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Title 3: Executive

Chapter 051: Natural Resources

Subchapter 001: Generally
§ 2801. Definitions

In this chapter the following words mean:

(1) Agency: The Agency of Natural Resources.

(2) Department: A major component of the Agency.

(3) Director: The head of a division or branch of the Agency.

(4) Division: A major component of a department or a technical or administrative support component of the Agency.

(5) Commissioner: The head of a department responsible to the Secretary for the administration of the department.

(6) Secretary: The head of the Agency, a member of the Governor’s Cabinet and responsible to the Governor for the administration of the Agency. (Added 1969, No. 246 (Adj. Sess.), § 1, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 1; 1987, No. 76, § 13.)
§ 2802. Creation of Agency

(a) An Agency of Natural Resources is created consisting of the following:

(1) The Department of Fish and Wildlife.

(2) The Department of Forests, Parks and Recreation.

(A) The Division of Forests.

(B) The Division of Parks.

(C) The Division of Recreation.

(3) [Repealed.]

(4) The Board of Forests, Parks and Recreation.

(5) The Department of Environmental Conservation.

(6) The State Natural Resources Conservation Council.

(7) The Division of Geology and Mineral Resources.

(b) The Natural Resources Board is attached to the Agency for the purpose of receiving administrative support.

(c) The Agency will provide representation on the following compact commissions:

(1) The Interstate Commission on the Lake Champlain Basin.

(2) The New England Interstate Water Pollution Control Commission. (Added 1969, No. 246 (Adj. Sess.), § 2, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 2; 1981, No. 222 (Adj. Sess.), § 1; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1983, No. 193 (Adj. Sess.), § 9, eff. April 27, 1984; 1987, No. 76, § 14; 1989, No. 245 (Adj. Sess.), § 1; 2003, No. 115 (Adj. Sess.), § 3, eff. Jan. 31, 2005.)
§ 2803. Advisory capacity

(a) All boards, committees, councils, activities, and departments which under this chapter are a part of the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of such boards, committees, councils, activities, and departments, including administrative, policy making, rulemaking, and regulatory functions, shall vest in and be exercised by the Secretary of the Agency.

(b) Notwithstanding subsection (a) of this section or any other provision of this chapter, the Fish and Wildlife Board and the Natural Resources Board shall retain and exercise all powers and functions given to them by law which are of regulatory or quasi-judicial nature, including the power to adopt, amend, and repeal rules and regulations, to conduct hearings, to adjudicate controversies, and to issue and enforce orders, in the manner and to the extent to which those powers are given to those respective boards by law.

(c) [Repealed.] (Added 1969, No. 246 (Adj. Sess.), § 3, eff. June 1, 1970; amended 1971, No. 93, § 2, eff. April 22, 1971; 1971, No. 245 (Adj. Sess.), § 4, eff. April 6, 1972; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 2003, No. 115 (Adj. Sess.), § 4, eff. Jan. 31, 2005.)
§ 2804. Personnel designation

The Secretary, Deputy Secretary, commissioners, deputy commissioners, attorneys, and all members of boards, committees, commissions, or councils attached to the Agency for support are exempt from the classified State service. Except as authorized by section 311 of this title or otherwise by laws, all other positions shall be within the classified service. (Added 1969, No. 246 (Adj. Sess.), § 6(b), eff. June 1, 1970; amended 1993, No. 227 (Adj. Sess.), § 12.)
§ 2805. Environmental Permit Fund

(a) There is hereby established a special fund to be known as the Environmental Permit Fund. Within the Fund, there shall be two accounts: the Environmental Permit Account and the Air Pollution Control Account. Unless otherwise specified, fees collected in accordance with subsections 2822(i) and (j) of this title and 10 V.S.A. § 2625 and gifts and appropriations shall be deposited in the Environmental Permit Account. Fees collected in accordance with subsections 2822(j)(1), (k), and (m) of this title shall be deposited in the Air Pollution Control Account. The Environmental Permit Fund shall be used to implement the programs specified under section 2822 of this title. The Secretary of Natural Resources shall be responsible for the Fund and shall account for the revenues and expenditures of the Agency of Natural Resources. The Environmental Permit Fund shall be subject to the provisions of 32 V.S.A. chapter 7, subchapter 5. The Environmental Permit Fund shall be used to cover a portion of the costs of administering the Environmental Division established under 4 V.S.A. chapter 27. The amount of $143,000.00 per fiscal year shall be disbursed for this purpose.

(b) Any fee required to be collected under subdivision 2822(j)(1) of this title shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the operating permit program authorized under 10 V.S.A. chapter 23. Any fee required to be collected under subsection 2822(k) or (m) of this title for air pollution control permits or registrations or motor vehicle registrations shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the programs authorized under 10 V.S.A. chapter 23. Fees collected pursuant to subsections 2822(k) and (m) of this title shall be used by the Secretary to fund activities related to the Secretary’s hazardous or toxic contaminant monitoring programs and motor vehicle-related programs. (Added 1989, No. 279 (Adj. Sess.), § 1, eff. June 30, 1990; amended 1993, No. 92, § 8; 1995, No. 186 (Adj. Sess.), § 19, eff. May 22, 1996; 1997, No. 15, § 2, eff. May 6, 1997; 1997, No. 155 (Adj. Sess.), § 31; 2001, No. 65, § 22; 2003, No. 163 (Adj. Sess.), § 18; 2007, No. 65, § 397, eff. June 4, 2007; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 162 (Adj. Sess.), § E.700; 2015, No. 97 (Adj. Sess.), § 5.)
§ 2806. Barnwell Potential Liability Fund

(a) There is hereby created a Barnwell Potential Liability Fund in the State Treasury. The Fund shall be separately maintained and accounted for by the State Treasurer and administered by the Agency of Natural Resources. Expenditures from the Fund shall be made after obtaining approval of the Attorney General, for the purpose of paying:

(1) any final determinations of liability, or negotiated settlements, on the part of the State or of any agency, subdivision or entity of the State, arising out of activities under any interstate agreement, relating to the Southeast Compact Commission’s regional facility in Barnwell County, South Carolina, ratified, adopted or approved according to the requirements of Sec. 2 of Act No. 296 of the Acts of the 1989 Adjourned Session of the General Assembly, and

(2) any costs of the State or of any agency, subdivision or entity of the State, related to the process of determining liability or the process of arriving at a negotiated settlement.

(b) All interest earned by the Fund shall remain in the Fund and shall not revert to the general Fund.

(c) The Fund shall be in the form of cash sufficient to provide protection to the State in the amount of $50,000.00 in 1994 dollars. The monies shall be provided by no later than January 1, 2012, or six months prior to the time the largest generator ceases to exist, whichever comes first, by the generators of low-level radioactive waste who are authorized to use the Barnwell facility under the contract for access, approved by the General Assembly for the period from January 1, 1993 through June 30, 1994, in proportion to the amounts of waste to be disposed of at the facility during the term of the interstate agreement. If the Secretary determines that the level of protection provided under this section is not adequate, the Secretary shall make appropriate recommendations to the General Assembly. (Added 1993, No. 76, § 4.)
§ 2807. Lands and Facilities Trust Fund

(a) Legislative purpose. The General Assembly finds and determines:

(1) The public lands, facilities, and recreational assets of Vermont represent both a priceless inheritance from the past and an enduring legacy for future generations.

