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2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 34 - Conservation and Preservation Rights and Interests › § 823. Interests in real property

§ 823. Interests in real property
Conservation and preservation rights and interests shall be deemed to be interests in real property and shall run with the land. A document creating such a right or interest shall be deemed to be a conveyance of real property and shall be recorded under 27 V.S.A. chapter 5 but shall not be subject to the requirement of filing a notice of claim within the 40-year period as provided in 27 V.S.A. § 603. Such a right or interest shall be enforceable in law or in equity. Any subsequent transfer, mortgage, lease, or other conveyance of the real property or an interest in the real property shall reference the grant of conservation rights and interests in the real property; provided, however, that the failure to include a reference to the grant shall not affect the validity or enforceability of the conservation rights and interests. (Added 1977, No. 221 (Adj. Sess.), § 1, eff. April 12, 1978; amended 1987, No. 200 (Adj. Sess.), § 50; 2011, No. 118 (Adj. Sess.), § 5; 2015, No. 84 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 35 - Drainage of Low Lands › § 851. Landowner’s duties

§ 851. Landowner’s duties
When the public good or the necessity or convenience of individuals requires the opening of a ditch or watercourse to drain low or swamp lands, to enable owners or occupants thereof to cultivate the same, such owners or occupants shall open such ditch or watercourse in proportion to their several interests.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 35 - Drainage of Low Lands › § 852. Dispute between landowners; notice to selectboard; investigation

§ 852. Dispute between landowners; notice to selectboard; investigation
When there is a dispute between parties as to the opening of a ditch or watercourse or the width, depth, or extent that a person shall open, either party may notify in writing the selectboard of the town in which the lands are located of the dispute and ask for an investigation.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 35 - Drainage of Low Lands › § 853. Hearings; orders; charges; lien

§ 853. Hearings; orders; charges; lien
On receiving such notice, the selectboard shall notify all the parties interested of the time when it will examine the premises and hear the parties and their witnesses. They shall apportion the ditch or watercourse among the several parties having regard to the interest of each party in the opening thereof, and shall decide what time each party shall have to open his or her share of the ditch or watercourse, and they may order such ditch or watercourse or a part thereof to be covered, or the selectboard may, if it deems it advantageous and with the written consent of three-fourths of the landowners concerned, place one or more contracts covering all or such portions of said ditch or watercourse as it may deem advisable, and allocate costs in proportion to the benefits received by the interested parties. Such charges shall become a first lien on the property after taxes, and shall be paid to the town treasurer at such time as shall be directed by the selectboard. Funds shall be paid out by the town treasurer on order of the selectboard for costs incurred in drainage. When lands affected lie in more than one town, the selectboard of each town shall appoint one of its own number with authority to act jointly with a similarly appointed representative or representatives from the other town or towns to act in determining the necessity of drainage, allocation of costs, entering into contracts, and other powers as set forth herein.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 35 - Drainage of Low Lands › § 854. When only part of landowners to open drain

§ 854. When only part of landowners to open drain
When it appears to the selectboard that the owner or occupant of a piece of land is not sufficiently interested in opening the ditch or watercourse to be required to perform or pay for any part thereof, but it appears necessary for the other parties that such ditch or watercourse should be constructed across such land, they may award that the same be done at the expense of such other parties. The parties in whose favor the award is made, may open the ditch or watercourse across such land at their own expense without being trespassers.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 35 - Drainage of Low Lands › § 855. Land damages

§ 855. Land damages
When an owner of land through which a drain is to be constructed claims damages therefor, the selectboard shall hear the parties interested therein, and may award reasonable damages to be paid by the parties benefited in such proportions as the selectboard deem just. In estimating such damages, the benefit that the person may receive thereby shall be taken into consideration.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 35 - Drainage of Low Lands › § 857. Decision; written and filed

§ 857. Decision; written and filed
The award of the selectboard shall be in writing, signed by a majority of them, and they shall lodge it, or a certified copy thereof, in the office of the town clerk. The clerk shall keep it on file, and the selectboard shall deliver a copy to each of the interested parties. Such award shall be binding on the parties.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 35 - Drainage of Low Lands › § 859. Cleaning or repairing ditches

§ 859. Cleaning or repairing ditches
Ditches or watercourses opened under the provisions of this chapter shall be kept free for the passage of water into and through the same. If a person fails to do his or her proportionate share of cleaning or repairing a ditch or watercourse, the same proceedings may be had as in case of opening ditches or watercourses.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 35 - Drainage of Low Lands › § 860. Opening on noncompliance with order

