reglab/housing_qa huggingface dataset:
10 V.S.A. § 1444
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49A - Lake Shoreland Protection Standards|§ 1444. Permit standards

§ 1444. Permit standards|(a) Permit standards; generally. Except for permits issued under section 1445 of this title, the Secretary shall issue a permit under this chapter if the permit applicant, including the State of Vermont, demonstrates that:  (1) cleared area or impervious surface shall be located at least 100 feet from the mean water level, except for shoreland stabilization measures designed to repair or prevent erosion or flood risks and approved by the Secretary; (2) cleared area or impervious surface within the protected shoreland area shall be located on a site:  (A) with a slope of less than 20 percent; or (B) that will have a stable slope with minimal erosion and minimal negative impacts to water quality;  (3)(A) no more than 20 percent of the protected shoreland area of the parcel shall consist of impervious surface; or  (B) best management practices will be used to manage, treat, and control erosion due to stormwater runoff from that portion of impervious surface that exceeds 20 percent of the protected shoreland area;  (4)(A) no more than 40 percent of the protected shoreland area of the parcel shall consist of cleared area, including area cleared for the purposes of creating impervious surface; or  (B) best management practices will be used to provide erosion control, bank stability, and wildlife habitat functionally equivalent to that which would be provided by clearing less than 40 percent of the protected shoreland area; and  (5) vegetative cover shall be managed according to the requirements of section 1447 of this title.   (b) Repair of highway, State forest highway, management road, or private road. Under this chapter, when the repair, emergency repair, or replacement of a highway, management road, State forest highway, or private road results in the construction, creation, or expansion of impervious surface or cleared area on a property adjacent to the highway, management road, State forest highway, or private road, the impervious surface or cleared area constructed or created on the adjacent property shall not be calculated as square footage of impervious surface or cleared area for purposes of permitting or registration under this chapter.(c) Calculation of area. Under this chapter, the area of constructed, created, or expanded impervious surface or cleared area shall be the square footage as measured on a horizontal plane. (Added 2013, No. 172 (Adj. Sess.), § 2.)
10 V.S.A. § 1447
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49A - Lake Shoreland Protection Standards|§ 1447. Lake shoreland vegetation protection standards

§ 1447. Lake shoreland vegetation protection standards|(a) Within 100 feet of the mean water level, cutting of trees is allowed provided that a well-distributed stand of trees and other natural vegetation is maintained. Vegetation management that occurs within the protected shoreland area and that is conducted according to the requirements of this section shall not be counted toward the cleared area on a parcel.(b) A "well-distributed stand of trees" shall be defined as maintaining a minimum rating score of 12, in each 25-foot by 25-foot area within 100 feet of the mean water level, as determined by the following rating system.  (1) Diameter of tree at 4-1/2 feet above                           Points  ground level (inches)  2-< 4 in.                                                                                     1  4-< 8 in.                                                                                     2  8-< 12 in.                                                                                   4  12 in. or greater                                                                         8  (2) The following shall govern in applying this point system:  (A) 25-foot by 25-foot plots shall be established for vegetation management purposes. (B) Each successive plot must be adjacent to but not overlap a previous plot. (C) Any plot not containing the required points must have no vegetative cover removed unless the removal is allowed pursuant to a registration or individual permit. (D) Any plot containing the required points may have trees removed down to the minimum points allowed. (E) Existing vegetative cover under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or as allowed pursuant to a registration or individual permit. (F) Pruning of tree branches on the bottom one-third of a tree's height is allowed. (G) Removal of dead, diseased, or unsafe trees shall be allowed regardless of points.    (c) As used in this section, "other natural vegetation" means retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at four and one-half feet above ground level for each 25-foot by 25-foot area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been planted or rooted in the plot. (Added 2013, No. 172 (Adj. Sess.), § 2.)
10 V.S.A. § 1448
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49A - Lake Shoreland Protection Standards|§ 1448. Municipal delegation