(2) The lands, facilities, and recreational assets owned or managed by the Department of Forests, Parks and Recreation are held as public assets for the citizens of Vermont, and require proper management to ensure that these natural resources and facilities remain viable and available for this and all future generations.

(b) Definitions. As used in this section:

(1) “Commissioner” means the Commissioner of Forests, Parks and Recreation or the Commissioner’s designee.

(2) “Eligible activity” means any activity undertaken, initiated, or supported by the Department of Forests, Parks and Recreation that provides for the management of State lands, facilities, and recreational assets. “Eligible activity” includes: repair and maintenance of State parks; contract surveys and mapping; maintenance of State lands, including boundaries, roads, trails, and facilities; contract inventories of State land natural resources; repair of State-owned dams; repair, replacement, and maintenance of conservation camps; and timber management in accordance with U.S.D.A. silvicultural guidelines. “Eligible activity” does not include the acquisition of land.

(3) “Fund” means the Lands and Facilities Trust Fund.

(c) Creation and use of Fund.
(1) There is established in the State Treasury an income-producing fund to be known as the Lands and Facilities Trust Fund, to be managed by the State Treasurer, and from which expenditures shall be made by the Commissioner in accordance with appropriations by the General Assembly for the benefit of lands, facilities, and recreational assets owned or managed by the Agency. Payments from the Fund may be made to meet costs for eligible activities which are not covered in operating budgets for management of Agency lands, facilities, and recreational assets.

(2) The Fund shall be administered as part of the trust investment account established in 32 V.S.A. § 434. After the first three years of the Fund’s existence, on July 1 of each year, the Treasurer shall distribute from the Fund five percent of the moving average of the market value of the Fund over the prior 12 quarters with the approval of the House and Senate. Notwithstanding the foregoing, during the first three years of the Fund’s existence, expenditures for immediate needs, not to exceed five percent of the principal, may be authorized by the Commissioner, provided that such expenditures are consistent with the priorities established by the Commissioner, pursuant to this section, and shall be subject to the approval of the General Assembly.

(3) Annual expenditures from the Fund shall be limited to projects approved by the Commissioner, and shall be in accordance with appropriations of the General Assembly. Project priorities shall be determined in accordance with criteria established by the Commissioner, and shall include consideration of at least the following: cost; availability of funds; condition of the resource, facility, or infrastructure; level of use; level of public need; the stated intent of the donor, when donated property is involved; and the ability to protect or enhance a public investment or public resource.

(4) There shall be deposited in the Fund monies received by the Agency which are related to management of Agency lands, facilities, and recreational assets, and which are received from a variety of public and private sources pertinent to the purposes of the Fund, including: donations; grants; special use permits; federal funds specifically designated for uses compatible with the intent of the fund; timber sale receipts received after June 30, 2001 from State forestland and all Agency lands otherwise not restricted; and such sums as may be appropriated to the Fund by the General Assembly. The Agency may solicit and accept aid or contributions consistent with the stated intent of the donor and deposited with the State Treasurer. Income earned by the Fund shall be deposited into the Fund, and all balances in the Fund at the end of any fiscal year shall be carried forward and remain part of the Fund.

(d) [Repealed.] (Added 2001, No. 61, § 53, eff. June 16, 2001; amended 2013, No. 142 (Adj. Sess.), § 82.)
§ 2808. Agency permits

This section shall apply to any permit, license, or certification that is issued by the Agency of Natural Resources, and that is listed as enforceable by the Secretary of Natural Resources under the Uniform Environmental Law Enforcement chapter, 10 V.S.A. chapter 201. With respect to permits, licenses, or certifications specified under this section, if the permit processing time limits established under subsection 2822(g) of this title are not met, the Secretary may allow the option of the applicant paying for an independent engineer approved by the Secretary to do the permitting analysis required for the Secretary to approve or deny the application. (Added 2001, No. 142 (Adj. Sess.), § 220.)
§ 2809. Reimbursement of Agency costs

(a)(1) The Secretary may require an applicant for a permit, license, certification, or order issued under a program that the Secretary enforces under 10 V.S.A. § 8003(a) to pay for the cost of research, scientific, programmatic, or engineering expertise provided by the Agency of Natural Resources, provided that the following apply:

(A) The Secretary does not have such expertise or services and such expertise is required for the processing of the application for the permit, license, certification, or order.

(B) The Secretary does have such expertise but has made a determination that it is beyond the Agency’s internal capacity to effectively utilize that expertise to process the application for the permit, license, certification, or order. In addition, the Secretary shall determine that such expertise is required for the processing of the application for the permit, license, certification, or order.

(2) The Secretary may require an applicant under 10 V.S.A. chapter 151 to pay for the time of Agency of Natural Resources personnel providing research, scientific, or engineering services or for the cost of expert witnesses when Agency personnel or expert witnesses are required for the processing of the permit application.

(3) In addition to the authority set forth under 10 V.S.A. chapters 59 and 159 and section 1283, the Secretary may require a person who caused the Agency to incur expenditures or a person in violation of a permit, license, certification, or order issued by the Secretary to pay for the time of Agency personnel or the cost of other research, scientific, or engineering services incurred by the Agency in response to a threat to public health or the environment presented by an emergency or exigent circumstance.

(b) Prior to commencing or contracting for research, scientific, or engineering expertise or services or contracting for expert witnesses for which the Secretary intends to seek cost reimbursement under subdivisions (a)(1) and (2) of this section, the Secretary shall notify the applicant for a permit, license, certification, or order of the Secretary’s authority to assess costs under this section.

(c)(1) Within 15 days of issuance of notice under subsection (b) of this section, an applicant for a permit, license, certification, or order may request a meeting with the Secretary to identify and review the proposed Agency services or contracting services that may be assessed to the applicant.

(2) The Secretary may enter into agreements with an applicant for a permit, license, certification, or order under which either the applicant or the Agency of Natural Resources shall provide or pay for the necessary research, scientific, or engineering expertise or services or expert witnesses.

(3) When the Secretary meets with an applicant under this subsection, the Secretary shall provide the applicant in writing a preliminary estimate of the costs to be assessed and the purpose of the funds. In the case of requests to pay costs under subdivision (a)(1)(B) of this section, the Secretary shall be limited to a reimbursement of not more than $50,000.00.

(d) The following apply to the authority established under subsection (a) of this section:

(1)(A) The Secretary may require reimbursement only of costs in excess of $3,000.00 except as provided in subdivision (B) of this subdivision (1).

