reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2605. Governor’s Council on Physical Fitness and Sports

§ 2605. Governor’s Council on Physical Fitness and Sports
(a) The Governor’s Council on Physical Fitness and Sports is created within the Department of Forests, Parks and Recreation, to be composed of 20 members with appropriate interests and representing the various geographical areas of the State. The members shall be appointed by the Governor for staggered terms of two years expiring on March 31 in the appropriate year. The Governor may reappoint any person who has served or is serving as a member of the Council. The Governor shall appoint a member of the Council to serve as chair, and the Council shall elect other officers as needed. The Council shall meet annually and at the call of the Chair.
(b) In order to promote physical fitness, the Council shall have the responsibility to:
(1) develop, foster, and coordinate services and programs of physical fitness for the people of Vermont;
(2) sponsor physical fitness and sports workshops, clinics, conferences, and other similar activities;
(3) give recognition to outstanding developments and achievements in, and contributions to, physical fitness and sports;
(4) stimulate physical fitness research;
(5) collect and disseminate physical fitness and sports information and initiate advertising campaigns promoting physical fitness and sports;
(6) upon request assist schools to develop health and physical fitness programs for students;
(7) encourage local governments and communities to develop local physical fitness programs;
(8) encourage the private sector to develop programs for promotion of personal health and physical fitness;
(9) enlist the support of individuals, civic groups, amateur professional sports associations, and other organizations to promote and improve physical fitness and sports programs;
(10) promote the development of a program of statewide amateur athletic competition to be known as the Green Mountain State Games. The Games shall be designed to encourage the participation of athletes representing a broad range of age groups, skill levels, and Vermont communities in a variety of activities. Participants shall be residents of this State. Regional competitions shall be held throughout the State, and the top qualifiers in each sport shall proceed to the final competitions to be held at a site in the State with the necessary facilities and equipment for conducting the competitions. The frequency of the Games shall be determined by the Council.
(c) The Council may accept grants, gifts, and bequests and enter into contracts to carry out the purposes of this section. (Added 1985, No. 173 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2606. Acceptance of gifts; exchange, purchase, or lease of lands

§ 2606. Acceptance of gifts; exchange, purchase, or lease of lands
(a) The Commissioner, with the approval of the Governor, may accept gifts of land or interests in land to the State, or may purchase land or interests in land in the name of the State to be held and administered as State forests, State parks, easement interests, or as interests supporting the management and use of such lands and interests.
(b) Notwithstanding 29 V.S.A. § 166, with the approval of the General Assembly, which may be granted by resolution, the Commissioner may sell, convey, exchange, or lease lands, or interests in land, or may amend deeds, leases, and easement interests, under his or her jurisdiction when in his or her judgment it is advantageous to the State to do so in the highest orderly development and management of State forests, State parks, or other interests in land.
(c) The Commissioner, with the approval of the Governor, may lease mine, quarry, or other resource sites or rights as may be discovered on State forest or State park lands unconditionally owned by the State.
(d) The Commissioner, with the approval of the Governor, may lease for a term of years, or otherwise, such lands as he or she deems necessary for the protection of State forest or State park lands or for use by the State in connection therewith.
(e) The provisions of this section shall not be construed to allow the Commissioner to grant oil and gas leases. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 1981, No. 240 (Adj. Sess.), § 4, eff. April 28, 1982; 1997, No. 148 (Adj. Sess.), § 70, eff. April 29, 1998; 2017, No. 89 (Adj. Sess.), § 1, eff. Feb. 28, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2606a. Mountaintop use as communications sites

§ 2606a. Mountaintop use as communications sites
(a) State policy. It is hereby adopted as State policy to permit limited use of designated State-owned land under the jurisdiction of the Department for electronic communications broadcasting by both public and private entities. Use of the designated sites shall be in compliance with the policy set forth herein under the management of government and private users of the mountaintops. This policy implementation has the objectives of:
(1) protecting State-owned mountaintops from the development of new communications facilities that have a significant adverse environmental impact;
(2) protecting mountaintop communication signals from interference by existing or subsequent users; and
(3) maximizing use of limited mountaintop facilities through consolidation of equipment, efficient development and economic management of each site.
(b) Specific sites.
(1) Mountaintop designation. The State-owned mountaintops to which this section shall apply are: Ascutney Mountain North Peak and Ascutney Mountain South Peak, Burke Mountain, Okemo Mountain, and Killington Mountain.
(2)-(5) [Repealed.] (Added 1993, No. 233 (Adj. Sess.), § 63, eff. June 21, 1994; amended 1995, No. 185 (Adj. Sess.), § 10d, eff. May 22, 1996; 2009, No. 135 (Adj. Sess.), § 4; 2009, No. 135 (Adj. Sess.), § 26(4)(B).)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2607. Natural areas; designation

