reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 119 - Private Preserves, Propagation Farms, Private Ponds, Refuges, and Shooting Grounds › § 5228. A fee fishing business; permit

§ 5228. A fee fishing business; permit
(a) The Commissioner may issue a permit to operate a fee fishing business that shall entitle the holder and the holder’s clients to take fish from the holder’s private pond. The Commissioner may issue a permit that shall continue for one year upon the payment of a fee of $50.00. The permit may be renewed annually for $50.00 per year.
(b) Fish in the private pond shall come from a propagation farm permitted under section 5207 of this title or shall have been imported under a permit obtained pursuant to section 4605 of this title. No live fish shall be taken from the fee fishing premises.
(c) Fish taken under this section may be taken without regard to creel limits.
(d) A person fishing under the permit issued under this section is not required to hold a fishing license pursuant to chapter 105 of this title. The Commissioner may, in consultation with the industry, conduct surveys to assess the impact on fishing license sales. A person holding a permit issued under this section shall respond to questions asked in a survey conducted pursuant to this subsection.
(e) The Commissioner shall adopt rules governing operation of fee fishing businesses that are necessary to ensure that operators, growers, and fishery resources of the State are protected. The rules may include mandatory testing of fish health and imposition of a prohibition on the moving or harvesting of any fish from a fee fishing business found to contain fish that carry an infectious disease. (Added 1993, No. 63, § 1; amended 2005, No. 42, § 3.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 123 - Protection of Endangered Species › § 5402. Endangered and threatened species lists

§ 5402. Endangered and threatened species lists
(a) The Secretary shall adopt by rule a State endangered species list and a State threatened species list. The listing for any species may apply to the whole State or to any part of the State and shall identify the species by its most recently accepted genus and species names and, if available, the common name.
(b) The Secretary shall determine a species to be endangered if it normally occurs in the State and its continued existence as a sustainable component of the State’s wildlife or wild plants is in jeopardy.
(c) The Secretary shall determine a species to be threatened if:
(1) it is a sustainable component of the State’s wildlife or wild plants;
(2) it is reasonable to conclude based on available information that its numbers are declining; and
(3) unless protected, it will become an endangered species.
(d) In determining whether a species is threatened or endangered, the Secretary shall consider:
(1) the present or threatened destruction, degradation, fragmentation, modification, or curtailment of the range or habitat of the species;
(2) any killing, harming, or over-utilization of the species for commercial, sporting, scientific, educational, or other purposes;
(3) disease or predation affecting the species;
(4) the adequacy of existing regulation;
(5) actions relating to the species carried out or about to be carried out by any governmental agency or any other person who may affect the species;
(6) competition with other species, including nonnative invasive species;
(7) the decline in the population;
(8) cumulative impacts; and
(9) other natural or human-made factors affecting the continued existence of the species.
(e) In determining whether a species is threatened or endangered or whether to delist a species, the Secretary shall:
(1) use the best scientific, commercial, and other data available;
(2) at least 30 days prior to commencement of rulemaking, notify and consult with appropriate officials in Canada, appropriate State and federal agencies, other states having a common interest in the species, affected landowners, and any interested persons; and
(3) notify the appropriate officials and agencies of Quebec or any state contiguous to Vermont in which the species affected is known to occur. (Added 1981, No. 188 (Adj. Sess.), § 2; amended 2015, No. 145 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 123 - Protection of Endangered Species › § 5403. Protection of endangered and threatened species

§ 5403. Protection of endangered and threatened species
(a) Except as authorized under this chapter, a person shall not:
(1) take, possess, or transport wildlife or wild plants that are members of a threatened or endangered species; or
(2) destroy or adversely impact critical habitat.
(b) Any person who takes a threatened or endangered species shall report the taking to the Secretary.
(c) The Secretary may, with advice of the Endangered Species Committee and after the consultation required under subsection 5408(e) of this section, adopt rules for the protection, conservation, or recovery of endangered and threatened species. The rules may establish application requirements for an individual permit or general permits issued under this section, including requirements that differ from the requirements of subsection 5408(h) of this title.
(d) The Secretary may bring an environmental enforcement action against any person who violates subsection (a) or (b) of this section or rules adopted under this chapter in accordance with chapters 201 and 211 of this title.
(e) Instead of bringing an environmental enforcement action for a violation of this chapter or rules adopted under this chapter, the Secretary may refer violations of this chapter to the Commissioner of Fish and Wildlife for criminal enforcement.
(f) In a criminal enforcement action, a person who knowingly violates a requirement of this chapter or a rule of the Secretary adopted under subsection (c) of this section related to taking, possessing, transporting, buying, or selling a threatened or endangered species shall be fined in accordance with section 4518 of this title, and the person shall pay restitution under section 4514 of this title.
(g) Any person who violates subsection (a) or (b) of this section by knowingly injuring a member of a threatened or endangered species or knowingly destroying or adversely impacting critical habitat and who is subject to criminal prosecution may be required by the court to pay restitution for:
(1) actual costs and related expenses incurred in treating and caring for the injured plant or animal to the person incurring these expenses, including the costs of veterinarian services and Agency of Natural Resources staff time; or
(2) reasonable mitigation and restoration costs such as species restoration plans; habitat protection; and enhancement, transplanting, cultivation, and propagation. (Added 1981, No. 188 (Adj. Sess.), § 2; amended 1985, No. 192 (Adj. Sess.), § 2; 1987, No. 216 (Adj. Sess.); 2015, No. 61, § 8, eff. June 17, 2015; 2015, No. 145 (Adj. Sess.), § 22.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 123 - Protection of Endangered Species › § 5404. Endangered Species Committee