(B) Where the Secretary has requested reimbursement of programmatic expertise pursuant to subdivision (a)(1)(B) of this section. The Secretary may require reimbursement only of costs in excess of $3,000.00 or one-half of the permit application fee assessed under section 2822 of this title, whichever is greater.

(2) The Secretary may revise estimates previously noticed as necessary from time to time during the progress of the work and shall notify the applicant in writing of any revision.

(3) The Secretary shall provide the applicant with a detailed statement of a final assessment under this section showing the total amount of money expended or contracted for in the work and directing the manner and timing of payment by the applicant.

(4) All funds collected from applicants under the provisions of this section shall be paid into the Environmental Permit Fund established pursuant to section 2805 of this title, except that funds collected under provisions of subdivision (a)(2) of this section shall be paid into the Natural Resources Management Fund established pursuant to 23 V.S.A. § 3106(d).

(e) The Secretary may withhold a permit approval or suspend the processing of a permit application for failure to pay reasonable costs imposed under this subsection.

(f) An action or determination of the Secretary under this section shall constitute an act or decision of the Secretary that may be appealed in accordance with 10 V.S.A. § 8504.

(g) Concerning an application for a permit to discharge stormwater runoff from a telecommunications facility as defined in 30 V.S.A. § 248a that is filed before July 1, 2017:

(1) Under subdivision (a)(1) of this section, the Agency shall not require an applicant to pay more than $10,000.00 with respect to a facility.

(2) The provisions of subsection (c) (mandatory meeting) of this section shall not apply. (Added 2009, No. 146 (Adj. Sess.), § F19; 2011, No. 53, § 3b, eff. May 27, 2011; amended 2011, No. 161 (Adj. Sess.), § 12; 2013, No. 190 (Adj. Sess.), § 23, eff. June 16, 2014; 2013, No. 199 (Adj. Sess.), § 33; 2015, No. 57, § 19.)
§ 2810. Interim environmental media standards

The Secretary of Natural Resources may require any entity permitted by the Agency of Natural Resources to monitor the operation of a facility, discharge, emission, or release for any constituent for which the Department of Health has established a health advisory. The Secretary may impose conditions on a permitted entity based on the health advisory if the Secretary determines that the operation of the facility, discharge, emission, or release may result in an imminent and substantial endangerment to human health or the natural environment. The authority granted to the Secretary under this section shall last not longer than two years from the date the health advisory was adopted. (Added 2019, No. 21, § 7, eff. May 15, 2019.)

Subchapter 002: Secretary
§ 2821. Appointment and salary

(a) The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.

(b) [Repealed.] (Added 1969, No. 246 (Adj. Sess.), § 4(a), (c), eff. June 1, 1970; amended 1971, No. 191 (Adj. Sess.), § 16.)

§ 2822. Budget and report; powers

(a) The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency. The Secretary shall prepare and submit to the Governor an annual budget.

(b) The Secretary shall also have the powers and duties set forth in section 2803 of this title.

(c) If a waiver has been granted by the Public Utility Commission under 30 V.S.A. § 248(k), the Secretary or the Secretary’s designee shall expedite and may authorize temporary emergency permits with appropriate conditions to minimize significant adverse environmental impacts within the jurisdiction of the Agency, after limited or no opportunity for public comment, allowing site preparation for or construction or operation of an electric transmission facility or a generating facility necessary to ensure the stability or reliability of the electric system or a natural gas facility, regardless of any provision in Title 10 or 29 V.S.A. chapter 11. Such authorization shall be given only after findings by the Secretary that: good cause exists because an emergency situation has occurred; the applicant will fulfill any conditions imposed to minimize significant adverse environmental impacts; and the applicant will, upon the expiration of the temporary emergency permit, remove, relocate, or alter the facility as required by law or by an order of the Public Utility Commission. A permit issued under this subsection shall be subject to such conditions as are required by the Secretary and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the Secretary. Upon the expiration of a temporary emergency permit under this subsection, if any applicable permits have not been issued by the Secretary or the Commissioner of Environmental Conservation, the Secretary may seek enforcement under applicable law.

(d) The Secretary may adopt rules to implement the authority to issue expedited, temporary emergency permits specified in subsection (c) of this section and in 20 V.S.A. § 9(11).

(e) The Secretary, with the approval of the Secretary of Administration, may transfer any unexpended funds appropriated in a capital construction act to other projects authorized in the same section of that act.

(f) For any Agency program, the Secretary may provide for simplified application forms and procedures for minor projects.

(g) The Secretary shall make all practical efforts to process permits in a prompt manner. The Secretary shall establish time limits for the processing of each permit as well as procedures and time periods within which to notify applicants whether an application is complete. The Secretary shall report no later than the third Tuesday of each annual legislative session to the General Assembly by electronic submission. The annual report shall assess the Agency’s performance in meeting the limits; identify areas that hinder effective Agency performance; list fees collected for each permit; summarize changes made by the Agency to improve performance; describe staffing needs for the coming year; certify that the revenue from the fees collected is at least equal to the costs associated with those positions; and discuss the operation of the Agency during the preceding fiscal year and the future goals and objectives of the Agency. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. This report is in addition to the fee report and request required by 32 V.S.A. chapter 7, subchapter 6.

(h) [Repealed.]

(i) The Secretary shall not process an application for which the applicable fee has not been paid unless the Secretary specifies that the fee may be paid at a different time or unless the person applying for the permit is exempt from the permit fee requirements pursuant to 32 V.S.A. § 710. Municipalities shall be exempt from the payment of fees under this section except for those fees prescribed in subdivisions (j)(1), (7), (8), (14), and (15) of this section for which a municipality may recover its costs by charging a user fee to those who use the permitted services. Municipalities shall pay fees prescribed in subdivisions (j)(2), (10), (11), (12), and (26), except that a municipality shall also be exempt from those fees for stormwater systems prescribed in subdivisions (j)(2)(A)(iii)(I), (II), or (IV) and (j)(2)(B)(iv)(I), (II), or (V) of this section for which a municipality has assumed full legal responsibility under 10 V.S.A. § 1264.

(j) In accordance with subsection (i) of this section, the following fees are established for permits, licenses, certifications, approvals, registrations, orders, and other actions taken by the Agency of Natural Resources.

(1) For air pollution control permits or registrations issued under 10 V.S.A. chapter 23:

(A) Base service fees. Any persons subject to the provisions of 10 V.S.A. § 556 shall submit with each permit application or with each request for a permit amendment, a base service fee in accordance with the base fee schedule in subdivision (i) of this subdivision (1)(A). Prior to taking final action under 10 V.S.A. § 556 on any application for a permit for a nonmajor stationary source or on any request for an amendment of a permit for such a source, the Secretary shall assess each applicant for any additional fees due to the Agency, assessed in accordance with the base fee schedule and the supplementary fee schedule in subdivision (ii) of this subdivision (1)(A). The applicant shall submit any fees so assessed to the Secretary prior to issuance of the final permit, notwithstanding the provisions of subsection (i) of this section. The base fee schedule and the supplementary fee schedule are applicable to all applications on which the Secretary makes a final decision on or after the date on which this section is operative.