§ 2607. Natural areas; designation
(a) The Commissioner, with the approval of the Governor, may designate and set aside areas in the State forests and State parks as natural areas.
(b) “Natural areas” means limited areas of land that have retained their wilderness character, although not necessarily completely natural and undisturbed, or have rare or vanishing species of plant or animal life or similar features of interest that are worthy of preservation for the use of present and future residents of the State and may include unique ecological, geological, scenic, and contemplative recreational areas on State lands.
(c) Land uses and practices in natural areas shall be subject to regulations of the Department to carry out the purposes of this chapter to manage or maintain the areas for the preservation of their natural condition. Areas so designated may be removed from such designation only by approval of the Governor following public notice and hearing. (Added 1977, No. 253 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2608. Enforcement; penalties; liability

§ 2608. Enforcement; penalties; liability
Enforcement of the provisions of this chapter or rules adopted hereunder shall be in accordance with chapter 201 or 211 of this title. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2609. Forest Parks Revolving Fund

§ 2609. Forest Parks Revolving Fund
There is hereby established in the State Treasury a fund to be known as the State Forest Parks Revolving Fund, to be administered by the Commissioner of Forests, Parks and Recreation from which payments may be made for the planning, design, development, operation, and maintenance of State parks.
There shall be deposited in said fund all monies that are received from State parks and forest recreational areas including those received from fees, leases, licenses, concessions, rentals, or sales, together with such sums as may be appropriated to said Fund by the Legislature. All balances in such Fund at the end of any fiscal year shall be carried forward and remain a part of such Fund. (Added 1979, No. 13, § 45, retroactive to July 1, 1978.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2609a. Income from lease of mountaintop communication sites

§ 2609a. Income from lease of mountaintop communication sites
Annually on or before February 15, the Agency of Natural Resources shall submit a report to the Senate Committee on Natural Resources and Energy and the House Committees on Energy and Technology and on Natural Resources, Fish, and Wildlife containing an itemization of the income generated through the end of the previous fiscal year from the use of sites for communication purposes. (Added 1995, No. 185 (Adj. Sess.), § 10b, eff. May 22, 1996; amended 2011, No. 139 (Adj. Sess.), § 8, eff. May 14, 2012; 2017, No. 113 (Adj. Sess.), § 44d.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2610. Relocation assistance; when required

§ 2610. Relocation assistance; when required
(a) When the Department undertakes any project that results in the acquisition of real property subject to the provisions of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Pub. L. No. 91-646, 84 Stat. 1894 (1971), as amended, and as a result of that acquisition a person is displaced from his or her home, business, or farm, the Department shall provide relocation assistance and make relocation payments to the displaced person in compliance with the Federal Uniform Relocation Act.
(b) Payments made under this section shall not be deemed compensation for real property acquired or compensation for damages to remaining property.
(c) The Department may adopt rules necessary to administer the provisions of this section. Such rules shall be consistent with the Federal Uniform Relocation Act and applicable federal regulations. (Added 1989, No. 5, eff. April 1, 1989.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2611. Vermont Youth Conservation Corps

§ 2611. Vermont Youth Conservation Corps
(a) The Secretary of Natural Resources in cooperation with the Commissioner of Labor is hereby directed to develop and implement a youth work, education, and community service program to improve, restore, maintain, and conserve public buildings, lands, waters, and parks.
(b) The Vermont Youth Conservation Corps program may be offered throughout the year. It shall be the purpose of the program to provide economic, vocational, community service, and educational opportunities for Vermont youths. At least half of the youths enrolled in the program shall be disadvantaged.
(c) To effectuate the purposes of this section, the Secretary may:
(1) Employ a Vermont Youth Conservation Corps director or coordinator and the support staff necessary to direct, supervise, and implement the program.
(2) Subject to the limitations of 32 V.S.A. § 5, apply for and accept grants or contributions from funds from any public or private source.
(3) Purchase a policy of liability insurance for the benefit of the State, its employees, and enrollees while performing their official duties pursuant to the provisions of this section.
(4) Enter into an agreement with the Vermont Youth Conservation Corps, Inc. regarding the cooperative management and operation of the Youth Conservation Corps program. (Added 1993, No. 153 (Adj. Sess.), § 1, eff. May 11, 1994; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2612. Designation; Vermont Youth Conservation Corps, Inc

