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2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49 - Protection of Navigable Waters and Shorelands › § 1427. River corridors and buffers

§ 1427. River corridors and buffers
(a) River Corridor and Floodplain Management Program. The Secretary of Natural Resources shall establish a River Corridor and Floodplain Management Program to aid and support the municipal adoption of a flood resilience plan under 24 V.S.A. § 4382 and of river corridor, floodplain, and buffer bylaws. Under the River Corridor and Floodplain Management Program, the Secretary shall:
(1) assess the geomorphic condition and sensitivity of the rivers of the State and identify where the sensitivity of a river poses a probable risk of harm to life, property, or infrastructure;
(2) delineate and map river corridors based on the river sensitivity assessments required under subdivision (1) of this subsection according to a priority schedule established by the Secretary by procedure; and
(3) develop recommended best management practices for the management of river corridors, floodplains, and buffers.
(b) River sensitivity assessment; Secretary’s discretion. Notwithstanding the schedule established by the Secretary under subdivision (a)(2) of this section, the Secretary may complete a sensitivity assessment for a river if, in the Secretary’s discretion, the sensitivity of a river and the risk it poses to life, property, and infrastructure require an expedited assessment.
(c) Municipal consultation during river assessment. Prior to and during an assessment of river sensitivity required under subsection (a) of this section, the Secretary shall consult with the legislative body or designee of municipalities and the regional planning commissions in the area in which a river is located. (Added 2009, No. 110 (Adj. Sess.), § 5; amended 2011, No. 138 (Adj. Sess.), § 9, eff. May 14, 2012; 2013, No. 16, § 7, eff. July 1, 2014.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49 - Protection of Navigable Waters and Shorelands › § 1428. River corridor protection

§ 1428. River corridor protection
(a) River corridor maps. Upon completion of a sensitivity assessment for a river or river segment under section 1427 of this title, the Secretary shall provide to each municipality and regional planning commission in which the river or river segment is located a copy of the sensitivity assessment and a river corridor map for the municipality and region. A river corridor map provided to a municipality and regional planning commission shall identify floodplains, river corridor protection areas, flood hazard areas, and other areas or zones indicated on a Federal Emergency Management Agency flood insurance rate map, and shall recommend best management practices, including vegetated buffers, based on site-specific conditions. The Secretary shall post a copy of the sensitivity assessment and river corridor map to the Agency of Natural Resources’ website. A municipality with a mapped river or river segment shall post a copy of a sensitivity assessment and river corridor map received under this subsection in the municipal offices and on the municipality’s website, if the municipality regularly updates its website. A regional planning commission shall post a sensitivity assessment or river corridor map received under this subsection in the commission’s offices and on the commission’s website. When a sensitivity assessment or a river corridor map is provided to a municipality, provided to a regional planning commission, or posted on the Agency website, the Agency shall provide all information, including the supportive data, in a digital format.
(b) River corridor protection area bylaw. The Secretary shall create and make available to municipalities several alternative model river corridor protection area bylaws or ordinances for potential adoption by municipalities pursuant to 24 V.S.A. chapter 117 or 24 V.S.A. § 2291. The model bylaws or ordinances shall use terminology consistent with the National Flood Insurance Program regulations.
(c) Flood Resilient Communities Program; incentives. No later than February 1, 2013, the Secretary of Administration, after consultation with the State agencies of relevant jurisdiction, shall offer financial incentives through a Flood Resilient Communities Program. The Program shall list the existing financial incentives under State law for which municipalities may apply for financial assistance, when funds are available, for municipal adoption and implementation of bylaws under 24 V.S.A. chapter 117 that protect river corridors and floodplains. The Secretary of Natural Resources shall summarize minimum standards for municipal eligibility for any financial incentives established under this subsection. (Added 2011, No. 138 (Adj. Sess.), § 10, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49A - Lake Shoreland Protection Standards › § 1441. Purpose

§ 1441. Purpose
The purposes of this chapter shall be to:
(1) provide clear and adaptable standards for the creation of impervious surface or cleared area in lands adjacent to lakes;
(2) prevent degradation of water quality in lakes and preserve natural stability of shoreline;
(3) protect aquatic biota and protect habitat for wildlife and aquatic life;
(4) mitigate, minimize, and manage any impact of new impervious surface and new cleared area on the lakes of the State;
(5) mitigate the damage that floods and erosion cause to development, structures, and other resources in the lands adjacent to lakes;
(6) accommodate creation of cleared areas and impervious surfaces in protected shoreland areas in a manner that allows for reasonable development of existing parcels;
(7) protect shoreland owners’ access to, views of, and use of the State’s lakes; and
(8) preserve and further the economic benefits and values of lakes and their adjacent shorelands. (Added 2013, No. 172 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49A - Lake Shoreland Protection Standards › § 1443. Individual permit requirements for impervious surface or cleared area in a protected shoreland area

