shall rest with:

(1) the person who owned the tank immediately before its use was discontinued; and

(2) any subsequent purchaser of the tank or the property on which the tank is located, if the purchaser knew or had reason to know of the existence of the tank prior to the purchase.

(c) The person identified in subdivision (b)(2) of this section shall have the primary responsibility for closure, except that a secured lender who acquires record title to the property on which the tank is located, through or incident to foreclosure, shall not have responsibility under this section, provided that the secured lender discloses in writing the presence of the unused underground tank or tanks to the subsequent buyer, and, within 30 days of the date the secured lender becomes record title holder of the property, the secured lender takes all of the following actions:

(1) the contents of the tank or tanks are removed such that less than one inch or 0.3 percent by weight of the tank's capacity remains in the tank;

(2) all fill pipes, gauge openings, manways, and other openings are secured to prevent infiltration from rainwater, surface runoff, and accidental deliveries; and

(3) the vent line is left open and functioning and is secured to prevent infiltration from rainwater and debris.

(d) If the persons described in subdivisions (b)(1) and (2) of this section are unknown or cannot be contacted, or if the person owning the land on which the tank is located does not allow access to the tank, the person owning the land on which the tank is located, upon direction of the Secretary, shall close the tank. If the following conditions are met, the Secretary shall draw upon the Petroleum Cleanup Fund established by section 1941 of this title in order to reimburse the person owning the land for the reasonable costs of that action and the Secretary shall not seek repayment to the Fund from the person owning the land:

(1) the person owning the land can establish that after making a diligent and appropriate investigation he or she had no knowledge or reason to know of the existence of an underground storage tank; and

(2) the person owning the land has given all reasonable assistance in the closing of the tank; and

(3) the person owning the land is directed in writing by the Secretary to close the tank, and does so.
10 V.S.A. § 4522 — VT Code / Title 10 / Chapter 109 / Section 4522
§ 4522. Unclaimed evidence
Status: in_force

(a) Notwithstanding 27 V.S.A. chapter 14, upon final disposition of a charge relating to a violation of this part, a person shall reclaim and remove his or her property seized as evidence of the violation from the fish and wildlife warden or officer in possession of the property, or risk forfeiture of the property as provided in this section.

(b) At any time after the final disposition of a charge relating to a violation of this part, the Commissioner may serve notice upon the defendant, stating that the property shall be forfeited unless the defendant reclaims and removes the property within 60 days of receipt of written notice.

(c) Written notice may be delivered personally or by certified mail. If notice is provided by mail, notice shall be deemed received three days after mailing by the Department. Written notice that is mailed shall be sent to the defendant at the address indicated on the citation on which the seizure was based.

(d) Property unclaimed after 60 days from the date of receipt of notice shall be forfeited to the State and, at the discretion of the Commissioner, may be destroyed, sold, or donated to a governmental entity, nonprofit organization, or children's camp.

(e) If the State has knowledge that the seized property is owned by a person other than the defendant and the State wishes to dispose of the property, the State shall make a reasonable attempt to identify the owner and provide notice to that person in accordance with subsections (b) and (c) of this section.

(f) A person claiming to be the bona fide owner of the seized property who is not the defendant may provide evidence of ownership to the fish and wildlife warden or officer in possession of the property, and, if satisfied that the person is the bona fide owner, the warden or officer shall release the property to such person.

(g) After final disposition of a charge related to the seizure of the property, if the owner of the seized property is unknown, the Commissioner may publish notice twice, 14 days apart, in a newspaper of general circulation in the county where the evidence was seized. The notice shall include a description of the property, and if known, the date when the property was seized and the place where the property was seized. The notice shall state that the property is in the possession of the Commissioner, and that claims should be directed to the Commissioner. If no person claims the property within 60 days of the date of the first publication of notice, the property shall be forfeited to the Commissioner. At the discretion of the Commissioner, the property may be destroyed, sold, or donated to a governmental entity, nonprofit organization, or children's camp.

(h) This section shall not apply to property seized as evidence of a violation of section 4513, 4606, or 4747 of this title.

(i) Proceeds realized from property that the Commissioner has sold under this section shall be deposited in the Fish and Wildlife Fund.
10 V.S.A. § 8010 — VT Code / Title 10 / Chapter 201 / Section 8010
§ 8010. Administrative penalties
Status: repealed

(a) An administrative penalty may be included in an administrative order issued under section 8008 of this title or in an emergency administrative order issued under subdivision 8009(a)(1) or (3) of this title. An order assessing administrative penalties shall be accompanied by an affidavit setting forth the facts establishing the date of violation.

(b) In determining the amount of the penalty, the Secretary shall consider the following:

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

(2) the presence of mitigating circumstances, including unreasonable delay by the Secretary in seeking enforcement;

(3) whether the respondent knew or had reason to know the violation existed;

(4) the respondent's record of compliance;

(5) [Repealed.]

(6) the deterrent effect of the penalty;

(7) the State's actual costs of enforcement; and

(8) the length of time the violation has existed.

(c)(1) A penalty of not more than $42,500.00 may be assessed for each determination of a separate violation. In addition, if the Secretary determines that a violation is continuing, the Secretary may assess a penalty of not more than $17,000.00 for each day the violation continues. The maximum amount of penalty assessed under this subsection shall not exceed $170,000.00.

(2) In addition to any penalty assessed under subdivision (1) of this subsection, the Secretary may also recapture economic benefit resulting from a violation up to the $170,000.00 maximum allowed under subdivision (1) of this subsection.

(d) Notwithstanding the provisions of subsection 8003(b) of this title, imposition of an administrative penalty under this section precludes imposition of any other administrative or civil penalty under any other provisions of law for the same violation.

(e) Penalties assessed under this section shall be deposited in the General Fund, except for:

(1) those penalties that are assessed as a result of a municipality's enforcement action under chapter 64 of this title, in which case the municipality involved shall receive the penalty monies; and

(2) those penalties that are assessed as a result of the State's actual cost of enforcement in accordance with subdivision (b)(7) of this section, in which case the penalties shall be paid directly to the Agency of Natural Resources.
10 V.S.A. § 1454 — VT Code / Title 10 / Chapter 50 / Section 1454
§ 1454. Transport of aquatic plants and aquatic nuisance species
Status: in_force

(a) Transport of aquatic nuisance species; prohibition. A person shall not transport an aquatic plant, aquatic plant part, or aquatic nuisance species to or from any Vermont water. This section shall not restrict:

(1) proper harvesting or other control activities undertaken for the purpose of eliminating or controlling the growth or propagation of aquatic nuisance species; or

(2) proper collection of water samples for the purpose of water quality monitoring.