§ 2612. Designation; Vermont Youth Conservation Corps, Inc
(a) The Vermont Youth Conservation Corps, Inc. is designated the organization in the State to accept federal and State funds and private donations for the purpose of developing and maintaining the Vermont Youth Conservation Corps program.
(b) The Vermont Youth Conservation Corps, Inc. and the Department of Forests, Parks and Recreation shall enter into a management agreement for the purpose of managing and operating the program.
(c) [Repealed.] (Added 1993, No. 153 (Adj. Sess.), § 2, eff. May 11, 1994; amended 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2613. Abenaki place names in State parks

§ 2613. Abenaki place names in State parks
The Commissioner, before installing new signs or replacing existing signs in a State park, shall consult with the Vermont Commission on Native American Affairs to determine if there is an Abenaki name for any site within the park. If the Commission on Native American Affairs advises the Commissioner of an Abenaki name, the Abenaki name shall be displayed with the English name. (Added 2019, No. 174 (Adj. Sess.), § 1, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2621. Duties of owners

§ 2621. Duties of owners
It shall be the duty of a landowner or operator of forestland, whether public or private, to manage, operate, and harvest forest crops that promote conditions favorable for regrowth consistent with the policies of this chapter. All forestland on which a lumbering operation is conducted should be left by the owner or operator in a favorable condition for regrowth by preserving trees of commercial species sufficient under normal conditions to maintain continuous forest growth or restocking so as to ensure continuous or successive forest crops. So far as practicable, all desirable seedlings and saplings should be protected during logging operations. When necessary, reforestation practices should be employed to ensure renewed forest growth after harvesting of forest crops. (Added 1977, No. 253 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2622. Rules; harvesting timber; forests; acceptable management practices for maintaining water quality

§ 2622. Rules; harvesting timber; forests; acceptable management practices for maintaining water quality
(a) Silvicultural practices. The Commissioner shall adopt rules to establish methods by which the harvest and utilization of timber in private and public forestland will be consistent with continuous forest growth, including reforestation, will prevent wasteful and dangerous forestry practices, will regulate heavy cutting, will encourage good forestry management, will enable and assist landowners to practice good forestry management, and will conserve the natural resources consistent with the purposes and policies of this chapter, giving due consideration to the need to ensure continuous supplies of forest products and to the rights of the owner or operator of the land. The rules adopted under this subsection shall be advisory and not mandatory except that the rules adopted under section 2625 of this title for the regulation of heavy cutting shall be mandatory as shall other rules specifically authorized to be mandatory.
(b) Acceptable management practices. On or before July 1, 2016, the Commissioner shall revise by rule the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont. The revised acceptable management practices shall ensure that all logging operations, on both public and private forestland, are designed to: prevent or minimize discharges of sediment, petroleum products, and woody debris (logging slash) from entering streams and other bodies of water; improve soil health of forestland; protect aquatic habitat and aquatic wildlife; and prevent erosion and maintain natural water temperature. The purpose of the acceptable management practices is to provide measures for loggers, foresters, and landowners to utilize, before, during, and after logging operations, to comply with the Vermont Water Quality Standards and minimize the potential for a discharge from logging operations in Vermont in accordance with section 1259 of this title. The rules adopted under this subsection shall be advisory and not mandatory. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 1997, No. 15, § 1, eff. May 6, 1997; 2015, No. 64, § 49.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2622a. Water Quality Assistance Program