§ 5404. Endangered Species Committee
(a) A committee on endangered species is created to be known as the Endangered Species Committee and shall consist of nine members, including the Secretary of Agriculture, Food and Markets, the Commissioner of Fish and Wildlife, the Commissioner of Forests, Parks and Recreation, and six members appointed by the Governor from the public at large. Of the six public members, two shall be actively engaged in agricultural or silvicultural activities, two shall be knowledgeable concerning flora, and two shall be knowledgeable concerning fauna. Members appointed by the Governor shall be entitled to reimbursement for expenses incurred in the attendance of meetings, as approved by the Chair. The Chair of the Committee shall be elected from among and by the members each year. Members who are not employees of the State shall serve terms of three years, except that the Governor may make appointments for a lesser term in order to prevent more than two terms from expiring in any year.
(b) The Endangered Species Committee shall advise the Secretary on all matters relating to endangered and threatened species, including whether to alter the lists of endangered and threatened species, how to protect those species, and whether and where to designate critical habitat.
(c) The Agency of Natural Resources shall provide the Endangered Species Committee with necessary staff services. (Added 1981, No. 188 (Adj. Sess.), § 2; amended 1987, No. 76, § 18; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 145 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 123 - Protection of Endangered Species › § 5405. Conservation programs

§ 5405. Conservation programs
The Secretary, with the advice of the Endangered Species Committee, may establish conservation programs and establish recovery plans for the conservation or recovery of threatened or endangered species of wildlife or plants or for the conservation or recovery of critical habitat. The programs may include the purchase of land or aquatic habitat and the formation of contracts for the purpose of management of wildlife or wild plant refuge areas or for other purposes. (Added 1981, No. 188 (Adj. Sess.), § 2; amended 2015, No. 145 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 123 - Protection of Endangered Species › § 5406. Cooperation by other agencies

§ 5406. Cooperation by other agencies
All agencies of this State shall review programs administered by them that may relate to this chapter and shall, in consultation with the Secretary, utilize their authorities only in a manner that does not jeopardize the threatened or endangered species, critical habitat, or the outcomes of conservation or recovery programs established by this chapter or by the Secretary under his or her authority. (Added 1981, No. 188 (Adj. Sess.), § 2; amended 2015, No. 145 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 123 - Protection of Endangered Species › § 5407. Authority to seize threatened or endangered species

§ 5407. Authority to seize threatened or endangered species
In addition to other methods of enforcement authorized by law, the Secretary may direct under this section that wildlife or wild plants that were seized because of violation of this chapter be rehabilitated, released, replanted, or transferred to a zoological, botanical, educational, or scientific institution, and that the costs of the transfer and staff time related to a violation may be charged to the violator. The Secretary, with the advice of the Endangered Species Committee, may adopt rules for the implementation of this section. (Added 1981, No. 188 (Adj. Sess.), § 2; amended 2015, No. 145 (Adj. Sess.), § 26.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 123 - Protection of Endangered Species › § 5410. Location confidential

§ 5410. Location confidential
(a) The Secretary shall not disclose information regarding the specific location of threatened or endangered species sites except that the Secretary shall disclose information regarding the location of the threatened or endangered species to:
(1) the owner of land upon which the species is located;
(2) a potential buyer of land upon which the species is located who has a bona fide contract to buy the land and applies to the Secretary for disclosure of threatened or endangered species information; or
(3) qualified individuals or organizations, public agencies, and nonprofit organizations for scientific research or for preservation and planning purposes when the Secretary determines that the preservation of the species is not further endangered by the disclosure.
(b) When the Secretary issues a permit under this chapter to take a threatened or endangered species or destroy or adversely impact critical habitat and when the Secretary designates critical habitat by rule under section 5402a of this title, the Secretary shall disclose only the municipality and general location where the threatened or endangered species or designated critical habitat is located. When the Secretary designates critical habitat under section 5402a of this title, the Secretary shall notify the municipality in which the critical habitat is located and shall disclose the general location of the designated critical habitat. (Added 1995, No. 159 (Adj. Sess.), § 3; amended 2015, No. 145 (Adj. Sess.), § 28.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 124 - Trade in Covered Animal Parts or Products › § 5501. Definitions

