reglab/housing_qa huggingface dataset:
10 V.S.A. § 1086
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1086. Determination of public good; certificates

§ 1086. Determination of public good; certificates|(a) "Public good" means the greatest benefit of the people of the State. In determining whether the public good is served, the State agency having jurisdiction shall give due consideration to, among other things, the effect the proposed project will have on:  (1) the quantity, kind, and extent of cultivated agricultural land that may be rendered unfit for use by or enhanced by the project, including both the immediate and long-range agricultural land use impacts; (2) scenic and recreational values; (3) fish and wildlife; (4) forests and forest programs; (5) [Repealed.] (6) the existing uses of the waters by the public for boating, fishing, swimming, and other recreational uses; (7) the creation of any hazard to navigation, fishing, swimming, or other public uses; (8) the need for cutting clean and removal of all timber or tree growth from all or part of the flowage area; (9) the creation of any public benefits; (10) attainment of the Vermont water quality standards; (11) any applicable State, regional, or municipal plans; (12) municipal grand lists and revenues; (13) public safety; and (14) in the case of the proposed removal of a dam that formerly related to or was incident to the generation of electric energy, but that was not subject to a memorandum of understanding dated prior to January 1, 2006 relating to its removal, the potential for and value of future power production.   (b) If the State agency having jurisdiction finds that the project proposed under section 1082 of this title will serve the public good, and, in case of any waters designated by the Secretary as outstanding resource waters, will preserve or enhance the values and activities sought to be protected by designation, the agency shall issue its order approving the application. The order shall include conditions for attainment of water quality standards, as determined by the Agency of Natural Resources, and such other conditions as the agency having jurisdiction considers necessary to protect any element of the public good listed in subsection (a) of this section. Otherwise it shall issue its order disapproving the application.(c) The State agency having jurisdiction shall provide the applicant and interested persons with copies of its order.(d) In the case of a proposed removal of a dam that is under the jurisdiction of the Department and that formerly related to or was incident to the generation of electric energy but that was not subject to a memorandum of understanding dated before January 1, 2006 relating to its removal, the Department shall consult with the Department of Public Service regarding the potential for and value of future power production at the site. (Amended 1969, No. 281 (Adj. Sess.), § 10; 1975, No. 179 (Adj. Sess.), § 4; 1981, No. 242 (Adj. Sess.), § 8; 1987, No. 67, § 13; 1987, No. 76, § 18; 2005, No. 208 (Adj. Sess.), § 4; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1087
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1087. Review of plans and specifications

§ 1087. Review of plans and specifications|For any proposal subject to authorization under section 1082 of this title, the State agency having jurisdiction shall employ an engineer to investigate the property, review the plans and specifications, and make additional investigations as the State agency having jurisdiction considers necessary to ensure that the project adequately provides for the public safety. The engineer shall report his or her findings to the State agency having jurisdiction. (Amended 1981, No. 242 (Adj. Sess.), § 9; 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1089
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1089. Employment of engineer

§ 1089. Employment of engineer|With the approval of the Governor, the State agency having jurisdiction may employ an engineer to investigate the property, review the plans and specifications, and make such additional investigation as the State agency shall deem necessary, and such engineer shall report to the State agency his or her findings in respect thereto. (Amended 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1090
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1090. Construction supervision

§ 1090. Construction supervision|The construction, alteration, or other action authorized in section 1086 of this title shall be supervised by an engineer employed by the applicant. Upon completion of the authorized project, the engineer shall certify to the agency having jurisdiction that the project has been completed in conformance with the approved plans and specifications. (Amended 1981, No. 242 (Adj. Sess.), § 10; 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1095
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1095. Unsafe dam; petition; hearing; emergency

