Act No. 138 (S.202). Conservation and land development; water resources; flood hazard areas; stream alteration

An act relating to regulation of flood hazard areas, river corridors, and stream alteration

This act authorizes the agency of natural resources (ANR) to adopt by March 15, 2014 rules for the regulation in flood hazard areas of uses exempt from municipal land use regulation. Adoption of the rules is intended to bring the state and participating municipalities into compliance with the Federal Emergency Management Agency's (FEMA's) national flood insurance program (NFIP). Beginning July 1, 2014, uses that are exempt from municipal land use regulations shall need an ANR permit if the use occurs in a flood hazard area of a NFIP town. ANR may delegate to other state agencies permitting and enforcement of the flood hazard area rules. The act makes conforming amendment to municipal zoning authority to aid in state compliance with NFIP program. Prior to ANR adoption of flood hazard area rules for uses exempt from municipal land use regulation, the act provides that certain new facilities or activities shall be allowed in a flood hazard area only if they conform with FEMA's NFIP development requirements.

The act clarifies ANR's authority over stream alteration. The act defines instream material for purposes of stream alteration. The act requires ANR to permit construction of a berm in a river corridor or flood hazard area, unless the berm is an emergency measure. ANR is authorized to adopt rules to implement stream alteration requirements, and ANR is required to adopt rules regarding stream alteration during emergencies. ANR is authorized to adopt rules regarding stormwater management during emergencies.

The act requires ANR to assess the geomorphic condition and sensitivity of rivers and identify those that pose a probable risk of harm to life, property, or infrastructure. ANR shall map rivers based on river sensitivity assessments. Upon completion of a river sensitivity assessment, ANR shall provide a map of the river to the municipalities and regional planning commission in which the river is located. The map shall identify floodplains, river corridor areas, and FEMA zones, and shall recommend best management practices, such as vegetated buffers. ANR's maps and recommendations are for municipal reference and have no regulatory effect.

The act requires ANR to report to the general assembly with recommendations on how to remediate and fund remediation of the water quality of state surface waters. The act transfers rulemaking authority for water quality, wetlands, use of surface waters, classification of waters, surface levels, and lakes management from the water resources panel to ANR. ANR is directed to conduct a public participation process with stakeholders prior to rulemaking. The act clarifies that Vermont housing and conservation board funding is available for multiple conservation purposes, including surface water protection. The act amends the definition of "municipality" under the state revolving loan fund to clarify that statewide or regional utilities are eligible for awards from the fund. The act requires that sludge or septage be land applied according to a nutrient management plan. Due to the pending resissuance of the Lake Champlain total maximum daily load plan (TMDL), the act amends requirements that ANR revise and report on implementation of TMDL. The act requires the department of public safety to develop educational materials regarding the treatment of propane and fuel tanks during emergencies.

Multiple effective dates, beginning May 14, 2012