Wetlands Determinations and Protection

V.S.A. tit. 10, ch. 37, subch. 4

in effect

10 V.S.A. § 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.

10 V.S.A. § 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 (d) [Repealed.]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.

10 V.S.A. § 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.

10 V.S.A. § 916 Update of Vermont Significant Wetlands Inventory maps

916. Update of Vermont Significant Wetlands Inventory maps (a) On or before January 1, 2026, and not less than annually thereafter, the Agency of Natural Resources shall update the Vermont Significant Wetlands Inventory (VSWI) maps. The annual updates to the VSWI shall include integration of georeferenced shapefiles or similar files for all verified delineations performed within the State and submitted to the Agency of Natural Resources as part of a permit application, as well as a wetlands determination issued under section 914 of this title and rulemaking conducted pursuant to section 915 of this title. The VSWI layer shall include integration of any additional town specific inventories of otherwise unmapped wetlands performed by consultants on the Agency’s Wetland Consultant List if the consultant has presented the map to a municipality or the Agency of Natural Resources. (b) On or before January 1, 2030, the Secretary of Natural Resources shall complete High Quality Wetlands Inventory (NWI) Plus level mapping for all of the tactical basins in the State. The high-quality mapping shall include a ground truthing component, as recommended by the U.S. Fish and Wildlife Service (USFWS). Once all tactical basins are mapped, the Agency shall evaluate the need for NWI Plus level map updates on a five-year cycle, simultaneously with updates to the corresponding tactical basin plan. Added 2009, No. 31, § 5; amended 2023, No. 121 (Adj. Sess.), § 14, eff. July 1, 2024.

10 V.S.A. § 917 Appeals

917. Appeals Any act or decision of the Secretary under this subchapter may be appealed in accordance with chapter 220 of this title. Added 2009, No. 31, § 5.

10 V.S.A. § 918 Net gain of wetlands; State goal; rulemaking

918. Net gain of wetlands; State goal; rulemaking (a) On or before July 1, 2025, the Secretary of Natural Resources shall amend the Vermont Wetlands Rules pursuant to 3 V.S.A. chapter 25 to clarify that the goal of wetlands regulation and management in the State is the net gain of wetlands to be achieved through protection of existing wetlands and restoration of wetlands that were previously adversely affected. This condition shall not apply to wetland, river, and flood plain restoration projects, including dam removals. (b) The Vermont Wetlands Rules shall prioritize the protection of existing intact wetlands from adverse effects. Where a permitted activity in a wetland will cause more than 5,000 square feet of adverse effects that cannot be avoided, the Secretary shall mandate that the permit applicant restore, enhance, or create wetlands or buffers to compensate for the adverse effects on a wetland. The amount of wetlands to be restored, enhanced, or created shall be calculated, at a minimum, by determining the acreage or square footage of wetlands permanently drained or filled as a result of the permitted activity and multiplying that acreage or square footage by two, to result in a ratio of 2:1 restoration to wetland loss. Establishment of a buffer zone contiguous to a wetland shall not substitute for the restoration, enhancement, or creation of wetlands. Adverse impacts to wetland buffers shall be compensated for based on the effects of the impact on wetland function. (c) At a minimum, the Wetlands Rules shall be revised to: (1) Require an applicant for a wetland permit that authorizes adverse impacts to more than 5,000 square feet of wetlands to compensate for those impacts through restoration, enhancement, or creation of wetland resources. (2) Incorporate the net gain rule into requirements for permits issued after September 1, 2025. (3) Establish a set of parameters and restoration ratios applicable to permittee-designed restored wetland restoration projects, including a minimum 2:1 ratio of restoration to loss to compensate for permanently filled or drained wetlands. These parameters shall include consideration of the following factors: (A) the existing level of wetland function at the site prior to mitigation or restoration of wetlands; (B) the amount of wetland acreage and wetland function lost as a result of the project; (C) how the wetland acreage and functions will be restored at the proposed compensation site; (D) the length of time before the compensation site will be fully functional; (E) the risk that the compensation project may not succeed; (F) the differences in the location of the adversely affected wetland and the wetland subject to compensation that affect the services and values offered; and (G) the requirement that permittees conduct five years of post- restoration monitoring for the restored wetlands, at which time the Agency can decide if further action is needed. (d) When amending the Vermont Wetlands Rules under this section, the Secretary shall establish a Vermont in-lieu fee (ILF) compensation program for wetlands impacts that may be authorized as compensation for an adverse effect on a wetland when the permittee cannot achieve restoration. The Secretary may implement a Vermont ILF compensation program through agreements with third-party entities such as the U.S. Army Corps of Engineers or environmental organizations, provided that any ILF monetary compensation authorized under the rules shall be expended on restoration, reestablishment, enhancement, or conservation projects within the State at the HUC 8 level of the adversely affected wetland when practicable. Added 2023, No. 121 (Adj. Sess.), § 15, eff. July 1, 2024.

10 V.S.A. § 919 Wetlands program reports

919. Wetlands program reports (a) On or before April 30, 2025, and annually thereafter, the Secretary of Natural Resources shall submit to the House Committee on Environment and to the Senate Committee on Natural Resources and Energy a report on annual losses and gains of significant wetlands in the State. The report shall include: (1) the location and acreage of Class II wetland and buffer losses permitted by the Agency in accordance with section 913 of this title, for which construction of the permitted project has commenced; (2) the acreage of Class II wetlands and buffers gained through permit-related enhancement and restoration; (3) the number of site visits and technical assistance calls conducted by the Agency of Natural Resources, the number of permits processed by the Agency, and any enforcement actions that were taken by the Agency or the Office of the Attorney General in the previous year for violations of this chapter; and (4) an updated mitigation summary of the extent of wetlands restored on-site compared with compensation performed off-site, in-lieu fees paid, or conservation. (b) On or before April 30, 2027, and every five years thereafter, the Agency of Natural Resources shall submit to the House Committee on Environment and to the Senate Committee on Natural Resources and Energy a comprehensive report on the status of wetlands in the State. The report shall include: (1) an analysis of historical trends of wetlands, including data analyzing the projects for which wetland permits were issued by county and tactical basin; (2) the results of each NWI Plus Mapping Project, including net acres mapped, dominant vegetative composition, connected tributaries, locations of confirmed ground truthing, if applicable, and any other hydrologic soil or vegetative observations or trends noted; and (3) relevant updates related to Class I and Class II wetlands to include additional wetlands identified under these categories, their composition and general characteristics, potential threats, patterns of use, and other unique features. Added 2023, No. 121 (Adj. Sess.), § 15, eff. July 1, 2024.

10 V.S.A. § 920 [Reserved.]

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/10/037Fetched: 10/21/2026