§ 5501. Definitions
As used in this chapter:
(1) “Bona fide educational or scientific institution” means an institution that establishes through documentation that it is a tax-exempt institution under the Internal Revenue Service’s educational or scientific tax exemption.
(2) “Covered animal” means any species of:
(A) Cheetah (Acinonyx jubatus);
(B) Elephant (family Elephantidae);
(C) Giraffe (Giraffa camelopardalis);
(D) Hippopotamus (family Hippopotamidae);
(E) Jaguar (Panthera onca);
(F) Leopard (Panthera pardus);
(G) Lion (Panthera leo);
(H) Mammoth (genus Mammuthus);
(I) Mastodon (genus Mammut);
(J) Pangolin (family Manidae);
(K) Endangered ray, as listed by the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
(L) Rhinoceros (family Rhinocerotidae);
(M) Sea turtle (family Chelonioidea);
(N) Endangered shark, as listed by the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
(O) Tiger (Panthera tigris);
(P) Whale (families Balaenidae, Balaenopteridae, Cetotheriidae, Eschrichtiidae, Monodontidae, Physeteridae, Kogiidae, and Ziphiidae); or
(Q) The following primates: gorillas, bonobos, orangutans, gibbons, or chimpanzees.
(3) “Commissioner” means the Commissioner of Fish and Wildlife.
(4) “Covered animal part or product” means any item that contains, or is wholly or partially made from, a covered animal, including the meat or flesh of a covered animal sold as food.
(5) “Firearm” has the same meaning as in 13 V.S.A. § 4016(a)(3).
(6) “Sale” or “sell” means any act of selling, trading, or bartering for monetary or nonmonetary consideration and includes any transfer of ownership that occurs in the course of a commercial transaction. “Sale” or “sell” shall not include a nonmonetary transfer of ownership by way of gift, donation, or bequest.
(7) “Secretary” means the Secretary of Natural Resources.
(8) “Total value” means either the fair market value or the actual price paid for a covered animal part or product, whichever is greater. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 124 - Trade in Covered Animal Parts or Products › § 5502. Prohibition

§ 5502. Prohibition
Except as provided in this chapter, notwithstanding any other provision of law to the contrary, a person shall not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal part or product. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 124 - Trade in Covered Animal Parts or Products › § 5503. Exceptions

§ 5503. Exceptions
(a) The prohibition on the purchase, sale, offer for sale, or possession with intent to sell set forth in section 5502 of this title shall not apply:
(1) to employees or agents of the federal or State government undertaking any law enforcement activities pursuant to federal or State law or any mandatory duties required by federal or State law;
(2) when the activity is expressly authorized by federal law;
(3) when the covered animal part or product is a fixed component of an antique that is not made wholly or partially from the covered animal part or product, provided that:
(A) the antique status is established by the owner or seller of the covered animal part or product with documentation providing evidence of the provenance of the covered animal part or product and showing the covered animal part or product to be not less than 100 years old; and
(B) the total weight of the covered animal part or product is less than 200 grams;
(4) when the covered animal part or product is a fixed component of a firearm; knife; or musical instrument, including string instruments and bows, wind and percussion instruments, and pianos, provided that the covered animal part or product was legally acquired and provided that the total weight of the covered animal part or product is less than 200 grams; or
(5) the activity is authorized under section 5504 of this title.
(b) Documentation evidencing reasonable provenance or the age of a covered animal part or product that may be purchased, sold, offered for sale, or possessed under subsection (a) of this section may include receipts of purchase, invoices, bills of sale, prior appraisals, auction catalogues, museum or art gallery exhibit catalogues, and the signed certification of an antique appraiser to the age of the covered animal part. The issuance of a false or fraudulent certification of the age of a covered animal part or product shall be subject to penalty under section 5506 of this title. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 124 - Trade in Covered Animal Parts or Products › § 5504. Educational or scientific use

§ 5504. Educational or scientific use
The Secretary may permit, under terms and conditions as the Secretary may require, the purchase, sale, offer for sale, or possession with intent to sell of any covered animal part or product for educational or scientific purposes by a bona fide educational or scientific institution, unless the activity is prohibited by federal law and provided that the covered animal part or product was legally acquired. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 124 - Trade in Covered Animal Parts or Products › § 5505. Presumption of possession with intent to sell