§ 860. Opening on noncompliance with order
When a person does not open a ditch or watercourse, or his or her proportion thereof, in accordance with the order of the selectboard, a person interested who was a party of record in the proceedings may open such ditch or watercourse and collect pay for the same of the party who was directed by the order of the selectboard to open such ditch or watercourse.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 35 - Drainage of Low Lands › § 862. Appeal from award; recognizance

§ 862. Appeal from award; recognizance
A person owning land through which a drain or watercourse is to be laid may appeal from the award of the selectboard to the Superior Court, by entering into a recognizance with sufficient sureties, before the board, in such sum as it requires, conditioned that the appellant will prosecute his or her appeal to effect and pay intervening damages and costs in case the award is affirmed. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 35 - Drainage of Low Lands › § 863. Procedure on appeal; commissioners

§ 863. Procedure on appeal; commissioners
When the appeal is entered in the Superior Court with the report of the selectboard in writing, in its discretion, upon hearing, the court may accept or reject the award, or may appoint a commission consisting of three disinterested freeholders of the vicinity, who shall make examination of the premises. After notice to the parties and hearing, such commissioners shall make report thereof to the court within 30 days thereafter, or within such further time as the court upon request may fix. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 35 - Drainage of Low Lands › § 864. Duties of court

§ 864. Duties of court
The Superior Court shall make necessary orders and render judgments to carry out its decisions and tax costs as seems just. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 35 - Drainage of Low Lands › § 865. Copy of award and judgment filed

§ 865. Copy of award and judgment filed
A certified copy of the award of the selectboard or of the report of the commissioners, finally accepted by the Superior Court, with the orders and judgments of such court, shall be recorded in the office of the town clerk where the lands are situated. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 901. Water resources management policy

§ 901. Water resources management policy
It is hereby declared to be the policy of the State that the water resources of the State shall be protected, regulated and, where necessary, controlled under authority of the State in the public interest and to promote the general welfare. (Amended 1959, No. 329 (Adj. Sess.), § 42, eff. March 1, 1961; 1961, No. 100, § 1; 1965, No. 116; 1975, No. 254 (Adj. Sess.), § 142; 1981, No. 222 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 902. Definitions

§ 902. Definitions
Wherever used or referred to in this chapter, unless a different meaning clearly appears from the context:
(1) “Board” means the Natural Resources Board.
(2) “Department” means Department of Environmental Conservation.
(3) “Waters” means any and all rivers, streams, brooks, creeks, lakes, ponds, or stored water, and groundwaters, excluding municipal and farm water supplies.
(4) “Water resources” means the waters and the values inherent or potential in waters and their uses.
(5) “Wetlands” means those areas of the State that are inundated by surface or groundwater with a frequency sufficient to support significant vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and reproduction. Such areas include marshes, swamps, sloughs, potholes, fens, river and lake overflows, mud flats, bogs, and ponds, but excluding such areas as grow food or crops in connection with farming activities.
(6) “Class I wetland” means:
(A) a wetland identified on the Vermont significant wetlands inventory maps as a Class I wetland;
(B) a wetland that the former Water Resources Board identified in rules of the Board as a Class I wetland; or
(C) a wetland that the Secretary, based upon an evaluation of the extent to which the wetland serves the functions and values set forth in subdivision 905b(18)(A) of this title, determines is exceptional or irreplaceable in its contribution to Vermont’s natural heritage and, therefore, merits the highest level of protection.
(7) “Class II wetland” means a wetland other than a Class I or Class III wetland that:
(A) is a wetland identified on the Vermont significant wetlands inventory maps; or
(B) the Secretary determines to merit protection, pursuant to section 914 of this title, based upon an evaluation of the extent to which it serves the functions and values set forth in subdivision 905b(18)(A) of this title and the rules of the Department.
(8) “Class III wetland” means a wetland that is neither a Class I wetland nor a Class II wetland.
(9) “Buffer zone” means an area contiguous to a significant wetland that protects the wetland’s functions and values. The buffer zone for a Class I wetland shall extend at least 100 feet from the border of the wetland, unless the Department determines otherwise under section 915 of this title. The buffer zone for a Class II wetland shall extend at least 50 feet from the border of the wetland unless the Secretary determines otherwise under section 914 of this title.
(10) “Panel” means the Water Resources Panel of the Agency of Natural Resources.
(11) “Significant wetland” means any Class I or Class II wetland.
(12) “Secretary” means the Secretary of Natural Resources or the Secretary’s authorized representative. (Amended 1969, No. 281 (Adj. Sess.), § 4; 1981, No. 222 (Adj. Sess.), § 11; 1985, No. 188 (Adj. Sess.), § 1; 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 16, eff. Jan. 31, 2005; 2009, No. 31, § 3; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 905a. Department of Environmental Conservation