(b) Inspection of vessel entering or leaving water. A person transporting a vessel to or from a water shall, prior to launching the vessel and upon leaving a water, inspect the vessel, the motor vehicle transporting the vessel, the trailer, and other equipment, and shall remove and properly dispose of any aquatic plants, aquatic plant parts, and aquatic nuisance species.

(c) No-cost boat wash; aquatic nuisance species inspection station. It shall be a violation of this section for a person transporting a vessel to or from a water to not have the vessel, the motor vehicle transporting the vessel, the trailer, and other equipment inspected and decontaminated at an approved aquatic nuisance species inspection station prior to launching the vessel and upon leaving a water if:

(1) an aquatic nuisance species inspection station is maintained at the area where the vessel is entering or leaving the water;

(2) the aquatic nuisance species inspection station is open; and

(3) an individual operating the aquatic nuisance species inspection station identifies the vessel for inspection or decontamination.

(d) Draining of vessel; transport.

(1)(A) When leaving a water of the State and prior to transport away from the area where the vessel left the water, a person operating a vessel shall drain the vessel, trailer, and other equipment of water, including water in live wells, ballast tanks, and bilge areas. A person is not required to drain:

(i) baitboxes when authorized under 10 App. V.S.A. § 122(5) to transport bait in a baitbox away from a water; or

(ii) vehicles and trailers specifically designed and used for water hauling.

(B) A person operating a vessel shall drain the vessel, trailer, and other equipment of water in a manner to avoid a discharge to the water of the State. This subdivision (d)(1) does not authorize a person to discharge waste, as defined in section 1251 of this title, to waters of the State. A person shall dispose of waste in the manner required by law.

(2) When a person transports a vessel, the person shall remove or open the drain plugs, bailers, valves, and other devices that are used to control the draining of water from ballast tanks, bilge areas, and live wells of the vessel, trailer, and other equipment, except for vehicles and trailers specifically designed and used for water hauling and emergency response vehicles and equipment.

(e) Presumption of compliance; aquatic nuisance species inspection station. A person transporting a vessel to or from a water will be presumed to have not violated subsections (a), (b), and (d) of this section if, upon launching a vessel and upon leaving a water, the vessel is decontaminated at an approved aquatic nuisance inspection station. If staff of an approved aquatic nuisance inspection station observe a violation of subsection (a), (b), or (d) of this section, staff shall notify the person transporting the vessel.

(f) Exceptions to transport prohibition. The Secretary may allow the transport of aquatic plants, aquatic plant parts, or aquatic nuisance species for scientific purposes, educational purposes, or other purposes specifically authorized by the Secretary. When allowing the transport of aquatic plants, aquatic plant parts, or aquatic nuisance species under this subsection, the Secretary shall take into consideration both the value of the scientific or educational purpose and the risk to Vermont surface waters posed by the transport and ultimate use of the specimens. A letter from the Secretary authorizing the transport must accompany the specimens during transport.

(g) Signage; access areas and marinas. Signage shall be posted at all public access and landing areas regulated under section 4145 of this title and at all marinas regarding the requirements of subsections (a)-(d) of this section relating to aquatic nuisance transport and inspection and decontamination of vessels, motor vehicles transporting vessels, trailers, or other equipment. The Secretary shall provide marinas with the signs required under this section.

(h) Violations. Pursuant to 4 V.S.A. § 1102, a violation of this section may be brought in the Judicial Bureau by any law enforcement officer, as that term is defined in 23 V.S.A. § 3302(2), or, pursuant to section 8007 or 8008 of this title, a violation of this section may be brought in the Environmental Division of the Superior Court. If a violation of this section is adjudicated in the Judicial Bureau or the Environmental Division, the violation shall not be addressed or adjudicated a second time in the other court.
10 V.S.A. § 1312 — VT Code / Title 10 / Chapter 47 / Section 1312
§ 1312. Lake in crisis order
Status: in_force

The Secretary of Natural Resources, pursuant to chapter 201 of this title, or the Secretary of Agriculture, Food and Markets, pursuant to 6 V.S.A. chapter 215, may issue an order to require a person to:

(1) take an action identified in the lake in crisis response plan;

(2) cease or remediate any acts, discharges, site conditions, or processes contributing to the impairment of the lake in crisis;

(3) mitigate a significant contributor of a pollutant to the lake in crisis; or

(4) conduct testing, sampling, monitoring, surveying, or other analytical operations required to determine the nature, extent, duration, or severity of the potential harm to the public health or a risk of damage to the environment or natural resources.
10 V.S.A. § 1940 — VT Code / Title 10 / Chapter 59 / Section 1940
§ 1940. Underground storage tank incentive program
Status: in_force

(a) The owners of a retail gasoline outlet that sells less than 20,000 gallons of gasoline per month and that desire assistance to replace underground storage tanks in compliance with this chapter, and municipalities with a population of less than 2,500 people may apply to the Secretary for such assistance. The financial assistance may be in the form of grants of up to $5,000.00 or the cost of complying with the requirements of this chapter, whichever is less.

(b) The application shall be supported by information covering:

(1) proof of tank ownership;

(2) an estimated cost of tank replacement;

(3) the amount and type of assistance requested;

(4) a tank replacement schedule;

(5) in the case of gasoline stations, the monthly volume of gasoline sales for the previous 12 months;

(6) such other information and assurances as the Secretary may require.

(c) In cases of applications from the owners of retail gasoline outlets, priority shall be given to those applicants from areas with a low density of retail gasoline outlets and for whom the expense of tank replacement is likely to cause termination of retail gasoline services.

(d) Assistance in accordance with this section shall be provided from funds authorized for this purpose from the oil overcharge funds.
10 V.S.A. § 725 — VT Code / Title 10 / Chapter 31 / Section 725
§ 725. Uniformity of rules
Status: in_force

The rules shall be uniform throughout the district, except that the supervisors may classify, prior to the adoption of such ordinances, the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors, and may provide rules varying with the type or class of land affected, but uniform as to the lands within each class or type, provided however, that such classification has first been included in the notice published for such meeting. Copies of land-use rules adopted under the provisions of this chapter shall be made available to all owners and persons in possession of lands lying within the district, but such ordinances shall not apply to forestlands.
10 V.S.A. § 551 — VT Code / Title 10 / Chapter 23 / Section 551
§ 551. Declaration of policy and purpose
Status: in_force

(a) It is hereby declared to be the public policy of this State and the purpose of this chapter to achieve and maintain such levels of air quality as will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of this State, and facilitate the enjoyment of the natural attractions of this State.

(b) It is also declared that local and regional air pollution control programs are to be supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality.