(i)	Base fee schedule
		(I)	Application for permit to construct or modify source
				(aa) Major stationary source	$	15,000.00
				(bb) Nonmajor stationary source	$	2,000.00
				(cc) A source of emissions from anaerobic digestion of agricultural products, agricultural by-products, agricultural waste, or food waste	$	1,000.00
		(II)	Amendments
			Change in business name, division name, or plant name; mailing address; or company stack designation; or other administrative amendments		$	150.00
(ii)	Supplementary fee schedule for nonmajor stationary sources
		(I)	Engineering review		$	2,000.00
		(II)	Air quality impact analysis review refined modeling		$	2,000.00
		(III)	Observe and review source emission testing		$	2,000.00
		(IV)	Audit performance of continuous emissions monitors		$	2,000.00
		(V)	Audit performance of ambient air monitoring		$	2,000.00
		(VI)	Implement public comment requirement		$	500.00

(B) Annual registration. Any person required to register an air contaminant source under 10 V.S.A. § 555(c) shall annually pay the following:

(i) A base fee where the sum of a source’s emissions of sulfur dioxide, particulate matter, carbon monoxide, nitrogen oxides, and hydrocarbons is:

(I) ten tons or greater: $1,500.00;

(II) less than ten tons but greater than or equal to five tons: $1,000.00; and

(III) less than five tons: $500.00.

(ii) Where the sum of a source’s emissions of sulfur dioxide, particulate matter, carbon monoxide, nitrogen oxides, and hydrocarbons is greater than or equal to five tons: an annual registration fee that is $0.0335 per pound of such emissions except that a plant producing renewable energy as defined in 30 V.S.A. § 8002 shall pay an annual fee not exceeding $64,000.00.

(C) Anaerobic digesters. Notwithstanding the requirements of subdivisions (A) and (B) of this subdivision (j)(1), a person required to register an air contaminant source under 10 V.S.A. § 555(c) or subject to the requirements of 10 V.S.A. § 556 shall not be subject to supplementary fees assessed under subdivision (A)(ii) of this subdivision (j)(1) and shall pay an annual registration fee not exceeding $1,000.00 when the source of the emissions is the anaerobic digestion of agricultural products, agricultural by-products, agricultural waste, or food waste.

(2) For discharge permits issued under 10 V.S.A. chapter 47 and orders issued under 10 V.S.A. § 1272, an administrative processing fee of $240.00 shall be paid at the time of application for a discharge permit in addition to any application review fee and any annual operating fee, except for permit applications under subdivisions (A)(iii)(III) and (V) of this subdivision (j)(2):

(i)	Municipal, industrial, non-contact cooling water, and thermal discharges:
		(I)	Individual permit: original application; amendment for increased flows; amendment for change in treatment process:		$0.003 per gallon permitted flow; minimum $100.00 per outfall; maximum $30,000.00 per application.
		(II)	Renewal, transfer, or minor amendment of individual permit:		$0.002 per gallon permitted flow; minimum $50.00 per outfall; maximum $5,000.00 per application.
		(III)	General permit:		$0.00.
(ii)	Pretreatment discharges.
		(I)	Individual permit: original application; amendment for increased flows; amendment change in treatment process:		$0.20 per gallon design flow; minimum $100.00 per outfall.
		(II)	Renewal, transfer, or minor amendment of individual permit:		$0.002 per gallon design flow; minimum $50.00 per outfall.
(iii)	Stormwater discharges.
		(I)	Individual operating permit or application to operate under general operating permit for collected stormwater runoff that is discharged to Class B waters: original application; amendment for increased flows; amendment for change in treatment process:		$860.00 per acre impervious area; minimum $440.00 per application.
		(II)	Individual operating permit or application to operate under general operating permit for collected stormwater runoff that is discharged to Class A waters; original application; amendment for increased flows; amendment for change in treatment process:		$1,400.00 per acre impervious area; minimum $1,400.00 per application.
		(III)	Individual permit or application to operate under general permit for construction activities; original application; amendment for increased acreage.
				(aa) Projects with low risk to waters of the State; five acres or less:	$100.00 per project; original application.
				(bb) Projects with low risk to waters of the State; greater than five acres:	$220.00 per project.
				(cc) Projects with moderate risk to waters of the State; five acres or less:	$480.00 per project original application.
				(dd) Projects with moderate risk to waters of the State; greater than five acres:	$640.00.
				(ee) Projects that require an individual permit; ten acres or less:	$1,200.00.
				(ff) Projects that require an individual permit; greater than 10 acres:	$1,800.00.
		(IV)	Individual permit or application to operate under general permit for stormwater runoff associated with industrial activities with specified SIC codes; original application; amendment for change in activities:		$440.00 per facility.
		(V)	Individual permit or application to operate under general permit for stormwater runoff associated with municipal separate storm sewer systems; original application; amendment for change in activities:		$2,400.00 per system.
		(VI)	Individual operating permit or application to operate under a general permit for a residually designated stormwater discharge original application; amendment; for increased flows amendment; for change in treatment process.
				(aa) For discharges to Class B water;	$860.00 per acre of impervious area, minimum $280.00.
				(bb) For discharges to Class A water;	$1,700.00 per acre of impervious area, minimum $1,700.00.
		(VII)	Renewal, transfer, or minor amendment of individual permit:		$0.00
		(VIII)	Application for coverage under the municipal roads stormwater general permit:		$400.00 per application
		(IX)	Application for coverage under the State roads stormwater general permit:		$1,200.00.
(iv)	Indirect discharge or underground injection control, excluding stormwater discharges.
		(I)	Indirect discharge, sewage.
			Individual permit: original application; amendment for increased flows; amendment for modification or replacement of system.		$1,755.00 plus $0.08 per gallon of design capacity above 6,500 gpd.
		(II)	Indirect discharge, nonsewage.
			Individual permit: original application; amendment for increased flows; amendment for modification or replacement of system.		$0.06 per gallon of design capacity; minimum $400.00.
		(III)	Underground injection; individual permit; amendment for increased flows; amendment for modification or replacement of system.
				(aa) For applications where the discharge meets groundwater enforcement standards at the point of discharge:	$500.00 and $0.10 for each gallon per day over 2,000 gallons per day.
				(bb) For applications where the discharge meets ground- water enforcement standards at the point of compliance:	$1,500.00 and $0.20 for each gallon per day over 2,000 gallons per day.

(B) Annual operating fee.

