reglab/housing_qa huggingface dataset:
10 V.S.A. § 1004
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 41 - Regulation of Stream Flow|§ 1004. State's agent

§ 1004. State's agent|The Secretary shall be the agent to coordinate the State interest before the Federal Energy Regulatory Commission in all matters involving water quality and regulation or control of natural stream flow through the use of dams situated on streams within the boundaries of the State, and it shall advise the Federal Energy Regulatory Commission of the amount of flow considered necessary in each stream under consideration. The Agency of Natural Resources shall be the certifying agency of the State for purposes of Section 401 of the federal Clean Water Act and the Secretary's determinations on these certifications shall be final action by the Secretary appealable to the Environmental Division. The Secretary shall be the agent of the State and shall represent the State's interest under the provisions of the Federal Power Act, including those that protect State-designated outstanding resource waters. However, the Secretary's authority shall not infringe upon the powers and duties of the Public Utility Commission or the relations of that Commission to the Federal Energy Regulatory Commission as set forth in the Federal Power Act respecting water used for the development of hydroelectric power or projects incident to the generation of electric energy for public use as part of a public utility system. (Added 1965, No. 37, § 4; amended 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 3, eff. April 27, 1984; 1987, No. 67, § 12; 1987, No. 76, § 18; 1991, No. 81, § 1; 2003, No. 115 (Adj. Sess.), § 19, eff. Jan. 31, 2005.)
10 V.S.A. § 1005a
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 41 - Regulation of Stream Flow|§ 1005a. Agency of Natural Resources; hydroelectric escrow fund

§ 1005a. Agency of Natural Resources; hydroelectric escrow fund|(a) The Secretary of Natural Resources, with the approval of the Secretary of Administration, shall have the authority to enter into one or more written contracts with persons or entities to fund certifications under Section 401 of the federal Clean Water Act and State reviews and comments on Federal Energy Regulatory Commission (FERC) hydroelectric licensing as undertaken by or at the direction of the Agency of Natural Resources as the State's agent under section 1004 of this title. Funding provided under this section for such studies shall not exceed $300,000.00 in the aggregate in any fiscal year. Such contracts shall establish mutually agreed upon study budgets, provide a means for tracking costs as they are incurred by the Agency in conducting the studies, establish a procedure for rendering periodic billings to the persons or entities contracting with the Agency for the payment of such costs, and provide for an annual accounting of all such expenditures through the annual State budget process. The term of any such contract may not exceed three years. The Agency of Natural Resources may enter into one or more contracts with more than one person or entity providing for payment of such costs through an agent, provided such agent is mutually agreed upon by the participating persons or entities and the Agency.(b) All payments made to the Agency under such contracts shall be deposited into a special escrow fund created by the persons or entities with whom the Agency has contracted, to be known as the Hydroelectric Licensing Fund. All unencumbered balances in the Fund at the end of any fiscal year shall revert to the persons or entities contracted with on a prorated basis. Disbursements from the Fund shall be made to the Agency of Natural Resources to support those programs of the Agency of Natural Resources incurring the costs of conducting the studies. (Added 1997, No. 59, § 39a, eff. June 30, 1997.)
10 V.S.A. § 1022
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 41 - Regulation of Stream Flow|§ 1022. Application for alteration

§ 1022. Application for alteration|A person proposing to change, alter, or modify the course, current, or cross section of a watercourse shall apply in writing to the Secretary for a permit to do so. The application shall describe the location and purpose of the proposed change and shall be accompanied by the maps and plans and other information the Secretary shall direct. When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title and the requirements of this subchapter. (Added 1965, No. 111, § 2, eff. June 22, 1965; amended 1969, No. 281 (Adj. Sess.), § 7; 1975, No. 150 (Adj. Sess.), § 3; 1979, No. 159 (Adj. Sess.), § 12; 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 5, eff. April 27, 1984; 1987, No. 67, § 5; 2015, No. 150 (Adj. Sess.), § 10, eff. Jan. 1, 2018.)
10 V.S.A. § 1024
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 41 - Regulation of Stream Flow|§ 1024. Appeals