§ 905a. Department of Environmental Conservation
There is created the Department of Environmental Conservation, to be administered by a Commissioner of Environmental Conservation. (Added 1981, No. 222 (Adj. Sess.), § 11; amended 1987, No. 76, § 17.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 906. Investigators

§ 906. Investigators
Investigators employed by the Department of Environmental Conservation when designated in writing by the Commissioner of Environmental Conservation shall enforce the provisions of chapters 37, 39, 41, 43, 47 and 49 and subchapter 3 of chapter 48 of this title; Title 29, chapter 11; sections 1215 and 1217 of Title 18; section 2201 of Title 24 and sections 4411 and 4444 of Title 24 insofar as those chapters and sections contain enforceable provisions and may summons or arrest violators thereof. In those matters, they may serve criminal process and subpoenas. They shall have the same powers as other informing officers to make and subscribe to complaints for violation thereof. (1965, No. 110, eff. June 22, 1965; amended 1971, No. 255 (Adj. Sess.), § 2, eff. April 11, 1972; 1981, No. 222 (Adj. Sess.), § 11; 1987, No. 76, § 18.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 911. Entrance upon lands; records, maintenance

§ 911. Entrance upon lands; records, maintenance
The Department employee or agent may enter upon lands for the purposes of inspecting and investigating conditions relating to sources of pollution of the waters of the State or the potential pollution thereof, and to determine whether the rules and orders of the Department are being complied with. Any authorized representative of the Department may examine any records or memoranda pertaining to the operation of disposal systems or related water quality projects. The Department may require the maintenance of records relating to the operation of disposal systems. Copies of these records shall be submitted to the Department on request. (1964, No. 37 (Sp. Sess.), § 7; amended 1981, No. 222 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 912. Temporary emergency permits

§ 912. Temporary emergency permits
The Secretary or the Secretary’s designee shall expedite and may authorize temporary emergency permits under this title, pursuant to 3 V.S.A. § 2822(c). (Added 2003, No. 82 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 913. Prohibition

§ 913. Prohibition
(a) Except for allowed uses adopted by the Department by rule, no person shall conduct or allow to be conducted an activity in a significant wetland or buffer zone of a significant wetland except in compliance with a permit, conditional use determination, or order issued by the Secretary.
(b) A permit shall not be required under this section for:
(1) any activity that occurred before the effective date of this section unless the activity occurred within:
(A) an area identified as a wetland on the Vermont significant wetlands inventory maps;
(B) a wetland that was contiguous to an area identified as a wetland on the Vermont significant wetlands inventory maps;
(C) the buffer zone of a wetland referred to in subdivision (A) or (B) of this subdivision (1);
(2) any construction within a wetland that is identified on the Vermont significant wetlands inventory maps or within the buffer zone of such a wetland, provided that the construction was completed prior to February 23, 1992, and no action for which a permit is required under the rules of the Department was taken or caused to be taken on or after February 23, 1992. (Added 2009, No. 31, § 5; amended 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 914. Wetlands determinations

§ 914. Wetlands determinations
(a) The Secretary may, upon a petition or on his or her own motion, determine whether any wetland is a Class II or Class III wetland. Such determinations shall be based on an evaluation of the functions and values set forth in subdivision 905b(18)(A) of this title and the rules of the Department.
(b) The Secretary may establish the necessary width of the buffer zone of any Class II wetland as part of any wetland determination pursuant to the rules of the Department.
(c) The provisions of chapter 170 of this title shall apply to issuance of determinations under this section.
(d) [Repealed.]
(e) The Secretary may recommend to the panel that a wetland be classified as a Class I wetland under section 915 of this title. (Added 2009, No. 31, § 5; amended 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2015, No. 150 (Adj. Sess.), § 9, eff. Jan. 1, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 915. Class I wetlands

§ 915. Class I wetlands
The classification of any wetland as a Class I wetland, the reclassification of a Class I wetland as a Class II or III wetland, the reclassification of any Class II or III wetland as a Class I wetland, or the modification of the buffer zone of a Class I wetland shall be made by the Department pursuant to the rulemaking provisions of 3 V.S.A. chapter 25. (Added 2009, No. 31, § 5; amended 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 916. Revision of Vermont significant wetlands inventory maps

§ 916. Revision of Vermont significant wetlands inventory maps
The Secretary shall revise the Vermont significant wetlands inventory maps to reflect wetland determinations issued under section 914 of this title and rulemaking by the panel under section 915 of this title. (Added 2009, No. 31, § 5.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 921. Definitions