§ 1443. Individual permit requirements for impervious surface or cleared area in a protected shoreland area
(a) Permit requirement. A person shall not create cleared area or impervious surface in a protected shoreland area without a permit from the Secretary issued under this section, except for activities authorized to occur without a permit under section 1446 of this title.
(b) Permit issuance. The Secretary shall issue a permit under this section if the proposed impervious surface or cleared area meets the requirements of section 1444 or 1445 of this title.
(c) Permit process. When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.
(d) Permit condition. A permit issued under this section may include permit conditions, including authorizing a permittee, no more frequently than two times per year, to clear vegetative cover within three feet of both sides of a footpath within the protected shoreland area in order to allow access to the mean water level for maintenance or repair of recreational structures or for other activity approved by the Secretary.
(e) Permit term. Individual permits issued under this section shall be for an indefinite term, provided that the permittee complies with the requirements of the permit and takes no additional action for which an individual permit is required.
(f) Recording. A permit or registration issued under this chapter shall, for the purposes of having the permit or registration run with the land, be recorded in the land records of the municipality in which the impervious surface or cleared area is located.
(g) Public recreational areas. Notwithstanding the requirements of sections 1444 and 1445 of this title, the Secretary shall issue a permit under this chapter for a public recreational area project if the permit applicant demonstrates and the Secretary finds that:
(1) the recreational activity provides access to the water for the general public and promotes the public trust uses of the water;
(2) the impervious surface or cleared area is necessary to achieve the recreational purpose of the project, and the project must be constructed within the protected shoreland area to achieve its recreational function; and
(3) the project conforms with best management practices approved by the Secretary that protect the habitat and water quality of the lake while achieving the public recreational purposes. (Added 2013, No. 172 (Adj. Sess.), § 2; amended 2015, No. 150 (Adj. Sess.), § 20, eff. Jan. 1, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49A - Lake Shoreland Protection Standards › § 1444. Permit standards

§ 1444. Permit standards
(a) Permit standards; generally. Except for permits issued under section 1445 of this title, the Secretary shall issue a permit under this chapter if the permit applicant, including the State of Vermont, demonstrates that:
(1) cleared area or impervious surface shall be located at least 100 feet from the mean water level, except for shoreland stabilization measures designed to repair or prevent erosion or flood risks and approved by the Secretary;
(2) cleared area or impervious surface within the protected shoreland area shall be located on a site:
(A) with a slope of less than 20 percent; or
(B) that will have a stable slope with minimal erosion and minimal negative impacts to water quality;
(3)(A) no more than 20 percent of the protected shoreland area of the parcel shall consist of impervious surface; or
(B) best management practices will be used to manage, treat, and control erosion due to stormwater runoff from that portion of impervious surface that exceeds 20 percent of the protected shoreland area;
(4)(A) no more than 40 percent of the protected shoreland area of the parcel shall consist of cleared area, including area cleared for the purposes of creating impervious surface; or
(B) best management practices will be used to provide erosion control, bank stability, and wildlife habitat functionally equivalent to that which would be provided by clearing less than 40 percent of the protected shoreland area; and
(5) vegetative cover shall be managed according to the requirements of section 1447 of this title.
(b) Repair of highway, State forest highway, management road, or private road. Under this chapter, when the repair, emergency repair, or replacement of a highway, management road, State forest highway, or private road results in the construction, creation, or expansion of impervious surface or cleared area on a property adjacent to the highway, management road, State forest highway, or private road, the impervious surface or cleared area constructed or created on the adjacent property shall not be calculated as square footage of impervious surface or cleared area for purposes of permitting or registration under this chapter.
(c) Calculation of area. Under this chapter, the area of constructed, created, or expanded impervious surface or cleared area shall be the square footage as measured on a horizontal plane. (Added 2013, No. 172 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49A - Lake Shoreland Protection Standards › § 1447. Lake shoreland vegetation protection standards

