Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 020 - DEPARTMENT OF FORESTS, PARKS AND RECREATION › Chapter 010 - ACCEPTABLE MANAGEMENT PRACTICES FOR MAINTAINING WATER QUALITY ON LOGGING JOBS IN VERMONT › Section 12 020 010 - ACCEPTABLE MANAGEMENT PRACTICES FOR MAINTAINING WATER QUALITY ON LOGGING JOBS IN VERMONT

Current through June, 2024
Section 1 Introduction
The "Acceptable Management Practices for Maintaining Water
				  Quality on Logging Jobs in Vermont" ("AMPs") were first adopted on August 15,
				  1987 under the authority of Chapter 47 of Title 10 of the Vermont Statutes
				  Annotated, Water Pollution Control (
				  10 V.S.A. §
											1251a and
				  1259(f)
				  ). See Code of Vermont Rules 12 020 010. The initial adopted rule provided that
				  "the AMPs are the proper method for the control and dispersal of water
				  collecting on logging roads, skid trails and log landings to minimize erosion
				  and reduce sediment and temperature changes in streams."
Act No. 64 of the Acts of 2015 amended
				  10
				  V.S.A. §
											2622 to require the
				  Commissioner of the Department of Forests, Parks and Recreation to revise by
				  rule the AMPs. 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
				  10 V.S.A. §
											1259.
Pursuant to Section 2-03 B.1 of the Vermont Water Quality
				  Standards, there is a presumption that logging operations that are in
				  compliance with the AMPs are also in compliance with the Vermont Water Quality
				  Standards. However, any presumption provided by the Vermont Water Quality
				  Standards shall be negated when a water quality analysis conducted according to
				  Section 2-01 of the Vermont Water Quality Standards demonstrates that there is
				  a violation of the Vermont Water Quality Standards.
Additionally, logging operations that are in compliance with
				  the AMPs are exempt from the discharge permit requirements in accordance with
				  10 V.S.A. §
											1259(f), the stream
				  alteration permit requirements pursuant to
				  10 V.S.A §
											1021(f), and the stormwater
				  permit requirements pursuant to
				  10
				  V.S.A. §
											1264(d)(1)(C).
				  Logging operations for the purposes of sustained forest management in
				  compliance with the AMP's are also exempt from permit requirements pursuant to
				  10 V.S.A. §
											913(a) and Sections 6.01 --
				  6.05 of the Vermont Wetland Rules.
Section 2 Policy and Purpose
The purpose of the AMPs 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
				  10 V.S.A. §
											1259.
Section 3 Authority
This rule is adopted pursuant to
				  10
				  V.S.A. §
											2622(a) and
				  (b),
				  10 V.S.A. § 1259,
				  3
				  V.S.A. § 801 and
				  3
				  V.S.A. § 2853.
Section
				4 Applicability
The AMPs apply to all logging operations on public and
				  private lands in Vermont regardless of the purpose of the logging. For example,
				  logging may be conducted for forest management purposes or logging may be
				  conducted for the purpose of clearing land for some other type of land use,
				  such as commercial, residential or utility development.
Section 5 Definitions
For the purposes of this Rule, the following terms shall have
				  the specified meaning:
5.1 "Active
				Channel" means the limits of the streambed scour formed by prevailing stream
				discharges, measured perpendicular to streamflow. The active channel is
				narrower than the bankfull width (approximately 75%) and is defined by the
				break in bank slope and typically extends to the edge of permanent
				vegetation.
5.2 Agency" or "ANR"
				means the Vermont Agency of Natural Resources.
5.3 "AMP" or "Acceptable Management Practices
				for Maintaining Water Quality on Logging Jobs in Vermont" means rules adopted
				under the authority of
				10
				V.S.A. §
											2622(a) and
				(b),
				10 V.S.A. § 1259,
				3
				V.S.A. § 801 and
				3
				V.S.A. § 2853.
5.4 "Approaches
				to Stream Crossings" means that length of a truck road or skid trail associated
				with stream crossings that traverse through the forest buffer.