§ 1448. Municipal delegation|(a) Municipal shoreland bylaws or ordinances. The Secretary shall delegate authority to permit the construction, creation, or expansion of impervious surface or cleared area under this chapter to a municipality that has adopted a shoreland bylaw or ordinance if:  (1) the municipality adopts a bylaw or ordinance regulating construction of impervious surface or creation of cleared area in a protected shoreland area; (2) the municipal bylaw or ordinance is, as determined by the Secretary, functionally equivalent to the requirements under sections 1444, 1445, 1446, and 1447 of this title; and (3) the Secretary determines that the municipality provides adequate resources for administration and enforcement of the bylaw or ordinance.   (b) Delegation agreement.  (1) Delegation under subsection (a) of this section shall be by agreement between the Secretary and the delegated municipality. The delegation agreement shall set the terms for revocation of delegation. (2) Under the delegation agreement, the Secretary and the municipality may agree, in instances where a delegated municipality does not or cannot address noncompliance, that the Secretary, after consultation with the municipality, may institute enforcement proceedings under chapter 201 of this title. (3) The delegation agreement shall require the municipality to:  (A) have or establish a process for accepting, reviewing, and processing applications and issuing permits for construction of impervious surface or creation of cleared area in protected shoreland areas; (B) take timely and appropriate enforcement actions; (C) commit to reporting annually to the Secretary on a form and date determined by the Secretary; (D) comply with all other requirements of the rules adopted under this chapter; and (E) cure any defects in such bylaw or ordinance or in the administration or enforcement of such bylaw or ordinance upon notice of a defect from the Secretary.  (4) A municipality that seeks delegation under subsection (a) of this section shall be presumed to satisfy the requirements of this subsection for a permit process and enforcement if the municipality has designated a municipal zoning administrator or other municipal employee or official as responsible for the permitting and enforcement of the construction, creation, or expansion of impervious surface or cleared area within the municipality. (Added 2013, No. 172 (Adj. Sess.), § 2.)
10 V.S.A. § 1449
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49A - Lake Shoreland Protection Standards|§ 1449. Coordination of Agency of Natural Resources' permitting of activities in protected shoreland areas

§ 1449. Coordination of Agency of Natural Resources' permitting of activities in protected shoreland areas|(a) Coordination of permitting in protected shoreland area. During technical review of a permit application for a wastewater system, potable water supply, stormwater discharge, or stormwater treatment facility that is proposed to be located in a protected shoreland area and that does not require a permit under this chapter, the Agency division issuing the wastewater system, potable water supply, stormwater discharge, or stormwater treatment facility permit shall consult with the Agency's Lakes and Ponds Section regarding practices or activities that could reduce the impact of the proposed activity on the protected shoreland area or water quality of lakes adjacent to the protected shoreland area.(b) Agency guidance or procedure. The Agency may formalize the consultation process required by this section in a guidance document or internal agency procedure. (Added 2013, No. 172 (Adj. Sess.), § 2.)
10 V.S.A. § 1450
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49A - Lake Shoreland Protection Standards|§ 1450. Municipal zoning bylaw or ordinance

§ 1450. Municipal zoning bylaw or ordinance|(a) Construction of impervious surface or creation of cleared area occurring outside protected shoreland areas. Construction of impervious surface or creation of cleared area occurring outside a protected shoreland area shall conform to duly adopted municipal zoning bylaws and applicable municipal ordinances and shall not be subject to regulation by the Secretary of Natural Resources under this chapter.(b) Existing municipal bylaws and ordinances. The requirements of this chapter are in addition to existing municipal bylaws and ordinances, and proposed construction of impervious surface or creation of cleared area within the protected shoreland area shall comply with all relevant, existing municipal, State, and federal requirements. (Added 2013, No. 172 (Adj. Sess.), § 2.)
10 V.S.A. § 1450a
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49A - Lake Shoreland Protection Standards|§ 1450a. Rulemaking

§ 1450a. Rulemaking|The Secretary may adopt rules necessary for the purposes of implementing, administering, or enforcing the requirements of this chapter, including best management practices for the construction of impervious surfaces or the creation of cleared area in a protected shoreland area, including standards for:  (1) managing vegetative cover that may be required as a best management practice in order to ensure that some level of the required vegetative cover is maintained in the protected shoreland area; (2) allowing reasonable use of the protected shoreland area subject to a vegetative cover requirement for construction, creation, or expansion of an impervious surface or cleared area; (3) minimizing and mitigating the creation of an impervious surface or cleared area in a protected shoreland area. (Added 2013, No. 172 (Adj. Sess.), § 2.)
10 V.S.A. § 1450b
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49A - Lake Shoreland Protection Standards|§ 1450b. Education and outreach; citizen's guide