(c) To these ends it is the purpose of this chapter to provide for a coordinated statewide program of air pollution prevention, abatement, and control, for an appropriate distribution of responsibilities among the State and local units of government, and to facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions, and to provide a framework within which all values may be balanced in the public interest.
10 V.S.A. § 2606a — VT Code / Title 10 / Chapter 83 / Section 2606a
§ 2606a. Mountaintop use as communications sites
Status: repealed

(a) State policy. It is hereby adopted as State policy to permit limited use of designated State-owned land under the jurisdiction of the Department for electronic communications broadcasting by both public and private entities. Use of the designated sites shall be in compliance with the policy set forth herein under the management of government and private users of the mountaintops. This policy implementation has the objectives of:

(1) protecting State-owned mountaintops from the development of new communications facilities that have a significant adverse environmental impact;

(2) protecting mountaintop communication signals from interference by existing or subsequent users; and

(3) maximizing use of limited mountaintop facilities through consolidation of equipment, efficient development and economic management of each site.

(b) Specific sites.

(1) Mountaintop designation. The State-owned mountaintops to which this section shall apply are: Ascutney Mountain North Peak and Ascutney Mountain South Peak, Burke Mountain, Okemo Mountain, and Killington Mountain.

(2)-(5) [Repealed.]
10 V.S.A. § 1522a — VT Code / Title 10 / Chapter 53 / Section 1522a
§ 1522a. Rules
Status: in_force

The Secretary may adopt rules, in accordance with 3 V.S.A. chapter 25, necessary for the administration of this chapter. These rules may include the following:

(1) Provisions to ensure that beverage containers not labeled in accordance with section 1524 of this title are not redeemed.

(2) Provisions to ensure that beverage containers are commingled.

(3) Administrative penalties for the failure by a redemption center or retailer to remove beverage containers that are not labeled prior to pickup by a distributor or manufacturer. Penalties may include nonpayment of the deposit and handling fee established under section 1522 of this title for a reasonable period of time and for the number of beverage containers that were not labeled.

(4) Any other provision that may be necessary for the implementation of this chapter.
10 V.S.A. § 2721 — VT Code / Title 10 / Chapter 85 / Section 2721
§ 2721. Vermont Forestry and Forest Products Viability Program
Status: in_force

(a) The Vermont Forestry and Forest Products Viability Program is a voluntary program established at the Department of Forests, Parks and Recreation to provide assistance to Vermont timber harvesters, foresters, and forest products manufacturers to enhance the financial success and long-term viability of the Vermont forest products industry. In administering the Program, the Commissioner shall:

(1) Collaborate with the Vermont Housing and Conservation Board, the members of the Vermont Wood Products Marketing Council, the Vermont Woodlands Association, the Vermont Loggers Association, State agencies, federal agencies, private entities, and service groups to develop, coordinate, and provide technical and financial assistance to Vermont timber harvesters, foresters, and forest products manufacturers.

(2) Include teams of experts to assist timber harvesters, foresters, and forest products manufacturers in areas such as assessing business resources and potential; researching, developing, and adopting new technologies; improving product quality; developing value-added products; finding and reaching new markets; improving and refining existing markets; and lowering costs of production for Vermont's forest products sector.

(3) Encourage economic development through investing in improvements to essential infrastructure and the promotion of timber harvesters, foresters, and forest products manufacturers in Vermont.

(4) Enter into agreements with private organizations or individuals or with any agency or instrumentality of the United States or of this State and employ technical experts to carry out the purposes of this section.

(5) In consultation with the Vermont Housing and Conservation Board, other State agencies, foresters, harvesters, and forest products manufacturers, establish:

(A) enrollment criteria for the Forestry and Forest Products Viability Program created by this section;

(B) criteria for awarding grants from the Forestry and Forest Products Viability Program Special Fund created by subsection (b) of this section. The grant criteria shall include at least the following requirements:

(i) the grant recipients shall be enrolled in and committed to participating in the Forestry and Forest Products Viability Program;

(ii) the grant application is developed in consultation with timber harvesters, foresters, or forest products manufacturers;

(iii) the use of the funds will improve the economic viability of a timber harvester, forester, or forest products manufacturer;

(C) performance goals, performance measures that demonstrate Program results, and other criteria to implement and evaluate the effectiveness of the Forestry and Forest Products Viability Program.

(b)(1) The Forestry and Forest Products Viability Program Special Fund is established in the State Treasury and shall be administered by the Commissioner of Forests, Parks and Recreation in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5, except that interest earned on the Fund shall be retained in the Fund. The Fund shall be used only for the purpose of implementing and effectuating the Forestry and Forest Products Viability Program established by this section. Any monies appropriated by the General Assembly or received by the Commissioner of Forests, Parks and Recreation for this Program from any other source, public or private, shall be deposited in the Fund. The Fund shall be used only for the purposes of:

(A) providing funds for the Forestry and Forest Products Viability Program as established in this section;

(B) providing funds to enrolled timber harvesters, foresters, or forest products manufacturers;

(C) providing funds to service providers for administrative expenses of the program; and

(D) leveraging other competitive public and private funds, grants, and contributions for the Forestry and Forest Products Viability Program.

(2) The Commissioner of Forests, Parks and Recreation may solicit federal funds, grants, and private contributions for the Forestry and Forest Products Viability Program.

(c) The Commissioner of Forests, Parks and Recreation shall report in writing to the Senate Committees on Agriculture and on Natural Resources and Energy and the House Committees on Agriculture and Forestry, on Energy and Technology, and on Natural Resources, Fish, and Wildlife on or before January 31 of each year on the activities and performance of the Forestry and Forest Products Viability Program. 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. At a minimum, the report shall include:

(1) an evaluation of the Program utilizing the performance goals and performance measures established pursuant to subdivision (a)(5)(C) of this section;

(2) a summary of the money received in the Fund and expended from the Fund;

(3) an estimate of the financial impact of the Vermont Forestry and Forest Products Viability Program on the forestry and forest products industries;

(4) an assessment of the potential demand for the Program over the succeeding three years; and

(5) a listing of individuals, trade associations, and other persons or entities consulted in preparation of the report.
10 V.S.A. § 694 — VT Code / Title 10 / Chapter 29 / Section 694
§ 694. Eligibility; application procedure
Status: in_force

(a) A municipality shall be eligible to apply for job development zone status if it has a population of at least 2,000 and meets two of the following three criteria:

(1) it has a per capita income at least ten percent lower than the statewide per capita income;

(2) it has had an employment loss;

(3) it has an area unemployment rate at least 33 percent higher than the statewide rate.

