reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 711. Determination of need; boundaries of proposed district

§ 711. Determination of need; boundaries of proposed district
(a) After hearing thereon, if the Council shall determine that there is need, in the interest of the public health, safety, and welfare for a district, it shall make and record such determination, and shall define the boundaries of such districts by metes and bounds.
(b) In making such determination and in defining such boundaries, the Council shall give due weight and consideration to the topography of the area considered and of the State, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions, and to other natural resources conservation districts already organized or proposed for organization under the provisions of this chapter, and such other physical, geographical, and economic factors as are relevant. The territory to be included within such boundaries need not be contiguous.
(c) If the Council shall determine after such hearing that there is no need for a natural resources conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After six months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed and new hearings held and determinations made thereon. (Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1963, No. 79, § 1(b), eff. May 7, 1963; 1967, No. 303 (Adj. Sess.), § 15(b), eff. March 22, 1968.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 712. Referendum

§ 712. Referendum
(a) If after the Council has found and recorded a determination that there is need, in the interest of the public health, safety and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall hold a referendum within the proposed district upon the question of the creation of the district. Due notice of the proposed district meeting shall be given for a vote upon the following question:
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 713. Publication of results of referendum; determination of feasibility

§ 713. Publication of results of referendum; determination of feasibility
The Council shall publish the result of such referendum and, if a majority of the votes cast at the referendum is for the establishment of a district, and the Council determines that the operation of such district is administratively practicable and feasible, it shall record in its minutes such determination and shall proceed with the organization of the district. In making such determination, the Council shall give due regard to the attitudes of the owners of lands lying within the defined boundaries, and the proportion of the votes cast in such referendum in favor of the creation of the district, the probable expense of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination. (Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 714. Appointment and election of supervisors; application for creation of district

§ 714. Appointment and election of supervisors; application for creation of district
(a) When a district is established, the Council shall appoint two supervisors to act, with three supervisors elected by the landowners as the governing body of the district.
(b) The two appointed supervisors shall present to the Secretary of State an application signed by them, which shall set forth that a petition for the creation of the district was filed with the State Natural Resources Conservation Council pursuant to the provisions of this chapter, and that the proceedings specified in this chapter were taken pursuant to such petition; that the application is being filed in order to complete the organization of the district as a public body, corporate and politic, under this chapter; and that the application shall be subscribed to by each of the supervisors.
(c) The application shall be accompanied by a statement by the State Natural Resources Conservation Council that a petition was filed; that due notice was given and a referendum held on the question of the creation of such district; that a majority of the votes cast in such referendum were in favor of the creation of the district; that thereafter the Council did duly determine that the operation of the proposed district is administratively practicable and feasible. Such statement shall set forth the boundaries of the district as they have been defined by the Council.
(d) The term of office of an appointed supervisor shall end when his or her elected successor qualifies. (Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), §§ 8, 16(b), eff. March 22, 1968.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 715. Establishment of district as governmental subdivision; certificate

§ 715. Establishment of district as governmental subdivision; certificate
The Secretary of State shall file and record the application and statement in an appropriate book of record in his or her office. When the application and statement have been filed and recorded, the district shall constitute a governmental subdivision of this State and a public body corporate and politic, for the purposes set forth in this chapter. Without cost, the Secretary of State shall make and issue to the supervisors a certificate, under the seal of the State, of the due organization of the district, and shall record a copy of such certificate with the application and statement.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 716. Subsequent petition may be filed; when

§ 716. Subsequent petition may be filed; when
After six months shall have expired from the date of entry of a determination by the council that the operation of a proposed district is not administratively practicable and feasible, and denial of a petition pursuant to such determination, subsequent petitions may be filed and action taken thereon in accordance with the provisions of this chapter. (Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 717. Additional territory; petition to include

§ 717. Additional territory; petition to include
Petitions for including additional territory within an existing district may be filed with the Council, and the proceedings herein provided for in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. The Council shall prescribe the form for such petition. In referendum upon petitions for such inclusion, all owners of land lying within the proposed additional area shall be eligible to vote. (Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 718. Certificate as proof of validity of district

