reglab/housing_qa huggingface dataset:
10 V.S.A. § 1403
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 48 - Groundwater Protection|§ 1403. Closure of abandoned wells

§ 1403. Closure of abandoned wells|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. (Added 1989, No. 201 (Adj. Sess.), § 8.)
10 V.S.A. § 1416
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 48 - Groundwater Protection|§ 1416. Definitions

§ 1416. Definitions|As used in this subchapter:  (1) "Farming" means farming as the term is defined in subdivision 6001(22) of this title. (2) "Groundwater" means water below the land surface, including springs. (3) "Person" means any individual, partnership, company, corporation, cooperative, association, unincorporated association, joint venture, trust, the State of Vermont, or any department, agency, subdivision, or municipality, the U.S. government or any department, agency, or subdivision, or any other legal or commercial entity. (4) "Spring" means a groundwater source where groundwater flows naturally to the surface of the earth and is collected with a developed structure that is designed to locate or extract groundwater. (5) "Surface water" means waters within the meaning of subdivision 1251(13) of this title. (6) "Water resources" means groundwater or surface water. (7) "Well" means any hole drilled, driven, bored, excavated, or created by similar method into the earth to locate, monitor, extract, or recharge groundwater where the water table or potentiometric surface is artificially lowered through pumping. (8) "Withdraw" or "withdrawal" means the intentional removal by any method or instrument of groundwater from a well, spring, or combination of wells or springs. (Added 2007, No. 199 (Adj. Sess.), § 2, eff. June 9, 2008.)
10 V.S.A. § 1417
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 48 - Groundwater Protection|§ 1417. Existing groundwater withdrawal; reporting

§ 1417. Existing groundwater withdrawal; reporting|(a) Beginning September 1, 2009, any person that withdraws more than 20,000 gallons per day, averaged over a calendar month at a single tract of land or place of business shall file a groundwater report with the Secretary of Natural Resources on or before September 1 for the preceding calendar year. The report shall be made on a form prescribed by the Secretary and shall include:  (1) the location, capacity, frequency, and rate of the withdrawal; (2) a description of the use of the water withdrawn; and (3) where feasible, the distance of each withdrawal from the nearest surface water source and wetland.   (b) The following are exempt from the reporting requirements of this section:  (1) a groundwater withdrawal for fire suppression or other public emergency purposes; (2) a withdrawal reported to the Agency of Natural Resources under any program that requires the reporting of substantially similar data. The Agency of Natural Resources shall record such withdrawals with the information from withdrawals reported under this section; (3) domestic, residential use; (4) groundwater withdrawal for farming; (5) dairy processors and milk handlers licensed in accordance with 6 V.S.A. § 2721; (6) public water systems, as that term is defined in section 1671 of this title; and (7) closed loop, standing column, or similar non-extractive geothermal heat pumps.   (c) The Secretary of Natural Resources may adopt rules to implement this section, including methods for calculating or estimating the amount of groundwater withdrawn from a well or spring. (Added 2007, No. 199 (Adj. Sess.), § 2, eff. June 9, 2008.)
10 V.S.A. § 1419
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 48 - Groundwater Protection|§ 1419. Circumvention

§ 1419. Circumvention|The Secretary may require a person to report under section 1417 of this title or obtain a permit under section 1418 of this title when the Secretary, in his or her discretion, determines that a withdrawal, subdivision of land, transfer of property, or other action is intended to circumvent the requirements of this subchapter. (Added 2007, No. 199 (Adj. Sess.), § 2, eff. June 9, 2008.)
10 V.S.A. § 1421
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49 - Protection of Navigable Waters and Shorelands|§ 1421. Policy

§ 1421. Policy|To aid in the fulfillment of the State's role as trustee of its navigable waters and to promote public health, safety, convenience, and general welfare, it is declared to be in the public interest to make studies, establish policies, make plans, make rules, encourage and promote buffers adjacent to lakes, ponds, reservoirs, rivers, and streams of the State, encourage and promote protected river corridors adjacent to rivers and streams of the State, and authorize municipal shoreland and river corridor protection zoning bylaws for the efficient use, conservation, development, and protection of the State's water resources. The purposes of the rules shall be to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish, and aquatic life; control building sites, placement of structures, and land uses; reduce fluvial erosion hazards; reduce property loss and damage; preserve shore cover, natural beauty, and natural stability; and provide for multiple use of the waters in a manner to provide for the best interests of the citizens of the State. (Added 1969, No. 281 (Adj. Sess.), § 13; amended 2009, No. 110 (Adj. Sess.), § 2; 2011, No. 138 (Adj. Sess.), § 7, eff. May 14, 2012.)
10 V.S.A. § 1424
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49 - Protection of Navigable Waters and Shorelands|§ 1424. Use of public waters