§ 5505. Presumption of possession with intent to sell
There shall be a rebuttable presumption that a person possesses a covered animal part or product with intent to sell when the part or product is possessed by a retail or wholesale establishment or other forum engaged in the business of buying or selling similar items. This rebuttable presumption shall not preclude a court from finding intent to sell a covered animal part or product based on any other evidence that may serve to independently establish intent. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 124 - Trade in Covered Animal Parts or Products › § 5506. Administrative penalties; referral for criminal enforcement

§ 5506. Administrative penalties; referral for criminal enforcement
(a) The Secretary may assess the following administrative penalties for a violation of a provision of this chapter:
(1) For a first offense, a person shall be assessed an administrative penalty of not more than $1,000.00 nor less than $400.00.
(2) For a second offense or subsequent offense, a person shall be assessed an administrative penalty of not more than $4,000.00 nor less than $2,000.00.
(b) Instead of bringing an environmental enforcement action for a violation of this chapter or rules adopted under this chapter, the Secretary may refer a violation of this chapter to the Commissioner of Fish and Wildlife for criminal enforcement under section 4518 of this title. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 124 - Trade in Covered Animal Parts or Products › § 5507. Seizure

§ 5507. Seizure
A person convicted of violating a provision of this chapter shall forfeit to the Secretary the covered animal part or product that is the subject of the violation. The Secretary may:
(1) authorize that the covered animal part or product be maintained for educational or training purposes;
(2) authorize that the covered animal part or product be donated to a bona fide educational or scientific institution; or
(3) require that the covered animal part or product be destroyed. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6001e. Commercial composting facility; circumvention

§ 6001e. Commercial composting facility; circumvention
Notwithstanding subdivisions 6001(3)(D)(vii)(I)-(VI) of this title, a permit under this chapter may be required for the construction of improvements below the elevation of 2,500 feet for the onsite storage, preparation, and sale of compost if the Chair of the District Commission, based on the information available to the Chair, determines that action has been taken to circumvent the requirements of this chapter. (Added 2009, No. 141 (Adj. Sess.), § 1b, eff. June 1, 2010.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6002. Procedures

§ 6002. Procedures
The provisions of 3 V.S.A. chapter 25 shall apply unless otherwise specifically stated. (Added 1969, No. 250 (Adj. Sess.), § 26, eff. April 4, 1970.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6003. Penalties

§ 6003. Penalties
A violation of any provision of this chapter or the rules adopted under this chapter is punishable by a fine of not more than $500.00 for each day of the violation or imprisonment for not more than two years, or both. A person who completely transfers ownership and control of property that is the subject of a permit under this chapter shall not be liable for later violations of that permit by another person. (Added 1969, No. 250 (Adj. Sess.), § 28, eff. April 4, 1970; amended 2001, No. 40, § 2; 2015, No. 97 (Adj. Sess.), § 28.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6021. Board; vacancy, removal

§ 6021. Board; vacancy, removal
(a) A Natural Resources Board is created.
(1) The Board shall consist of five members appointed by the Governor, with the advice and consent of the Senate, so that one appointment expires in each year. In making these appointments, the Governor and the Senate shall give consideration to experience, expertise, or skills relating to the environment or land use.
(A) The Governor shall appoint a chair of the Board, a position that shall be a full-time position.
(B) Following initial appointments, the members, except for the Chair, shall be appointed for terms of four years.
(2) The Governor shall appoint up to five persons, with preference given to former Environmental Board, Natural Resources Board, or District Commission members, with the advice and consent of the Senate, to serve as alternates for Board members.
(A) Alternates shall be appointed for terms of four years, with initial appointments being staggered.
(B) The Chair of the Board may assign alternates to sit on specific matters before the Board in situations where fewer than five members are available to serve.
(b) Any vacancy occurring in the membership of the Board shall be filled by the Governor for the unexpired portion of the term.
(c) Notwithstanding the provisions of 3 V.S.A. § 2004, members shall be removable for cause only, except the Chair, who shall serve at the pleasure of the Governor.
(d) The Chair of the Board, upon request of the Chair of a District Commission, may appoint and assign former Commission members to sit on specific Commission cases when some or all of the regular members and alternates of the District Commission are disqualified or otherwise unable to serve. (Added 1969, No. 250 (Adj. Sess.), § 3, eff. April 4, 1970; amended 1989, No. 234 (Adj. Sess.), § 2; 1991. No. 111, § 1, eff. June 28, 1991; 1993, No. 82, § 1; 1993, No. 232 (Adj. Sess.), § 26, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 48, eff. Jan. 31, 2005; 2013, No. 11, § 9.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6022. Personnel