§ 718. Certificate as proof of validity of district
In any suit, action or proceeding involving the validity or enforcement of, or relating to any contract, proceeding or action of the district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 719. Elections

§ 719. Elections
After the issuance of a certificate by the Secretary of State certifying to the organization of a natural resources conservation district, nominating petitions shall be filed with the districts and shall be submitted to the Council once the nominee is approved by the districts as defined in section 720 of this title, who shall be qualified voters as hereinafter specified. No such nominating petition shall be accepted unless it shall be subscribed to by 25 or more owners of land lying within the boundaries of the district. Landowners may sign more than one nominating petition to nominate more than one candidate for supervisor. The names of all nominees shall appear, arranged in the alphabetical order of the surnames, upon ballots with a square before each name and a direction to insert an X mark in the square before one name to indicate the voter’s choice. Only landowners shall be eligible to vote. The candidates who shall receive the largest number of the votes cast in the election shall be the elected supervisors for the districts. The Council shall pay all the expenses, supervise, prescribe rules, determine eligibility of voters, and publish the results of all elections. (Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1963, No. 79, § 1(b), eff. May 7, 1963; 1967, No. 303 (Adj. Sess.), § 9, eff. March 22, 1968; 1995, No. 163 (Adj. Sess.), § 5, eff. May 15, 1996; 2019, No. 14, § 16, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 720. Supervisors as governing body of district; qualifications

§ 720. Supervisors as governing body of district; qualifications
The governing body of the district shall consist of five supervisors, elected or appointed under this chapter. The supervisors shall be persons residing within the district who are by training or experience, or both, as determined by the district qualified to perform the services which will be required of them, and shall not be employees of the federal government. Advisory supervisors may be appointed to a district board by a majority vote of the supervisors of that district. Term of office shall be designated at the time of appointment, and they shall serve without compensation. (Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), § 10, eff. March 22, 1968; 1995, No. 163 (Adj. Sess.), § 6, eff. May 15, 1996.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 721. Terms, vacancies, compensation

§ 721. Terms, vacancies, compensation
The supervisors shall designate a chair and, from time to time, may change the designation. One supervisor shall be elected each year for a term of five years. A supervisor shall continue to hold office until a successor has been elected or appointed and has qualified. Vacancies resulting from any cause shall be filled by appointment for the unexpired terms by the remaining supervisors. A majority of the supervisors shall constitute a quorum. A supervisor shall be entitled to receive compensation for services at a rate not to exceed the per diem rate as defined by 32 V.S.A. § 1010(b). A supervisor shall also be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of duties, from such district funds as are available. The supervisors, acting through the Council, may call upon the Attorney General of the State for such legal services as they may require, including rendering opinions and providing defense to suits. (Amended 1967, No. 303 (Adj. Sess.), § 11, eff. March 22, 1968; 1983, No. 142 (Adj. Sess.), § 2, eff. April 6, 1984; 1995, No. 163 (Adj. Sess.), § 7, eff. May 15, 1996.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 722. Duties of supervisors; bonds; records; removal

§ 722. Duties of supervisors; bonds; records; removal
(a) The supervisors shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds. They shall keep a full record of all proceedings and of all resolutions, rules, and orders issued, and shall provide for an annual audit of the receipts and disbursements.
(b) The supervisors shall conduct an annual meeting of the district after first publicizing such meeting in a manner approved by the council.
(c) Any supervisor may be removed by the State Natural Resources Conservation Council, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason. (Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), §§ 12, 13, 16(b), eff. March 22, 1968; 2019, No. 14, § 17, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 724. Land-use, erosion control, and natural resources conservation rules; approval

§ 724. Land-use, erosion control, and natural resources conservation rules; approval
The supervisors of any district shall have authority to formulate rules, as set forth in this chapter, governing the use of lands within the district in the interest of conserving soil, controlling soil and stream bank erosion, and promoting conservation of natural resources and drainage. The supervisors may conduct such public meetings and public hearings upon rules proposed to be enacted as may be necessary to assist them in this work. The supervisors shall not have authority to enact such land-use rules into ordinances unless a majority of the owners of land lying within the boundaries of the district cast their votes for the approval of the proposed ordinance. The approval of the proposed ordinance by a majority of the votes cast in the referendum shall not be deemed to require the supervisors to enact the proposed ordinance. The rules to be adopted by the supervisors under the provisions of this chapter may include provisions for conserving soil resources, soil and stream bank erosion, water quality improvement, and conservation of natural resources and drainage. (Amended 1995, No. 163 (Adj. Sess.), § 9, eff. May 15, 1996; 2019, No. 14, § 18, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 725. Uniformity of rules