(b) The Agency shall solicit applications from eligible municipalities. Any eligible municipality desiring to receive designation as the job development zone shall complete and submit an application in a manner as shall be prescribed by the Secretary.

(c) Applications for job development zone status will be rated by the Vermont Community Development Board established by section 685 of this title on the basis of applicants' ability to implement and administer a successful job development zone program, the quality of applicants' plans for conducting a job zone program, the level of support and commitment of resources demonstrated by the applicant during the application process, and the need of the applicant community for job development zone status.

(d) The job development zone may geographically include a municipality or a portion of a municipality, or a combination of contiguous municipalities or portions of municipalities if so approved by the Secretary.

(e) The Secretary shall review the recommendations of the Vermont Community Development Board and make the final designation of the job development zones.
10 V.S.A. § 5228 — VT Code / Title 10 / Chapter 119 / Section 5228
§ 5228. A fee fishing business; permit
Status: in_force

(a) The Commissioner may issue a permit to operate a fee fishing business that shall entitle the holder and the holder's clients to take fish from the holder's private pond. The Commissioner may issue a permit that shall continue for one year upon the payment of a fee of $50.00. The permit may be renewed annually for $50.00 per year.

(b) Fish in the private pond shall come from a propagation farm permitted under section 5207 of this title or shall have been imported under a permit obtained pursuant to section 4605 of this title. No live fish shall be taken from the fee fishing premises.

(c) Fish taken under this section may be taken without regard to creel limits.

(d) A person fishing under the permit issued under this section is not required to hold a fishing license pursuant to chapter 105 of this title. The Commissioner may, in consultation with the industry, conduct surveys to assess the impact on fishing license sales. A person holding a permit issued under this section shall respond to questions asked in a survey conducted pursuant to this subsection.

(e) The Commissioner shall adopt rules governing operation of fee fishing businesses that are necessary to ensure that operators, growers, and fishery resources of the State are protected. The rules may include mandatory testing of fish health and imposition of a prohibition on the moving or harvesting of any fish from a fee fishing business found to contain fish that carry an infectious disease.
10 V.S.A. § 1382 — VT Code / Title 10 / Chapter 47 / Section 1382
§ 1382. Prohibitions
Status: in_force

(a) No household cleansing products containing a phosphorus compound in concentrations in excess of a trace quantity may be distributed, sold, offered for sale at retail or wholesale, exposed for sale at retail or wholesale, or used in a commercial establishment in this State, except as set forth in subsections (b) and (c) of this section.

(b) No household cleansing product used in a dishwasher in a commercial establishment, used to cleanse food and beverage processing equipment, including dishes, pots, pans, and utensils, used to cleanse medical or surgical equipment, or used to cleanse dairy equipment may be distributed, sold, offered for sale at retail or wholesale, exposed for sale at retail or wholesale, or used in a commercial establishment if it contains a phosphorus compound in concentrations in excess of 8.7 percent by weight expressed as elemental phosphorus.

(c) As of July 1, 2010, no household cleansing product used in a residential dishwasher may be distributed, sold, offered for sale at retail or wholesale, or exposed for sale at retail or wholesale if it contains a phosphorus compound in concentrations in excess of a trace quantity, except for product inventory purchased by retailers prior to July 1, 2010.

(d) The provisions of this section shall not be construed to limit the phosphorus content of household cleansing products used in agricultural production and for cleansing equipment used in processing of agricultural products.

(e) The provisions of this section shall not be construed to limit the phosphorus content of household cleaning products approved by the Commissioner of Health for use in lead hazard management projects.
10 V.S.A. § 2662 — VT Code / Title 10 / Chapter 83 / Section 2662
§ 2662. Control measures
Status: in_force

(a) Whenever the Commissioner finds that an area in the State is infested or threatened to be infested with forest pests, he or she shall determine whether measures of control are needed and are available and the area over which the control measures shall be applied. The Commissioner shall prescribe a proposed zone of infestation covering the area in which control measures are to be applied, and shall publish notice of the proposal in one or more newspapers having a general circulation in the area in which control measures are to be undertaken.

(b) The notice shall include a brief description of the location of the proposed zone of infestation and the approximate time when control measures will be executed.
10 V.S.A. § 6086b — VT Code / Title 10 / Chapter 151 / Section 6086b
§ 6086b. Downtown development; findings; master plan permits
Status: in_force

(a) Findings and conclusions. Notwithstanding any provision of this chapter to the contrary, each of the following shall apply to a development or subdivision that is completely within a downtown development district designated under 24 V.S.A. chapter 76A and for which a permit or permit amendment would otherwise be required under this chapter:

(1) In lieu of obtaining a permit or permit amendment, a person may request findings and conclusions from the District Commission, which shall approve the request if it finds that the development or subdivision will meet subdivisions 6086(a)(1) (air and water pollution), (2) (sufficient water available), (3) (burden on existing water supply), (4) (soil erosion), (5) (traffic), (8) (aesthetics, historic sites, rare and irreplaceable natural areas), (8)(A) (endangered species; necessary wildlife habitat), (9)(B) (primary agricultural soils), (9)(C) (productive forest soils), (9)(F) (energy conservation), and (9)(K) (public facilities, services, and lands) of this title.

(2) The request shall be complete as to the criteria listed in subdivision (1) of this subsection and need not address other criteria of subsection 6086(a) of this title.

(A) The requestor shall file the request in accordance with the requirements of subsection 6084(a) of this title and the requestor shall provide a copy of the request to each agency and department listed in subdivision (3) of this section.

(B) Within 10 days of the request's filing, the District Coordinator shall determine whether the request is complete. Within 10 days of the date the District Coordinator determines the request to be complete, the District Commission shall provide notice of the complete request to each person required to receive a copy of the filing under subdivision (2)(A) of this section and to each adjoining property owner and shall post the notice and a copy of the request on the Board's web page.

(3) Within 30 days of receiving notice of a complete request:

(A) The State Historic Preservation Officer or designee shall submit a written recommendation on whether the improvements will have an undue adverse effect on any historic site.

(B) The Commissioner of Public Service or designee shall submit a written recommendation on whether the improvements will meet or exceed the applicable energy conservation and building energy standards under subdivision 6086(a)(9)(F) of this title.

(C) The Secretary of Transportation or designee shall submit a written recommendation on whether the improvements will have a significant impact on any highway, transportation facility, or other land or structure under the Secretary's jurisdiction.

(D) The Commissioner of Buildings and General Services or designee shall submit a written recommendation on whether the improvements will have a significant impact on any adjacent land or facilities under the Commissioner's jurisdiction.