§ 1447. Lake shoreland vegetation protection standards
(a) Within 100 feet of the mean water level, cutting of trees is allowed provided that a well-distributed stand of trees and other natural vegetation is maintained. Vegetation management that occurs within the protected shoreland area and that is conducted according to the requirements of this section shall not be counted toward the cleared area on a parcel.
(b) A “well-distributed stand of trees” shall be defined as maintaining a minimum rating score of 12, in each 25-foot by 25-foot area within 100 feet of the mean water level, as determined by the following rating system.
(2) The following shall govern in applying this point system:
(A) 25-foot by 25-foot plots shall be established for vegetation management purposes.
(B) Each successive plot must be adjacent to but not overlap a previous plot.
(C) Any plot not containing the required points must have no vegetative cover removed unless the removal is allowed pursuant to a registration or individual permit.
(D) Any plot containing the required points may have trees removed down to the minimum points allowed.
(E) Existing vegetative cover under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or as allowed pursuant to a registration or individual permit.
(F) Pruning of tree branches on the bottom one-third of a tree’s height is allowed.
(G) Removal of dead, diseased, or unsafe trees shall be allowed regardless of points.
(c) As used in this section, “other natural vegetation” means retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at four and one-half feet above ground level for each 25-foot by 25-foot area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been planted or rooted in the plot. (Added 2013, No. 172 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49A - Lake Shoreland Protection Standards › § 1448. Municipal delegation

§ 1448. Municipal delegation
(a) Municipal shoreland bylaws or ordinances. The Secretary shall delegate authority to permit the construction, creation, or expansion of impervious surface or cleared area under this chapter to a municipality that has adopted a shoreland bylaw or ordinance if:
(1) the municipality adopts a bylaw or ordinance regulating construction of impervious surface or creation of cleared area in a protected shoreland area;
(2) the municipal bylaw or ordinance is, as determined by the Secretary, functionally equivalent to the requirements under sections 1444, 1445, 1446, and 1447 of this title; and
(3) the Secretary determines that the municipality provides adequate resources for administration and enforcement of the bylaw or ordinance.
(b) Delegation agreement.
(1) Delegation under subsection (a) of this section shall be by agreement between the Secretary and the delegated municipality. The delegation agreement shall set the terms for revocation of delegation.
(2) Under the delegation agreement, the Secretary and the municipality may agree, in instances where a delegated municipality does not or cannot address noncompliance, that the Secretary, after consultation with the municipality, may institute enforcement proceedings under chapter 201 of this title.
(3) The delegation agreement shall require the municipality to:
(A) have or establish a process for accepting, reviewing, and processing applications and issuing permits for construction of impervious surface or creation of cleared area in protected shoreland areas;
(B) take timely and appropriate enforcement actions;
(C) commit to reporting annually to the Secretary on a form and date determined by the Secretary;
(D) comply with all other requirements of the rules adopted under this chapter; and
(E) cure any defects in such bylaw or ordinance or in the administration or enforcement of such bylaw or ordinance upon notice of a defect from the Secretary.
(4) A municipality that seeks delegation under subsection (a) of this section shall be presumed to satisfy the requirements of this subsection for a permit process and enforcement if the municipality has designated a municipal zoning administrator or other municipal employee or official as responsible for the permitting and enforcement of the construction, creation, or expansion of impervious surface or cleared area within the municipality. (Added 2013, No. 172 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49A - Lake Shoreland Protection Standards › § 1449. Coordination of Agency of Natural Resources’ permitting of activities in protected shoreland areas

§ 1449. Coordination of Agency of Natural Resources’ permitting of activities in protected shoreland areas
(a) Coordination of permitting in protected shoreland area. During technical review of a permit application for a wastewater system, potable water supply, stormwater discharge, or stormwater treatment facility that is proposed to be located in a protected shoreland area and that does not require a permit under this chapter, the Agency division issuing the wastewater system, potable water supply, stormwater discharge, or stormwater treatment facility permit shall consult with the Agency’s Lakes and Ponds Section regarding practices or activities that could reduce the impact of the proposed activity on the protected shoreland area or water quality of lakes adjacent to the protected shoreland area.
(b) Agency guidance or procedure. The Agency may formalize the consultation process required by this section in a guidance document or internal agency procedure. (Added 2013, No. 172 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49A - Lake Shoreland Protection Standards › § 1450. Municipal zoning bylaw or ordinance

§ 1450. Municipal zoning bylaw or ordinance
(a) Construction of impervious surface or creation of cleared area occurring outside protected shoreland areas. Construction of impervious surface or creation of cleared area occurring outside a protected shoreland area shall conform to duly adopted municipal zoning bylaws and applicable municipal ordinances and shall not be subject to regulation by the Secretary of Natural Resources under this chapter.
(b) Existing municipal bylaws and ordinances. The requirements of this chapter are in addition to existing municipal bylaws and ordinances, and proposed construction of impervious surface or creation of cleared area within the protected shoreland area shall comply with all relevant, existing municipal, State, and federal requirements. (Added 2013, No. 172 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49A - Lake Shoreland Protection Standards › § 1450a. Rulemaking