§ 6022. Personnel
The Board may appoint legal counsel and administrative personnel as it finds necessary in carrying out its duties, unless the Governor shall otherwise provide. (Added 1969, No. 250 (Adj. Sess.), § 4, eff. April 4, 1970; amended 1993, No. 82, § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6024. Intragovernmental cooperation

§ 6024. Intragovernmental cooperation
Other departments and agencies of State government shall cooperate with the Board and make available to it data, facilities, and personnel as may be needed to assist the Board in carrying out its duties and functions. There shall be established a regular schedule of project review that shall assure that all affected departments and agencies recognize and pursue their respective responsibilities. State employees whose job is to assist applicants in the permitting process established under this chapter shall endeavor to assist all applicants regardless of the size and value of the projects involved. (Added 1969, No. 250 (Adj. Sess.), § 4, eff. April 4, 1970; amended 2001, No. 40, § 3.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6025. Rules

§ 6025. Rules
(a) The Board may adopt rules of procedure for itself and the District Commissions.
(b) The Board may adopt substantive rules, in accordance with the provisions of 3 V.S.A. chapter 25, that interpret and carry out the provisions of this chapter. These rules shall include provisions that establish criteria under which applications for permits under this chapter may be classified in terms of complexity and significance of impact under the standards of subsection 6086(a) of this chapter. In accordance with that classification, the rules may:
(1) provide for simplified or less stringent procedures than are otherwise required under sections 6083, 6084, and 6085 of this chapter;
(2) provide for the filing of notices instead of applications for the permits that would otherwise be required under section 6081 of this chapter; and
(3) provide a procedure by which a District Commission may authorize a district coordinator to issue a permit that the District Commission has determined under Natural Resources Board rules is a minor application with no undue adverse impact.
(c)(1) This subsection shall apply to lots within a subdivision:
(A) that were created as part of a subdivision owned or controlled by a person who may have been required to obtain a permit under this chapter; and
(B) with respect to which a determination has been made that a permit was needed under this chapter; and
(C) that were sold to a purchaser prior to January 1, 1991 without a required permit.
(2) The rules shall provide for a modified process by which the sole purchaser, or the group of purchasers, of one or more lots to which this subsection applies may apply for and obtain a permit under this chapter that shall be issued in light of the existing improvements, facts, and circumstances that pertain to the lots; provided, however, that the requirements of this chapter shall be modified only to the extent needed to issue those permits. For purposes of these rules, a purchaser eligible for relief under this subsection must not have been involved in creating the lots; must not be a person who owned or controlled the land when it was divided or partitioned, as a person is defined in this chapter; and must not have known at the time of purchase that the transfer was subject to a permit requirement that had not been met.
(3) [Repealed.]
(d), (e) [Repealed.] (Added 1969, No. 250 (Adj. Sess.), § 25, eff. April 4, 1970; amended 1973, No. 85, § 2; 1979, No. 123 (Adj. Sess.), § 4, eff. April 14, 1980; 1985, No. 52, § 3, eff. May 15, 1985; 1987, No. 186 (Adj. Sess.), eff. May 5, 1988; 1991, No. 111, § 5, eff. June 28, 1991; 2003, No. 115 (Adj. Sess.), § 49, eff. Jan. 31, 2005; 2009, No. 31, § 7; 2011, No. 138 (Adj. Sess.), § 24, eff. May 14, 2012; 2013, No. 11, §§ 10, 25.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6026. District Commissioners