§ 725. Uniformity of rules
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. (Amended 2019, No. 14, § 19, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 726. Ordinances prescribing rules; referendum

§ 726. Ordinances prescribing rules; referendum
A referendum shall be conducted as follows:
(1) The ordinances proposed to be enacted shall be delivered by the supervisors or by agents authorized by them, or by mail to the last known address of such owners of land within the district, together with a warning of a district meeting, which warning shall contain an article for a vote upon the following question:
Shall the proposed ordinance, No. . . ., prescribing land-use rules for conserving soil resources, soil and stream bank erosion, and conservation of natural resources, be adopted, the substance of which is as follows?
(2) The vote under such article shall be by ballot in the following form:
Shall the proposed ordinance No. . . ., prescribing land-use rules for conserving soil resources, soil and stream bank erosion, and conservation of natural resources be adopted?
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 727. Conduct of referendum

§ 727. Conduct of referendum
The supervisors shall prescribe appropriate rules governing the conduct of the referendum, and shall publish and record the result of the ballot. All owners of lands within the district shall be eligible to vote in such referendum. (Amended 2019, No. 14, § 21, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 728. Amendment or repeal of rules

§ 728. Amendment or repeal of rules
Any owner or person in possession of land within a district may at any time file a petition with the supervisors asking that any or all of the land-use rules prescribed in any ordinance adopted by the supervisors under the provisions of this chapter shall be amended, supplemented, or repealed. Land-use rules prescribed in any ordinance adopted pursuant to the provisions of this chapter shall not be amended, supplemented, or repealed except in accordance with the procedure prescribed in this chapter for adoption of land-use rules. Referenda on adoption, amendment, supplementation, or repeal of land-use rules shall not be held more often than once in six months. (Amended 2019, No. 14, § 22, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 729. Termination of district

§ 729. Termination of district
At any time after five years after the organization of a district under the provisions of this chapter, any 25 owners of land lying within the boundaries of the district may file a petition with the State Natural Resources Conservation Council praying that the operations of the district be terminated and the existence of the district discontinued. Proceedings to determine whether a district shall be discontinued shall follow so far as appropriate the procedure for the establishment of the district as set forth in this chapter. If a majority of the landowners of such district present and voting, vote to disband, the chair of the board of supervisors or a member of the board shall so certify to the Secretary of State. The Secretary of State shall issue to the supervisors a certificate of dissolution, and make proper record of this action. (Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), § 16(b), eff. March 22, 1968; 1995, No. 163 (Adj. Sess.), § 11, eff. May 15, 1996.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 730. Effect of termination

§ 730. Effect of termination
Upon issuance of a certificate of dissolution under the provisions of this chapter, all ordinances and rules previously adopted and in force within such districts shall be of no further force and effect. All contracts previously entered into, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. The State Natural Resources Conservation Council shall have the right to be substituted for the district or supervisors as party to such contracts and, if it elects, the Council shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, to sue and be sued thereon, and to modify or terminate such contracts by mutual consent or otherwise, as the supervisors of the district would have had. Such dissolution shall not affect the lien of any judgment entered under the provisions of this chapter, nor the pendency of any action instituted under the provisions of this chapter, and the Council shall succeed to all the rights and obligations of the district or supervisors as to such liens and actions. (Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), § 16(b), eff. March 22, 1968; 2019, No. 14, § 23, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 731. Failure to observe land-use ordinance; conferences