§ 921. Definitions
As used in this subchapter:
(1) “Administrative cost” means program and project costs incurred by a clean water service provider or a grantee, including costs to conduct procurement, contract preparation, and monitoring, reporting, and invoicing.
(2) “Basin” means a watershed basin designated by the Secretary for use as a planning unit under subsection 1253(d) of this title.
(3) “Best management practice” or “BMP” means a schedule of activities, prohibitions, practices, maintenance procedures, green infrastructure, or other management practices to prevent or reduce water pollution.
(4) “Clean water project” means a best management practice or other program designed to improve water quality to achieve a target established under section 922 of this title that:
(A) is not subject to a permit under chapter 47 of this title, is not subject to the requirements of 6 V.S.A. chapter 215, exceeds the requirements of a permit issued under chapter 47 of this title, or exceeds the requirements of 6 V.S.A chapter 215; and
(B) is within the following activities:
(i) developed lands, sub-jurisdictional practices related to developed lands including municipal separate storm sewers, operational stormwater discharges, municipal roads, and other developed lands discharges;
(ii) natural resource protection and restoration, including river corridor and floodplain restoration and protection, wetland protection and restoration, riparian and lakeshore corridor protection and restoration, and natural woody buffers associated with riparian, lakeshore, and wetland protection and restoration;
(iii) forestry; or
(iv) agriculture.
(5) “Co-benefit” means the additional benefit to local governments and the public provided by or associated with a clean water project, including flood resilience, ecosystem improvement, and local pollution prevention.
(6) “Design life” means the period of time that a clean water project is designed to operate according to its intended purpose.
(7) “Maintenance” means ensuring that a clean water project continues to achieve its designed pollution reduction value for its design life.
(8) “Standard cost” means the projected cost of achieving a pollutant load reduction per unit or per best management practice in a basin. (Added 2019, No. 76, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 925. Clean water service provider; Water Quality Restoration Formula Grant Program

§ 925. Clean water service provider; Water Quality Restoration Formula Grant Program
The Secretary shall administer a Water Quality Restoration Formula Grant Program to award grants to clean water service providers to meet the pollutant reduction requirements under this subchapter. The grant amount shall be based on the annual pollutant reduction goal established for the clean water service provider multiplied by the standard cost for pollutant reduction including the costs of administration and reporting. Not more than 15 percent of the total grant amount awarded to a clean water service provider shall be used for administrative costs. (Added 2019, No. 76, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 926. Water Quality Enhancement Grant Program

§ 926. Water Quality Enhancement Grant Program
The Secretary shall administer a Water Quality Enhancement Grant Program. This program shall be a competitive grant program to fund projects that protect high quality waters, maintain or improve water quality in all waters, restore degraded or stressed waters, create resilient watersheds and communities, and support the public’s use and enjoyment of the State’s waters. When making awards under this program, the Secretary shall consider the geographic distribution of these funds. Not more than 15 percent of the total grant amount awarded shall be used for administrative costs. (Added 2019, No. 76, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 927. Developed Lands Implementation Grant Program

§ 927. Developed Lands Implementation Grant Program
The Secretary shall administer a Developed Lands Implementation Grant Program to provide grants or financing to persons who are required to obtain a permit to implement regulatory requirements that are necessary to achieve water quality standards. The grant or financing program shall only be available in basins where a clean water service provider has met its annual goals or is making sufficient progress, as determined by the Secretary, towards those goals. This grant program shall fund or provide financing for projects related to the permitting of impervious surface of three acres or more under subdivision 1264(g)(3) of this title. Not more than 15 percent of the total grant amount awarded shall be used for administrative costs. (Added 2019, No. 76, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 928. Municipal Stormwater Implementation Grant Program

§ 928. Municipal Stormwater Implementation Grant Program
The Secretary shall administer a Municipal Stormwater Implementation Grant Program to provide grants to any municipality required under section 1264 of this title to obtain or seek coverage under the municipal roads general permit, the municipal separate storm sewer systems permit, a permit for impervious surface of three acres or more, or a permit required by the Secretary to reduce the adverse impacts to water quality of a discharge or stormwater runoff. The grant program shall only be available in basins where a clean water service provider has met its annual goals or is making sufficient progress, as determined by the Secretary, towards those goals. Not more than 15 percent of the total grant amount awarded shall be used for administrative costs. (Added 2019, No. 76, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 37 - Wetlands Protection and Water Res. Management › § 929. Clean water project technical assistance