§ 1424. Use of public waters|(a) The Secretary may establish rules to implement the provisions of this chapter, including:  (1) Rules to regulate the use of public waters of the State by:  (A) defining areas on public waters wherein certain uses may be conducted; (B) defining the uses which may be conducted in the defined areas; (C) regulating the conduct in these areas, including the size of motors allowed, size of boats allowed, allowable speeds for boats, and prohibiting the use of motors or houseboats; (D) regulating the time various uses may be conducted.  (2) Rules to govern the surface levels of lakes, ponds, and reservoirs that are public waters of the State.   (b) The Secretary in establishing rules under subdivision (a)(2) of this section shall consider the size and flow of the navigable waters, the predominant use of adjacent lands, the depth of the water, the predominant use of the waters prior to regulation, the uses for which the water is adaptable, the availability of fishing, boating, and bathing facilities, the scenic beauty, and recreational uses of the area.(c) The Secretary shall attempt to manage the public waters so that the various uses may be enjoyed in a reasonable manner, in the best interests of all the citizens of the State. To the extent possible, the Secretary shall provide for all normal uses.(d) [Repealed.](e) On receipt of a written request that the Secretary adopt, amend, or repeal a rule with respect to the use of public waters signed by not less than one person, the Secretary shall consider the adoption of rules authorized under this section and take appropriate action as required under 3 V.S.A. § 806.(f) By rule, the Secretary may delegate authority under this section for the regulation of public waters where:  (1) The delegation is to a municipality that is adjacent to or which contains the water; and (2) The municipality accepts the delegation by creating or amending a bylaw or ordinance for regulation of the water. Appeals from a final act of the municipality under the bylaw or ordinance shall be taken to the Environmental Division. The Secretary may terminate a delegation for cause or without cause upon six months' notice to the municipality. (Added 1969, No. 281 (Adj. Sess.), § 13; amended 1973, No. 147 (Adj. Sess.), § 3; 1979, No. 113 (Adj. Sess.), § 1; 1981, No. 222 (Adj. Sess.), §§ 27, 28; 2003, No. 115 (Adj. Sess.), § 36, eff. Jan. 31, 2005; 2003, No. 115 (Adj. Sess.), § 37; 2011, No. 138 (Adj. Sess.), § 23, eff. May 14, 2012.)
10 V.S.A. § 1424a
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49 - Protection of Navigable Waters and Shorelands|§ 1424a. Outstanding resource waters

§ 1424a. Outstanding resource waters|(a) The Secretary, on his or her own motion, may hold a public hearing on the question of whether particular waters should be designated as outstanding resource waters, or whether an existing designation should be amended or repealed. On receipt of a signed written request, the Secretary shall consider the adoption, amendment, or repeal of rules regarding outstanding resource water designation and shall take appropriate action as required under 3 V.S.A. § 806. Any hearing shall be held convenient to the waters in question, or in a county where the waters are located.(b) Any hearing shall be conducted as part of the rulemaking process established under 3 V.S.A. chapter 25.(c) [Repealed.](d) In making its rulemaking decision, the Secretary may consider, but shall not be limited to considering, the following:  (1) existing water quality and current water quality classification; (2) the presence of aquifer protection areas; (3) the waters' value in providing temporary water storage for flood water and storm runoff; (4) the waters' value as fish habitat; (5) the waters' value in providing or maintaining habitat for threatened or endangered plants or animals; (6) the waters' value in providing habitat for wildlife, including stopover habitat for migratory birds; (7) the presence of gorges, rapids, waterfalls, or other significant geologic features; (8) the presence of scenic areas and sites; (9) the presence of rare and irreplaceable natural areas; (10) the presence of known archeological sites; (11) the presence of historic resources, including those designated as historic districts or structures; (12) existing usage and accessibility of the waters for recreational, educational, and research purposes and for other public uses; (13) studies, inventories and plans prepared by local, regional, statewide, national, or international groups or agencies, that indicate the waters in question merit protection as outstanding resource waters; (14) existing alterations, diversions or impoundments by permit holders under State or federal law.   (e) After consideration of all relevant information, the Secretary shall adopt rules designating the waters as outstanding resource waters if it finds that they have exceptional natural, recreational, cultural, or scenic values. Designation as outstanding resource waters shall not invalidate the terms of existing permits issued by the State or federal government. (Added 1987, No. 67, § 3; amended 1987, No. 74, § 18; 2003, No. 115 (Adj. Sess.), § 38, eff. Jan. 31, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)
10 V.S.A. § 1425
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49 - Protection of Navigable Waters and Shorelands|§ 1425. Shoreland protection bylaws