§ 2622a. Water Quality Assistance Program
(a) Creation of program. There is established the Water Quality Assistance Program under which the Commissioner of Forests, Parks and Recreation shall provide technical and financial assistance to timber harvesters and others for compliance with water quality requirements in the State. The Commissioner of Forests, Parks and Recreation shall coordinate with natural resources conservation districts in the implementation of the Program.
(b) Eligible assistance. Under the Program, the Commissioner of Forests, Parks and Recreation is authorized to expend monies for the following activities in order to facilitate compliance with water quality requirements:
(1) Award financial assistance in the form of grants to timber harvesters and others to purchase or construct skidder bridges and other equipment.
(2) Purchase premade skidder bridges and other equipment to loan or lease to timber harvesters and others.
(3) Purchase available, premade skidder bridges and other equipment and provide those bridges or equipment to cooperating processing plants for sale to timber harvesters and others at cost, subject to storage and handling fees.
(4) If premade skidder bridges are not available on the commercial market, issue in a calendar year two requests for proposal for the construction of skidder bridges for delivery to cooperating processing plants for sale to timber harvesters and others at cost, subject to storage and handling fees. The Commissioner shall issue one request for proposal for the northern part of the State and one request for proposal for the southern part of the State.
(c) Financial assistance. An applicant for a grant under this section shall pay at least 10 percent of the total cost of the equipment. The dollar amount of a State grant shall be equal to the total cost of the equipment, less 10 percent of the total as paid by the applicant. A grant awarded under this section shall be awarded in accordance with terms and conditions established by the Commissioner.
(d) Spill kit. The Commissioner shall provide a person who purchases, constructs, or loans out a skidder bridge under subsection (b) of this section with a spill kit for containing or absorbing fluids released during timber harvesting activities. (Added 2017, No. 75, § 14, eff. June 12, 2017.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2622b. Accident prevention and safety training for logging contractors

§ 2622b. Accident prevention and safety training for logging contractors
(a) Training Program. The Commissioner of Forests, Parks and Recreation shall develop a logging operations accident prevention and safety training curriculum and supporting materials to assist logging safety instructors in providing logging safety instruction. In developing the logging operations accident prevention and safety training curriculum and supporting materials, the Commissioner shall consult with and seek the approval of the training curriculum by the Workers’ Compensation and Safety Division of the Department of Labor.
(1) The accident prevention and safety training curriculum and supporting materials shall consist of an accident prevention and safety course that addresses the following:
(A) safe performance of standard logging practices, whether mechanized or nonmechanized;
(B) safe use, operation, and maintenance of tools, machines, and vehicles typically utilized and operated in the logging industry; and
(C) recognition of health and safety hazards associated with logging practices.
(2) The Commissioner shall make the accident prevention and safety training curriculum and supporting materials available to persons, organizations, or groups for presentation to individuals being trained in forest operations and safety.
(b) Request for proposal. The Commissioner shall prepare and issue a request for proposal to develop at least three course curriculums and associated training materials. The Commissioner may cooperate with any reputable association, organization, or agency to provide course curriculums and training required under this subsection.
(c) Certificate of completion. The Commissioner, any logging safety instructor, or a logger safety certification organization shall issue a certificate of completion to each person who satisfactorily completes a logging operations accident prevention and safety training program based on the curriculum developed under this section. (Added 2019, No. 83, § 10.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2622c. Financial assistance; logger safety; master logger certification; cost-share

§ 2622c. Financial assistance; logger safety; master logger certification; cost-share
(a) The Commissioner of Forests, Parks and Recreation annually shall award grants to the following entities in order to provide financial assistance to loggers for the purposes of improving logger safety and professionalism:
(1) to the Vermont Logger Education to Advance Professionalism (LEAP) program to provide financial assistance to logging contractors for the costs of logger safety training or continuing education in logger safety; and
(2) to the Trust to Conserve Northeast Forestlands for the purpose of annually paying for up to 50 percent, but not more than $1,500.00, of the costs of the initial certification of up to 10 logging contractors enrolled in the Master Logger Certification Program.
(b) The following costs to a logging contractor shall be eligible for assistance under the grants awarded under subsection (a) of this section:
(1) the costs of safety training, continuing education, or a loss prevention consultation;
(2) the costs of certification under the Master Logger Program administered by the Trust to Conserve Northeast Forestlands; or
(3) the costs of completion of a logging career technical education program.
(c) A grant awarded under this section shall pay up to 50 percent of the cost of an eligible activity. (Added 2019, No. 83, § 10.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2623. Reports, management plans, and licensing