(E) The Secretary of Natural Resources or designee shall submit a written recommendation on whether the improvements will have a significant impact on any land or facilities under its jurisdiction or on any important natural resources, other than primary agricultural soils. In this subdivision (E), “important natural resources” shall have the same meaning as under 24 V.S.A. § 2791.

(F) The Secretary of Agriculture, Food and Markets or designee shall submit a written recommendation on whether the improvements will reduce or convert primary agricultural soils and on whether there will be appropriate mitigation for any reduction in or conversion of those soils.

(4) Any person may submit written comments or ask for a hearing within 30 days of the date on which the District Commission issues notice of a complete request. If the person asks for a hearing, the person shall include a petition for party status in the submission. The petition for party status shall meet the requirements of subdivision 6085(c)(2) of this title.

(5) The District Commission shall not hold a hearing on the request unless it determines that there is a substantial issue under one or more applicable criteria that requires a hearing. The District Commission shall hold any hearing within 20 days of the end of the comment period specified in subdivisions (3) and (4) of this section. Subdivisions 6085(c)(1)-(5) of this title shall govern participation in a hearing under this section.

(6) The District Commission shall issue a decision within 60 days of issuing notice of a complete request under this section or, if it holds a hearing, within 15 days of adjourning the hearing. The District Commission shall send a copy of the decision to each State agency listed in subdivision (3) of this section, to the municipality, to the municipal and regional planning commissions for the municipality, and to each person that submitted a comment, requested a hearing, or participated in the hearing, if any. The decision may include conditions that meet the standards of subsection 6086(c) of this title.

(7) The requestor may waive the time periods required under subdivisions (3), (4), and (6) of this section as to one or more agencies, departments, the District Commission, the District Coordinator, or other persons. Such a waiver shall extend the applicable and subsequent time periods by the amount of time waived. In the absence of a waiver under this subdivision, the failure of a State agency to file a written determination or a person to submit a comment or ask for a hearing within the time periods specified in subdivisions (3) and (4) of this section shall not delay the District Commission's issuance of a decision on a complete request.

(b) Master plan permits.

(1) Any municipality within which a downtown development district or neighborhood development area has been formally designated pursuant to 24 V.S.A. chapter 76A may apply to the District Commission for a master plan permit for that area or any portion of that area pursuant to the rules of the Board. Municipalities making an application under this subdivision are not required to exercise ownership of or control over the affected property.

(2) Subsequent development of an individual lot within the area of the master plan permit that requires a permit under this chapter shall take the form of a permit amendment.

(3) In neighborhood development areas, subsequent master plan permit amendments shall only be issued for development that is housing.

(4) In approving a master plan permit and amendments, the District Commission may include specific conditions that an applicant for an individual project permit shall be required to meet.

(5) For a master plan permit issued pursuant to this section, an application for an amendment may use the findings issued in the master plan permit as a rebuttable presumption to comply within any applicable criteria under subsection 6086(a) of this title.
10 V.S.A. § 6628 — VT Code / Title 10 / Chapter 159 / Section 6628
§ 6628. Plan, plan summary, and performance report review
Status: in_force

(a) Except as provided for in this section, a toxics use reduction and hazardous waste reduction plan developed under this subchapter shall be retained at the facility and is not a public record under 1 V.S.A. § 317. If a person developing a toxics use reduction and hazardous waste reduction plan under this chapter chooses to send all or a portion of the plan to the Secretary for review, it is exempt from public inspection and copying under the Public Records Act and shall be kept confidential. A plan summary submitted pursuant to section 6629 of this title shall be submitted to the Secretary and shall be a public record.

(b) For the purposes of this subchapter, a Class A generator, Class B generator, or large user shall permit any designated employee of the Department to inspect the toxics use reduction and hazardous waste reduction plan.

(c) The Department may review a plan, plan summary, or annual performance report to determine whether the plan, plan summary, or performance report is adequate according to the provisions of sections 6629 and 6630 of this title. If a Class A generator, Class B generator, or large user fails to complete an adequate plan, plan summary, or annual performance report, the Department, upon review of the plan, plan summary, or performance report shall notify the generator or user of the inadequacy, identifying the specific deficiencies. The Department shall specify a reasonable time frame of not less than 90 days nor more than 180 days within which the generator or user shall modify a plan, plan summary, or performance report to address the specified deficiencies, and the Department shall make technical assistance available to aid the generator or user in modifying its plan, plan summary, or performance report.

(d) If the Department determines that a modified plan, plan summary, or performance report is inadequate, the Department may either require further modification or issue an administrative order pursuant to subsection (e) of this section.

(e) If after having received a list of specified deficiencies from the Department, a Class A generator, Class B generator, or large user fails to develop an adequate plan, plan summary, or performance report within a time frame specified pursuant to subsection (c) or (d) of this section, the Department may order that generator or user to submit an adequate plan, plan summary, or performance report within a reasonable time frame of not less than 90 days. If the generator or user fails to develop an adequate plan, plan summary, or performance report within the time frame specified, a meeting shall be held between the generator or user, the Department, and the Secretary in a final attempt to resolve outstanding concerns and issues. If no compromise can be reached to modify the plan, plan summary, or performance report, the generator or large user shall submit to the Secretary any inadequate plan, and the Department shall conduct a public hearing on the plan, plan summary, or performance report. Except as provided under 1 V.S.A. § 317, in any hearing under this section, the relevant plan, plan summary, or performance report shall be considered a public record as defined in 1 V.S.A. § 317.

(f) On or after October 1, 1992, and every two years thereafter, the Secretary shall select, by the SIC Code, at least two categories of generators with potential for toxics use reduction and hazardous waste reduction and shall:

(1) examine the plans of selected generators and large users in the category, unless the Secretary determines that Agency resources are inadequate to complete plan reviews for all generators and users in the category, in which case the Secretary need only complete those that resources will accommodate;

(2) determine whether the selected generators and large users that are reviewed comply with section 6629 of this title;

(3) identify successful toxics use reduction and hazardous waste reduction approaches, including risk reduction, employed by generators and large users in the category and disseminate information concerning those approaches to generators and large users within the category.

(g) On or after October 1, 1992 for Class A generators, on or after July 1, 1993 for Class B generators, and on or after July 1, 1996 for large users, the Secretary may inspect the plan, plan summary, or performance report. For generators that are both Class A or Class B generators and large users the toxics use reduction portion of the plan required for chemicals included in the planning process solely by the large user definition is not due until July 1, 1996.

(h) In reviewing the adequacy of any plan, plan summary, or performance report, the Department shall base its determination solely on whether the plan, plan summary, or performance report is complete and prepared in accordance with section 6629 or 6630 of this title. The Department shall consider information provided under subsection 6629(b) in its review.