§ 1450b. Education and outreach; citizen's guide|The Secretary shall conduct ongoing education and outreach to assist Vermont citizens with understanding and complying with the requirements of this chapter. The education and outreach activities shall include publication on or before January 1, 2015 of a Citizen's Guide to Shoreland Protection, which shall provide easily understood instructions on the requirements of this chapter, how to apply for a permit or registration, and the activities that are exempt from or otherwise not subject to the requirements of this chapter. (Added 2013, No. 172 (Adj. Sess.), § 2.)
10 V.S.A. § 1451
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 50 - Aquatic Nuisance Control|§ 1451. Findings

§ 1451. Findings|The General Assembly finds that:  (1) It is the policy of the State of Vermont that the water resources of the State shall be protected, regulated, and where necessary controlled under the authority of the State in the public interest to promote the general welfare and to protect public health and the environment. (2) It is the policy of the State of Vermont to prevent the infestation and proliferation of invasive species in the State that result in negative environmental impacts, including habitat loss and a reduction in native biodiversity along with adverse social and economic impacts and impacts to the public health and safety. (3) The Agency of Agriculture, Food and Markets and the Department of Forests, Parks and Recreation have established an informal working group to address invasive and noxious weeds, but additional authority is necessary for the Agency of Natural Resources to adequately respond to invasive aquatic nuisance species. (4) The ability to initiate quickly a response to contain and control a new aquatic species introduction before it can spread is critical to reduce future management costs and protect the integrity of Vermont's ecosystems. (5) Infestations of new aquatic species must be detected early and acted upon swiftly to minimize economic, social, and ecological impacts as well as to increase the probability of a successful eradication effort. (Added 2009, No. 46, § 1, eff. July 1, 2010.)
10 V.S.A. § 1453
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 50 - Aquatic Nuisance Control|§ 1453. Aquatic nuisance control program

§ 1453. Aquatic nuisance control program|(a) The Agency of Natural Resources shall establish and maintain an aquatic nuisance control program.(b) The aquatic nuisance control program shall perform the following services:  (1) receive and respond to aquatic nuisance complaints; (2) work with municipalities, local interest organizations, private individuals, and agencies of the state to develop long-range programs regarding aquatic nuisance controls; (3) work with federal, state, and local governments to obtain funding for aquatic nuisance control programs; (4) implement an aquatic species rapid response program under this chapter; (5) administer a grant-in-aid program under section 1458 of this title; (6) place a sign at least two feet by two feet in size that states that the water is infected with an aquatic nuisance and that a person transporting the nuisance in violation of section 1454 of this title may be subject to a penalty of up to $1,000.00 pursuant to 23 V.S.A. § 3317, so that the sign is easily visible from a ramp used to launch vessels at any fish and wildlife access area on a body of water infected with an aquatic nuisance; (7) provide the Commissioner of Fish and Wildlife and the Commissioner of Motor Vehicles with written educational information about aquatic nuisances that can be included in an envelope containing a boat registration and in a Department of Fish and Wildlife publication pertaining to fishing and boating. (Added 2009, No. 46, § 1, eff. July 1, 2010.)
10 V.S.A. § 1456
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 50 - Aquatic Nuisance Control|§ 1456. Aquatic species rapid response general permits

§ 1456. Aquatic species rapid response general permits|(a) Notwithstanding the requirements of section 1455 of this title, the Secretary may issue an aquatic species rapid response general permit under this section for a term not to exceed ten years for the control of a nonindigenous new aquatic species. This general permit shall identify the control technique, including the use of biological controls, pesticides, and any other control techniques for the nonindigenous new aquatic species for which coverage may be sought under the permit.(b) Applications for coverage under this general permit shall be limited to the Commissioner of Environmental Conservation and the Commissioner of Fish and Wildlife. The application shall state the grounds for declaring an emergency situation as defined in subsection (f) of this section. The application shall identify the nonindigenous new aquatic species and control techniques selected to respond to the emergency.(c) When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.(d) The Secretary may issue an authorization under an aquatic species rapid response general permit only when the Secretary finds:  (1) that an emergency exists; and (2) that the proposed control technique meets the requirements of the general permit and is acceptable when considering the emergency situation.   (e) Authorization to act under the terms of a general permit issued under this section shall not exceed three years.(f) Prior to determining that a nonindigenous new aquatic species emergency exists, the Secretary shall consider the following factors:  (1) the likelihood that the nonindigenous new aquatic species will cause harm to human health, safety, or the environment; (2) the likelihood that the nonindigenous new aquatic species will cause significant harm to the economy; (3) the magnitude of the potential adverse impact of the nonindigenous new aquatic species upon public health, safety, the environment, native biodiversity, water bodies, outdoor recreation, or any other use of the State's water resources; (4) the likelihood that the nonindigenous new aquatic species would naturalize in the State if not immediately controlled; (5) the rate at which the invasion would spread throughout the State; and (6) the difficulty to control the spread of the nonindigenous new aquatic species in the State. (Added 2009, No. 46, § 1, eff. July 1, 2010; amended 2015, No. 150 (Adj. Sess.), § 22, eff. Jan. 1, 2018.)
10 V.S.A. § 1457
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 50 - Aquatic Nuisance Control|§ 1457. Entrance upon lands to prevent the introduction and spread of new aquatic species