§ 2623. Reports, management plans, and licensing
In order to implement the purpose and policies of this subchapter, the Commissioner may:
(1) Require the filing of an annual report by a mill operator covering timber products cut, lumber produced, and source of timber. Such report shall be in conformity with reports required by other agencies.
(2) Accept a management plan presented by a forest owner or operator as alternative to compliance with any rules issued under this subchapter. A plan, when approved by the Commissioner, shall be deemed to be in compliance with the regulations issued under this subchapter so long as the plan is complied with.
(3) Require the annual licensing and registration of portable sawmills, portable chip harvesters, and other similar portable forest product utilization systems. The operator receiving a license shall comply with all requirements stipulated for the operation of such equipment. Regulations relating to licensing requirements shall be adopted in accordance with 3 V.S.A. chapter 25. (Added 1977, No. 253 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2624. Marked timber sales

§ 2624. Marked timber sales
(a) The Department of Forests, Parks and Recreation may provide marked timber to Vermont citizens for personal use at a reasonable price to be determined by the Secretary of Natural Resources.
(b) The Commissioner of Forests, Parks and Recreation may establish a firewood-for-homes program. As part of this program, the Commissioner shall designate areas of State-owned lands, situated at various locations throughout the State, that will be available to members of the general public for harvesting firewood for purposes of heating their own homes. (Added 1979, No. 205 (Adj. Sess.), § 124, eff. May 9, 1980; amended 1987, No. 76, § 18; 2007, No. 192 (Adj. Sess.), § 6.003.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2641. Town forest fire wardens; appointment and removal

§ 2641. Town forest fire wardens; appointment and removal
(a) Upon approval by the selectboard and acceptance by the appointee, the Commissioner shall appoint a town forest fire warden for a term of five years or until a successor is appointed. A town forest fire warden may be reappointed for successive five-year terms by the Commissioner or until a successor is approved by the selectboard and appointed by the Commissioner. The warden may be removed for cause at any time by the Commissioner with the approval of the selectboard. A warden shall comply with training requirements established by the Commissioner.
(b) The Commissioner may appoint a forest fire warden for an unorganized town or gore, who shall serve for a term of five years or until a successor is appointed. An appointed forest fire warden for an unorganized town or gore may be reappointed for successive five-year terms by the Commissioner until the Commissioner appoints and the unorganized town or gore approves a successor. The warden may be removed for cause at any time by the Commissioner with the approval of the unorganized town or gore. The forest fire warden of an unorganized town or gore shall have the same powers and duties as town forest fire wardens and shall be subject to the requirements of this subchapter.
(c) When there are woodlands within the limits of a city, the chief of the fire department of such city shall act as the city forest fire warden with all the powers and duties of town forest fire wardens.
(d) When the Commissioner deems it difficult in any municipality for one warden to take charge of protecting the entire municipality from forest fires, he or she may appoint one or more deputy forest fire wardens. Such wardens under the direction of the fire warden shall have the same powers, duties, and pay and make the same reports through the fire warden to the Commissioner as forest fire wardens.
(e) The Commissioner may appoint special forest fire wardens who shall hold office during the pleasure of the Commissioner. Such fire wardens shall have the same powers and duties throughout the State as town forest fire wardens, except that all expenses and charges incurred on account of their official acts shall be paid from the appropriations for the Department. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 1987, No. 107, § 1; 2015, No. 171 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2642. Salary and compensation of town forest fire wardens

§ 2642. Salary and compensation of town forest fire wardens
(a) The salary of a town forest fire warden shall be determined by the selectboard members for time spent in the performance of the duties of his or her office, which shall be paid by the town. In addition thereto, he or she shall receive from the Commissioner $30.00 annually for fulfilling the requirements of section 2645 of this title and keeping the required State records. He or she shall also receive from the Commissioner $30.00 per diem for attendance at each training required by the Commissioner. He or she shall also receive annually an amount of $10.00 for each fire report that is submitted by the forest fire warden under section 2644 of this title.
(b), (c) [Repealed.] (Added 1977, No. 253 (Adj. Sess.), § 1; amended 1983, No. 195 (Adj. Sess.), § 5(b); 2015, No. 171 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2643. Town’s liability for suppression of forest fires; State aid