§ 1450a. Rulemaking
The Secretary may adopt rules necessary for the purposes of implementing, administering, or enforcing the requirements of this chapter, including best management practices for the construction of impervious surfaces or the creation of cleared area in a protected shoreland area, including standards for:
(1) managing vegetative cover that may be required as a best management practice in order to ensure that some level of the required vegetative cover is maintained in the protected shoreland area;
(2) allowing reasonable use of the protected shoreland area subject to a vegetative cover requirement for construction, creation, or expansion of an impervious surface or cleared area;
(3) minimizing and mitigating the creation of an impervious surface or cleared area in a protected shoreland area. (Added 2013, No. 172 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49A - Lake Shoreland Protection Standards › § 1450b. Education and outreach; citizen’s guide

§ 1450b. Education and outreach; citizen’s guide
The Secretary shall conduct ongoing education and outreach to assist Vermont citizens with understanding and complying with the requirements of this chapter. The education and outreach activities shall include publication on or before January 1, 2015 of a Citizen’s Guide to Shoreland Protection, which shall provide easily understood instructions on the requirements of this chapter, how to apply for a permit or registration, and the activities that are exempt from or otherwise not subject to the requirements of this chapter. (Added 2013, No. 172 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 50 - Aquatic Nuisance Control › § 1451. Findings

§ 1451. Findings
The General Assembly finds that:
(1) It is the policy of the State of Vermont that the water resources of the State shall be protected, regulated, and where necessary controlled under the authority of the State in the public interest to promote the general welfare and to protect public health and the environment.
(2) It is the policy of the State of Vermont to prevent the infestation and proliferation of invasive species in the State that result in negative environmental impacts, including habitat loss and a reduction in native biodiversity along with adverse social and economic impacts and impacts to the public health and safety.
(3) The Agency of Agriculture, Food and Markets and the Department of Forests, Parks and Recreation have established an informal working group to address invasive and noxious weeds, but additional authority is necessary for the Agency of Natural Resources to adequately respond to invasive aquatic nuisance species.
(4) The ability to initiate quickly a response to contain and control a new aquatic species introduction before it can spread is critical to reduce future management costs and protect the integrity of Vermont’s ecosystems.
(5) Infestations of new aquatic species must be detected early and acted upon swiftly to minimize economic, social, and ecological impacts as well as to increase the probability of a successful eradication effort. (Added 2009, No. 46, § 1, eff. July 1, 2010.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 50 - Aquatic Nuisance Control › § 1453. Aquatic nuisance control program

§ 1453. Aquatic nuisance control program
(a) The Agency of Natural Resources shall establish and maintain an aquatic nuisance control program.
(b) The aquatic nuisance control program shall perform the following services:
(1) receive and respond to aquatic nuisance complaints;
(2) work with municipalities, local interest organizations, private individuals, and agencies of the state to develop long-range programs regarding aquatic nuisance controls;
(3) work with federal, state, and local governments to obtain funding for aquatic nuisance control programs;
(4) implement an aquatic species rapid response program under this chapter;
(5) administer a grant-in-aid program under section 1458 of this title;
(6) place a sign at least two feet by two feet in size that states that the water is infected with an aquatic nuisance and that a person transporting the nuisance in violation of section 1454 of this title may be subject to a penalty of up to $1,000.00 pursuant to 23 V.S.A. § 3317, so that the sign is easily visible from a ramp used to launch vessels at any fish and wildlife access area on a body of water infected with an aquatic nuisance;
(7) provide the Commissioner of Fish and Wildlife and the Commissioner of Motor Vehicles with written educational information about aquatic nuisances that can be included in an envelope containing a boat registration and in a Department of Fish and Wildlife publication pertaining to fishing and boating. (Added 2009, No. 46, § 1, eff. July 1, 2010.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 50 - Aquatic Nuisance Control › § 1456. Aquatic species rapid response general permits

§ 1456. Aquatic species rapid response general permits
(a) Notwithstanding the requirements of section 1455 of this title, the Secretary may issue an aquatic species rapid response general permit under this section for a term not to exceed ten years for the control of a nonindigenous new aquatic species. This general permit shall identify the control technique, including the use of biological controls, pesticides, and any other control techniques for the nonindigenous new aquatic species for which coverage may be sought under the permit.
(b) Applications for coverage under this general permit shall be limited to the Commissioner of Environmental Conservation and the Commissioner of Fish and Wildlife. The application shall state the grounds for declaring an emergency situation as defined in subsection (f) of this section. The application shall identify the nonindigenous new aquatic species and control techniques selected to respond to the emergency.
(c) When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.
(d) The Secretary may issue an authorization under an aquatic species rapid response general permit only when the Secretary finds:
(1) that an emergency exists; and
(2) that the proposed control technique meets the requirements of the general permit and is acceptable when considering the emergency situation.
(e) Authorization to act under the terms of a general permit issued under this section shall not exceed three years.
(f) Prior to determining that a nonindigenous new aquatic species emergency exists, the Secretary shall consider the following factors:
(1) the likelihood that the nonindigenous new aquatic species will cause harm to human health, safety, or the environment;
(2) the likelihood that the nonindigenous new aquatic species will cause significant harm to the economy;
(3) the magnitude of the potential adverse impact of the nonindigenous new aquatic species upon public health, safety, the environment, native biodiversity, water bodies, outdoor recreation, or any other use of the State’s water resources;
(4) the likelihood that the nonindigenous new aquatic species would naturalize in the State if not immediately controlled;
(5) the rate at which the invasion would spread throughout the State; and
(6) the difficulty to control the spread of the nonindigenous new aquatic species in the State. (Added 2009, No. 46, § 1, eff. July 1, 2010; amended 2015, No. 150 (Adj. Sess.), § 22, eff. Jan. 1, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 50 - Aquatic Nuisance Control › § 1457. Entrance upon lands to prevent the introduction and spread of new aquatic species