§ 1457. Entrance upon lands to prevent the introduction and spread of new aquatic species|(a) The aquatic nuisance control program shall take reasonable steps to prevent the introduction and spread of new aquatic species that may become invasive in the State. To accomplish this objective, the Secretary or his or her agent may, after first obtaining the permission of the landowner or lessee, enter upon lands for the following purposes:  (1) to survey for, inspect, or investigate conditions relating to new aquatic species that may become invasive; (2) to collect information to issue coverage under rapid response general permits under section 1456 of this title; (3) to conduct or use control techniques that are available under or authorized by a rapid response general permit issued under section 1456 of this title; and (4) to determine whether the rules of the agency adopted or issued under this chapter are being complied with.   (b) If a land owner refuses to grant the Secretary or his or her agent permission to enter onto the owner's land under this section, the Secretary or the duly authorized representative of the Secretary may apply for and obtain a warrant or subpoena to allow such entry, surveying, collection, and control as is necessary to protect human health, safety, and the environment or prevent economic loss. (Added 2009, No. 46, § 1, eff. July 1, 2010.)
10 V.S.A. § 1459
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 50 - Aquatic Nuisance Control|§ 1459. Joint municipal participation

§ 1459. Joint municipal participation|Should the shorelands of waters for which funds are requested under sections 1451-1460 of this title be under more than one municipal governmental jurisdiction, the provisions herein shall apply to the respective municipalities under a joint application, except that the required municipal contribution shall be apportioned among the respective municipalities. (Added 2009, No. 46, § 1, eff. July 1, 2010.)
10 V.S.A. § 1460
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 50 - Aquatic Nuisance Control|§ 1460. Rulemaking

§ 1460. Rulemaking|The Secretary may adopt rules to implement the requirements of this chapter. (Added 2009, No. 46, § 1, eff. July 1, 2010.)
10 V.S.A. § 1461
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 50 - Aquatic Nuisance Control|§ 1461. Aquatic nuisance inspection stations; training program

§ 1461. Aquatic nuisance inspection stations; training program|(a) The Secretary of Natural Resources shall establish a training program regarding how to conduct inspection of vessels, motor vehicles, trailers, and other equipment for the presence of aquatic plants, aquatic plant parts, and aquatic nuisance species. The training program shall include online training, recorded material, training manuals, or other material that allows a person to complete training remotely.(b) The Secretary of Natural Resources shall establish a training program regarding how to decontaminate vessels, motor vehicles, trailers, and other equipment to prevent the spread of aquatic plants, aquatic plant parts, and aquatic nuisance species. The training program shall instruct participants regarding how to address noncompliance with the requirements of section 1454 of this title, including how:  (1) operators of the inspection station do not have authority to board a vessel unless authorized by the vessel owner; and (2) operators of the inspection station do not have law enforcement authority to mandate compliance with the requirements of section 1454 of this title.   (c) In order to establish an aquatic nuisance species inspection station for the purposes of the vessel inspection and decontamination requirements of subsection 1454(c) of this title, a lake association, municipality, or the Commissioner of Environmental Conservation shall apply to the Secretary for approval. As a condition of approval, a representative of a lake association or municipality shall complete the training programs established under subsections (a) and (b) of this section. A lake association or municipality seeking to operate an aquatic nuisance species inspection station shall designate a representative to complete the training programs established under subsections (a) and (b) of this section.(d) A lake association or municipality approved to operate an aquatic nuisance species inspection station under subsection (c) of this section shall provide persons who will operate the aquatic nuisance species inspection station with training materials furnished by the Secretary regarding how to conduct the inspection and decontamination of vessels, motor vehicles, trailers, and other equipment for the presence of aquatic plants, aquatic plant parts, and aquatic nuisance species.(e) The Secretary may adopt rules under section 1460 of this title to implement the training requirements of this section, including an annual schedule of available training. (Added 2017, No. 67, § 4, eff. June 8, 2017.)