§ 1095. Unsafe dam; petition; hearing; emergency|(a) On receipt of a petition signed by no fewer than ten interested persons or the legislative body of a municipality, the State agency having jurisdiction shall, or upon its own motion it may, institute investigations by an engineer as described in section 1087 of this title regarding the safety of any existing nonfederal dam or portion of the dam of any size. The agency may fix a time and place for hearing and shall give notice in the manner it directs to all interested persons. The engineer shall present his or her findings and recommendations at the hearing. After the hearing, if the agency finds that the nonfederal dam or portion of the dam as maintained or operated is unsafe or is a menace to people or property above or below the dam, it shall issue an order directing reconstruction, repair, removal, breaching, draining, or other action it considers necessary to improve the safety of the dam sufficiently to protect life and property as required by the State agency having jurisdiction.(b) If, upon the expiration of such date as may be ordered, the person owning legal title to such dam or the owner of the land on which the dam is located has not complied with the order directing the reconstruction, repair, breaching, removal, draining, or other action of such unsafe dam, the State agency having jurisdiction may petition the Superior Court in the county in which the dam is located to enforce its order or exercise the right of eminent domain to acquire the rights that may be necessary to effectuate a remedy as the public safety or public good may require. If the order has been appealed, the court may prohibit the exercise of eminent domain by the State agency having jurisdiction pending disposition of the appeal.(c) If, upon completion of the investigation described in subsection (a) of this section, the State agency having jurisdiction considers the dam to present an imminent threat to human life or property, it shall take whatever action it considers necessary to protect life and property and subsequently shall conduct the hearing described in subsection (a) of this section. (Amended 1959, No. 329 (Adj. Sess.), § 39, eff. March 1, 1961; 1961, No. 100, § 2; 1969, No. 281 (Adj. Sess.), § 12; 1981, No. 242 (Adj. Sess.), § 11; 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1099
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1099. Appeals

§ 1099. Appeals|(a) Appeals of any act or decision of the Department under this chapter shall be made in accordance with chapter 220 of this title.(b) Appeals from actions or orders of the Public Utility Commission may be taken in the Supreme Court in accord with 30 V.S.A. § 12. (Amended 1981, No. 242 (Adj. Sess.), § 15; 2001, No. 94 (Adj. Sess.), § 3; 2003, No. 115 (Adj. Sess.), § 23, eff. Jan. 31, 2005.)
10 V.S.A. § 1100
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1100. Federal cooperation

§ 1100. Federal cooperation|As a basis for cooperation with the federal government and its duly established agencies in the matter of flood control, the State defines its policy with reference to flood control developments as follows:  (1) [Repealed.] (2) Where such flood control project is strictly for flood control purposes, no village or city in this State shall be inundated, flooded, or destroyed thereby. (3) Adequate compensation shall be made to any town whose grand list shall be substantially adversely affected by such strictly flood control project for the loss of its tax revenue. (4) Where cultivated agricultural lands in excess of 100 acres are to be taken for the purposes of a flood control project, or the recreational development of the State or the economy of the river basin involved may be affected thereby, the Department shall provide notice, an opportunity to submit comments, and an opportunity to request a public meeting in accordance with section 7713 (Type 2 Procedures) of this title. The Department shall determine the effect the flood control project will have upon agricultural land uses or recreational values in this State, or upon the economy of the river basin involved, and report its findings and recommendations to the proper federal agency or authority having the flood control project in charge for its consideration and recognition. The Department shall post its findings and recommendations as a final decision in accordance with chapter 170 of this title. (Amended 1959, No. 329 (Adj. Sess.), § 39, eff. March 1, 1961; 1961, No. 100, § 2; 1981, No. 242 (Adj. Sess.), § 16; 2015, No. 150 (Adj. Sess.), § 14, eff. Jan. 1, 2018; 2021, No. 42, § 2.)
10 V.S.A. § 1102
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1102. Federal receipts, distribution

§ 1102. Federal receipts, distribution|All sums of money that the State receives from the United States under the provisions of section 701c-3 of Title 33 of the United States Code, as the same may be amended, being a portion of the rentals of property acquired and owned by the United States for purposes of flood control dams and reservoirs, shall be distributed to the municipality or political subdivision in which the dams and reservoirs are located. The Department shall administer payment of money so received and the Commissioner of Finance and Management shall issue his or her warrants on orders of the Department. (Added 1959, No. 35, § 1, eff. March 12, 1959; amended 1959, No. 328 (Adj. Sess.), § 8; 1961, No. 100, § 2; 1981, No. 242 (Adj. Sess.), § 17; 1983, No. 195 (Adj. Sess.), § 5(b).)
10 V.S.A. § 1103
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1103. Approval for flood control dams