(i)	Industrial, noncontact cooling water and thermal discharges:				$0.0015 per gallon design capacity. $200.00 minimum; maximum $210,000.00.
(ii)	Municipal:				$0.003 per gallon of permitted flows. $200.00 minimum; maximum $12,500.00.
(iii)	Pretreatment discharges.				$0.04 per gallon design capacity. $200.00 minimum; maximum $27,500.00.
(iv)	Stormwater.
		(I)	Individual operating permit or approval under general operating permit for collected stormwater runoff that is discharged to Class A waters:		$310.00 per acre impervious area; $310.00 minimum.
		(II)	Individual operating permit or approval under general operating permit for collected stormwater runoff that is discharged to Class B waters:		$160.00 per acre impervious area; $160.00 minimum.
		(III)	Individual permit or approval under general permit for stormwater runoff from industrial facilities with specified SIC codes:		$160.00 per facility.
		(IV)	Individual permit or application to operate under general permit for stormwater runoff associated with municipal separate storm sewer systems:		$10.00 per acre of impervious surface within the municipality; annually.
		(V)	Individual permit or approval under general permit for residually designated stormwater discharges.
				(aa) For discharges to Class A water;	$310.00 per acre of impervious area, minimum $310.00.
				(bb) For discharges to Class B water;	$160.00 per acre of impervious area, minimum $160.00.
		(VI)	For application to operate under a general permit for stormwater runoff associated with municipal roads, the following fees per authorization annually:
				(aa) in a municipality with a population of more than 5,000 persons:	$1,800.00;
				(bb) in a municipality with a population of 2,500 to 5,000 persons and 95 miles or more of maintained road:	$1,800.00;
				(cc) in a municipality with a population of 2,500 to 5,000 persons and 25 to less than 95 miles of maintained road:	$1,350.00;
				(dd) in a municipality with a population of 2,500 to 5,000 persons and less than 25 miles of maintained road:	$500.00;
				(ee) in a municipality with a population of fewer than 2,500 but more than 500 persons and 25 miles or more of maintained road:	$1,350.00;
				(ff) in a municipality with a population of fewer than 2,500 but more than 500 persons and less than 25 miles of maintained road:	$500.00;
				(gg) in a municipality with a population of fewer than 500 persons:	$500.00;
				(hh) in a municipality that is covered under a municipal separate storm sewer system permit:	$0.00; and
				(ii) in an unincorporated or disincorporated municipality:	$0.00.
		(VII)	Application to operate under a general permit for stormwater runoff associated with State roads:		$90,000.00 per authorization annually.
		(VIII)	Individual permit or approval under a general permit for a discharge from a medium concentrated animal feeding operation:		$1,500.00 per facility.
		(IX)	Individual permit or approval under a general permit for a discharge from a large concentrated animal feeding operation:		$2,500.00 per facility.
		(X)	Individual or general operating permits authorizing discharges of stormwater runoff from new development or redevelopment of less than one acre of impervious surface permitted after July 1, 2022 pursuant to 10 V. S. A. § 1264(c)(1) shall be exempt from the fees imposed by subdivisions (I) and (II) of this subdivision (iv).
(v)	Indirect discharge or underground injection control, excluding stormwater discharges:
		(I)	Indirect discharge.
				(aa) Individual permit:	$400.00 plus $0.035 per gallon of design capacity above 6,500 gpd. maximum $27,500.00.
				(bb) Approval under general permit:	$220.00.
		(II)	Underground injection control.
				(aa) For applications where the discharge meets groundwater enforcement standards at the point of discharge:	$500.00 and $0.02 for each gallon per day over 2,000 gallons per day.
				(bb) For applications where the discharge meets groundwater enforcement standards at the point of compliance:	$1,500.00 and $0.02 for each gallon per day over 2,000 gallons per day.
				(cc) Approval under general permit:	$220.00.

(C) The Secretary shall bill all persons who hold discharge permits for the required annual operating fee. Annual operating fees may be divided into semiannual or quarterly billings.

(3) [Repealed.]

(4) For potable water supply and wastewater permits issued under 10 V.S.A. chapter 64. Projects under this subdivision include: a wastewater system, including a sewerage connection; and a potable water supply, including a connection to a public water supply:

(A) Original applications, or major amendments for a project with the following proposed design flows. In calculating the fee, the highest proposed design flow whether wastewater or water shall be used:

(i) design flows 560 gpd or less: $306.25 per application;

(ii) design flows greater than 560 and less than or equal to 2,000 gpd: $870.00 per application;

(iii) design flows greater than 2,000 and less than or equal to 6,500 gpd: $3,000.00 per application;

(iv) design flows greater than 6,500 and less than or equal to 10,000 gpd: $7,500.00 per application;

(v) design flows greater than 10,000 gpd: $13,500.00 per application.

(B) Minor amendments: $150.00.

As used in this subdivision (j)(4)(C), “minor project” means a project that meets the following: there is an increase in design flow but no construction is required; there is no increase in design flow, but construction is required, excluding replacement potable water supplies and wastewater systems; or there is no increase in design flow and no construction is required, excluding applications that contain designs that require technical review.

(D) Notwithstanding the other provisions of this subdivision, when a project is located in a Vermont neighborhood, as designated under 24 V.S.A. chapter 76A, the fee shall be no more than $50.00 in situations in which the application has received an allocation for sewer capacity from an approved municipal system. This limitation shall not apply in the case of fees charged as part of a duly delegated municipal program.

(5) For well drillers licenses issued under 10 V.S.A. chapter 48:

$140.00 per year.

Fees shall be paid on an annual basis over the term of the license.

(6) For solid waste treatment, storage, transfer, or disposal facility certifications issued under 10 V.S.A. chapter 159:

	(A) original and renewal applications, excluding recycling and composting facilities, and categorical of solid waste facilities	$0.75 per ton certified operational capacity pro-rated and paid on an annual basis over the term of certification.
	(B) original and renewal applications for recycling and composting facilities, excluding categorical solid waste facilities that solely manage recycling or composting solid waste	$100.00.
	(C) original and renewal applications for categorical solid waste facilities solely managing recycling or composting solid waste	$0.00
	(D) original and renewal applications for categorical disposal facilities	$100.00.
	(E) original and renewal applications for facilities, certified pursuant to 10 V.S.A. §§ 6605 and 6605b, that treat, store, or dispose of waste generated solely from mining, extraction, or mineral processing	$200.00 for facilities with an operational capacity less than 25,000 cubic yards; for facilities with operational capacity above 25,000 cubic yards $0.95 per cubic yard of operational capacity. Maximum annual payment, $75,000.00.
	(F) increase in tonnage, excluding recycling and composting facilities, categorical solid waste facilities	$0.75 per ton of certified and operational capacity prorated and paid on an annual basis over the term of certification.
	(G) insignificant waste management event approvals.	$100.00 per event.

(7) For public water supply and bottled water permits and approvals issued under 10 V.S.A. chapter 56 and interim groundwater withdrawal permits and approvals issued under 10 V.S.A. chapter 48:

(A) For public water supply construction permit and permit amendment applications:

(i) For public community and nontransient noncommunity water supplies: $900.00.

(ii) For transient noncommunity: $500.00.

(B) For water treatment plant applications, except those applications submitted by a municipality as defined in 1 V.S.A. § 126 or a consolidated water district established under 24 V.S.A. § 3342: $0.003 per gallon of design capacity. Amendments $150.00 per application.