§ 6026. District Commissioners
(a) For the purposes of the administration of this chapter, the State is divided into nine districts.
(1) District No. 1, comprising administrative district 1 as provided in 3 V.S.A. § 4001.
(2) District No. 2, comprising administrative district 2 as provided in 3 V.S.A. § 4001.
(3) District No. 3, comprising administrative district 3 as provided in 3 V.S.A. § 4001.
(4) District No. 4, comprising administrative district 4 as provided in 3 V.S.A. § 4001, excluding the towns of Addison, Bridport, Bristol, Cornwall, Ferrisburgh, Goshen, Leicester, Lincoln, Middlebury, Monkton, New Haven, Orwell, Panton, Ripton, Salisbury, Shoreham, Starksboro, Vergennes, Waltham, Weybridge, and Whiting.
(5) District No. 5, comprising administrative district 5 as provided in 3 V.S.A. § 4001.
(6) District No. 6, comprising administrative district 6 as provided in 3 V.S.A. § 4001.
(7) District No. 7, comprising administrative district 7 as provided in 3 V.S.A. § 4001.
(8) District No. 8, comprising administrative district 8 as provided in 3 V.S.A. § 4001.
(9) District No. 9, comprising the towns of Addison, Bridport, Bristol, Cornwall, Ferrisburg, Goshen, Leicester, Lincoln, Middlebury, Monkton, New Haven, Orwell, Panton, Ripton, Salisbury, Shoreham, Starksboro, Vergennes, Waltham, Weybridge, and Whiting.
(b) A District Environmental Commission is created for each district. Each District Commission shall consist of three members from that district appointed in the month of February by the Governor so that two appointments expire in each odd-numbered year. Two of the members shall be appointed for a term of four years, and the Chair (third member) of each District shall be appointed for a two-year term. In any district, the Governor may appoint not more than four alternate members from that district whose terms shall not exceed two years, who may hear any case when a regular member is disqualified or otherwise unable to serve.
(c) Members shall be removable for cause only, except the Chair who shall serve at the pleasure of the Governor.
(d) Any vacancy shall be filled by the Governor for the unexpired period of the term. (Added 1969, No. 250 (Adj. Sess.), § 5, eff. April 4, 1970; amended 1971, No. 74, § 1; 1973, No. 54; 1985, No. 107 (Adj. Sess.), eff. March 14, 1986; 1993, No. 232 (Adj. Sess.), § 27, eff. March 15, 1995.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6028. Compensation

§ 6028. Compensation
Members of the Board and District Commissions shall receive per diem pay and all necessary and actual expenses in accordance with 32 V.S.A. § 1010. (Added 1969, No. 250 (Adj. Sess.), § 31, eff. April 4, 1970; amended 1993, No. 82, § 3.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6029. Act 250 Permit Fund

§ 6029. Act 250 Permit Fund
There is hereby established a special fund to be known as the Act 250 Permit Fund for the purposes of implementing the provisions of this chapter. Revenues to the fund shall be those fees collected in accordance with section 6083a of this title, gifts, appropriations, and copying and distribution fees. The Board shall be responsible for the Fund and shall account for revenues and expenditures of the Board. At the Commissioner’s discretion, the Commissioner of Finance and Management may anticipate amounts to be collected and may issue warrants based thereon for the purposes of this section. Disbursements from the Fund shall be made through the annual appropriations process to the Board and to the Agency of Natural Resources to support those programs within the Agency that directly or indirectly assist in the review of Act 250 applications. This Fund shall be administered as provided in 32 V.S.A. chapter 7, subchapter 5. (Added 1989, No. 279 (Adj. Sess.), § 2, eff. June 30, 1990; amended 1993, No. 70, § 1; 1997, No. 59, § 41, eff. June 30, 1997; 2003, No. 115 (Adj. Sess.), § 51; 2003, No. 163 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6030. Map of wireless telecommunications facilities

§ 6030. Map of wireless telecommunications facilities
The Board shall maintain a map that shows the location of all wireless telecommunications facilities in the State. (Added 1997, No. 94 (Adj. Sess.), § 1, eff. April 15, 1998.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6042. Capability and Development Plan

§ 6042. Capability and Development Plan
The Board shall adopt a Capability and Development Plan consistent with the Interim Land Capability Plan that shall be made with the general purpose of guiding and accomplishing a coordinated, efficient, and economic development of the State, which will, in accordance with present and future needs and resources, best promote the health, safety, order, convenience, prosperity, and welfare of the inhabitants, as well as efficiency and economy in the process of development, including such distribution of population and of the uses of the land for urbanization, trade, industry, habitation, recreation, agriculture, forestry, and other uses as will tend to create conditions favorable to transportation, health, safety, civic activities, and educational and cultural opportunities, reduce the wastes of financial and human resources that result from either excessive congestion or excessive scattering of population and tend toward an efficient and economic utilization of drainage, sanitary, and other facilities and resources and the conservation and production of the supply of food, water, and minerals. In addition, the plan may accomplish the purposes set forth in 24 V.S.A. § 4302. (Added 1969, No. 250 (Adj. Sess.), § 19, eff. April 4, 1970.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6044. Public hearings