§ 1103. Approval for flood control dams|(a) No department or agency of the federal government shall construct any flood control dam that is within the State of Vermont, either in whole or in part, or cause any land within the State of Vermont to be overflowed through the operation of a flood control dam located outside the State, except with the approval of the Governor and the General Assembly.(b) For purposes of this section "flood control dam" means any dam that has among its principal purposes the prevention or control of floods either within or without the State, or that is financed in whole or in part with funds appropriated, allocated, or made available under a federal flood control program, excepting programs under Public Law 83-566, known as the Watershed Protection and Flood Prevention Act. (Added 1971, No. 167 (Adj. Sess.), § 3.)
10 V.S.A. § 1105
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1105. Inspection of dams

§ 1105. Inspection of dams|(a) Inspection; schedule. All nonfederal dams in the State shall be inspected according to a schedule adopted by rule by the State agency having jurisdiction over the dam.(b) Dam inspection. A nonfederal dam in the State shall be inspected under one or both of the following methods:  (1) The State agency having jurisdiction over a dam may employ an engineer to make periodic inspections of nonfederal dams in the State to determine their condition and the extent, if any, to which they pose a possible or probable threat to life and property. (2) The State agency having jurisdiction shall adopt rules pursuant to 3 V.S.A. chapter 25 to require an adequate level of inspection by an independent engineer.   (c) Dam safety reports. If a dam inspection report is completed by the State agency having jurisdiction, the agency shall provide the person owning legal title to the dam or the owner of the land on which the dam is located with a copy of the inspection report. (Added 1981, No. 242 (Adj. Sess.), § 13; amended 1985, No. 60; 2015, No. 23, § 98; 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1106
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1106. Unsafe Dam Revolving Loan Fund

§ 1106. Unsafe Dam Revolving Loan Fund|(a) There is hereby established a special fund to be known as the Vermont Unsafe Dam Revolving Loan Fund that shall be used to provide grants and loans to municipalities, nonprofit entities, and private individuals, pursuant to rules adopted by the Agency of Natural Resources, for the reconstruction, repair, removal, breaching, draining, or other action necessary to reduce the threat of a dam or portion of a dam determined to be unsafe pursuant to section 1095 of this chapter.(b) The Fund created by this section shall be established and held separate and apart from any other funds or monies of the State and shall be used and administered exclusively for the purposes set forth in this section. The funds shall be invested in the same manner as permitted for investment of funds belonging to the State or held in the Treasury. The Fund shall consist of the following:  (1) Such sums as may be appropriated or transferred thereto from time to time by the General Assembly, the Emergency Board, or the Joint Fiscal Committee during such times as the General Assembly is not in session. (2) Principal and interest received from the repayment of loans made from the Fund. (3) Capitalization grants and awards made to the State by the United States of America for the purposes for which the Fund has been established. (4) Interest earned from the investment of Fund balances. (5) Private gifts, bequests, and donations made to the State for the purposes for which the Fund has been established. (6) Other funds from any public or private source intended for use for any of the purposes for which the Fund has been established.   (c) The Secretary may bring an action under this subsection or other available State and federal laws against the owner of the dam to seek reimbursement to the Fund for all loans made from the Fund pursuant to this section. (Added 2003, No. 121 (Adj. Sess.), § 66, eff. June 8, 2004; amended 2013, No. 34, § 6a.)
10 V.S.A. § 1107
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1107. Hazard potential classifications

§ 1107. Hazard potential classifications|(a) The State agency having jurisdiction over a nonfederal dam listed in the Vermont Dam Inventory shall assess the hazard potential classification of the dam based on the potential loss of human life, property damage, and economic loss that would occur in the event of the failure of the dam. There shall be four hazard potential classifications: high, significant, low, and minimal.(b) The State agency having jurisdiction over a nonfederal dam on the Vermont Dam Inventory may assess or reassess the hazard potential classification of the dam at any time. (Added 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1108
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1108. Dam inventory; registration

§ 1108. Dam inventory; registration|(a) Dam inventory. The Department of Environmental Conservation shall maintain a current inventory of all known dams in the State of Vermont. The Department of Environmental Conservation shall update and publish the Vermont Dam Inventory annually and shall include information collected in the Inventory as part of the Agency of Natural Resources' Natural Resources Atlas.(b) Dam registration. If a dam is listed on the Vermont Dam Inventory and is under the jurisdiction of the Department, the person owning legal title to a dam or the person owning the land on which the dam is located shall, upon request of the Department, submit information to the Department regarding the dam, including the condition of the dam, whether and when the dam has been inspected, and any other information that the Department may require to ensure public safety. A person who fails to comply with the request of the Department under this section shall be subject to a civil penalty under chapter 201 of this title. (Added 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1109
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1109. Marketability of title