5.5 "At-Grade Ford" means a stream crossing
				on a truck road or, where no appropriate alternative exists, a skid trail, that
				is constructed perpendicular to the stream channel with approaches being
				properly stabilized with clean stone fill, and there is no change in existing
				stream channel cross-section and bed elevation except for minor bank grading at
				the point of the crossing.
5.6
				"Broad-based Dip" means a drainage structure, usually used on truck roads where
				grades are less than or equal to 8 percent, that diverts the surface water
				runoff into a filter area.
5.7
				"Brushed-in Crossing" means a temporary method of crossing intermittent streams
				during logging operations when the ground is frozen. Brushed-in crossings are
				constructed by placing logs in the bottom of the stream channel, parallel to
				the stream channel, and then placing topwood (tree limbs and branches) over the
				logs.
5.8 "Check Dam" means a small
				barrier constructed in a drainage structure, its outlet or in a small gully or
				other watercourse to decrease the water flow velocity, minimize channel scour
				and promote deposition of sediment. A check dam creates a small sediment basin.
				Check dams may be constructed of hay bales or other stable and semi-porous
				material.
5.9 "Continuous Forest
				Cover" means maintaining a minimum of 60 to 70 percent crown cover or B-level
				stocking as recommended in the U.S. Forest Service silvicultural
				guides.
5.10 "Drainage Ditch" means
				a ditch constructed along a truck road, skid trail or log landing to collect
				the surface water runoff and divert it into a filter area.
5.11 "Drainage Structure" means a device,
				structure or method that diverts the surface water runoff from an impervious
				surface such as a truck road, skid trail or log landing into a drainage ditch
				or filter area.
5.12 "Filter Area"
				means a vegetated area where surface water runoff is diverted and dispersed so
				that sediment and other pollutants are trapped and retained. A filter area can
				include or be within a forest buffer.
5.13 "Forest Buffer" means an area of
				forested land adjacent to streams and other waters where forest management
				practices are modified to protect water quality. The width of the forest buffer
				shall be in accordance with Table 4.
5.14 "Forest Canopy" means a layer or
				multiple layers of branches and foliage at the top or crown of a forest's
				trees.
5.15 "Gully Erosion" means a
				form of soil erosion where gullies of six inches deep or more are created by
				surface water runoff.
5.16
				"Hazardous Material" means any material determined by the Secretary to have an
				unusually harmful effect on water quality if discharged to the waters of the
				state. Hazardous substances associated with logging operations include but are
				not limited to petroleum products, solvents and coolants.
5.17 "Intermittent Stream" means a stream
				with a well-defined channel, evidence of sediment transport and which regularly
				experiences periodic interruption of surface flow throughout its
				length.
5.18 "Log Landing" means a
				place where trees and logs are gathered and sorted in or near the forest during
				a logging operation for further processing and transport to a mill or log yard
				facility.
5.19 "Logging Equipment"
				means equipment, implements, accessories, and contrivances used directly and
				principally in the cutting or removal of timber or other solid wood forest
				products. Logging equipment also includes equipment used to construct, maintain
				or install infrastructure necessary to and associated with the logging
				operation.
5.20 "Logging Slash"
				means any residual tree material, whole or part, including leaves, needles,
				bark, wood and root tissue, that is created as a result of a logging
				operation.
5.21 "Ordinary
				High-Water Mark" means that line on the shore established by the fluctuations
				of water and indicated by physical characteristics such as a clear, natural
				line impressed on the bank, shelving, changes in the character of soil,
				destruction of terrestrial vegetation, or the presence of litter and
				debris.
5.22 "Percent Grade/Percent
				Slope" means a measurement of incline or decline expressed as a percentage and
				as determined by dividing the length of vertical rise in elevation by the
				length of horizontal distance. (Example: A 6% grade would be a 6-foot vertical
				rise per 100 feet of horizontal distance: 6 + 100 =.06 or 6%)
5.23 "Perennial Stream" means a watercourse
				or portion, segment or reach of a watercourse, generally exceeding 0.25 square
				miles in watershed size, in which surface flows are not frequently or
				consistently interrupted during normal seasonal low flow periods. Perennial
				streams that begin flowing subsurface during low flow periods, due to natural
				geologic conditions, remain defined as perennial. All other streams, or stream
				segments of significant length, shall be termed intermittent. A perennial
				stream shall not include the standing waters in wetlands, lakes, and
				ponds.