§ 731. Failure to observe land-use ordinance; conferences
(a) In the event that the supervisors of a district find that the provisions of a land-use ordinance adopted according to the provisions of this chapter are not being observed on particular lands, and that such nonobservance tends substantially to increase erosion on such lands and substantially interferes with the prevention or control of erosion or conservation of natural resources on other lands within the district, the supervisors may summon the owner of the land to appear before them to discuss the failure of the owner to observe the rules, and to perform particular work, operations, or avoidances as required by ordinance of the district, when the nonobservance tends substantially to increase erosion on the lands and substantially interferes with the prevention or control of erosion or conservation of natural resources on other lands within the district.
(b) By conference thus summoned, the supervisors and the owner of land not observing the ordinance adopted by the district, shall together make and sign a finding as to the issues that are involved in the failure of the owner to observe the ordinance of the district.
(c)(1) On the basis of such findings and if, after conference, it appears to the supervisors that there are great practical difficulties or unnecessary hardship involved in the full observance of the ordinance of the district, the supervisors shall endeavor to work out a program with the owner, as shall be acceptable to the owner and shall enable the owner to comply with the ordinance.
(2)(A) Alternatively, upon the basis of their findings, the supervisors may authorize such variance from the ordinances in their application to the lands of the owner who has not complied with the ordinance of the district, when such variance will relieve practical difficulties or unnecessary hardship to that owner and when such variance is not contrary to public interest and is in accordance with the purpose of land use regulations.
(B) The supervisors may request the landowner not complying with an ordinance to sign a stipulation setting forth the conditions agreed upon by the landowner and supervisors so that the practical difficulties or unnecessary hardship may be overcome and the work proceed by the consent of such landowner upon the land.
(d) Nothing in this chapter shall be construed so as to make ineffective any remedies available under the laws of the State. (Amended 1995, No. 163 (Adj. Sess.), § 12, eff. May 15, 1996; 2019, No. 14, § 24, eff. April 30, 2019; 2019, No. 61, § 13.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 734. Supervisors may petition Superior Court

§ 734. Supervisors may petition Superior Court
If a landowner does not sign such stipulation, the supervisors may petition the Superior Court to require such landowner to bring his or her land into conformity with the ordinance, and the court shall order such relief as it may deem necessary in the interest of public health, safety, and welfare. However, no landowner shall by ordinance or otherwise be required to pay any money or perform any act that shall not be for the protection of his or her own land nor shall he or she be required to pay any money, perform any act, or carry out any practice that shall not be in just proportion to the benefits that he or she will receive and further provided that he or she shall not be required to pay any money, perform any act, or carry out any practice that shall not be deemed to be necessary for the public good. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2019, No. 61, § 13.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 735. Validation of defectively organized districts

§ 735. Validation of defectively organized districts
All natural resources conservation districts heretofore organized are hereby recognized and declared to be natural resources conservation districts subject to the provisions of this chapter, notwithstanding any defect in the process of their organization. (Amended 1963, No. 79, § 1(b), eff. May 7, 1963; 1967, No. 303 (Adj. Sess.), § 15(b), eff. March 22, 1968.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 736. Division and combination of districts and unions — Generally

§ 736. Division and combination of districts and unions — Generally
Any district or union organized under the provisions of this chapter may be divided and the divided portions may become separate districts or unions or may be combined with one or more districts or unions as hereinafter provided. When the State Council deems it advisable to divide a district or union, the divided portions to become one or more separate districts or unions, or to be combined with one or more existing districts or unions, it shall first determine whether such divisions, or divisions and combinations, are administratively practicable and feasible. In making such determination, the State Council may hold hearings, conduct referenda, or use any other means that it deems adequate to assist it. However, no such determination may be made until after the district or union governing bodies of all districts or unions concerned have approved by resolution the proposed divisions, or divisions and combinations. When the State Council has determined such moves to be practicable and feasible, it shall by resolution declare the proposed divisions, or divisions and combinations, to be in effect. (Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), § 14, eff. March 22, 1968.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 737. Not more than three towns

§ 737. Not more than three towns
When the portion to be separated from a district and combined with another district does not comprise more than three towns, and the State Council has declared the move to be effective, that portion will come under the jurisdiction of the district to which it has been added. Where a supervisor resides in the portion of a district that has been added to another district, he or she shall resign and his or her successor shall be appointed by the remaining supervisors of the district where the vacancy occurs. When any district has had its boundaries so changed, the supervisors of the districts concerned shall apply to the Secretary of State for a new certificate of organization covering the area then within the district. If it is desirable to change the name of any district, the application shall so state. When the new certificate has been issued, the new district shall be duly organized and the old district which it replaces will cease to exist. (Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 738. More than three towns