§ 1425. Shoreland protection bylaws|(a) The Secretary of Natural Resources shall establish a shoreland management program to aid and support municipalities in adopting municipal shoreland bylaws that comply with 24 V.S.A. § 4411. The Secretary shall prepare and provide general recommended standards and criteria for shoreland bylaws utilizing the criteria set forth in section 1423 of this title. On or before February 2011, the Secretary shall develop best management practices for the management of shorelands, including buffers within shorelands, and other management techniques designed to protect the quality of public waters. The Secretary shall assist the regional planning commissions in preparing appropriate sample bylaws that conform to the intent of this section.(b) The Secretary, the municipalities, and all State agencies shall mutually cooperate to accomplish the objectives of this section. To that end, the Secretary shall consult with the governing bodies of municipalities and shall extend all possible assistance. The Secretary shall provide appropriate sample bylaws by September 1, 1974. By September 1, 1974 the Secretary shall also contact every municipality with shorelands:  (1) commenting on their existing shoreland bylaws; and (2) providing them with a detailed and specific program as to the steps necessary to adopt shoreland bylaws. In contacting municipalities, the Secretary shall send copies of his correspondence by certified mail to the selectboard, town clerk, and planning commission. Copies of this correspondence should also be sent to the regional planning commission for that municipality, the State planning office and the Agency of Commerce and Community Development.   (c) On or before January 15, 1975 and again on or before January 15, 1976 the Secretary shall make a complete and definitive report to the General Assembly on the status of shoreland zoning in Vermont. This report shall contain a municipality-by-municipality analysis of which municipalities have received appropriate sample bylaws and what actions, if any, have been taken thereon by the municipalities.(d) This section and 24 V.S.A. § 4411 shall be construed together to accomplish the purposes and objectives of this section.(e) Beginning February 1, 2011, the Secretary of Administration, after consultation with the State agencies of relevant jurisdiction, shall offer financial incentives to municipalities through existing grants and pass-through funding programs that encourage municipal adoption and implementation of zoning bylaws that protect shorelands and buffers. (Added 1969, No. 281 (Adj. Sess.), § 13; amended 1973, No. 147 (Adj. Sess.), §§ 4, 5; 1995, No. 190 (Adj. Sess.), § 1(a); 2009, No. 110 (Adj. Sess.), § 4.)
10 V.S.A. § 1426
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49 - Protection of Navigable Waters and Shorelands|§ 1426. Penalty

§ 1426. Penalty|Any person who violates a rule adopted under this chapter shall be subject to the civil penalty provision of 23 V.S.A. § 3317(b). (Added 1969, No. 281 (Adj. Sess.), § 13; amended 1989, No. 65, § 15; 1999, No. 42, § 2, eff. May 25, 1999; 2019, No. 14, § 36, eff. April 30, 2019.)
10 V.S.A. § 1427
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49 - Protection of Navigable Waters and Shorelands|§ 1427. River corridors and buffers

§ 1427. River corridors and buffers|(a) River Corridor and Floodplain Management Program. The Secretary of Natural Resources shall establish a River Corridor and Floodplain Management Program to aid and support the municipal adoption of a flood resilience plan under 24 V.S.A. § 4382 and of river corridor, floodplain, and buffer bylaws. Under the River Corridor and Floodplain Management Program, the Secretary shall:  (1) assess the geomorphic condition and sensitivity of the rivers of the State and identify where the sensitivity of a river poses a probable risk of harm to life, property, or infrastructure; (2) delineate and map river corridors based on the river sensitivity assessments required under subdivision (1) of this subsection according to a priority schedule established by the Secretary by procedure; and (3) develop recommended best management practices for the management of river corridors, floodplains, and buffers.   (b) River sensitivity assessment; Secretary's discretion. Notwithstanding the schedule established by the Secretary under subdivision (a)(2) of this section, the Secretary may complete a sensitivity assessment for a river if, in the Secretary's discretion, the sensitivity of a river and the risk it poses to life, property, and infrastructure require an expedited assessment.(c) Municipal consultation during river assessment. Prior to and during an assessment of river sensitivity required under subsection (a) of this section, the Secretary shall consult with the legislative body or designee of municipalities and the regional planning commissions in the area in which a river is located. (Added 2009, No. 110 (Adj. Sess.), § 5; amended 2011, No. 138 (Adj. Sess.), § 9, eff. May 14, 2012; 2013, No. 16, § 7, eff. July 1, 2014.)
10 V.S.A. § 1428
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49 - Protection of Navigable Waters and Shorelands|§ 1428. River corridor protection

