General Provisions

V.S.A. tit. 10, ch. 83, subch. 1

in effect

10 V.S.A. § 2600 Findings

2600. Findings The General Assembly finds that: (1) Private and public forestlands: (A) constitute unique and irreplaceable resources, benefits, and values of statewide importance; (B) contribute to the protection and conservation of wildlife habitat, air, water, and soil resources of the State; (C) mitigate the effects of climate change; and (D) benefit the general health and welfare of the people of the State. (2) The forest products industry, including maple sap collection: (A) is a major contributor to and is valuable to the State’s economy by providing jobs to its citizens; (B) is essential to the manufacture of forest products that are used and enjoyed by the people of the State; and (C) benefits the general welfare of the people of the State. (3) Private and public forestlands are critical for and contribute significantly to the State’s outdoor recreation and tourism economies. (4) Forestry operations are adversely affected by the encroachment of urban, commercial, and residential land uses throughout the State that result in forest fragmentation and conversion and erode the health and sustainability of remaining forests. (5) As a result of encroachment on forests, conflicts have arisen between traditional forestry land uses, and urban, commercial, and residential land uses convert forestland permanently to other uses, resulting in an adverse impact to the economy and natural environment of the State. (6) The encouragement, development, improvement, and preservation of forestry operations will result in a general benefit to the health and welfare of the people of the State and the State’s economy. (7) The forest products industry, in order to survive, likely will need to change, adopt new technologies, and diversify into new products. Added 2015, No. 171 (Adj. Sess.), § 1.

10 V.S.A. § 2601 Policy and purposes

2601. Policy and purposes (a) The conservation of the forests, timberlands, woodlands, and soil and recreational resources of the State are hereby declared to be in the public interest. It is the policy of the State to encourage economic management of its forests and woodlands, to sustain long-term forest health, integrity, and productivity, to maintain, conserve, and improve its soil resources, and to control forest pests to the end that forest benefits, including maple sugar production, are preserved for its people, floods and soil erosion are alleviated, hazards of forest fires are lessened, its natural beauty is preserved, its wildlife is protected, the development of its recreational interests is encouraged, the fertility and productivity of its soil are maintained, the impairment of its dams and reservoirs is prevented, its tax base is protected, and the health, safety, and general welfare of its people are sustained and promoted. (b) The Department shall implement the policies of this chapter by assisting forestland owners and lumber operators in the cutting and marketing of forest growth, encouraging cooperation between forest owners, lumber operators, and the State of Vermont in the practice of conservation and management of forestlands, managing, promoting, and protecting the multiple use of publicly owned forestlands and park lands; planning, constructing, developing, operating, and maintaining the system of State parks; determining the necessity of repairs and replacements to all Department-owned buildings and causing urgent repairs and replacements to be accomplished, with the approval of the Secretary of Administration, if within the limits of specific appropriations or if approved by the Emergency Board; and providing advice and assistance to municipalities, other political subdivisions, State departments, and nongovernmental organizations in the development of wholesome and adequate community or institutional recreation programs. (c) The Commissioner shall implement the policy established under this section when construing the provisions of this chapter related to the management of forestlands and the construction of chapters 85 and 87 of this title. Added 1977, No. 253 (Adj. Sess.), § 1; amended 1993, No. 233 (Adj. Sess.), § 44, eff. June 21, 1994; 2015, No. 171 (Adj. Sess.), § 2.

10 V.S.A. § 2602 Definitions

2602. Definitions As used in this chapter: (1) “Agency” means the Agency of Natural Resources as created by 3 V.S.A. chapter 51. (2) “Department” means the Department of Forests, Parks and Recreation within the Agency of Natural Resources. (3) “Commissioner” means the Commissioner of Forests, Parks and Recreation. (4) “Secretary” means the Secretary of Natural Resources. (5) “Forest product” mean logs; pulpwood; veneer; bolt wood; wood chips; stud wood; poles; pilings; biomass; fuel wood; maple sap; or bark. (6) “Forestry operation” means activities related to the management of forests, including a timber harvest; pruning; planting; reforestation; pest, disease, and invasive species control; wildlife habitat management; and fertilization. “Forestry operation” includes the primary processing of forest products of commercial value on a parcel where the timber harvest occurs. (7) “Timber” means trees, saplings, seedlings, bushes, shrubs, and sprouts from which trees may grow, of every size, nature, kind, and description. (8) “Timber harvest” means a forestry operation involving the harvest of timber. Added 1977, No. 253 (Adj. Sess.), § 1; amended 1987, No. 76, § 18; 2015, No. 171 (Adj. Sess.), § 3.