§ 929. Clean water project technical assistance
The Secretary shall provide technical assistance upon the request of any person who, under this chapter, receives a grant or is a subgrantee of funds to implement a clean water project. (Added 2019, No. 76, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 39 - Watershed Protection and Flood Prevention › § 951. Flood prevention, powers of Governor

§ 951. Flood prevention, powers of Governor
The Governor may employ such expert assistance as he or she deems advisable for the purpose of devising ways and means of averting and mitigating damage by floods, and may disseminate such practical information as he or she may obtain thereby.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 39 - Watershed Protection and Flood Prevention › § 952. Federal flood control program; natural resources conservation districts as sponsoring agencies

§ 952. Federal flood control program; natural resources conservation districts as sponsoring agencies
(a) The natural resources conservation districts may act as local sponsoring agencies under the provisions of Public Law 83-566, for carrying out programs for flood control, stream bank protection, and channel improvements, as well as land treatment and drainage, subject to review and approval by the Department of Environmental Conservation of all plans for projects that affect stream flow.
(b) A municipality, when authorized by a majority of the voters voting at a meeting warned and held for that purpose, may purchase, or acquire by gift, title to land within the State for the purpose of constructing, maintaining, and operating improvements for flood prevention or conserving, developing, using, and disposing of water under Public Law 83-566, and may pay 100 percent or less of the nonfederal costs thereof. (Amended 1961, No. 100, § 2(b); 1963, No. 111; 1961, No. 79, § 1(b), eff. May 7, 1963; 1966, No. 27 (Sp. Sess.), § 1, eff. March 12, 1966; 1967, No. 303 (Adj. Sess.), § 15(b), eff. March 22, 1968; 1981, No. 222 (Adj. Sess.), § 14; 1987, No. 76, § 18.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 39 - Watershed Protection and Flood Prevention › § 953. Flood prevention contracts under federal programs

§ 953. Flood prevention contracts under federal programs
In addition to its powers and duties under chapters 37 and 43 of this title, the Department of Environmental Conservation, when requested by local agencies, and acting alone or with other State or local agencies, with the approval of the Governor, may contract in the name of the State for constructing, maintaining, and operating improvements for flood prevention or conserving, developing, using, and disposing of water under Public Law 83-566. The Department of Environmental Conservation may also give technical or other assistance to natural resources conservation districts and other local sponsoring agencies in carrying out their responsibilities under section 4 of Public Law 83-566. The Commissioner of Environmental Conservation may also acquire real and personal property, including property held for public use, by gift, purchase, lease, or eminent domain, in connection with constructing or carrying out projects under Public Law 83-566. (Amended 1961, No. 100, § 2; 1966, No. 27 (Sp. Sess.), § 2, eff. March 12, 1966; 1967, No. 303 (Adj. Sess.), § 15(b), eff. March 22, 1968; 1981, No. 222 (Adj. Sess.), § 15; 1987, No. 76, § 18.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 39 - Watershed Protection and Flood Prevention › § 954. Operation and maintenance of flood prevention structures

§ 954. Operation and maintenance of flood prevention structures
The Department of Environmental Conservation may operate and maintain structures constructed under section 953 of this title or may provide for their operation and maintenance through contracts with natural resources conservation districts or other local organizations. (Amended 1961, No. 100, § 2; 1963, No. 79, § 1(b), eff. May 7, 1963; 1967, No. 303 (Adj. Sess.), § 15(b), eff. March 22, 1968; 1981, No. 222 (Adj. Sess.), § 16; 1987, No. 76, § 18.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 39 - Watershed Protection and Flood Prevention › § 955. Apportionment of State funds

§ 955. Apportionment of State funds
The Department of Environmental Conservation may apportion among districts or agencies State funds available for maintenance and operation. Apportionment of State funds for this purpose by the Department shall be final. (Amended 1961, No. 100, § 2; 1981, No. 222 (Adj. Sess.), § 17; 1987, No. 76, § 18.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 39 - Watershed Protection and Flood Prevention › § 956. Personnel

§ 956. Personnel
The Department of Environmental Conservation may, with the approval of the Governor, employ personnel necessary in the performance of its duties and the exercise of its powers under this chapter. (Amended 1961, No. 100, § 2; 1981, No. 222 (Adj. Sess.), § 18; 1987, No. 76, § 18.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 39 - Watershed Protection and Flood Prevention › § 957. State contributions authorized

§ 957. State contributions authorized
The Department of Environmental Conservation may pay 100 percent or less of the nonfederal costs of projects under Public Law 83-566 for the following purposes:
(1) Flood prevention.
(2) Public recreation or fish and wildlife development.
(3) Storage for stream flow augmentation for multiple purposes. (1966, No. 27 (Sp. Sess.), § 3, eff. March 12, 1966; amended 1981, No. 222 (Adj. Sess.), § 19; 1987, No. 76, § 18.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 39 - Watershed Protection and Flood Prevention › § 958. Eminent domain; determining necessity