§ 1428. River corridor protection|(a) River corridor maps. Upon completion of a sensitivity assessment for a river or river segment under section 1427 of this title, the Secretary shall provide to each municipality and regional planning commission in which the river or river segment is located a copy of the sensitivity assessment and a river corridor map for the municipality and region. A river corridor map provided to a municipality and regional planning commission shall identify floodplains, river corridor protection areas, flood hazard areas, and other areas or zones indicated on a Federal Emergency Management Agency flood insurance rate map, and shall recommend best management practices, including vegetated buffers, based on site-specific conditions. The Secretary shall post a copy of the sensitivity assessment and river corridor map to the Agency of Natural Resources' website. A municipality with a mapped river or river segment shall post a copy of a sensitivity assessment and river corridor map received under this subsection in the municipal offices and on the municipality's website, if the municipality regularly updates its website. A regional planning commission shall post a sensitivity assessment or river corridor map received under this subsection in the commission's offices and on the commission's website. When a sensitivity assessment or a river corridor map is provided to a municipality, provided to a regional planning commission, or posted on the Agency website, the Agency shall provide all information, including the supportive data, in a digital format.(b) River corridor protection area bylaw. The Secretary shall create and make available to municipalities several alternative model river corridor protection area bylaws or ordinances for potential adoption by municipalities pursuant to 24 V.S.A. chapter 117 or 24 V.S.A. § 2291. The model bylaws or ordinances shall use terminology consistent with the National Flood Insurance Program regulations.(c) Flood Resilient Communities Program; incentives. No later than February 1, 2013, the Secretary of Administration, after consultation with the State agencies of relevant jurisdiction, shall offer financial incentives through a Flood Resilient Communities Program. The Program shall list the existing financial incentives under State law for which municipalities may apply for financial assistance, when funds are available, for municipal adoption and implementation of bylaws under 24 V.S.A. chapter 117 that protect river corridors and floodplains. The Secretary of Natural Resources shall summarize minimum standards for municipal eligibility for any financial incentives established under this subsection. (Added 2011, No. 138 (Adj. Sess.), § 10, eff. May 14, 2012.)
10 V.S.A. § 1441
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49A - Lake Shoreland Protection Standards|§ 1441. Purpose

§ 1441. Purpose|The purposes of this chapter shall be to:  (1) provide clear and adaptable standards for the creation of impervious surface or cleared area in lands adjacent to lakes; (2) prevent degradation of water quality in lakes and preserve natural stability of shoreline; (3) protect aquatic biota and protect habitat for wildlife and aquatic life; (4) mitigate, minimize, and manage any impact of new impervious surface and new cleared area on the lakes of the State; (5) mitigate the damage that floods and erosion cause to development, structures, and other resources in the lands adjacent to lakes; (6) accommodate creation of cleared areas and impervious surfaces in protected shoreland areas in a manner that allows for reasonable development of existing parcels; (7) protect shoreland owners' access to, views of, and use of the State's lakes; and (8) preserve and further the economic benefits and values of lakes and their adjacent shorelands. (Added 2013, No. 172 (Adj. Sess.), § 2.)
10 V.S.A. § 1443
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 49A - Lake Shoreland Protection Standards|§ 1443. Individual permit requirements for impervious surface or cleared area in a protected shoreland area

§ 1443. Individual permit requirements for impervious surface or cleared area in a protected shoreland area|(a) Permit requirement. A person shall not create cleared area or impervious surface in a protected shoreland area without a permit from the Secretary issued under this section, except for activities authorized to occur without a permit under section 1446 of this title.(b) Permit issuance. The Secretary shall issue a permit under this section if the proposed impervious surface or cleared area meets the requirements of section 1444 or 1445 of this title.(c) Permit process. When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.(d) Permit condition. A permit issued under this section may include permit conditions, including authorizing a permittee, no more frequently than two times per year, to clear vegetative cover within three feet of both sides of a footpath within the protected shoreland area in order to allow access to the mean water level for maintenance or repair of recreational structures or for other activity approved by the Secretary.(e) Permit term. Individual permits issued under this section shall be for an indefinite term, provided that the permittee complies with the requirements of the permit and takes no additional action for which an individual permit is required.(f) Recording. A permit or registration issued under this chapter shall, for the purposes of having the permit or registration run with the land, be recorded in the land records of the municipality in which the impervious surface or cleared area is located.(g) Public recreational areas. Notwithstanding the requirements of sections 1444 and 1445 of this title, the Secretary shall issue a permit under this chapter for a public recreational area project if the permit applicant demonstrates and the Secretary finds that:  (1) the recreational activity provides access to the water for the general public and promotes the public trust uses of the water; (2) the impervious surface or cleared area is necessary to achieve the recreational purpose of the project, and the project must be constructed within the protected shoreland area to achieve its recreational function; and (3) the project conforms with best management practices approved by the Secretary that protect the habitat and water quality of the lake while achieving the public recreational purposes. (Added 2013, No. 172 (Adj. Sess.), § 2; amended 2015, No. 150 (Adj. Sess.), § 20, eff. Jan. 1, 2018.)