§ 6044. Public hearings
(a) The Board shall hold public hearings for the purpose of collecting information to be used in establishing the Capability and Development Plan and Interim Land Capability Plan. The public hearings may be held in an appropriate area or areas of the State and shall be conducted according to rules to be established and published by the Board.
(b) The Board may, on its own motion or on petition of an interested agency of the State or any regional or local planning commission, hold such other hearings as it may deem necessary from time to time for the purpose of obtaining information necessary or helpful in the determination of its policies, the carrying out of its duties, or the formulation of its rules and regulations.
(c) At least one public hearing shall be held in each district prior to adoption of a Plan pursuant to section 6042 of this title. Notice of a hearing shall be furnished each municipality and municipal and regional planning commission in the district where the hearing is to be held not less than 15 days prior to the hearing.
(d) The provisions of 3 V.S.A. chapter 25 shall not apply to the hearings under this section. (Added 1969, No. 250 (Adj. Sess.), § 21, eff. April 4, 1970; amended 1983, No. 114 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6046. Approval of Governor and Legislature

§ 6046. Approval of Governor and Legislature
(a) Upon approval of a Capability and Development or Interim Land Capability Plan by the Board, it shall submit the plan to the Governor for approval. The Governor shall approve the Plan, or disapprove the Plan or any portion of a Plan, within 30 days of receipt. If the Governor fails to act, the plan shall be deemed approved by the Governor. This section shall also apply to any amendment of a Plan.
(b) After approval by the Governor, plans pursuant to section 6042 of this title shall be submitted to the General Assembly when next in session for approval. A Plan shall be considered adopted for the purposes of subdivision 6086(a)(9) of this title when adopted by the act of the General Assembly. No permit shall be issued or denied by a District Commission or Environmental Board that is contrary to or inconsistent with a local plan, capital program, or municipal bylaw governing land use, unless it is shown and specifically found that the proposed use will have a substantial impact or effect on surrounding towns, the region, or an overriding interest of the State and the health, safety, and welfare of the citizens and residents thereof requires otherwise. (Added 1969, No. 250 (Adj. Sess.), § 23, eff. April 4, 1970; amended 1973, No. 85, § 5; 1983, No. 114 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6047. Changes in the Capability and Development Plan

§ 6047. Changes in the Capability and Development Plan
(a) After final adoption, any department or agency of the State or a municipality, or any property owner or lessee may petition the Board for a change in the Capability and Development Plan.
(b) Within 14 days of receipt, the Board shall forward a copy of the petition to the District Commission and regional planning agency for comments and recommendations. If no regional planning commission exists, the copy shall be sent to the affected municipal planning commissions and municipalities.
(c) After 60 days but within 120 days of the original receipt of a petition, the Board shall advertise a public hearing to be held in the appropriate county. The Board shall notify the persons and agencies that have an interest in the change of the time and place of the hearing, and the procedures established for initial adoption of a Plan shall apply.
(d)-(f) [Repealed.] (Added 1969, No. 250 (Adj. Sess.), § 24, eff. April 4, 1970; amended 1983, No. 114 (Adj. Sess.), § 4; 2021, No. 170 (Adj. Sess.), § 19, eff. July 1, 2022.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6082. Approval by local governments and State agencies

§ 6082. Approval by local governments and State agencies
The permit required under section 6081 of this title shall not supersede or replace the requirements for a permit of any other State agency or municipal government. (1969, No. 250 (Adj. Sess.), § 27, eff. April 4, 1970.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6086a. Generators of radioactive waste

§ 6086a. Generators of radioactive waste
No land use permit will be issued for a development which generates low-level radioactive waste unless it shows that it will have access to a low-level radioactive waste disposal facility and that the facility is expected to have sufficient capacity for the waste. (Added 1989, No. 296 (Adj. Sess.), § 7, eff. June 29, 1990.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6087. Denial of application

§ 6087. Denial of application
(a) No application shall be denied by the District Commission unless it finds the proposed subdivision or development detrimental to the public health, safety, or general welfare.
(b) A permit may not be denied solely for the reasons set forth in subdivisions 6086(a)(5), (6), and (7) of this title. However, reasonable conditions and requirements allowable in subsection 6086(c) of this title may be attached to alleviate the burdens created.
(c) A denial of a permit shall contain the specific reasons for denial. A person may, within six months, apply for reconsideration of his or her permit which application shall include an affidavit to the District Commission and all parties of record that the deficiencies have been corrected. The District Commission shall hold a new hearing upon 25 days’ notice to the parties. The hearing shall be held within 40 days of receipt of the request for reconsideration. (Added 1969, No. 250 (Adj. Sess.), § 12, eff. April 4, 1970; amended 2003, No. 115 (Adj. Sess.), § 57, eff. Jan. 31, 2005.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6088. Burden of proof

§ 6088. Burden of proof
(a) The burden shall be on the applicant with respect to subdivisions 6086(a)(1), (2), (3), (4), (9), and (10) of this title.
(b) The burden shall be on any party opposing the applicant with respect to subdivisions 6086(a)(5) through (8) of this title to show an unreasonable or adverse effect. (Added 1969, No. 250 (Adj. Sess.), § 13, eff. April 4, 1970.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6089. Appeals