§ 738. More than three towns
When the portion to be separated from a district and combined with another district consists of more than three towns, and the State Council has declared the move to be effective, the Council shall appoint two supervisors for each of the new districts. Where possible, these appointments shall be made from among the existing supervisors. In each case, the two appointed supervisors will proceed to organize the new district in the same manner in which a district is organized following a referendum. When the governing body of each of the new districts has been organized, the supervisors of both the old and the new districts shall apportion the assets, rights, and properties of the divided district among the new districts. If the supervisors of the affected districts cannot agree within 60 days from the date of election of the new supervisors, the State Council will make the apportionment. In doing this, the Council shall conduct hearings with the supervisors and others who may have an interest to assist them in making a decision. Upon completion of the distribution of the assets of the old districts, the old districts shall cease to exist and the supervisors thereof will no longer serve as their governing bodies. (Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 739. Divided portion as new district

§ 739. Divided portion as new district
When the portion to be divided from a district consists of more than three adjacent towns, the divided portion may either become a separate district or be combined with an existing district as provided in section 738 of this title. When the State Council has determined that it is administratively feasible and practicable for the divided portion to become a separate district and by resolution has declared such a change to be in effect, it shall appoint two supervisors for each of the new districts. The procedure outlined in section 738 shall then be followed in completing the organization of the two new districts and in apportioning the assets, rights, and properties of the divided district among the new districts. (Amended 1959, No. 329 (Adj. Sess.), § 11(c), eff. March 1, 1961.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 31 - Soil Conservation Act › § 747a. Limitation; liability

§ 747a. Limitation; liability
(a) An action against the on-site sewage program provided by this subchapter, regarding the design, installation, or operation of any system, shall be brought against a conservation district only, and shall be brought within six years from certification of the system by an on-site sewage technician.
(b) An employee of a conservation district or the Vermont association of conservation districts, hired to implement the on-site sewage program provided by this subchapter, shall be immune from liability under the provisions of 24 V.S.A. § 901 regarding municipal officers. (Added 1995, No. 163 (Adj. Sess.), § 13a, eff. May 15, 1996.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 32 - Flood Hazard Areas › § 751. Purpose

§ 751. Purpose
The purpose of this chapter is to minimize and prevent the loss of life and property, the disruption of commerce, the impairment of the tax base, and the extraordinary public expenditures and demands on public service that result from flooding; to ensure that the development of the flood hazard areas of this State is accomplished in a manner consistent with the health, safety and welfare of the public; to coordinate federal, State, and local management activities for flood hazard areas; to encourage local government units to manage flood hazard areas and other flood-prone lands; to provide State assistance to local government units in management of flood-prone lands; to comply with National Flood Insurance Program requirements for the regulation of development; to authorize adoption of State rules for management of uses exempt from municipal regulation in a flood hazard area; to maintain the agricultural use of flood-prone lands consistent with the National Flood Insurance Program; to carry out a comprehensive statewide flood hazard area management program for the State in order to ensure eligibility for flood insurance under the requirements of the National Flood Insurance Program. (Added 1973, No. 263 (Adj. Sess.), § 2, eff. 30 days from April 16, 1974; amended 2011, No. 138 (Adj. Sess.), § 1, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 32 - Flood Hazard Areas › § 752. Definitions