§ 1457. Entrance upon lands to prevent the introduction and spread of new aquatic species
(a) The aquatic nuisance control program shall take reasonable steps to prevent the introduction and spread of new aquatic species that may become invasive in the State. To accomplish this objective, the Secretary or his or her agent may, after first obtaining the permission of the landowner or lessee, enter upon lands for the following purposes:
(1) to survey for, inspect, or investigate conditions relating to new aquatic species that may become invasive;
(2) to collect information to issue coverage under rapid response general permits under section 1456 of this title;
(3) to conduct or use control techniques that are available under or authorized by a rapid response general permit issued under section 1456 of this title; and
(4) to determine whether the rules of the agency adopted or issued under this chapter are being complied with.
(b) If a land owner refuses to grant the Secretary or his or her agent permission to enter onto the owner’s land under this section, the Secretary or the duly authorized representative of the Secretary may apply for and obtain a warrant or subpoena to allow such entry, surveying, collection, and control as is necessary to protect human health, safety, and the environment or prevent economic loss. (Added 2009, No. 46, § 1, eff. July 1, 2010.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 50 - Aquatic Nuisance Control › § 1459. Joint municipal participation

§ 1459. Joint municipal participation
Should the shorelands of waters for which funds are requested under sections 1451-1460 of this title be under more than one municipal governmental jurisdiction, the provisions herein shall apply to the respective municipalities under a joint application, except that the required municipal contribution shall be apportioned among the respective municipalities. (Added 2009, No. 46, § 1, eff. July 1, 2010.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 50 - Aquatic Nuisance Control › § 1461. Aquatic nuisance inspection stations; training program

§ 1461. Aquatic nuisance inspection stations; training program
(a) The Secretary of Natural Resources shall establish a training program regarding how to conduct inspection of vessels, motor vehicles, trailers, and other equipment for the presence of aquatic plants, aquatic plant parts, and aquatic nuisance species. The training program shall include online training, recorded material, training manuals, or other material that allows a person to complete training remotely.
(b) The Secretary of Natural Resources shall establish a training program regarding how to decontaminate vessels, motor vehicles, trailers, and other equipment to prevent the spread of aquatic plants, aquatic plant parts, and aquatic nuisance species. The training program shall instruct participants regarding how to address noncompliance with the requirements of section 1454 of this title, including how:
(1) operators of the inspection station do not have authority to board a vessel unless authorized by the vessel owner; and
(2) operators of the inspection station do not have law enforcement authority to mandate compliance with the requirements of section 1454 of this title.
(c) In order to establish an aquatic nuisance species inspection station for the purposes of the vessel inspection and decontamination requirements of subsection 1454(c) of this title, a lake association, municipality, or the Commissioner of Environmental Conservation shall apply to the Secretary for approval. As a condition of approval, a representative of a lake association or municipality shall complete the training programs established under subsections (a) and (b) of this section. A lake association or municipality seeking to operate an aquatic nuisance species inspection station shall designate a representative to complete the training programs established under subsections (a) and (b) of this section.
(d) A lake association or municipality approved to operate an aquatic nuisance species inspection station under subsection (c) of this section shall provide persons who will operate the aquatic nuisance species inspection station with training materials furnished by the Secretary regarding how to conduct the inspection and decontamination of vessels, motor vehicles, trailers, and other equipment for the presence of aquatic plants, aquatic plant parts, and aquatic nuisance species.
(e) The Secretary may adopt rules under section 1460 of this title to implement the training requirements of this section, including an annual schedule of available training. (Added 2017, No. 67, § 4, eff. June 8, 2017.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 53 - Beverage Containers; Deposit-Redemption System › § 1521. Definitions