§ 2643. Town’s liability for suppression of forest fires; State aid
(a) A municipality in which a forest fire occurs shall pay the cost to suppress a forest fire that occurs on land that is not owned by the Agency of Natural Resources, including the costs of personnel and equipment. The Commissioner may, according to the Department fire suppression reimbursement policy, reimburse a municipality for all or a portion of the costs of suppressing a forest fire on land that is not owned by the Agency of Natural Resources.
(b) For the purpose of suppressing forest fires on lands owned by the Agency of Natural Resources, the State shall reimburse a town for all its forest fire suppression costs at a rate determined by the Commissioner according to the Department fire suppression reimbursement policy. If the total acreage of a forest fire is determined to be partially on land owned by the Agency of Natural Resources and partially on land owned by another party, the Commissioner shall, at a minimum, reimburse the town at a rate determined by the Commissioner according to the Department fire suppression reimbursement policy for costs incurred by the municipality on land owned by the Agency of Natural Resources.
(c) For any forest fire on lands owned by the Agency of Natural Resources to be considered eligible for reimbursement from the State, a town forest fire warden shall have reported the forest fire to the Commissioner within 14 days of extinguishment of the fire as required under section 2644 of this title. For reimbursement of fire suppression costs for forest fires on land owned by the Agency of Natural Resources, the town forest fire warden and the Commissioner or designee shall approve the costs before submission to the municipality for payment. The town forest fire warden may submit to the State on an annual basis a request for reimbursement of fire suppression costs on lands owned by the Agency of Natural Resources. The State shall reimburse a town for all applicable forest fire suppression costs when the reimbursement request is presented in a form approved by the Commissioner to the Commissioner by December 31 of each year. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2644. Duties and powers of fire warden

§ 2644. Duties and powers of fire warden
(a) When a forest fire or fire threatening a forest is discovered in his or her town, the town forest fire warden shall enter upon any premises and take measures for its prompt control, suppression, and extinguishment. The town forest fire warden may call upon any person for assistance. The town forest fire warden may choose to share or delegate command authority to a chief engineer of a responding fire department or, in the chief’s absence, the highest ranking assistant firefighter present during the fire.
(b) A town forest fire warden shall keep a record of his or her acts, the number of fires and causes, the areas burned over, and the character and amount of damages done in the warden’s jurisdiction. Within two weeks after the extinguishment of a fire, the town forest fire warden shall report the fire to the Commissioner, but the making of a report under this subsection shall not be a charge against the town.
(c) [Repealed.] (Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2645. Open burning; permits

§ 2645. Open burning; permits
(a) Except as otherwise provided in this section, a person shall not kindle or authorize another person to kindle a fire in the open air for the purpose of burning natural wood, brush, weeds, or grass without first obtaining permission from the town forest fire warden or deputy forest fire warden stating when and where such fire may be kindled. Wood, brush, weeds, or grass shall not be burned if they have been altered in any way by surface applications or injection of paints, stains, preservatives, oils, glues, or pesticides. Whenever such permission is granted, the fire warden, within 12 hours, shall issue a written “Permit to Kindle” for record purposes stating when and where such fire may be kindled.
(b) With the written approval of the Secretary, during periods of increased fire hazard, the Commissioner may notify town fire wardens that for a specified period no burning permits shall be issued. The fire wardens shall issue no permits during the specified period.
(c) The provisions of this section will not apply to:
(1) the kindling of a fire in a location where there is snow surrounding the open burning site;
(2) fires built in stone arches, outdoor fireplaces, or existing fire rings at State recreational areas or fires built in stone arches, outdoor fireplaces, or fire rings on private property that are not located within woodland, timberland, or a field containing dry grass or other flammable plant material contiguous to woodland;
(3) the kindling of a fire in a location that is 200 feet or more from any woodland, timberland, or field containing dry grass or other flammable plant material contiguous to woodland; or
(4) areas within cities maintaining a fire department.
(d)(1) As used in this section, “natural wood” means:
(A) trees, including logs, boles, trunks, branches, limbs, and stumps;
(B) lumber, including timber, logs, or wood slabs, especially when dressed for use; and
(C) pallets that are used for the shipment of various materials, so long as such pallets are not chemically treated with any preservative, paint, or oil.
(2) “Natural wood” does not mean other wood products such as sawdust, plywood, particle board, or press board.
(e) Nothing in this section shall be construed to limit the authority of the air pollution control officer to prohibit open burning in accordance with the rules adopted under chapter 23 of this title. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 11; 2023, No. 21, § 1, eff. May 25, 2023.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2646. Proclamation by Governor prohibiting kindling of fires: Closing of woodlands