§ 752. Definitions
For the purpose of this chapter:
(1) “Agency” means the Agency of Natural Resources.
(2) “Development,” for the purposes of flood hazard area management and regulation, shall have the same meaning as “development” under 44 C.F.R. § 59.1.
(3) “Flood hazard area” shall have the same meaning as “area of special flood hazard” under 44 C.F.R. § 59.1.
(4) “Flood proofing” shall have the same meaning as “flood proofing” under 44 C.F.R. § 59.1.
(5) “Floodway” shall have the same meaning as “regulatory floodway” under 44 C.F.R. § 59.1.
(6) “Legislative body” means the selectboard, trustees, mayor, city council, and alderboard of a municipality.
(7) “Municipality” means any town, city, or incorporated village.
(8) “Uses exempt from municipal regulation” means land use or activities that are exempt from municipal land use regulation under 24 V.S.A. chapter 117.
(9) “National Flood Insurance Program” means the National Flood Insurance Program under 42 U.S.C. chapter 50 and implementing federal regulations in 44 C.F.R. parts 59 and 60.
(10) “Regional planning commission” means the regional planning commission of which a municipality is a member or would be a member based upon its location.
(11) “River corridor” means the land area adjacent to a river that is required to accommodate the dimensions, slope, planform, and buffer of the naturally stable channel and that is necessary for the natural maintenance or natural restoration of a dynamic equilibrium condition, as that term is defined in section 1422 of this title, and for minimization of fluvial erosion hazards, as delineated by the Agency of Natural Resources in accordance with river corridor protection procedures.
(12) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative. (Added 1973, No. 263 (Adj. Sess.), § 2, eff. May 16, 1974; amended 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 15; 2011, No. 138 (Adj. Sess.), § 1, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 32 - Flood Hazard Areas › § 753. Flood hazard areas; cooperation; mapping

§ 753. Flood hazard areas; cooperation; mapping
(a) Cooperation to secure flood insurance. The Secretary and all municipalities, regional planning commissions, and departments and agencies of State government shall mutually cooperate to achieve the purposes of this chapter and to secure flood insurance for municipalities and the State of Vermont. All correspondence sent to a municipality pursuant to this chapter shall be sent to the municipal clerk, the municipal manager, if one exists, the legislative body, the planning commission, and the conservation commission, if one exists. Copies of this correspondence shall be sent to the regional planning commission and the Agency of Commerce and Community Development.
(b) Notice of designation of flood hazard areas; maps. The Secretary shall, as the information becomes available, provide each municipality with a designation of flood hazard areas. The designation shall include a map or maps.
(c) Procedure to authorize review of municipal permit applications. The Secretary shall establish a procedure for authorizing a representative of a municipality or a regional planning commission to conduct the review required under 24 V.S.A. § 4424(a)(2)(D), including eligibility requirements for authorization to conduct permit application review and an approved process or list of approved certifications that the Secretary shall accept as proof of expertise in the field of floodplain management. (Added 1973, No. 263 (Adj. Sess.), § 2, eff. May 16, 1974; amended 1977, No. 200 (Adj. Sess.), §§ 1-3, 5, eff. April 5, 1978; 1981, No. 222 (Adj. Sess.), § 42; 1983, No. 249 (Adj. Sess.), § 3; 1995, No. 190 (Adj. Sess.), § 1(a); 2011, No. 138 (Adj. Sess.), § 1, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 32 - Flood Hazard Areas › § 755. Municipal education; model flood hazard area bylaw or ordinance

§ 755. Municipal education; model flood hazard area bylaw or ordinance
(a) Education and assistance. The Secretary, in consultation with regional planning commissions, shall provide ongoing education, technical assistance, and guidance to municipalities regarding the requirements under 24 V.S.A. chapter 117 necessary for compliance with the National Flood Insurance Program.
(b) Model flood hazard area bylaw or ordinance. The Secretary shall create and make available to municipalities a model flood hazard area bylaw or ordinance for potential adoption by municipalities pursuant to 24 V.S.A. chapter 117 or 24 V.S.A. § 2291. The model bylaw or ordinance shall set forth the minimum provisions necessary to meet the requirements of the National Flood Insurance Program. The model bylaw may include alternatives that exceed the minimum requirements for compliance with the National Flood Insurance Program in order to allow a municipality to elect whether it wants to adopt the minimum requirement or an alternate requirement that further minimizes the risk of harm to life, property, and infrastructure from flooding.
(c) Assistance to municipalities with no flood hazard area bylaw or ordinance. The Secretary, in consultation with municipalities, municipal organizations, and regional planning commissions, shall provide education and technical assistance to municipalities that lack a flood hazard area bylaw or ordinance in order to encourage adoption of a flood hazard area bylaw or ordinance that qualifies the municipality for the National Flood Insurance Program. (Added 2011, No. 138 (Adj. Sess.), § 1, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 33 - Supervisory Unions › § 801. Purpose