§ 1521. Definitions
As used in this chapter:
(1) “Beverage” means beer or other malt beverages and mineral waters, mixed wine drink, soda water, and carbonated soft drinks in liquid form and intended for human consumption. “Beverage” also means liquor and ready-to-drink spirits beverage.
(2) “Biodegradable material” means material that is capable of being broken down by bacteria into basic elements.
(3) “Container” means the individual, separate, bottle, can, jar, or carton composed of glass, metal, paper, plastic, or any combination of those materials containing a consumer product. This definition shall not include containers made of biodegradable material.
(4) “Distributor” means every person who engages in the sale of consumer products in containers to a dealer in this State, including any manufacturer who engages in such sales. Any dealer or retailer who sells, at the retail level, beverages in containers without having purchased them from a person otherwise classified as a distributor shall be a distributor.
(5) “Manufacturer” means every person bottling, canning, packing, or otherwise filling containers for sale to distributors or dealers.
(6) “Recycling” means the process of sorting, cleansing, treating, and reconstituting waste and other discarded materials for the purpose of reusing the materials in the same or altered form.
(7) “Redemption center” means a store or other location where any person may, during normal business hours, redeem the amount of the deposit for any empty beverage container labeled or certified pursuant to section 1524 of this title.
(8) “Secretary” means the Secretary of Natural Resources.
(9) “Mixed wine drink” means a beverage containing wine and more than 15 percent added plain, carbonated, or sparkling water and that contains added natural or artificial blended material, such as fruit juices, flavors, flavoring, adjuncts, coloring, or preservatives; that contains not more than 16 percent alcohol by volume; or other similar product marketed as a wine cooler.
(10) “Liquor” means spirits as defined in 7 V.S.A. § 2. (Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 1; 1983, No. 171 (Adj. Sess.), § 2; 1987, No. 76, § 18; 1987, No. 261 (Adj. Sess.), §§ 1, 2, eff. July 1, 1989; 2005, No. 128 (Adj. Sess.), § 1; 2021, No. 177 (Adj. Sess.), § 35, eff. July 1, 2022.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 53 - Beverage Containers; Deposit-Redemption System › § 1522. Beverage containers; deposit

§ 1522. Beverage containers; deposit
(a) Except with respect to beverage containers that contain liquor, a deposit of not less than five cents shall be paid by the consumer on each beverage container sold at the retail level and refunded to the consumer upon return of the empty beverage container. With respect to beverage containers of volume greater than 50 ml. that contain liquor, a deposit of 15 cents shall be paid by the consumer on each beverage container sold at the retail level and refunded to the consumer upon return of the empty beverage container. The difference between liquor bottle deposits collected and refunds made is hereby retained by the Liquor Control Enterprise Fund for administration of this subsection.
(b) A retailer or a person operating a redemption center who redeems beverage containers shall be reimbursed by the manufacturer or distributor of such beverage containers in an amount that is three and one-half cents per container for containers of beverage brands that are part of a commingling program and four cents per container for containers of beverage brands that are not part of a commingling program.
(c) [Repealed.]
(d) Containers shall be redeemed during no fewer than 40 hours per week during the regular operating hours of the establishment. (Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 2; 1979, No. 132 (Adj. Sess.), § 1; 1987, No. 261 (Adj. Sess.), § 3, eff. Jan. 1 1990; 1991, No. 245 (Adj. Sess.), § 272; 1999, No. 49, § 193; 2005, No. 128 (Adj. Sess.), § 2; 2007, No. 123 (Adj. Sess.), § 2; 2017, No. 83, § 143.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 53 - Beverage Containers; Deposit-Redemption System › § 1522a. Rules

§ 1522a. Rules
The Secretary may adopt rules, in accordance with 3 V.S.A. chapter 25, necessary for the administration of this chapter. These rules may include the following:
(1) Provisions to ensure that beverage containers not labeled in accordance with section 1524 of this title are not redeemed.
(2) Provisions to ensure that beverage containers are commingled.
(3) Administrative penalties for the failure by a redemption center or retailer to remove beverage containers that are not labeled prior to pickup by a distributor or manufacturer. Penalties may include nonpayment of the deposit and handling fee established under section 1522 of this title for a reasonable period of time and for the number of beverage containers that were not labeled.
(4) Any other provision that may be necessary for the implementation of this chapter. (Added 2007, No. 123 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 53 - Beverage Containers; Deposit-Redemption System › § 1523. Acceptance of beverage containers