(i) The Department shall maintain a log of each plan, plan summary, or performance report it reviews, a list of all plans, plan summaries, or performance reports that have been found inadequate under subsection (e) of this section and descriptions of corrective actions taken. This information shall be available to the public at the Department's office.

(j) Fees shall be submitted annually on March 31. Fees shall be submitted to the Secretary and deposited into the hazardous waste management account of the Waste Management Assistance Fund established under section 6618 of this title. Fees shall be computed according to the following:

(1) $400.00 per toxic chemical identified pursuant to subdivision 6629(c)(4) of this title.

(2) $400.00 per hazardous waste stream identified pursuant to subdivision 6629(c)(3) of this title.

(3) Up to a maximum amount of:

(A) $2,000.00 per plan for Class A generators.

(B) $400.00 per plan for Class B generators.

(C) $2,000.00 per plan for large users.

(D) $4,000.00 per plan for Class A generators that are large users.

(E) $1,200.00 per plan for Class B generators that are large users.
10 V.S.A. § 6104 — VT Code / Title 10 / Chapter 151 / Section 6104
§ 6104. Transportation impact fee; District Commission
Status: reserved

(a) A District Commission may require payment of a transportation impact fee in accordance with section 6106 of this title to fund, in whole or in part, capital improvements that are necessary to mitigate the transportation impacts of a proposed development or subdivision or that benefit the proposed development or subdivision. The Agency shall review the application and recommend to the District Commission whether to require mitigation of the transportation impacts of the development or subdivision. The District Commission may require an applicant to pay the entire cost of a capital transportation project and may provide for reimbursement of the applicant by developments and subdivisions subsequently receiving permits or amended permits under this chapter that benefit from the capital transportation project. The period for reimbursement shall expire when the associated capital transportation project ceases to provide additional capacity.

(b) A District Commission may require an applicant for a development or subdivision within a TID to pay the transportation impact fee established by the Secretary if the Commission determines that the fee will fund, in whole or in part, improvements to mitigate transportation impacts of the development or subdivision.

(c) This subchapter shall apply to the exercise of authority by a District Commission under any permit condition issued pursuant to subdivision 6086(a)(5) of this title in which the District Commission has reserved the right to conduct proceedings that may result in assessment and collection of impact fees to support transportation improvements.

(d) The authority granted to the District Commissions under this subchapter is in addition to their other authority.
10 V.S.A. § 1082 — VT Code / Title 10 / Chapter 43 / Section 1082
§ 1082. Authorization
Status: in_force

(a) No person shall construct, enlarge, raise, lower, remodel, reconstruct, or otherwise alter any nonfederal dam, pond, or impoundment or other structure that is or will be capable of impounding more than 500,000 cubic feet of water or other liquid after construction or alteration, or remove, breach, or otherwise lessen the capacity of an existing nonfederal dam that is or was capable of impounding more than 500,000 cubic feet within or along the borders of this State where land in this State is proposed to be overflowed, or at the outlet of any body of water within this State, unless authorized by the Department, provided that an application for activities that require authorization under 30 V.S.A. § 248 also shall be approved by the Public Utility Commission. However, in the matter of flood control projects where cooperation with the federal government is provided for by the provisions of section 1100 of this title, that section shall control.

(b) For the purposes of this chapter, the volume a dam or other structure is capable of impounding is the volume of water or other liquid, including any accumulated sediments, controlled by the structure with the water or liquid level at the top of the lowest nonoverflow part of the structure.

(c) An intake structure in existence on July 1, 2018 that continues to operate in accordance with a valid Department permit or approval that contains requirements for inspection and maintenance subject to section 1105 of this title shall have a rebuttable presumption of compliance with the requirements of this chapter and rules adopted under this chapter, provided that no presumption of compliance shall apply if one or both of the following occur on or after July 1, 2018:

(1) the owner or operator of the intake takes an action that requires authorization under this section; or

(2) the Department issues an order under section 1095 of this title directing reconstruction, repair, removal, breaching, draining, or other action it considers necessary to improve the safety of the dam.
10APPENDIX V.S.A. § 22a — VT Code / Title 10APPENDIX / Chapter 1 / Section 22a
App. § 22a. Taking of turkey doing damage
Status: in_force

(a) A landowner, or the landowner's authorized agent, with prior approval from a Game Warden, may take, on land owned or occupied by the landowner and not posted except as provided in 10 V.S.A. § 4710, a turkey which the landowner can prove, has repeatedly, or may continue to substantially damage the following:

(1) a crop bearing plant; or

(2) a crop, except grass; or

(3) a crop which has been harvested and stored.

(b) A landowner may designate one individual who holds a resident Vermont hunting license as an agent to take a turkey doing damage, pursuant to subsection (A) of this section, on the landowner's behalf. A landowner may not offer or accept any form of payment to or from a person designated as an agent under this subsection except as allowed in subsection (E) of this section.

(c) The landowner shall immediately report the wounding or killing of a turkey under this section to a Game Warden. Within 12 hours of said wounding or killing of a turkey under this section, the landowner or person who performed the act shall submit a written, signed report relating the date, time, place and reason for the wounding or killing to a Game Warden.

(d) A person who kills the turkey shall immediately properly dress the carcass and care for the meat.

(e) The Game Warden shall immediately investigate the case and if satisfied that the turkey was taken as provided in this section, the Warden shall give the landowner a certificate of his or her finding in the matter. The certificate shall entitle the landowner to the ownership of the carcass. The landowner may not sell or give away the carcass except to offer all or a portion of it to the agent designated under subsection (B) of this section as compensation for killing the turkey. Any carcass not desired for home consumption in the household of the certificate holder or designated agent shall be turned over to a Game Warden.
10 V.S.A. § 575 — VT Code / Title 10 / Chapter 23 / Section 575
§ 575. Hazardous air contaminant monitoring program
Status: in_force

The Secretary shall establish a hazardous air contaminant monitoring program. The goals of the program shall be to:

(1) measure the presence of hazardous air contaminants in ambient air;

(2) identify sources of hazardous air contaminants;

(3) assess human health and ecological risk to focus studies on those air contaminants that pose the greatest risk;

(4) gather sufficient data to allow the Secretary to establish appropriately protective standards; and

(5) ensure adequate data are collected to support the State's operating permit program.
10APPENDIX V.S.A. § 117 — VT Code / Title 10APPENDIX / Chapter 2 / Section 117
App. § 117. Fish propagation
Status: in_force

(1) Purpose. The purpose of this regulation is to carry out the mandate of the Vermont General Assembly to control, through a permit program, the propagation of fish, 10 V.S.A. chapter 119, §§ 5207-5209. In addition, a Memorandum of Understanding of the operation of the fish health inspection program was adopted July 21, 1992, by the Commissioners of the Fish and Wildlife Department and the Department of Agriculture, Food and Markets. The Department of Fish and Wildlife will review the Fish and Wildlife regulation governing the industry of fish propagation annually. This review will consider the recommendations of the Vermont Aquaculture Advisory Board to include testimony and data.