	(i) Community water systems:	$945.00 per source.
	(ii) Transient noncommunity:	$385.00 per source.
	(iii) Nontransient, noncommunity:	$770.00 per source.
	(iv) Amendments.	$150.00 per application.

(D) For public water supplies and bottled water facilities, annually:

	(i) Transient noncommunity:	$100.00.
	(ii) Nontransient, noncommunity:	$0.0355 per 1,000 gallons of water produced annu- ally or $70.00, whichever is greater.
	(iii) Community:	$0.05 per 1,000 gallons of water produced annu- ally.
	(iv) Bottled water:	$1,390.00 per permitted facility.

(E) Amendment to bottled water facility permit, $150.00 per application.

(F) For facilities permitted to withdraw groundwater pursuant to 10 V.S.A. § 1418: $2,300.00 annually per facility.

(G) In calculating flow-based fees under this subsection, the Secretary will use metered production flows where available. When metered production flows are not available, the Secretary shall estimate flows based on the standard design flows for new construction.

(H) The Secretary shall bill public water supplies and bottled water companies for the required fee. Annual fees may be divided into semiannual or quarterly billings.

(8) For public water system operator certifications issued under 10 V.S.A. § 1674:

(A) For class IA and IB operators: $45.00 per initial certificate or renewal.

(B) For all other classes: $80.00 per initial certificate
or renewal.

(9)(A) For a solid waste hauler:

(i) $50.00 per vehicle for small vehicles with two axles, including pickup trucks, utility trailers, and stakebody trucks.

(ii) $75.00 per vehicle for vehicles with three or four axles, including packer trucks, dump trucks, and roll offs.

(iii) $100.00 per vehicle for tractors and any number axle trailers.

(B) For a hazardous waste hauler: an annual operating fee of $125.00 per vehicle.

(10) For management of lakes and ponds permits issued under 29 V.S.A. chapter 11:

(A) Nonstructural erosion control: $155.00 per application.

(B) Structural erosion control: $250.00 per application.

(C) All other encroachments: $300.00 per application plus one percent of construction costs, not to exceed $20,000.00 per application.

(11) For stream alteration and flood hazard area permits issued under 10 V.S.A. chapters 41 and 32:

(A) Stream alteration; individual permit: $350.00.

(B) Stream alteration; general permit; reporting category: $200.00.

(D) Stream alteration; general permit; municipal bridge, culvert, and unimproved property protection: $200.00.

(E) Stream alteration; Agency of Transportation reviews; bridge, culvert, and high risk projects: $350.00.

(F) Flood hazard area; individual permit; State facilities; hydraulic and hydrologic modeling required: $350.00.

(G) Flood hazard area; individual permit; State facilities; hydraulic and hydrologic modeling not required: $200.00.

(H) Flood hazard area; municipal reviews; reviews requiring hydraulic and hydrologic modeling, compensatory storage volumetric analysis, or river corridor equilibrium: $350.00.

(I) Flood hazard area; municipal review; projects not requiring hydraulic or hydrologic modeling: $200.00.

(J) River corridor; major map amendments: $350.00.

(12)(A) For dam permits issued under 10 V.S.A. chapter 43: 1.00 percent of construction costs, minimum fee of $1,000.00.

(B) For all dams capable of impounding 500,000 or more cubic feet of water or other liquid, an annual fee:

(i) for dams classified as low risk: $200.00 per year.

(ii) for dams classified as significant risk: $350.00 per year.

(iii) for dams classified as high risk: $1,000.00 per year.

(iv) for dams that have not been classified by the Department: $0.00 per year.

(13) For aquatic nuisance control permits issued under 10 V.S.A. § 1455:

(A) Projects in private waters, as that term is defined in 10 V.S.A. § 5210:

	(i) Aquatic pesticide aqua-shade, Copper compounds used as algicides	$50.00 per application.
	(ii) All other pesticides and chemicals	$75.00 per application.
	(iii) Bottom barriers, Powered mechanical devices	$35.00 per application.
	(iv) Structural controls, Biological controls	$75.00 per application.
	(v) Approval under general permit	$25.00 per approval.

(B) Projects in all other waters:

	(i) All pesticides and other chemicals	$500.00 per application.
	(ii) Bottom barriers	$75.00 per application.
	(iii) Powered mechanical devices	$175.00 per application.
	(iv) Structural controls, Biological controls	$300.00 per application.
	(v) Approval under general permit	$50.00 per approval.

(14) [Repealed.]

(15) For sludge or septage facility certifications issued under 10 V.S.A. chapter 159:

	(A) land application sites; facilities that further reduce patho-
	gens; disposal facilities:	$1,000.00 per application.
	(B) all other types of facilities:	$125.00 per application.

(16) For underground storage tank permits issued under 10 V.S.A. chapter 59: $125.00 per tank per year.

(17) For hazardous waste treatment, storage, or disposal facility certifications issued under 10 V.S.A. chapter 159:

(A) original application		$5,775.00.
(B) annual operating fee:
	(i) commercial facilities	$2,000.00.
	(ii) captive facilities	$1,100.00.
(C) renewal application		$0.00.

(18) For recycle or reuse exemptions issued under 10 V.S.A. §§ 6602(9) and 6603(1):

	(A) initial determination of exemption		$100.00.
	(B) administrative modifications		$100.00.
	(C) all other modifications		$50.00.

(19) For delistings of hazardous waste issued under 10 V.S.A. §§ 6602(4) and 6603(1): $265.00 per application.

(20) For underground storage tank tester licenses issued under 10 V.S.A. § 1936:

	(A) original application		$100.00.
	(B) renewal application		$100.00.

(21) [Repealed.]

(22) For certificates of need issued under 10 V.S.A. § 6606a:

$7,500.00 per application.

(23) Notwithstanding all other subdivisions of this subsection, for administrative amendments of the listed permits, licenses, certifications, approvals, and exemptions, the Secretary may charge less than the listed fees, provided that the amount charged is no less than $35.00 and is sufficient to cover the costs with processing the administrative amendment.

(24) [Repealed.]

(25) For hazardous waste generator registrations required by 10 V.S.A. § 6608(f):

	(A) small quantity generators		$125.00.
	(B) large quantity generators		$600.00.
	(C) conditionally exempt generators		$75.00.

(26) For individual conditional use determinations, for individual wetland permits, for general conditional use determinations issued under 10 V.S.A. § 1272, or for wetland authorizations issued under a general permit, an administrative processing fee assessed under subdivision (2) of this subsection and an application fee of:

(A) $0.75 per square foot of proposed impact to Class I or II wetlands.

(B) $0.25 per square foot of proposed impact to Class I or II wetland buffers.

(C) Maximum fee, for the conversion of Class II wetlands or wetland buffers to cropland use or for installation of a pipeline in a wetland for the transport of manure for the purpose of farming, as that term is defined in 10 V.S.A. § 6001(22), when the pipeline will serve or implement a water quality or conservation practice, $200.00 per application. As used in this subdivision, “cropland” means land that is used for the production of agricultural crops, including row crops, fibrous plants, pasture, fruit-bearing bushes, trees, or vines, and the production of Christmas trees.