10 V.S.A. § 2603 Powers and duties: Commissioner

2603. Powers and duties: Commissioner (a) The Department shall be under the direction and supervision of a Commissioner appointed by the Secretary as provided in 3 V.S.A. § 2851. In addition to the duties and powers provided under this chapter, the Commissioner shall have the powers and duties specified in 3 V.S.A. § 2852 and such additional duties as may be assigned to the Commissioner by the Secretary under 3 V.S.A. § 2853. The Commissioner shall implement the policy and purposes specified in section 2601 of this title where appropriate and to the extent that resources of the Department permit. (b) The Commissioner shall manage and plan for the use of publicly owned forests and park lands in order to implement the policy and purposes of this chapter; promote and protect the natural, productive, and recreational values of such lands; and provide for multiple uses of the lands in the public interest. The Commissioner may sell forest products and other resources on public lands and shall administer the State park system and a community recreation program as is in the best interests of the State and is consistent with the purposes and policies of this chapter. (c)(1) The Commissioner, subject to the direction and approval of the Secretary, shall adopt and publish rules in the name of the Agency for the use of State forests, or park lands, including reasonable fees or charges for the use of the lands, roads, camping sites, buildings, and other facilities and for the harvesting of timber or removal of minerals or other resources from such lands, notwithstanding 32 V.S.A. § 603. (2) The Commissioner of Forests, Parks and Recreation shall be permitted to temporarily (not to exceed one season per project) adjust fees and charges at any area for the purpose of bona fide scientific research. (3) Notwithstanding subdivision (1) of this subsection, the Commissioner of Forests, Parks and Recreation shall be permitted to develop State park services, promotional programs, and vacation or special event packages and adjust rates and fees for those services and packages to promote the park system or increase campground occupancy. (4) Fees charged under this section shall be reported in accordance with 32 V.S.A. § 605. (d) The Commissioner or designee shall be the State Forest Fire Warden and may act as, and in place of, the town forest fire warden of any municipality, unorganized town, or gore as provided under subchapter 4 of this chapter. The Commissioner or designee, as State Forest Fire Warden, shall have the authority to: (1) exercise the authority and duties of a town forest fire warden as set forth in subchapter 4 of this chapter; (2) appoint special forest fire wardens and delegate the authority of the State Forest Fire Warden to the special forest fire wardens; (3) take command and control of a forest fire in any municipality or unorganized town or gore in the State when, in the State Forest Fire Warden’s determination, it is necessary to do so, or when resources are needed in addition to local resources, and act as incident commander over all other fire officials; (4) delegate the authority to act as incident commander of a forest fire to another person or entity; (5) serve on the Northeastern Forest Fire Protection Commission or designate an appropriate Department representative to serve in the Commissioner’s place, pursuant to section 2503 of this title, and exercise all related authority; (6) enter into mutual aid compact agreements as set forth in section 2462 of this title; and (7) issue a ban on kindling fires on lands owned by the Agency of Natural Resources when necessary. (e) The provisions of this section shall not be construed to allow the Commissioner to grant oil and gas leases. (f) Associations of amateur radio operators licensed as such by the U.S. Federal Communications Commission shall not be required to pay a fee or other charge as provided by subsection (c) of this section, as a condition of either a lease or a sublease of State property executed under this title, for access to mountaintop electronic sites designated as such in conformance with policy of the Secretary of Natural Resources, except that each such association shall by January 1 annually pay a $ 25.00 access fee and submit to the Commissioner at that time a list of the association’s current membership. (g) The Department of Environmental Conservation Facilities Engineering Section: (1) may execute and consult on design for the Department of Forests, Parks and Recreation; (2) shall provide professional engineering services for compliance with environmental operating permits; and (3) shall be the custodian of all plans of record for work executed by the Department of Forests, Parks and Recreation, regardless of the source and designer of record. (h) All interest accrued from bonds deposited in the Agency Fund and forfeited bonds in the Agency Fund for the Department of Forests, Parks and Recreation’s timber management program may be transferred annually by the Commissioner, with the approval of the Commissioner of Finance and Management, to the Natural Resources Management Fund. Added 1977, No. 253 (Adj. Sess.), § 1; amended 1981, No. 240 (Adj. Sess.), § 3, eff. April 28, 1982; 1991, No. 83; 1999, No. 49, § 157; 2001, No. 149 (Adj. Sess.), § 89, eff. June 27, 2002; 2009, No. 146 (Adj. Sess.), § B14; 2011, No. 63, § E.704.1; 2015, No. 23, § 99; 2023, No. 162 (Adj. Sess.), § 12, eff. June 6, 2024; 2025, No. 162 (Adj. Sess.), § 7, eff. July 1, 2026.