§ 2646. Proclamation by Governor prohibiting kindling of fires: Closing of woodlands
(a) Whenever it appears to the Governor that there is excessive danger of forest fires, he or she may prohibit by proclamation the kindling of a fire in or adjoining forestland or close any or all sections of woodland, or brushland, in any town for such time as the Governor may designate, to all persons except the owner and his or her household, his or her tenants, servants, or agents and persons in the public employment engaged in abating such fire-hazardous condition.
(b) Proclamations shall be published in such newspapers of the State and posted in such places and in such manner as the Governor may order in writing. A copy of such publication and order, attested by the Secretary of Civil and Military Affairs, shall be filed with the Secretary of State and a like copy shall be furnished to the Commissioner who shall attend to the publication and posting thereof. The expenses of such publication and posting shall be paid by the Department. Notice of removal of restrictions imposed by proclamation shall be in the same manner. (Added 1977, No. 253 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2647. Fires in woods of another; permission

§ 2647. Fires in woods of another; permission
No one shall build a fire in the woodlands of another without the permission of the owner, lessee, holder of right-of-way, or his or her authorized agent between April 1 and November 1. A person who builds a fire in or adjoining any woods shall totally extinguish such fire before leaving it. (Added 1977, No. 253 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2648. Slash removal

§ 2648. Slash removal
(a) A person may cut or cause to be cut forest growth only if all slash adjoining the right-of-way of any public highway, or the boundary lines of woodlots owned by adjoining property owners, is treated as follows:
(1) All slash shall be removed for a distance of 50 feet from the right-of-way of any public highway or from the boundary lines of woodlots owned by adjoining property owners.
(2) All slash shall be removed for a distance of 100 feet from standing buildings on adjoining property.
(b) [Repealed.]
(c) If in the opinion of the town forest fire warden there is no fire hazard as a result of a cutting, the warden may issue, upon request, a statement relieving the operator of the conditions required in this section. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 1987, No. 107, § 2; 2015, No. 171 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2651. Municipal forest; definition

§ 2651. Municipal forest; definition
As used in this subchapter, “municipal forest” means a tract of land primarily devoted to producing wood products, maintaining wildlife habitat, protecting water supplies, providing forest recreation and conservation education. A municipal forest shall not be construed to include landscaped grounds and plantings around residential, industrial, institutional, municipal buildings or municipal areas devoted to off-street recreation. (Added 1977, No. 253 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2652. Municipal forests, State aid

§ 2652. Municipal forests, State aid
At any legal meeting, a municipality may vote sums of money for the purchase, management, and improvement of a municipal forest within or without the municipality. Any appropriation so voted shall qualify the municipality for such matching State and federal funds as may be available, provided that the suitability of such lands is approved by the Commissioner of Forests, Parks and Recreation. Any portion of such appropriated and matching funds not required for the purchase of land may be expended by the municipality, under the direction of the Commissioner of Forests, Parks and Recreation, in establishing multiple use and implementing a management program for such municipal forest. (Added 1977, No. 253 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2653. Designation of municipal forest

§ 2653. Designation of municipal forest
A town owning a tract of land may have the same examined without cost by the Commissioner of Forests, Parks and Recreation for the purpose of determining whether the same is suitable for a municipal forest. If, upon such examination, he or she decides that it is suitable for such purposes, it shall be designated as municipal forest and he or she shall give advice as to the subsequent management thereof. (Added 1977, No. 253 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2654. Management

§ 2654. Management
Municipal forests shall be managed under the direction of the Commissioner. The protection of such forests shall be under the town forest fire warden who shall be paid for his or her services in connection therewith by the town at the same rate as he or she is paid for fighting forest fires upon the approval of his or her account by the Commissioner. (Added 1977, No. 253 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2655. Receipts

§ 2655. Receipts
All monies received for the sale of lumber, wood, or other products from a municipal forest shall be paid into the treasury of the municipality. In the event any of the lands held by a municipality for municipal forest purposes are sold, advances made by the State or federal government in the purchase thereof shall be repaid to the State by the municipality. (Added 1977, No. 253 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2661. Surveys and investigations

§ 2661. Surveys and investigations
The Commissioner shall make surveys and investigations to determine the threat or presence of infestations and control of forest pests. For this purpose, duly designated representatives of the Commissioner may enter at reasonable times on public and private lands for the purpose of conducting such surveys, investigations, and controls. (Added 1977, No. 253 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2662. Control measures