§ 958. Eminent domain; determining necessity
(a) The Commissioner of Environmental Conservation may file a complaint in the Civil Division of the Superior Court for any county in which a portion of the real estate lies to determine that necessity requires that the State acquire real estate within the State, including real estate held for public use in the name of the State or any municipality, for the purpose of flood control projects.
(b) “Necessity” means a reasonable need that considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. It shall not be measured merely by expense or convenience to the condemning party. Due consideration shall be given to the following factors:
(1) The adequacy of other property and locations.
(2) The quantity, kind, and extent of cultivated and agricultural land that may be made unfit for use by the proposed taking. In this connection, the effect on long-range agricultural land use as well as the immediate effect shall be considered.
(3) The effect of the taking upon home and homestead rights and the convenience of the owner of the land.
(4) The effect of the taking upon scenic and recreational values in the areas involved.
(5) The effect upon town grand lists and revenues.
(6) The effect upon fish and wildlife, forests and forest programs, the natural flow of water and the streams both above and below any proposed structure, upon hazards to navigation, fishing, and bathing, and upon other public uses.
(7) Whether the cutting clean and removal of all timber and tree growth from all or any part of any flowage area involved is reasonably required.
(c) The complaint, the service thereof and the proceedings in relation thereto, including rights of appeal, shall conform with and be controlled by 19 V.S.A. chapter 5. (Added 1966, No. 27 (Sp. Sess.), § 4, eff. March 12, 1966; amended 1981, No. 222 (Adj. Sess.), § 20; 1987, No. 76, § 18; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 126 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 39 - Watershed Protection and Flood Prevention › § 960. Entry authorized

§ 960. Entry authorized
The Commissioner of Environmental Conservation or his or her authorized agents may enter upon any real estate at reasonable times and places for the purpose of making surveys or other investigations under this section, subsection 952(b) and sections 953, 957-958, and 961 of this title. The owners of damaged real estate may recover for damages sustained by reason of the preliminary entry authorized by this section in an action at law against the Commissioner. (Added 1966, No. 27 (Sp. Sess.), § 6, eff. March 12, 1966; amended 1981, No. 222 (Adj. Sess.), § 22; 1987, No. 76, § 18; 2011, No. 126 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 39 - Watershed Protection and Flood Prevention › § 961. Construction contracts administered

§ 961. Construction contracts administered
A sponsoring organization that enters into a project under section 952 of this title may administer construction contracts pertaining to the project, except that the Commissioner of Environmental Conservation may administer those contracts if State funds are involved in the project. (1966, No. 27 (Sp. Sess.), § 7, eff. March 12, 1966; amended 1981, No. 222 (Adj. Sess.), § 23; 1987, No. 76, § 18.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 41 - Regulation of Stream Flow › § 1001. Purpose

§ 1001. Purpose
The Department of Environmental Conservation is created to administer the water conservation policy of this State. It is in the public interest that the waters of the State shall be protected, regulated, and where necessary controlled under the authority of the State. The proper administration of the water resources now and for the future require careful consideration of the interruption of the natural flow of water in our watercourses resulting from the construction of new, and the operation of existing dams, diversion, and other control structures. This subchapter is intended to identify this need, to provide a means for the investigation of the cause and effect of intermittent or diverted flow, and for the consideration of corrective actions required to assure as nearly continuous flow of waters in the natural watercourses as may be possible consistent with reasonable use of riparian rights. (1965, No. 37, § 1; amended 1981, No. 222 (Adj. Sess.), § 24; 1987, No. 76, § 18.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 41 - Regulation of Stream Flow › § 1003. Conference; recommendations

§ 1003. Conference; recommendations
Whenever, in the opinion of the Department, it appears that the artificial regulation of stream flow as maintained by any person threatens the public interest or welfare or an emergency exists or is threatened, the Department may call to conference the owner or owners of the dam causing the artificial regulation and other persons having an interest therein, for the purpose of seeking cooperation in altered regulation to minimize damage to the public interest under the policy of this chapter. As a result of the conference, the Department may require action be taken by the person owning the dam with respect to the release of water as it may consider necessary and proper in the public interest, and shall issue findings of fact developed at the conference. For dams or diversions not licensed under 16 U.S.C. § 800, existing permits may be amended where those permits do not contain conditions with respect to minimum stream flow. For federally licensed facilities, the Secretary may negotiate the modification of stream flow, and if the Secretary’s recommendations are not agreed to, the Secretary may petition the Federal Energy Regulatory Commission (FERC) for license amendments. (Added 1965, No. 37, § 3; amended 1981, No. 222 (Adj. Sess.), § 24; 1987, No. 67, § 11.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 41 - Regulation of Stream Flow › § 1004. State’s agent