§ 801. Purpose
The purpose of this chapter is to authorize the natural resources conservation districts in Vermont to form supervisory unions for administrative purposes while still retaining their individual identities, duties, and powers as authorized under sections 701-740 of this title. The supervisory unions will help carry out a broadened program of conservation, development, and use of the natural resources and the broadened program will aid cooperation with local and State agencies, and provide coordination through proper channels with federal agencies. (Added 1967, No. 303 (Adj. Sess.), § 17, eff. March 22, 1968; amended 1969, No. 16, § 2, eff. March 11, 1969.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 33 - Supervisory Unions › § 802. Formation of supervisory union

§ 802. Formation of supervisory union
The State Natural Resources Conservation Council, on petition from two or more districts, may combine several districts into a supervisory union after having determined that such a union is feasible, and in the best interests of the people in the district. The Council may hold hearings and receive testimony from landowners with lands lying within the bounds of the proposed supervisory union. If the Council determines that a union is administratively practicable, feasible, and in the public interest it shall so indicate in its minutes and proceed with the organization. (Added 1967, No. 303 (Adj. Sess.), § 17, eff. March 22, 1968.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 33 - Supervisory Unions › § 803. Application and procedure

§ 803. Application and procedure
(a) Each district shall appoint one of its supervisors as its member of the supervisory union board. They may also appoint an alternate who must be a supervisor. The executive secretary of the Council shall be an advisory member of and clerk of the board.
(b)(1) The board of directors shall present to the Secretary of State an application signed by them that shall set forth:
(A) that a petition for the creation of the union was filed with the council pursuant to the provisions of this chapter;
(B) that the proceedings specified in this chapter were taken pursuant to such petition; and
(C) that the application is filed in order to complete the organization of the union as a corporate entity.
(2) The application shall be subscribed to by each of the directors.
(c) The application shall be accompanied by a statement by the State Council that a petition was filed and that thereafter the Council determined that the operation of the proposed union is administratively practicable and feasible and in the public interest. The statement shall show the boundaries of the union as defined by the Council.
(d) The Secretary of State shall file and record the application and statement in an appropriate record book in his or her office. When the application and statement have been filed and recorded, the union shall constitute a governmental subdivision of this State. Without cost, the Secretary of State shall issue a certificate under seal to the board of directors, certifying to the due organization of the union and shall file a copy of the certificate with the application and statement. (Added 1967, No. 303 (Adj. Sess.), § 17, eff. March 22, 1968; amended 1995, No. 163 (Adj. Sess.), § 14, eff. May 15, 1996; 2019, No. 14, § 26, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 33 - Supervisory Unions › § 804. Board of directors; organization; pay

§ 804. Board of directors; organization; pay
The board of directors shall elect a chair from among its members and may from time to time change the designation. A majority of the board shall constitute a quorum. A board member shall be entitled to receive compensation for services at a rate not to exceed the per diem rate as defined by 32 V.S.A. § 1010(b). A board member shall also be entitled to expenses including traveling expenses. The per diem and expenses shall be subject to review and control of the Council. The board may call upon the Attorney General of the State for such legal services as it may require. (Added 1967, No. 303 (Adj. Sess.), § 17, eff. March 22, 1968; amended 1995, No. 163 (Adj. Sess.), § 15, eff. May 15, 1996.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 33 - Supervisory Unions › § 805. Powers and duties of board

§ 805. Powers and duties of board
The board of directors shall have the following powers and duties:
(1) It shall keep a record of all proceedings and resolutions and provide for an annual audit of receipts and disbursements.
(2) It shall offer appropriate assistance to the member districts.
(3) It shall coordinate the programs of the member districts so far as this may be done by advice and consultation.
(4) It shall elect a Council member to represent their union for a two-year term. The Council member must be a district supervisor from a district within the union, but need not be on the union board. They may also elect an alternate Council member who must be a supervisor from a district within the union and need not be on the union board.
(5) It may employ a union conservationist and shall determine his qualifications, duties and salary, with the advice and approval of the Council, but he or she must be an employee of the State of Vermont under the classified system.
(6) It shall provide for the execution of surety bonds for all employees and officers who are entrusted with funds.
(7) It may, within appropriation limits, enter into agreements to furnish financial or other aid to any agency, governmental or otherwise, in planning for the conservation, development, and use of natural resources. (Added 1967, No. 303 (Adj. Sess.), § 17, eff. March 22, 1968; amended 1995, No. 163 (Adj. Sess.), § 16, eff. May 15, 1996.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 33 - Supervisory Unions › § 806. Removal of board member