§ 1109. Marketability of title|The failure of the person owning legal title to a dam or the owner of the land on which the dam is located to record a dam registration or a dam inspection report when required under this chapter or rules adopted under this chapter shall not create an encumbrance on record title or an effect on marketability of title for the real estate property or properties on which the dam is located. (Added 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1110
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1110. Rulemaking

§ 1110. Rulemaking|The Commissioner of Environmental Conservation shall adopt rules to implement the requirements of this chapter for dams under the jurisdiction of the Department. The rules shall include:  (1) a standard or regulatory threshold under which a dam is exempt from the registration or inspection requirements of this chapter; (2) standards for:  (A) the siting, design, construction, reconstruction, enlargement, modification, or alteration of a dam; (B) operation and maintenance of a dam; (C) inspection, monitoring, record keeping, and reporting; (D) repair, breach, or removal of a dam; (E) application for authorization under section 1082 of this title; and (F) the development of an emergency action plan for a dam, including guidance on how to develop an emergency action plan, the content of a plan, and when and how an emergency action plan should be updated;  (3) criteria for the hazard potential classification of dams in the State; (4) a process by which a person owning legal title to a dam or a person owning the land on which the dam is located shall register a dam and record the existence of the dam in the lands records; and (5) requirements for the person owning legal title to a dam or the person owning the land on which the dam is located to conduct inspections of the dam. (Added 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1111
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1111. Natural resources atlas; dam status

§ 1111. Natural resources atlas; dam status|Annually on or before January 1, the Public Utility Commission shall submit to the Department updated inventory information from the previous calendar year for dams under the jurisdiction of the Public Utility Commission. (Added 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1152
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 45 - Connecticut River Flood Control Compact|§ 1152. Purposes- Article I

§ 1152. Purposes- Article I|The principal purposes of this compact are: (a) to promote interstate comity among and between the signatory states; (b) to assure adequate storage capacity for impounding the waters of the Connecticut River and its tributaries for the protection of life and property from flood; (c) to provide a joint or common agency through which the signatory states, while promoting, protecting and preserving to each the local interest and sovereignty of the respective signatory states, may more effectively cooperate in accomplishing the object of flood control and water resources utilization in the basin of the Connecticut River and its tributaries.
10 V.S.A. § 1153
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 45 - Connecticut River Flood Control Compact|§ 1153. Creation of Commission- Article II

§ 1153. Creation of Commission- Article II|There is hereby created "The Connecticut River Valley Flood Control Commission," hereinafter referred to as the "Commission," which shall consist of 12 members, three of whom shall be residents of the Commonwealth of Massachusetts; three of whom shall be residents of the State of Connecticut; three of whom shall be residents of the State of New Hampshire; and three of whom shall be residents of the State of Vermont.The members of the Commission shall be chosen by their respective states in such manner and for such term as may be fixed and determined from time to time by the law of each of said states respectively by which they are appointed. A member of the Commission may be removed or suspended from office as provided by the law of the state for which he or she shall be appointed, and any vacancy occurring in the Commission shall be filled in accordance with the laws of the state wherein such vacancy exists.A majority of the members from each state shall constitute a quorum for the transaction of business, the exercise of any of its powers or the performance of any of its duties, but no action of the Commission shall be binding unless at least two of the members from each state shall vote in favor thereof.The compensation of members of the Commission shall be fixed, determined, and paid by the state which they respectively represent. All necessary expenses incurred in the performance of their duties shall be paid from the funds of the Commission.The Commission shall elect from its members a Chair, Vice Chair, Clerk and Treasurer. Such treasurer shall furnish to the Commission, at its expense, a bond with corporate surety, to be approved by the Commission, in such amount as the Commission may determine, conditioned for the faithful performance of his or her duties.The Commission shall adopt suitable bylaws and shall make such rules and regulations as it may deem advisable not inconsistent with laws of the United States, of the signatory states or with any rules or regulations lawfully promulgated thereunder.The Commission shall make an annual report to the governor and legislature of each of the signatory states, setting forth in detail the operations and transactions conducted by it pursuant to this compact.The Commission shall keep a record of all its meetings and proceedings, contracts and accounts, and shall maintain a suitable office, where its maps, plans, documents, records and accounts shall be kept, subject to public inspection at such times and under such regulations as the Commission shall determine.