§ 1004. State’s agent
The Secretary shall be the agent to coordinate the State interest before the Federal Energy Regulatory Commission in all matters involving water quality and regulation or control of natural stream flow through the use of dams situated on streams within the boundaries of the State, and it shall advise the Federal Energy Regulatory Commission of the amount of flow considered necessary in each stream under consideration. The Agency of Natural Resources shall be the certifying agency of the State for purposes of Section 401 of the federal Clean Water Act and the Secretary’s determinations on these certifications shall be final action by the Secretary appealable to the Environmental Division. The Secretary shall be the agent of the State and shall represent the State’s interest under the provisions of the Federal Power Act, including those that protect State-designated outstanding resource waters. However, the Secretary’s authority shall not infringe upon the powers and duties of the Public Utility Commission or the relations of that Commission to the Federal Energy Regulatory Commission as set forth in the Federal Power Act respecting water used for the development of hydroelectric power or projects incident to the generation of electric energy for public use as part of a public utility system. (Added 1965, No. 37, § 4; amended 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 3, eff. April 27, 1984; 1987, No. 67, § 12; 1987, No. 76, § 18; 1991, No. 81, § 1; 2003, No. 115 (Adj. Sess.), § 19, eff. Jan. 31, 2005.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 41 - Regulation of Stream Flow › § 1005a. Agency of Natural Resources; hydroelectric escrow fund

§ 1005a. Agency of Natural Resources; hydroelectric escrow fund
(a) The Secretary of Natural Resources, with the approval of the Secretary of Administration, shall have the authority to enter into one or more written contracts with persons or entities to fund certifications under Section 401 of the federal Clean Water Act and State reviews and comments on Federal Energy Regulatory Commission (FERC) hydroelectric licensing as undertaken by or at the direction of the Agency of Natural Resources as the State’s agent under section 1004 of this title. Funding provided under this section for such studies shall not exceed $300,000.00 in the aggregate in any fiscal year. Such contracts shall establish mutually agreed upon study budgets, provide a means for tracking costs as they are incurred by the Agency in conducting the studies, establish a procedure for rendering periodic billings to the persons or entities contracting with the Agency for the payment of such costs, and provide for an annual accounting of all such expenditures through the annual State budget process. The term of any such contract may not exceed three years. The Agency of Natural Resources may enter into one or more contracts with more than one person or entity providing for payment of such costs through an agent, provided such agent is mutually agreed upon by the participating persons or entities and the Agency.
(b) All payments made to the Agency under such contracts shall be deposited into a special escrow fund created by the persons or entities with whom the Agency has contracted, to be known as the Hydroelectric Licensing Fund. All unencumbered balances in the Fund at the end of any fiscal year shall revert to the persons or entities contracted with on a prorated basis. Disbursements from the Fund shall be made to the Agency of Natural Resources to support those programs of the Agency of Natural Resources incurring the costs of conducting the studies. (Added 1997, No. 59, § 39a, eff. June 30, 1997.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 41 - Regulation of Stream Flow › § 1022. Application for alteration

§ 1022. Application for alteration
A person proposing to change, alter, or modify the course, current, or cross section of a watercourse shall apply in writing to the Secretary for a permit to do so. The application shall describe the location and purpose of the proposed change and shall be accompanied by the maps and plans and other information the Secretary shall direct. When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title and the requirements of this subchapter. (Added 1965, No. 111, § 2, eff. June 22, 1965; amended 1969, No. 281 (Adj. Sess.), § 7; 1975, No. 150 (Adj. Sess.), § 3; 1979, No. 159 (Adj. Sess.), § 12; 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 5, eff. April 27, 1984; 1987, No. 67, § 5; 2015, No. 150 (Adj. Sess.), § 10, eff. Jan. 1, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 41 - Regulation of Stream Flow › § 1024. Appeals

§ 1024. Appeals
Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title. (Added 1965, No. 111, § 4, eff. June 22, 1965; amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1975, No. 150 (Adj. Sess.), § 5; 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 7, eff. April 27, 1984; 1987, No. 67, § 7; 1991, No. 81, § 2; 1997, No. 161 (Adj. Sess.), § 9, eff. Jan. 1, 1998; 2001, No. 94 (Adj. Sess.), § 2; 2003, No. 115 (Adj. Sess.), § 20, eff. Jan. 31, 2005.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 41 - Regulation of Stream Flow › § 1025. Penalty