§ 1523. Acceptance of beverage containers
(a) Except as provided in section 1522 of this title:
(1) A retailer shall not refuse to accept from any person any empty beverage containers, labeled in accordance with section 1524 of this title, of the kind, size, and brand sold by the retailer, or refuse to pay to that person the refund value of a beverage container as established by section 1522 of this title, except as provided in subsection (b) of this section.
(2) A manufacturer or distributor may not refuse to pick up from a retailer that sells its product or a person operating a certified redemption center any empty beverage containers, labeled in accordance with section 1524 of this title, of the kind, size, and brand sold by the manufacturer or distributor, or refuse to pay the retailer or a person operating a redemption center the refund value of a beverage container as established by section 1522 of this title.
(b) A retailer, with the prior approval of the Secretary, may refuse to redeem beverage containers if a redemption center or centers are established that serve the public need.
(c) A retailer or a person operating a redemption center may refuse to redeem beverage containers that are not clean, or are broken, and shall not redeem beverage containers that are not labeled in accordance with section 1524 of this title.
(d)-(f) [Repealed.] (Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 4; 1983, No. 171 (Adj. Sess.), § 3; 2005, No. 128 (Adj. Sess.), § 3; 2007, No. 123 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 53 - Beverage Containers; Deposit-Redemption System › § 1524. Labeling

§ 1524. Labeling
(a) Every beverage container sold or offered for sale at retail in this State shall clearly indicate by embossing or imprinting on the normal product label, or in the case of a metal beverage container on the top of the container, the word “Vermont” or the letters “VT” and the refund value of the container in not less than one-eighth inch type size or such other alternate indications as may be approved by the Secretary. This subsection does not prohibit including names or abbreviations of other states with deposit legislation comparable to this chapter.
(b) The Commissioner of Liquor and Lottery may allow, in the case of liquor bottles, a conspicuous, adhesive sticker to be attached to indicate the deposit information required in subsection (a) of this section, provided that the size, placement, and adhesive qualities of the sticker are as approved by the Commissioner. The stickers shall be affixed to the bottles by the manufacturer, except that liquor that is sold in the State in quantities less than 100 cases per year may have stickers affixed by personnel employed by the Division of Liquor Control.
(c) This section shall not apply to permanently labeled beverage containers.
(d) [Repealed.] (Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 5, eff. Sept. 1, 1975; 1979, No. 132 (Adj. Sess.), § 2; 1983, No. 171 (Adj. Sess.), § 4; 1989, No. 175 (Adj. Sess.), §§ 1-3; 1989, No. 286 (Adj. Sess.), § 6; 1991, No. 97, eff. June 27, 1991; 2005, No. 128 (Adj. Sess.), § 5; 2019, No. 73, § 21.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 53 - Beverage Containers; Deposit-Redemption System › § 1525. Prohibitions

§ 1525. Prohibitions
(a)(1) No beverage shall be sold or offered for sale at retail in this State:
(A) in a metal container designed and constructed so that part of the container other than a piece of pressure sensitive tape is detachable in opening the container; or
(B) in containers connected to each other with plastic rings or similar devices that are not classified as biodegradable by the Secretary.
(2) For the purposes of this subsection only, the word “beverage” includes all drinks sold in liquid form intended for human consumption, whether or not specifically listed in section 1521 of this chapter.
(b) The Secretary of Natural Resources may exempt specific products from subdivision (a)(1) of this section for so long as existing technology does not permit compliance for those products.
(c) No distributor shall sell or offer for sale in this State a brand of beverage in a beverage container labeled as provided in subsection 1524(a) of this title if that distributor sells that beverage container containing that brand in a state that does not have a deposit-redemption system similar to the one established by this chapter and that is adjacent to this State. A distributor that violates this subsection is prohibited from selling or offering those beverages for sale in this State until the violation is corrected.
(d) No person shall knowingly attempt to redeem a container to a retailer or a redemption center for deposit return if that container was purchased outside this State. (Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 6, eff. Jan. 1, 1977; 1979, No. 63, § 1, eff. Jan. 1, 1981; 1987, No. 261 (Adj. Sess.), § 4, eff. Jan. 1, 1990; 2005, No. 128 (Adj. Sess.), § 4; 2019, No. 14, § 37, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 53 - Beverage Containers; Deposit-Redemption System › § 1526. Educational program

§ 1526. Educational program
(a) State informational material such as travel pamphlets, road maps, and similar publications submitted for printing on or after July 1, 1975 shall bear information relating to this chapter. This information shall take the form of a standard public statement relating to the deposit law provided by the Secretary.
(b) The Agency of Education may incorporate information on this chapter in educational material which it normally distributes to primary and secondary educational institutions within the State. The Agency may cooperate with the Agency of Natural Resources in distributing any additional informative material on this chapter to schools in the State. (Added 1975, No. 105, § 7; amended 1987, No. 76, § 18; 2013, No. 92 (Adj. Sess.), § 254, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 53 - Beverage Containers; Deposit-Redemption System › § 1527. Penalty

§ 1527. Penalty
A person who violates a provision of this chapter shall be fined in accordance with chapter 201 of this title. (Added 1975, No. 105, § 8; amended 2023, No. 79, § 11, eff. July 1, 2023.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 53 - Beverage Containers; Deposit-Redemption System › § 1528. Beverage registration