§ 806. Removal of board member
Any board member may be removed from office by the Council upon notice and hearing for neglect of duty or malfeasance in office but for no other reason. The Council shall replace any board member so removed by a representative from the district of the removed member. (Added 1967, No. 303 (Adj. Sess.), § 17, eff. March 22, 1968.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 33 - Supervisory Unions › § 807. Duties of union conservationist

§ 807. Duties of union conservationist
The union conservationist shall:
(1) Devote his or her entire time to the duties of his or her office and apportion his or her time as prescribed by the board of directors after determining the workload in districts. He or she shall help implement programs of the member districts and shall perform the duties as set forth by the board of directors from time to time.
(2) Endeavor to coordinate programs and plans of the member districts.
(3) Furnish the executive secretary of the Council such data and information from time to time as he or she may require.
(4) Report to the executive secretary of the Council on or before July 15 each year, the needs, conditions, and progress of the districts under his or her jurisdiction.
(5) Report to the board of directors and the member districts annually concerning his or her activities and the needs of the districts within the union, together with recommendations for their improvement. (Added 1967, No. 303 (Adj. Sess.), § 17, eff. March 22, 1968.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 34 - Conservation and Preservation Rights and Interests › § 821. Definitions

§ 821. Definitions
As used in this chapter:
(1) “Conservation rights and interests” mean rights held by a qualified holder to restrict or condition the use, modification, or subdivision of a land or water area and rights to perform, or require the performance of, specified activities with respect thereto. These rights and interests shall be for the purpose of maintaining, enhancing, and conserving that land or water area, including improvements thereon, predominantly in its natural, scenic, or open condition, or in agricultural, farming, forest, wildlife, or open space use, or for public recreation, or in other use or condition consistent with the purposes set forth in section 6301 of this title.
(2) “Preservation rights and interests” mean rights held by a qualified holder to restrict or condition the use, modification, or subdivision of a structure or site, and rights to perform, or require the performance of, specified activities with respect thereto. Such rights and interests shall be for the purpose of preserving, rehabilitating, or restoring a structure or site having significant historical, architectural, cultural, or archaeological characteristics.
(3) “Qualified holder” and “holder” mean:
(A) a municipality, department, or board of the State of Vermont;
(B) an organization qualifying under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, provided one of the stated purposes of the organization is to acquire property or rights and interests in property in order to preserve historic, agricultural, forestry, or open space resources;
(C) an organization qualifying under Section 501(c)(2) of the Internal Revenue Code of 1986, as amended, provided that organization is controlled exclusively by an organization or organizations described in subdivision (B) of this subdivision (3); and
(D) the United States of America. (Added 1977, No. 221 (Adj. Sess.), § 1, eff. April 12, 1978; amended 1987, No. 200 (Adj. Sess.), § 48; 1993, No. 59, § 25b, eff. June 3, 1993; 2019, No. 14, § 27, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 34 - Conservation and Preservation Rights and Interests › § 822. Rights and interests

§ 822. Rights and interests
Conservation and preservation rights and interests shall be stated in the form of a deed restriction, right, easement, covenant, or condition. These rights and interests shall be valid, exercisable, and enforceable by the holder thereof and by the holder’s successors and assigns, against the owner of the encumbered property and the owner’s heirs, successors, and assigns, whether or not such rights or interests are appurtenant to or benefit a specific parcel of real property, and regardless of privity of contract, or lack thereof, between the holder of such rights or interests and the owner of the encumbered property. (Added 1977, No. 221 (Adj. Sess.), § 1, eff. April 12, 1978; amended 1987, No. 200 (Adj. Sess.), § 49.)