(2) Scope of Regulations. The provisions of this part are in addition to, and not in lieu of, any present State law or regulation pertaining to the taking of any fish in a lawful means and lawful manner. These regulations provide for the establishment of an application process, investigation process, permit issuance process and conditions under which the propagated species may be sold or purchased.

(3) Definitions.

(A) Fish. All fresh water fish and any salt water fish capable of adapting to fresh water. Also includes live fish, viable fish eggs, and viable sperm.

(B) Propagation. To cause to multiply or breed. To increase the species, or to cause to spread.

(C) Endangered Species. All fish named as threatened or endangered by the Federal Endangered Species Act (P.L. 93-205) and those listed as threatened or endangered pursuant to 10 V.S.A. chapter 123.

(D) Commissioner. Commissioner of the Vermont Fish and Wildlife Department.

(E) Department. Vermont Fish and Wildlife Department.

(F) Injurious Fish. Fish determined by the Vermont Fish and Wildlife Department or the U.S. Fish and Wildlife Service to be a danger to or potential danger to, Vermont's fish or wildlife.

(G) Annual Fish Health Inspection. Annual inspection (minimum once a year) for fish pathogens using inspection procedures approved by the Department, such as those provided for in the most recent addition of the “Blue Book,” which is developed by the Fish Health Section of the American Fisheries Society (AFS) or the most recent addition of the “Fish Health Protection Regulations Manual of Compliance,” of the Department of Fisheries and Oceans, Canada.

(H) Fish Health Inspector. Person responsible for carrying out fish health inspections based on standards approved by the Department, such as those provided for by the Fish Health Section of the American Fisheries Society and/or the New England Salmonid Health Guidelines.

Fish health inspectors shall have access to adequate laboratory facilities and qualified personnel to assure the prompt conduct of inspections, diagnosis, and reporting.

(I) Fish Lot. A group of fish of the same species and age that originated from the same discrete spawning population during the same year, and are being raised on the same water source.

(4) Permit Requirements.

(A) A person shall not rear for sale or distribution, any species of live fish within this state without first procuring a permit from the Commissioner to do so (10 V.S.A. chapter 119, §§ 5207-5209). Persons maintaining fish in a closed rearing aquarium (no water discharge) may request exemptions (on the fish propagation application form) from the Annual Fish Health Inspection and/or the Breeders License.

(B) All individuals holding a Breeders License for trout and/or salmon will be required to have annual fish health inspections, conducted by a qualified fish health inspector acceptable by the Department. However, persons maintaining fish in a closed rearing unit may be exempt from the annual fish health inspection. All fish lots on the facility shall be tested for VHS (Viral Hemorrhagic Septicemia), IPN (Infectious Pancreatic Necrosis), IHN (Infectious Hematopietic Necrosis), BKD (Renibacterium salmoninarum), ERM (Yersinia ruckeri), Aeromonas salmonicida (Furunculosis), Myxobolus cerebralis (Whirling disease), and other disease agents, that may be deemed necessary by the Commissioner. Fish health inspections will be scheduled by the fish health inspector. Individuals holding a Breeders License will be responsible for providing aid to help the fish health inspector with the collection of fish during the scheduled date of the inspection.

(C) Other species will be required to be inspected for those pathogens deemed necessary by the Commissioner with the approval of the Commissioner of Agriculture, Food and Markets.

(D) Sample sizes for each lot must be approved by the Department such as those provided for by the Fish Health Section of the (AFS) and/or the New England Salmonid Health Guidelines. (Mixed fish lots will be sampled according to the discretion of the Department.)

(E) If at any time fish are found to be infected with the causative agents of VHS (Viral Hemorrhagic Septicemia), IHN (Infectious Hematopoietic Necrosis), Whirling Disease (Myxobolus cerebralis) and/or other diseases as determined by the Commissioner to be a serious threat to the fishery resources of the State of Vermont, the Commissioner shall have the authority to impose an immediate prohibition on moving any fish. During the prohibition a compliance agreement stating the appropriate procedures for the disposal of fish and the disinfection of the facility shall be determined by the Department's appropriate representative and in consultation with the owner/operator in cooperation with a nonaffiliated fish health specialist. Other diseases as determined by the Commissioner, with the approval of the Commissioner of Agriculture, Food and Markets, to be a serious threat to the fisheries resources of the State of Vermont may also result in this action.

The action shall be designed to bring the least amount of economic hardship to the affected party, while affording maximum protection to other operators, growers, and the fishery resources of the State of Vermont.

(5)(A) Application.

(1) The applicant for a Breeders License shall apply on a form supplied by the Department and include appropriate fee. Such forms must be complete in all respects and shall contain the following information:

(a) License number.

(b) A description of the land or water to be utilized for propagation.

(c) Information on whether the applicant is the owner or lessee of such lands or waters. If the applicant is not the owner, list the owner's name and address.

(d) A map of the property and waters indicating any ingress and egress to his/her waters by public waters.

(e) A map of existing and/or proposed fish rearing units, including water sources. Unit type, volume, and available water supply (gallons per minute) should be included.

(f) Reason for propagating species: food fish or live sale (percent of each).

(g) The complete name, common and scientific, of each fish species will be listed on the application.

(h) A copy of the latest annual fish health inspection report and the fish health inspection reports of fish lots introduced to the station in the past year must be included. (See Page 2, B through E.)

(i) The applicant shall sign the application.

(j) A report shall be sent to the Department 30 days prior to the anniversary date of initial issuance. The report shall have an annual accounting (since submission of previous application) of all fish lots and/or eggs purchased or obtained, from who purchased or obtained, number, kind, and size of fish and/or eggs. The applicant shall sign the report. (Failure to comply will disqualify the permittee for issuance of a subsequent permit.)

(2) Upon receipt of the application the Department shall, within 30 working days, investigate and determine if the information on the application is correct and approve or deny the application.

(B) Issuance of Permit.

(1) Breeders Licenses will not be issued for: Endangered Species or Injurious Fish.

(2) If the permit application is denied, the applicant may appeal to the Commissioner for a hearing pursuant to 3 V.S.A. chapter 25.

(3) Conditional permits may be issued, based on specifications and requirements set forth by the Department.