§ 1025. Penalty
(a) A prosecution under this subsection may be commenced in the Superior Court of the county in which the alleged violation occurred. A person who violates a provision of this subchapter may be fined not more than $10,000.00. Each violation may be a separate offense upon commission. In the case of a continuing violation, each day’s continuance thereof may be deemed a separate offense, starting from the day the violator is served with notice of the violation. The service shall be by hand or by certified mail, return receipt requested.
(b) For a violation of this subchapter, the Secretary may order restoration, and the responsible party or parties will bear the cost of restoration. Restoration will be under the supervision of the Secretary and will be deemed satisfactory only after receiving the approval of the Secretary. (Added 1965, No. 111, § 5, eff. June 22, 1965; amended 1969, No. 281 (Adj. Sess.), § 9; 1975, No. 150 (Adj. Sess.), § 6; 1981, No. 222 (Adj. Sess.), § 24; 1987, No. 67, § 8.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 41 - Regulation of Stream Flow › § 1027. Rulemaking; emergency permit

§ 1027. Rulemaking; emergency permit
(a) The Secretary may adopt rules to implement the requirements of this subchapter.
(b) The Secretary shall adopt rules regarding the permitting of stream alteration activities under this subchapter during a state of emergency declared under 20 V.S.A. chapter 1 or during flooding or other emergency conditions that pose an imminent risk to life or a risk of damage to public or private property. Any rule adopted under this subsection shall comply with National Flood Insurance Program requirements. A rule adopted under this subsection shall include a requirement that an activity receive an individual stream alteration emergency permit or receive coverage under a general stream alteration emergency permit.
(1) A rule adopted under this subsection shall establish:
(A) criteria for coverage under an individual permit and criteria for coverage under a general emergency permit;
(B) criteria for different categories of activities covered under a general emergency permit, including emergency protective measures under subsection 1021(b) of this title;
(C) requirements for public notification of permitted activities, including notification after initiation or completion of a permitted activity;
(D) requirements for coordination with State and municipal authorities; and
(E) requirements that the Secretary document permitted activity, including, at a minimum, requirements for documenting permit terms, documenting permit duration, and documenting the nature of an activity when the rules authorize notification of the Secretary after initiation or completion of the activity.
(2) A rule adopted under this section may:
(A) establish reporting requirements for categories of activities;
(B) authorize an activity that does not require reporting to the Secretary; or
(C) authorize an activity that requires reporting to the Secretary after initiation or completion of an activity. (Added 2011, No. 138 (Adj. Sess.), § 5, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 41 - Regulation of Stream Flow › § 1031. Policy on water withdrawal for snowmaking

§ 1031. Policy on water withdrawal for snowmaking
(a) This subchapter is intended to establish a policy for snowmaking that supports and is consistent with section 1001 of this title and with chapter 47 of this title, including the water quality standards.
(b) This policy established under this subchapter is to:
(1) assure the protection, maintenance, and restoration of the chemical, physical, and biological water quality, including water quantity, necessary to sustain aquatic communities and stream functions;
(2) help to provide for and enhance the viability of Vermont’s ski industry, which uses certain of the State’s waters for snowmaking;
(3) permit water withdrawals, diversions, impoundments, and the construction of appurtenant facilities for snowmaking, based on an analysis of the need for water and a consideration of alternatives, consistent with this policy and other applicable laws and rules;
(4) recognize that existing users of the State’s waters for snowmaking, which may have an adverse effect on water quality, should have time and opportunity to improve water quality. (Added 1995, No. 15, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 41 - Regulation of Stream Flow › § 1032. Rulemaking on snowmaking withdrawals

§ 1032. Rulemaking on snowmaking withdrawals
The Secretary shall adopt rules to determine conservation flow standards for snowmaking, to be used in relevant Agency of Natural Resources regulatory processes governing water withdrawals, diversions, impoundments, and the construction of appurtenant facilities, and to be used in developing positions to be asserted by the Agency in other State regulatory processes governing conservation flows for snowmaking. These rules shall not supersede water quality standards adopted by the Secretary pursuant to chapter 47 of this title. These rules shall achieve the purposes of this subchapter, and shall provide for the periodic review of any decision issued under the rules. All existing water withdrawals, diversions, and impoundments for snowmaking that are permitted at instream flows below the standards shall be reviewed by July 1, 2000. (Added 1995, No. 15, § 1; amended 2003, No. 115 (Adj. Sess.), § 21, eff. Jan. 31, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)