§ 1528. Beverage registration
No distributor or manufacturer shall sell a beverage container in the State of Vermont without the manufacturer registering the beverage container with the Agency of Natural Resources prior to sale, unless distributed by the Department of Liquor and Lottery. This registration shall take place on a form provided by the Secretary and include the following:
(1) the name and principal business address of the manufacturer;
(2) the name of the beverage and the container size;
(3) whether the beverage is a part of an approved commingling agreement; and
(4) the name of the person picking up the empty beverage container, if that person is different from the manufacturer. (Added 2007, No. 123 (Adj. Sess.), § 4; amended 2019, No. 73, § 22.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 53 - Beverage Containers; Deposit-Redemption System › § 1529. Redemption center certification

§ 1529. Redemption center certification
A person operating a redemption center may obtain a certification from the Secretary. A redemption center certification shall include the following:
(1) Specification of the name and location of the facility;
(2) If the certified redemption center redeems more than 250,000 containers per year, a requirement that the certified redemption center shall participate in an approved commingling agreement; and
(3) Additional conditions, requirements, and restrictions as the Secretary may deem necessary to implement the requirements of this chapter. This may include requirements concerning reporting, recording, and inspections of the operation of the site. (Added 2007, No. 123 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 55 - Aid to Municipalities for Water Supply and Water Pollution Abatement and Control › § 1571. Definitions

§ 1571. Definitions
As used in this chapter:
(1) “Agency” means Agency of Natural Resources.
(2) “Board” means the Natural Resources Board.
(3) [Repealed.]
(4) “Department” means the Department of Environmental Conservation.
(5) “Municipality” means a municipality as defined in 1 V.S.A. § 126.
(6) “Water pollution abatement and control facilities” means such equipment, conveyances, and structural or nonstructural facilities owned or operated by a municipality that are needed for and appurtenant to the prevention, management, treatment, storage, or disposal of stormwater, sewage, or waste, including a wastewater treatment facility, combined sewer separation facilities, an indirect discharge system, a wastewater system, flood resiliency work related to a structural facility, or a groundwater protection project.
(7) [Repealed.]
(8) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative.
(9) [Repealed.]
(10) “Designated center” means a downtown development district, village center, new town center, growth center, Vermont neighborhood, or neighborhood development area designated under 24 V.S.A. chapter 76A.
(11) “Sewage” shall have the same meaning as used in 24 V.S.A. § 3501.
(12) “Stormwater” shall have the same meaning as stormwater runoff in section 1264 of this title.
(13) “Waste” shall have the same meaning as used in section 1251 of this title. (Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1981, No. 222 (Adj. Sess.), § 30; 1987, No. 76, § 18; 1997, No. 62, § 57, eff. June 26, 1997; 2003, No. 63, § 61, eff. June 11, 2003; 2003, No. 115 (Adj. Sess.), § 39, eff. Jan. 31, 2005; 2003, No. 121 (Adj. Sess.), § 63, eff. June 8, 2004; 2013, No. 147 (Adj. Sess.), § 10, eff. June 1, 2014; 2015, No. 103 (Adj. Sess.), § 5, eff. May 12, 2016.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 55 - Aid to Municipalities for Water Supply and Water Pollution Abatement and Control › § 1621. Financial assistance

§ 1621. Financial assistance
A municipality that desires State financial assistance for construction, improvement, or expansion of water pollution abatement and control facilities may make application to the Department in accordance with this subchapter. (Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1997, No. 62, § 58, eff. June 26, 1997; 2015, No. 103 (Adj. Sess.), § 13, eff. May 12, 2016.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 55 - Aid to Municipalities for Water Supply and Water Pollution Abatement and Control › § 1622. Eligible projects

§ 1622. Eligible projects
As used in this subchapter, eligible project costs for water pollution abatement and control facilities projects shall include equipment, conveyances, and structural or nonstructural facilities needed for and appurtenant to the prevention, management, treatment, storage, or disposal of sewage, waste, or stormwater, and the associated costs, including planning and design costs, necessary to construct the improvements, including costs to acquire land for the project. (Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1971, No. 255 (Adj. Sess.), § 8, eff. April 11, 1972; 1973, No. 112, § 1, eff. April 25, 1973; 1977, No. 241 (Adj. Sess.), § 2; 1983, No. 198 (Adj. Sess.), § 2, eff. Oct. 1, 1984; 1997, No. 62, § 59, eff. June 26, 1997; 2015, No. 103 (Adj. Sess.), § 14, eff. May 12, 2016; 2017, No. 185 (Adj. Sess.), § 18, eff. May 28, 2018.)