Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 030 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter 022 - CHAPTER 27 - STREAM ALTERATION RULE › Section 12 030 022 - CHAPTER 27 - STREAM ALTERATION RULE

Current through June, 2024
SUBCHAPTER 1 PURPOSE; POLICY; AUTHORITY;
				ENFORCEMENT
101 Purpose
The purpose of this Rule is to clarify how the Agency shall
				  manage stream alterations during emergencies and otherwise.
102 Policy
(a) Streams move by nature, changing in
				elevation, shape, and lateral location over time. Stream change occurs through
				natural stream processes primarily during high runoff events when deeper water
				has the power to erode and deposit the bed and banks of a stream. Natural
				changes generally do not have a damaging effect on fish life or wildlife
				populations. Aquatic and wildlife communities adapt and thrive in changeable
				streams due in part to the hydrologic and hydraulic processes that balance and
				evenly distribute stream bed erosion and deposition to form complex stream
				habitats. The unique dynamic equilibrium condition of each stream embodies both
				the changeability of stream location and the natural stability of general
				stream forms and processes.
It is the policy of the State to promote and protect the
				  natural maintenance and natural restoration of dynamic equilibrium conditions
				  and to minimize fluvial erosion hazards (
				  10 V.S.A. §§
													1021 and
				  1022
				  ). The Agency assesses the geomorphic condition and sensitivity of streams and
				  rivers and delineates the corridor necessary to accommodate dynamic
				  equilibrium, naturally stable conditions, and the natural stream processes that
				  would occur in a given location.
(b) Properties within river corridors are
				highly vulnerable to fluvial erosion hazards. Stream alterations implemented to
				protect these properties may affect the balance of stream processes and the
				distribution of erosion and deposition elsewhere along the corridor (i.e.,
				alterations to stop erosion in one place may increase erosion in another
				place). Stream alterations that change the course, current, or cross-section of
				a stream and that cause the stream to significantly depart from or further
				depart from its equilibrium condition, or that alter the connectivity of the
				stream in its vertical and horizontal dimensions, increase risks to aquatic
				life, riparian property, and public safety.
(c) Many of Vermont's cities, towns,
				villages, highways, and other critical infrastructure have been built next to
				streams, and are therefore vulnerable to flooding and erosion. The State
				recognizes that particular stream reaches must be managed in a non-equilibrium
				condition to protect pre-existing improved property.
Threats to life, public health, and safety or the threat of
				  severe damage to existing improved property are emergencies and may justify
				  stream alterations that may impede the attainment and maintenance of
				  equilibrium conditions and may potentially result in or significantly
				  contribute to damage to fish life, wildlife, or the rights of riparian owners.
				  This Rule acknowledges the tension in some circumstances between threats to
				  life and existing property and the policy of establishing and maintaining
				  stream equilibrium conditions and connectivity to protect fish and aquatic
				  life.
(d) Streams create a
				tremendous amount of power, sediment, and debris during floods and damaging
				floods may become more frequent because of climate change. It is essential that
				the State regulate stream alterations to attain and maintain equilibrium
				conditions within stream and river corridors and floodplains upstream and
				downstream of settled areas so streams can overtop their banks and release
				their flood energy and materials in these less-developed areas.
103 Authority
(a) This Rule is adopted by the Vermont
				Agency of Natural Resources pursuant to
				10 V.S.A. §
												1027 and
				10 V.S.A. Chapter 41. This Rule
				applies to stream alterations in both emergency and nonemergency
				circumstances.
(b) Except as
				provided in subpart 27-302 of this Rule, this Rule shall apply to all
				activities that change, alter, or modify the course, current, or cross section
				of a watercourse within Vermont.
104 Enforcement
Violations of this Rule are subject to enforcement under
				  applicable Vermont law, including 10 V.S.A. Chapter 41 and 10 V.S.A. Chapters
				  201 and 211. Failure to comply with the notification requirements of this Rule
				  or to receive authorization for stream alterations and emergency protective
				  measures under a stream alteration general permit ("general permit") or stream
				  alteration individual permit ("individual permit") shall constitute a violation
				  of this Rule.