§ 6089. Appeals
Appeals of any act or decision of a District Commission under this chapter or a district coordinator under subsection 6007(c) of this title shall be made to the Environmental Division in accordance with chapter 220 of this title. For the purpose of this section, a decision of the Chair of a District Commission under section 6001e of this title on whether action has been taken to circumvent the requirements of this chapter shall be considered an act or decision of the District Commission. (Added 1969, No. 250 (Adj. Sess.), § 14, eff. April 4, 1970; amended 1973, No. 85, § 12; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1985, No. 52, § 1, eff. May 15, 1985; 1987, No. 76, § 10a; 1993, No. 232 (Adj. Sess.), § 34, eff. March 15, 1995; 1997, No. 155 (Adj. Sess.), § 28; 2003, No. 115 (Adj. Sess.), § 58, eff. Jan. 31, 2005; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 11, § 14; 2015, No. 150 (Adj. Sess.), § 34, eff. May 31, 2016.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6090. Recording; duration and revocation of permits

§ 6090. Recording; duration and revocation of permits
(a) In order to afford adequate notice of the terms and conditions of land use permits, permit amendments and revocations of permits, they shall be recorded in local land records. Recordings under this chapter shall be indexed as though the permittee were the grantor of a deed.
(b)(1) Any permit granted under this chapter for extraction of mineral resources, operation of solid waste disposal facilities, or logging above 2,500 feet shall be for a specified period determined by the Board in accordance with the rules adopted under this chapter as a reasonable projection of the time during which the land will remain suitable for use if developed or subdivided as contemplated in the application and with due regard for the economic considerations attending the proposed development or subdivision. Other permits issued under this chapter shall be for an indefinite term, as long as there is compliance with the conditions of the permit.
(2) Expiration dates contained in permits issued before July 1, 1994 (involving developments that are not for extraction of mineral resources, operation of solid waste disposal facilities, or logging above 2,500 feet) are extended for an indefinite term, as long as there is compliance with the conditions of the permits.
(c) [Repealed.] (Added 1969, No. 250 (Adj. Sess.), § 16, eff. April 4, 1970; amended 1985, No. 32; 1993, No. 232 (Adj. Sess.), § 35, eff. June 21, 1994; 2003, No. 115 (Adj. Sess.), § 119(b).)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6091. Renewals and nonuse

§ 6091. Renewals and nonuse
(a) Renewal. At the expiration of each permit, it may be renewed under the same procedure herein specified for an original application.
(b) Nonuse of permit. Nonuse of a permit for a period of three years following the date of issuance shall constitute an abandonment of the development or subdivision and the permit shall be considered expired. For purposes of this section, for a permit to be considered “used,” construction must have commenced and substantial progress toward completion must have occurred within the three-year period, unless construction is delayed by litigation or proceedings to secure other permits or to secure title through foreclosure, or unless, at the time the permit is issued or in a subsequent proceeding, the District Commission provides that substantial construction may be commenced more than three years from the date the permit is issued.
(c) Extensions. If the application is made for an extension prior to expiration, the District Commission may grant an extension and may waive the necessity of a hearing.
(d) Completion dates for developments and subdivisions. Permits shall include dates by which there shall be full or phased completion. The Natural Resources Board, by rule, shall establish requirements for review of those portions of developments and subdivisions that fail to meet their completion dates, giving due consideration to fairness to the parties involved, competing land use demands, and cumulative impacts on the resources involved. If completion has been delayed by litigation, proceedings to secure other permits, proceedings to secure title through foreclosure, or because of market conditions, the District Commission shall provide that the completion dates be extended for a reasonable period of time. (Added 1969, No. 250 (Adj. Sess.), § 17, eff. April 4, 1970; amended 1991, No. 111, § 2 eff. June 28, 1991; 1993, No. 232 (Adj. Sess.), § 36, eff. June 21, 1994; 2003, No. 115 (Adj. Sess.), § 59, eff. January 31, 2005; 2013, No. 11, § 25.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6092. Construction

§ 6092. Construction
In the event that the federal government preempts part of the activity regulated by this chapter, this chapter shall be construed to regulate activity that has not been preempted. (Added 1979, No. 123 (Adj. Sess.), § 7, eff. April 14, 1980.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6101. Purpose

§ 6101. Purpose
The purpose of this subchapter is to provide a mechanism to allocate the costs to mitigate the impacts of land use projects to the transportation system in a manner that is equitable and that supports the planning goals of 24 V.S.A. § 4302. (Added 2013, No. 145 (Adj. Sess.), § 2.)