§ 2662. Control measures
(a) Whenever the Commissioner finds that an area in the State is infested or threatened to be infested with forest pests, he or she shall determine whether measures of control are needed and are available and the area over which the control measures shall be applied. The Commissioner shall prescribe a proposed zone of infestation covering the area in which control measures are to be applied, and shall publish notice of the proposal in one or more newspapers having a general circulation in the area in which control measures are to be undertaken.
(b) The notice shall include a brief description of the location of the proposed zone of infestation and the approximate time when control measures will be executed. (Added 1977, No. 253 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2663. Infestation control; agreements with owners

§ 2663. Infestation control; agreements with owners
The Commissioner under the provisions of 3 V.S.A. § 2853 may apply measures of infestation control on public and private forest and other lands anywhere in the State to any trees, timber, plants, or shrubs thereon harboring or which may harbor the forest pests. The Commissioner may enter into agreements with owners of such lands covering the control work on their lands, and fix the pro rata basis on which the cost of such work will be shared between the State and said owner, provided, that the failure of the Commissioner to offer an agreement to or execute an agreement with any owner shall not impair the right of representatives of the Commissioner to enter on the lands of said owner to conduct control operations. (Added 1977, No. 253 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2664. Cost prorated; agreements

§ 2664. Cost prorated; agreements
If in any area the owners of a majority of the acreage to be protected from pests execute agreements with the State, the Commissioner shall be authorized to carry out control work on other adjacent or interior holdings, that, if uncontrolled, would cause a re-infestation of the controlled area. The cost of control work on such areas may be prorated among the owners who have executed agreements on the same basis as for their own lands, if they agree thereto. (Added 1977, No. 253 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2671. Jurisdiction

§ 2671. Jurisdiction
The Criminal Division of the Superior Court shall have exclusive jurisdiction over uniform fire prevention tickets issued under this subchapter. (Added 1987, No. 107, § 3; amended 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2672. Complaint or information and summons

§ 2672. Complaint or information and summons
(a) In any case involving a violation of subsection 2645(a) or 2648(a) of this title, the complaint or information and summons shall be in the form known as the Uniform Fire Prevention Ticket. The Court Administrator shall prepare the form for the Uniform Fire Prevention Ticket. The Court Administrator shall be responsible for all Uniform Fire Prevention Tickets issued to fire wardens, and shall prepare or cause to be prepared records and reports relating to Uniform Fire Prevention Tickets. Any fire warden may void any Uniform Fire Prevention Ticket by so marking the ticket and returning it to the Court Administrator. A prosecuting attorney may issue, amend or dismiss a fire prevention complaint.
(b) The Uniform Fire Prevention Ticket shall consist of four parts:
(1) the complaint or information, which shall include spaces for the signatures of the fire warden or other issuing officer, prosecuting attorney, and judge or clerk;
(2) the fire warden’s or issuing officer’s record, which shall be a copy of the complaint or information;
(3) the prosecutor’s record, which shall be a copy of the complaint or information; and
(4) the summons, which shall include a copy of the complaint or information, a waiver, and an explanation of rights.
(c) The reverse sides of the sheets shall be as set out in the form, with additions or deletions as are necessary to adapt the uniform fire prevention complaint to the court involved.
(d) The ticket shall contain the following two paragraphs that shall be prominently printed in boldfaced type:
(1) Failure to comply with the instructions on this ticket will result in a fine of up to $25.00 for each day of noncompliance.
(2) If you admit you have committed a fire prevention offense or are judged to have committed the offense you may be subject to a fine of up to $25.00 for each day of noncompliance.
(e) The Uniform Fire Prevention Ticket form shall be used in all cases involving violations of subsection 2645(a) or 2648(a) of this title, whether the case is prosecuted or the complaint issued by a fire warden or by any other person, or upon information or complaint issued by the State’s Attorney or other prosecuting officer. (Added 1987, No. 107, § 3.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 83 - Department of Forests, Parks and Recreation › § 2673. Procedure on failure to appear; notice; rules

§ 2673. Procedure on failure to appear; notice; rules
If a defendant fails to appear or answer a fire prevention ticket or summons served upon the defendant and upon which a complaint has been filed, the court shall mail a notice to the defendant at the address stated in the complaint notifying the defendant that failure to appear will result in a fine. The notice shall be in the form prescribed by the Court Administrator, and a copy of the notice shall be sent to the town fire warden together with a copy of the complaint. (Added 1987, No. 107, § 3.)