§ 1024. Appeals|Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title. (Added 1965, No. 111, § 4, eff. June 22, 1965; amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1975, No. 150 (Adj. Sess.), § 5; 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 7, eff. April 27, 1984; 1987, No. 67, § 7; 1991, No. 81, § 2; 1997, No. 161 (Adj. Sess.), § 9, eff. Jan. 1, 1998; 2001, No. 94 (Adj. Sess.), § 2.; 2003, No. 115 (Adj. Sess.), § 20, eff. Jan. 31, 2005.)
10 V.S.A. § 1025
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 41 - Regulation of Stream Flow|§ 1025. Penalty

§ 1025. Penalty|(a) A prosecution under this subsection may be commenced in the Superior Court of the county in which the alleged violation occurred. A person who violates a provision of this subchapter may be fined not more than $10,000.00. Each violation may be a separate offense upon commission. In the case of a continuing violation, each day's continuance thereof may be deemed a separate offense, starting from the day the violator is served with notice of the violation. The service shall be by hand or by certified mail, return receipt requested.(b) For a violation of this subchapter, the Secretary may order restoration, and the responsible party or parties will bear the cost of restoration. Restoration will be under the supervision of the Secretary and will be deemed satisfactory only after receiving the approval of the Secretary. (Added 1965, No. 111, § 5, eff. June 22, 1965; amended 1969, No. 281 (Adj. Sess.), § 9; 1975, No. 150 (Adj. Sess.), § 6; 1981, No. 222 (Adj. Sess.), § 24; 1987, No. 67, § 8.)
10 V.S.A. § 1027
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 41 - Regulation of Stream Flow|§ 1027. Rulemaking; emergency permit

§ 1027. Rulemaking; emergency permit|(a) The Secretary may adopt rules to implement the requirements of this subchapter.(b) The Secretary shall adopt rules regarding the permitting of stream alteration activities under this subchapter during a state of emergency declared under 20 V.S.A. chapter 1 or during flooding or other emergency conditions that pose an imminent risk to life or a risk of damage to public or private property. Any rule adopted under this subsection shall comply with National Flood Insurance Program requirements. A rule adopted under this subsection shall include a requirement that an activity receive an individual stream alteration emergency permit or receive coverage under a general stream alteration emergency permit.  (1) A rule adopted under this subsection shall establish:  (A) criteria for coverage under an individual permit and criteria for coverage under a general emergency permit; (B) criteria for different categories of activities covered under a general emergency permit, including emergency protective measures under subsection 1021(b) of this title; (C) requirements for public notification of permitted activities, including notification after initiation or completion of a permitted activity; (D) requirements for coordination with State and municipal authorities; and (E) requirements that the Secretary document permitted activity, including, at a minimum, requirements for documenting permit terms, documenting permit duration, and documenting the nature of an activity when the rules authorize notification of the Secretary after initiation or completion of the activity.  (2) A rule adopted under this section may:  (A) establish reporting requirements for categories of activities; (B) authorize an activity that does not require reporting to the Secretary; or (C) authorize an activity that requires reporting to the Secretary after initiation or completion of an activity. (Added 2011, No. 138 (Adj. Sess.), § 5, eff. May 14, 2012.)
10 V.S.A. § 1031
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 41 - Regulation of Stream Flow|§ 1031. Policy on water withdrawal for snowmaking

§ 1031. Policy on water withdrawal for snowmaking|(a) This subchapter is intended to establish a policy for snowmaking that supports and is consistent with section 1001 of this title and with chapter 47 of this title, including the water quality standards.(b) This policy established under this subchapter is to:  (1) assure the protection, maintenance, and restoration of the chemical, physical, and biological water quality, including water quantity, necessary to sustain aquatic communities and stream functions; (2) help to provide for and enhance the viability of Vermont's ski industry, which uses certain of the State's waters for snowmaking; (3) permit water withdrawals, diversions, impoundments, and the construction of appurtenant facilities for snowmaking, based on an analysis of the need for water and a consideration of alternatives, consistent with this policy and other applicable laws and rules; (4) recognize that existing users of the State's waters for snowmaking, which may have an adverse effect on water quality, should have time and opportunity to improve water quality. (Added 1995, No. 15, § 1.)
10 V.S.A. § 1032
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 41 - Regulation of Stream Flow|§ 1032. Rulemaking on snowmaking withdrawals