10 V.S.A. § 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.

10 V.S.A. § 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.

10 V.S.A. § 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).

10 V.S.A. § 2606b License of forestlands for maple sugar production

2606b. License of forestlands for maple sugar production (a) The General Assembly finds and declares that: (1) Maple sugaring is an important cultural tradition of Vermont life that should be maintained and encouraged. (2) Maple sugaring is an important component of the agricultural and forest products economy in Vermont and is increasingly necessary for farmers that must diversify in order to continue to farm in Vermont. (3) Maple sugaring is a sustainable use of forestland. (4) State forestland should be managed and used for multiple uses, including maple sugar production. (b) It is hereby adopted as State policy to permit limited use of designated State-owned land under the jurisdiction of the Department for maple sugar production. (c) Pursuant to guidelines developed by the Department of Forests, Parks and Recreation, in consultation with the Vermont Maple Sugar Makers’ Association, the Department may issue licenses for the use of State forestland for the tapping of maple trees, the collection of maple sap, and the transportation of such sap to a processing site located off State forestland or to sites located on State forestland if approved by the Commissioner. All tapping of maple trees authorized under a license shall be conducted according to the guidelines for tapping maple trees established by the Department of Forests, Parks and Recreation, in consultation with the Vermont Maple Sugar Makers’ Association. Each person awarded a license under this section shall maintain and repair any road, water crossing, or work area according to requirements set by the Department in the license. Each license shall include such additional terms and conditions set by the Department as may be necessary to preserve forest health and to ensure compliance with the requirements of this chapter and applicable rules. A license shall be issued for a fixed term not to exceed five years and shall be renewable for two five-year terms subsequent to the initial license. Subsequent renewals shall be allowed where agreed upon by the Department and the licensee. The Department shall have power to terminate or modify a license for cause, including damage to forest health. (d) The Commissioner may adopt rules to implement the requirements of this section. (e) There is hereby established the Maple Advisory Board to provide the Commissioner of Forests, Parks and Recreation with guidance on licensing of State forestland for maple sugar production, including identification of potential sites on State lands for licensure. The Board shall be composed of: (1) Three employees of the Department of Forests, Parks and Recreation, appointed by the Commissioner. (2) Three sugar makers, at least one of which is an independent sugar maker unaffiliated with an association, appointed by the Secretary of Agriculture, Food and Markets. (3) One member of the Vermont Forest Products Association designated by the Association. (4) One member of either the University of Vermont Proctor Maple Research Center or the University of Vermont Agricultural Extension Service, appointed by the Commissioner. (f) A per tap license charge shall be imposed on the taps installed in the license area. The Commissioner shall establish this per tap license charge at a reasonable rate that reflects current market rates. Charges collected under this section shall be deposited in the Lands and Facilities Trust Fund established under 3 V.S.A. § 2807. (g) [Repealed.] Added 2009, No. 21, § 1; amended 2015, No. 171 (Adj. Sess.), § 9.

10 V.S.A. § 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.

10 V.S.A. § 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.

10 V.S.A. § 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.

10 V.S.A. § 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 Committee on Energy and Digital Infrastructure containing an itemization of the income generated through the end of the previous fiscal year from the use of sites for communication purposes. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section. 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; 2025, No. 157 (Adj. Sess.), § 21, eff. July 1, 2026.

10 V.S.A. § 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.

10 V.S.A. § 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.

10 V.S.A. § 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.

10 V.S.A. § 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.

10 V.S.A. § 2614 Mollie Beattie Distinguished Service Award

2614. Mollie Beattie Distinguished Service Award In commemoration of the centennial of the Vermont State Parks in the Department of Forests, Parks and Recreation and in honor of the conservation and public land accessibility values of the late former Commissioner of Forests, Parks and Recreation, Mollie Beattie, there is created the Mollie Beattie Distinguished Service Award. Annually, the Commissioner of Forests, Parks and Recreation shall present this award to either a current or former State employee or partner whose contributions honor the legacy of Mollie Beattie in advancing the conservation, accessibility, quality of recreational experience, or sustainability of Vermont’s public lands. Added 2025, No. 36, § 1, eff. July 1, 2025.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/10/083Fetched: 10/21/2026