(D) $0.25 per square foot of proposed impact to Class I or II wetlands or Class I or II wetland buffer for utility line, pipeline, and ski trail projects when the proposed impact is limited to clearing forested wetlands in a corridor and maintaining a cleared condition in that corridor for the project life.

(E) $1.50 per square foot of impact to Class I or II wetlands when the permit is sought after the impact has taken place.

(F) $100.00 per revision to an application for an individual wetland permit or authorization under a general permit when the supplement is due to a change to the project that was not requested by the Secretary.

(G) Minimum fee, $50.00 per application.

(H) Maximum fee, for the construction of any water quality improvement project in any Class II wetland or buffer, $200.00 per application. As used in this subdivision, “water quality improvement project” means projects specifically designed and implemented to reduce pollutant loading in accordance with the requirements of a Total Maximum Daily Load Implementation Plan or Water Quality Remediation Plan, or pursuant to a plan for reducing pollutant loading to a waterbody. These projects include:

(i) the retrofit of impervious surfaces in existence as of January 1, 2019 for the purpose of addressing stormwater runoff;

(ii) the replacement of stream-crossing structures necessary to improve aquatic organism passage, stream flow, or flood capacity;

(iii) construction of the following conservation practices on farms, when constructed and maintained in accordance with Natural Resources Conservation Service Conservation Practice Standards for Vermont and the Agency of Agriculture, Food and Markets’ Required Agricultural Practices:

(I) construction of animal trails and walkways;

(II) construction of access roads;

(III) designation and construction of a heavy-use protection area;

(IV) construction of artificial wetlands; and

(V) the relocation of structures, when necessary, to allow for the management and treatment of agricultural waste, as defined in the Required Agricultural Practices Rule.

(I) Maximum fee for the construction of a permanent structure used for farming, $5,000.00, provided that the maximum fee for waste storage facility or bunker silo shall be $200.00 when constructed and maintained in accordance with Natural Resources Conservation Service Conservation Practice Standards for Vermont and the Agency of Agriculture, Food and Markets’ Required Agricultural Practices.

(27) For approvals of the operation of mineral prospecting equipment issued under 10 V.S.A. chapter 41:

	(A) annual approval for a resident		$25.00.
	(B) annual approval for a nonresident		$50.00.

(28) For approvals of the offset permits issued under 10 V.S.A. § 1264a:

	(A) Individual offset permit		$300.00.
	(B) General offset permit		$100.00.

(29) For salvage yards permitted under 24 V.S.A chapter 61, subchapter 10:

(A) facilities that crush or shred junk motor vehicles.		$1,250.00 per facility.
(B) facilities that accept or dismantle junk motor vehicles.		$750.00 per facility.
(C) facilities that manage junk on site excluding junk motor vehicles.		$350.00 per facility.
(D) facilities the primary activity		$300.00 per facility.
	of which is handling total-loss vehicles from insurance companies.

(30) For review of a project requiring water quality certification under Section 401 of the Clean Water Act: one percent of project costs; minimum fee $200.00; maximum fee $20,000.00. For an application seeking review of multiple projects under this subdivision, the fee shall apply to each project.

(31) For continuing review of plans required by 10 V.S.A. § 6673: $15,000.00.

(32) For projects taking place in a protected shoreland area that require:

(A) a registration under 10 V.S.A. § 1446: $100.00;

(B) a permit under 10 V.S.A. §§ 1443, 1444, and 1445: $125.00 plus $0.50 per square foot of impervious surface.

(33) $0.01 per gallon based on the rated capacity of the tank being pumped rounded to the nearest gallon.

(k) Any person required to pay a fee to register an air contaminant source under 10 V.S.A. § 555(c) and who emits five or more tons per year shall pay fees as follows:

(1) Where the emissions are resulting from the combustion of any of the following fuels in fuel burning or manufacturing process equipment:

(A)(i) Wood—$0.1915 per ton burned; or

(ii) Wood burned in electric utility units with advanced particulate matter and nitrogen oxide reduction technologies—$0.0607 per ton burned;

(B) No. 4, 5, 6 grade fuel oil and used oil—$0.0015 per gallon burned;

(D) Propane—$0.0003 per gallon burned;

(E) Natural gas—$2.745 per million cubic feet burned;

(F) Diesel generator—$0.0055 per gallon burned;

(G) Gas turbine using No. 2 grade fuel oil—$0.0022 per gallon burned.

(2) For the emission of any hazardous air contaminant not subject to subdivision (1) of this subsection:

(A) Contaminants that cause short-term irritant effects—$0.02 per pound of emissions;

(B) Contaminants that cause chronic systemic toxicity—$0.04 per pound of emissions;

(l) [Repealed.]

(m)(1) Except as provided in subdivision (3) of this subsection, in addition to any other requirement or fee required for registration, on and after January 1, 1994, a motor vehicle registered under 23 V.S.A. chapter 7 shall be assessed an annual emission fee of $2.00 at time of first registration and annually thereafter.

(2) The Department of Motor Vehicles shall collect the emission fee imposed in subdivision (1) of this subsection on an annual basis, consistent with the registration period. Notwithstanding 19 V.S.A. § 11, all funds collected shall be credited to the Fund established under section 2805 of this title.

(3) The fee imposed under subdivision (1) of this subsection shall not apply to any electrically powered vehicle, trailer, or government vehicle.

(4) The Department of Motor Vehicles shall not issue a registration for any vehicle for which the emission fee required under this subsection has not been paid.