§ 1032. Rulemaking on snowmaking withdrawals|The Secretary shall adopt rules to determine conservation flow standards for snowmaking, to be used in relevant Agency of Natural Resources regulatory processes governing water withdrawals, diversions, impoundments, and the construction of appurtenant facilities, and to be used in developing positions to be asserted by the Agency in other State regulatory processes governing conservation flows for snowmaking. These rules shall not supersede water quality standards adopted by the Secretary pursuant to chapter 47 of this title. These rules shall achieve the purposes of this subchapter, and shall provide for the periodic review of any decision issued under the rules. All existing water withdrawals, diversions, and impoundments for snowmaking that are permitted at instream flows below the standards shall be reviewed by July 1, 2000. (Added 1995, No. 15, § 1; amended 2003, No. 115 (Adj. Sess.), § 21, eff. Jan. 31, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)
10 V.S.A. § 1079
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1079. Purpose

§ 1079. Purpose|It is the purpose of this chapter to protect public safety and provide for the public good through the inventory, inspection, and evaluation of dams in the State. (Added 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1080
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1080. Definitions

§ 1080. Definitions|As used in this chapter:  (1) "Department" means the Department of Environmental Conservation. (2) "Person" means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity. (3) "Interested person" means, in relation to any dam, a person: who has riparian rights affected by that dam; who has a substantial interest in economic or recreational activity affected by the dam; or whose safety would be endangered by a failure of the dam. (4) "Engineer" means a professional engineer licensed under Title 26 who has experience in the design and investigation of dams. (5) "Time" shall be reckoned in the manner prescribed by 1 V.S.A. § 138. (6)(A) "Dam" means any artificial barrier, including its appurtenant works, that is capable of impounding water, other liquids, or accumulated sediments.  (B) "Dam" includes an artificial barrier that meets all of the following:  (i) previously was capable of impounding water, other liquids, or accumulated sediments; (ii) was partially breached; and (iii) has not been properly removed or mitigated.  (C) "Dam" shall not mean:  (i) barriers or structures created by beaver or any other wild animal as that term is defined in section 4001 of this title; (ii) transportation infrastructure that has no normal water storage capacity and that impounds water only during storm events; (iii) an artificial barrier at a stormwater management structure that is regulated by the Agency of Natural Resources under chapter 47 of this title; (iv) an underground or elevated tank to store water otherwise regulated by the Agency of Natural Resources; (v) an agricultural waste storage facility regulated by the Agency of Agriculture, Food and Markets under 6 V.S.A. chapter 215; or (vi) any other structure identified by the Department by rule.   (7) "Federal dam" means:  (A) a dam owned by the United States; or (B) a dam subject to a Federal Energy Regulatory Commission license or exemption.  (8) "Intake structure" means a dam that is constructed and operated for the primary purposes of minimally impounding water for the measurement and withdrawal of streamflow to ensure use of the withdrawn water for snowmaking, potable water, irrigation, or other purposes approved by the Department. (9) "Nonfederal dam" means a dam that is not a federal dam. (Added 1981, No. 242 (Adj. Sess.), § 1; amended 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 22; 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1081
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1081. Jurisdiction of Department and Public Utility Commission