(4) All Breeders Licenses shall expire on the anniversary date of initial issuance. Subsequent applications for a propagation permit will, if approved, receive the same breeders permit number assigned in the past.

(6) Marking—Invoices. All persons licensed to propagate fish pursuant to this part shall provide an invoice and/or mark any box, carton, barrel, can, or other type of container or wrapper containing any propagated fish with the following information:

(a) Name and address of propagator, supplier, or producer

(b) License number

(c) Species

(d) Number and/or total weight.
10 V.S.A. § 7591 — VT Code / Title 10 / Chapter 168 / Section 7591
§ 7591. Private right of action
Status: in_force

(a) Action against producer with no battery stewardship plan. A producer or a battery stewardship organization implementing an approved battery stewardship plan in compliance with the requirements of this chapter may bring a civil action against another producer or battery stewardship organization for damages when:

(1) the plaintiff producer or battery stewardship organization incurs more than $1,000.00 in actual reimbursable costs collecting, handling, recycling, or properly disposing of primary batteries or rechargeable batteries sold or offered for sale in the State by that other producer;

(2) the producer from whom damages are sought:

(A) can be identified as the producer of the collected primary batteries or rechargeable batteries from a brand or marking on the discarded battery or from other information available to the plaintiff producer or battery stewardship organization; and

(B) does not operate or participate in an approved battery stewardship organization in the State or is not otherwise in compliance with the requirements of this chapter.

(b) Action against producer with an approved battery stewardship plan. A battery producer or a battery stewardship organization in compliance with the requirements of this chapter may bring a civil action for damages against a battery producer or a battery stewardship organization in the State that is in compliance with the requirements of this chapter, provided that the conditions of subsection (c) of this section have been met.

(c) Condition precedent to cause of action. Except as authorized under subsection (a) of this section, a cause of action under this section shall be allowed only if:

(1) a plaintiff producer or battery stewardship organization submitted a reimbursement request to another producer or battery stewardship organization under subchapter 4 of this chapter; and

(2) the plaintiff producer or stewardship organization does not receive reimbursement within:

(A) 90 days of the reimbursement request, if no independent audit is requested under subchapter 4 of this chapter; or

(B) 60 days after completion of an audit if an independent audit is requested under subchapter 4 of this chapter, and the audit confirms the validity of the reimbursement request.

(d) Role of Agency. The Agency shall not be a party to or be required to provide assistance or otherwise participate in a civil action authorized under this section solely due to its regulatory requirements under this chapter, unless subject to subpoena before a court of jurisdiction.

(e) Damages; definitions. As used in this section, “damages” means the actual, reimbursable costs a plaintiff producer or battery stewardship organization incurs in collecting, handling, recycling, or properly disposing of primary batteries or rechargeable batteries reasonably identified as having originated from another primary battery producer or battery stewardship organization.
10 V.S.A. § 6552 — VT Code / Title 10 / Chapter 158 / Section 6552
§ 6552. Fragile areas
Status: in_force

(a) The Secretary shall consider for designation on a register of fragile areas only a site that:

(1) is a significant statewide scientific, ecological, or educational value; or

(2) is exemplary for the purposes of education or research in the natural sciences; or

(3) has rare, remnant, or other unusual plants or animals or contains endangered species as determined by the Secretary under chapter 123 of this title; or

(4) contains a necessary habitat as that term is defined in section 5401 of this title.

(b) To assist in the designation, the Secretary shall seek the advice of a fragile areas committee comprising five members, one from each of the following disciplines: zoology, botany, plant community ecology, geology, and wildlife.

(c) Prior to designating a fragile area on the register, the Secretary shall:

(1) document the technical and scientific basis for the designation;

(2) contact each owner of the fragile area to inform the owner of the significance of the fragile area and to achieve voluntary agreement from the owner to protect and manage the fragile area according to stewardship guidelines adopted by the Secretary;

(3) provide information and assistance to each owner of the fragile area concerning the identification, protection, and management of the fragile area.
10 V.S.A. § 560 — VT Code / Title 10 / Chapter 23 / Section 560
§ 560. Emergency procedure
Status: in_force

(a) Any other provisions of law to the contrary notwithstanding, if the Secretary finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, with the concurrence of the Governor, the Secretary shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants and such order shall fix a place and time not later than 24 hours thereafter for a hearing to be held before the Director. Not more than 24 hours after the commencement of such hearing and without adjournment thereof, the Director shall affirm, modify or set aside the order.

(b) In the absence of a generalized condition of air pollution of the type referred to in subsection (a) of this section, if the Secretary finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to human health or safety, the Director of Occupational Health may order the person or persons responsible for the operation or operations in question to reduce or discontinue emissions immediately, without regard to the provisions of section 559 of this title. In that event, the requirements for hearing and affirmance, modification, or setting aside of orders set forth in subsections 559(a) and (b) shall apply.

(c) Nothing in this section shall be construed to limit any power that the Governor or any other officer may have to declare an emergency and act on the basis of such declaration.
10 V.S.A. § 583 — VT Code / Title 10 / Chapter 23 / Section 583
§ 583. Repeal of stage II vapor recovery requirements
Status: repealed

(a) Effective January 1, 2013, all rules of the Secretary pertaining to stage II vapor recovery controls at gasoline dispensing facilities are repealed. The Secretary may not issue further rules requiring such controls. For purposes of this section, “stage II vapor recovery” means a system for gasoline vapor recovery of emissions from the fueling of motor vehicles as described in 42 U.S.C. § 7511a(b)(3).

(b) Prior to January 1, 2013, stage II vapor recovery rules shall not apply to:

(1) Any newly constructed gasoline dispensing facility that commences operation after May 1, 2009;

(2) Any existing gasoline dispensing facility that has an annual gasoline throughput of 400,000 gallons or more for the first time beginning with the 2009 calendar year;

(3) Any existing gasoline dispensing facility that, after May 1, 2009, commences excavation for the installation or repair of any below-ground component of the stage II vapor recovery system, including gasoline storage tanks, upon verification and approval by the Secretary; or

(4) Any existing gasoline dispensing facility that, after May 1, 2009, replaces all of its existing gasoline dispensers with gasoline dispensers that support triple data encryption standard (TDES) usage or replaces one or more of its gasoline dispensers pursuant to a plan to achieve full TDES compliance, upon verification and approval by the Secretary.

(c) Within two years of January 1, 2013, or of the Secretary's verification and approval that such stage II vapor recovery rules do not apply to a gasoline dispensing facility pursuant to subdivision (b)(3) or (4) of this section, whichever is earlier, each gasoline dispensing facility shall decommission its stage II vapor recovery systems, including below-ground components, pursuant to methods approved by the Secretary.