5.24 "Permanent Stream
				Crossing" means a bridge, culvert or at grade ford that is left in place after
				logging is completed.
5.25
				"Permanent Truck Road" means a road that remains in place at the conclusion of
				a logging operation for continued long term access and is designed for
				year-round use.
5.26 "Person" means
				any landowner, logger, individual, partnership, company, corporation,
				association, joint venture, trust, municipality, the state of Vermont or any
				agency, department, or subdivision of the state, any federal agency, or any
				other legal or commercial entity.
5.27 "Pole Ford" means a temporary method of
				crossing intermittent or perennial streams using logs placed in and parallel to
				the stream channel.
5.28 "Rut"
				means a depression in the soils of the forest floor or depressions in dirt
				roads or skid trails made from the passage of any vehicles or logging
				equipment.
5.29 "Secretary" means
				the Secretary of the Agency of Natural Resources or the Secretary's authorized
				representative.
5.30 "Sediment"
				means soil that has been eroded from the land surface and is transported and
				deposited in streams or waters.
5.31 "Silt Barrier" means a temporary
				sediment control device used to intercept and filter sediment from the surface
				water runoff to protect water quality in nearby streams and other waters. Silt
				Barriers include but are not limited to silt fence, compost filter socks, and
				filter berms.
5.32 "Skid Trail"
				means a cleared trail that is used by logging equipment during a logging
				operation to transport harvested trees and logs to a log landing.
5.33 "Stable condition" shall mean when a
				site is no longer eroding, and all AMPs are in place.
The likelihood of erosion recurring is negligible.
5.34 "Stream" means the full
				length and width, including the bed and banks, of any watercourse, including
				rivers, streams (intermittent and perennial streams), creeks, brooks, and
				branches. "Stream" does not include ditches or other constructed channels
				primarily associated with land drainage or water conveyance through or around
				private or public infrastructure.
5.35 "Stream Channel" means an area that
				contains continuously or periodic flowing water that is confined by banks and a
				streambed.
5.36 "Streambank" means
				the portion of a stream channel that restricts lateral movement of water at
				normal water levels.
5.37 "Surface
				Water Runoff" means precipitation and snowmelt that does not infiltrate into
				the soil, including material dissolved or suspended in it.
5.38 "Temporary Stream Crossing Structure"
				means a bridge, culvert, pole ford or brushed-in crossing that is temporarily
				installed in or over a stream channel. Temporary stream crossing structures
				shall be removed after logging is completed as soon as ground conditions are
				stable or as specified in AMP 6.5.3, 6.5.4 and 6.6.1.
5.39 "Temporary Truck Road" means a
				minimum-standard road designed for short-term use to access a logging
				operation. Temporary roads must be closed out at the conclusion of
				logging.
5.40 "Top-of-bank" means
				the location up-slope from the scoured channel of a stream, or shoreline of
				other waters, where an abrupt change of slope occurs.
5.41 "Truck Road" means a road that connects
				a log landing to a public road system. A "truck road" may be designed,
				constructed and maintained to provide either permanent or temporary
				access.
5.42 "Turn-up" means a
				method of construction of a downhill skid trail that diverts the surface water
				runoff from ditches and road or trail surfaces into a filter area by turning
				the skid trail up the hill a short distance then turning downhill
				again.
5.43 "Waterbar" means a type
				of drainage structure constructed across the width of a skid trail or truck
				road that diverts the surface water runoff from ditches and road or trail
				surfaces into a filter area.
5.44
				"Waters" shall include all rivers, streams, creeks, brooks, reservoirs, ponds,
				lakes, springs and all bodies of surface waters, artificial or natural, which
				are contained within, flow through or border upon the state or any portion
				thereof.