§ 1081. Jurisdiction of Department and Public Utility Commission|(a) Powers and duties. Unless otherwise provided, the powers and duties authorized by this chapter shall be exercised by the Department, except that the Public Utility Commission shall exercise those powers and duties over nonfederal dams and projects that relate to or are incident to the generation of electric energy for public use or as a part of a public utility system. Nonfederal dams at which the generation of electric energy is subject to licensing jurisdiction under the Federal Power Act, 16 U.S.C. chapter 12, subchapter 1, shall not be under the jurisdiction of the Public Utility Commission.(b) Transfer of jurisdiction. Jurisdiction over a nonfederal dam is transferred from the Department to the Public Utility Commission when the Public Utility Commission receives an application for a certificate of public good for electricity generation at that dam. Jurisdiction is transferred to the Department when the license or exemption for a federal dam expires or is otherwise lost; when a certificate of public good is revoked or otherwise lost; or when the Public Utility Commission denies an application for a certificate of public good.(c) Transfer of records. Upon transfer of jurisdiction as set forth in subsection (b) of this section and upon written request, the State agency having former jurisdiction over a dam shall transfer copies of all records pertaining to the dam to the agency acquiring jurisdiction. (Amended 1959, No. 203; 1959, No. 329 (Adj. Sess.), § 39, eff. March 1, 1961; 1961, No. 100, § 2; 1981, No. 242 (Adj. Sess.), § 2; 2017, No. 161 (Adj. Sess.), § 1; 2021, No. 42, § 1.)
10 V.S.A. § 1082
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1082. Authorization

§ 1082. Authorization|(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 State agency having jurisdiction so to do. 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. (Amended 1975, No. 179 (Adj. Sess.), § 1; 1981, No. 242 (Adj. Sess.), § 3; 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1083
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1083. Application

§ 1083. Application|(a) Any person who proposes to undertake an action subject to regulation pursuant to section 1082 of this title shall apply in writing to the State agency having jurisdiction. The application shall set forth:  (1) the location; the height, length, and other dimensions; and any proposed changes to any existing dam; (2) the approximate area to be overflowed and the approximate number of or any change in the number of cubic feet of water to be impounded; (3) the plans and specifications to be followed in the construction, remodeling, reconstruction, altering, lowering, raising, removal, breaching, or adding to; (4) any change in operation and maintenance procedures; and (5) other information that the State agency having jurisdiction considers necessary to review the application.   (b) The plans and specifications shall be prepared under the supervision of an engineer. (Amended 1959, No. 329 (Adj. Sess.), § 23(d), eff. March 1, 1961; 1975, No. 179 (Adj. Sess.), § 2; 1981, No. 242 (Adj. Sess.), § 4; 2015, No. 150 (Adj. Sess.), § 12, eff. Jan. 1, 2018; 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1084
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1084. Department of Fish and Wildlife; investigation

§ 1084. Department of Fish and Wildlife; investigation|The Commissioner of Fish and Wildlife shall investigate the potential effects on fish and wildlife habitats of any proposal subject to section 1082 of this title and shall certify the results to the State agency having jurisdiction prior to any hearing or meeting relating to the determination of public good and public safety. (Amended 1975, No. 179 (Adj. Sess.), § 3; 1981, No. 242 (Adj. Sess.), § 6; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 2017, No. 161 (Adj. Sess.), § 1.)
10 V.S.A. § 1085
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 43 - Dams|§ 1085. Notice of application

§ 1085. Notice of application|Upon receipt of the application required by section 1082 of this title, the State agency having jurisdiction shall give notice to the legislative body of each municipality in which the dam is located and to all interested persons.  (1) The Department shall proceed in accordance with chapter 170 of this title. (2) For any project subject to its jurisdiction under this chapter, the Public Utility Commission shall hold a hearing on the application. The purpose of the hearing shall be to determine whether the project serves the public good as defined in section 1086 of this title and provides adequately for the public safety. The hearing shall be held in a municipality in the vicinity of the proposed project and may be consolidated with other hearings, including hearings under 30 V.S.A. § 248 concerning the same project. Notice shall be given at least 10 days before the hearing to interested persons by posting in the municipal offices of the towns in which the project will be completed and by publishing in a local newspaper. (Amended 1981, No. 242 (Adj. Sess.), § 7; 2015, No. 150 (Adj. Sess.), § 13, eff. Jan. 1, 2018; 2017, No. 161 (Adj. Sess.), § 1.)