(n) [Repealed.] (Added 1969, No. 246 (Adj. Sess.), § 4(b), (h), eff. June 1, 1970; amended 1971, No. 93, § 3, eff. April 22, 1971; 1971, No. 164 (Adj. Sess.), eff. March 21, 1972; 1975, No. 254 (Adj. Sess.), § 155; 1977, No. 78, § 1, eff. April 26, 1977; 1977, No. 106, § 2; 1979, No. 159 (Adj. Sess.), § 3; 1981, No. 222 (Adj. Sess.), § 2; 1983, No. 193 (Adj. Sess.), § 1, eff. April 27, 1984; 1985, No. 67, § 4; 1987, No. 76, §§ 1, 2, 18; 1987, No. 268 (Adj. Sess.), § 1, eff. June 21, 1988; 1989, No. 88, § 3; 1989, No. 98, § 4(a); 1989, No. 279 (Adj. Sess.), §§ 4, 8; 1991, No. 71, §§ 4, 4b; 1993, No. 48, §§ 1, 2, eff. June 1, 1993; 1993, No. 92, §§ 16, 17; 1993, No. 187 (Adj. Sess.), § 3, eff. Sept. 1, 1994; 1993, No. 221 (Adj. Sess.), § 4g; 1995, No. 48, § 1; 1995, No. 103 (Adj. Sess.), § 8; 1995, No. 141 (Adj. Sess.), § 9, eff. Apr. 30, 1996; 1997, No. 106 (Adj. Sess.), §§ 3, 4, eff. April 27, 1998; 1997, No. 155 (Adj. Sess.), § 32; 2001, No. 65, §§ 23, 24, 26; 2001, No. 133 (Adj. Sess.), § 2, eff. June 13, 2002; 2001, No. 143 (Adj. Sess.), §§ 52, 54, eff. June 21, 2002; 2003, No. 82 (Adj. Sess.), § 4; 2003, No. 140 (Adj. Sess.), § 5; 2003, No. 163 (Adj. Sess.), § 19; 2005, No. 15, § 1; 2005, No. 65, § 1; 2007, No. 76, §§ 30, 30a; 2007, No. 122 (Adj. Sess.), § 1; 2007, No. 153 (Adj. Sess.), § 3; 2007, No. 176 (Adj. Sess.), § 5, eff. May 28, 2008; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 43, § 37, eff. May 27, 2009; 2009, No. 46, § 10b; 2009, No. 134 (Adj. Sess.), § 30; 2011, No. 139 (Adj. Sess.), § 4, eff. May 14, 2012; 2011, No. 161 (Adj. Sess.), § 1; 2013, No. 58, § 2, eff. June 3, 2013; 2013, No. 59, § 10; 2013, No. 172 (Adj. Sess.), § 6; 2015, No. 57, § 21; 2015, No. 58, § E.225.4; 2015, No. 64, § 44; 2015, No. 97 (Adj. Sess.), § 6; 2015, No. 149 (Adj. Sess.), § 45; 2015, No. 156 (Adj. Sess.), § 14a, eff. Jan. 1, 2017; 2015, No. 159 (Adj. Sess.), § 56; 2017, No. 77, § 7, eff. Jan. 1, 2018; 2017, No. 168 (Adj. Sess.), § 14; 2017, No. 181 (Adj. Sess.), § 7, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 8, eff. May 30, 2018; 2017, No. 194 (Adj. Sess.), § 8a, eff. July 1, 2019; 2019, No. 64, § 22, eff. June 17, 2019; 2021, No. 170 (Adj. Sess.), § 17, eff. July 1, 2022.)

§ 2823. Executive assistants; vacancy

(a) The Secretary, with the approval of the Governor, may appoint, outside the classified service, an executive assistant to serve at his or her pleasure, or designate the same from within the classified personnel of the Agency. The executive assistant shall perform such duties as the Secretary prescribes.

(b) The Secretary, with the approval of the Governor, shall designate his or her executive assistant or a commissioner to act in the event of a vacancy or in his or her absence. The provisions of subsections 253(d) and (e) of this title shall apply. (Added 1969, No. 246 (Adj. Sess.), § 4(d), (g), eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 4.)
§ 2824. Transfer of personnel and appropriations

(a) The Secretary with the approval of the Governor, may transfer classified positions, excepting Department of Fish and Wildlife positions, between State departments and other components of the Agency, subject only to personnel laws and rules.

(b) The Secretary, with the approval of the Governor, may transfer appropriations or parts thereof between departments and other components in the Agency, consistent with the purposes for which the appropriations were made, excepting Fish and Wildlife Funds which shall remain separate and intact. (Added 1969, No. 246 (Adj. Sess.), § 4(e), (f), eff. June 1, 1970; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984.)
§ 2825. Duties of the Secretary

(a) The primary duties of the Secretary are to coordinate the activities of the various departments and divisions of the Agency for the proper development, management, and preservation of Vermont’s natural resources, to develop policies for the proper and beneficial development, management, and preservation of resources in harmony with the State comprehensive planning program and to promote the effective application of these policies by the departments and divisions affected.

(b) The Secretary, with approval of the Governor, may direct the Commissioner of Finance and Management to pay monies from the outdoor recreation land and water conservation fund to State agencies or to a municipality for recreational projects in accordance with the conditions of Public Law 88-578.

(c) The Secretary may enter into contracts and agreements with agencies of the United States and furnish to the agencies reports and information necessary to enable their officials to perform their duties under Public Law 88-578, and amendments thereto.

(d) The Secretary may delegate authorities and duties assigned to him or her by statute, for the purpose of administering 10 V.S.A. chapters 55 and 159 and 24 V.S.A. chapter 120.

(e) Before acquiring any interest in real property, the Secretary shall offer to the legislative body of the municipality in which the real property is located the opportunity to meet, during which meeting the Secretary or his or her designee shall describe the proposed acquisition and answer questions raised by town officials or the general public, including questions concerning the impact of the proposed acquisition on local tax revenues. The municipality may hold a nonbinding referendum on the proposed acquisition, either at the discretion of the legislative body of the municipality or upon petition signed by five percent of the legal voters of the municipality and presented to the legislative body. The Secretary shall consider the results of any such referendum in making a final decision on whether to acquire the property. (Added 1979, No. 159 (Adj. Sess.), § 11; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 276 (Adj. Sess.), § 29, eff. June 20, 1990; 2001, No. 149 (Adj. Sess.), § 84, eff. June 27, 2002.)
§ 2826. Environmental notice bulletin; permit handbook

(a) The Secretary shall establish an environmental notice bulletin, in order to provide for the timely public notification of permit applications, notices, comment periods, hearings, and permitting decisions. The bulletin shall consist of a website and an e-mail notification system. The Secretary shall ensure that the website for the bulletin is readily accessible from the Agency’s main web page.

(1) When 10 V.S.A. chapter 170 requires the posting of information to the bulletin, the Secretary shall post the information to the bulletin’s website.

(2) When 10 V.S.A. chapter 170 requires notice to persons through the environmental notice bulletin, the bulletin shall generate an e-mail notification to those persons containing the information required by that chapter.

(3) The Secretary shall provide members of the public the ability to register, through the bulletin, for a list of interested persons to receive e-mail notification of permit activity based on permit type, municipality, proximity to a specified address, or a combination of these characteristics.

(4) If an individual does not have an e-mail address, the individual may request to receive notifications through U.S. mail. On receipt of such a request, the Secretary shall mail to the individual the same information that the individual would have otherwise received through an e-mail generated by the bulletin.

(b) The Secretary shall publish a permit handbook that lists all of the permits required for the programs administered by the Department of Environmental Conservation. The handbook shall include examples of activities that require certain permits, an explanation in lay terms of each of the permitting programs involved, and the names, addresses, and telephone numbers of the person or persons to contact for further information for each of the permitting programs. The Secretary shall update the handbook periodically. (Added 1993, No. 232 (Adj. Sess.), § 23, eff. June 21, 1994; amended 2003, No. 115 (Adj. Sess.), § 5; 2015, No. 150 (Adj. Sess.), § 3, eff. Jan. 1, 2018.)
§ 2827. Repealed. 2001, No. 133 (Adj. Sess.), § 14(b).
§ 2828. Project scoping process

(a) Applicability. This section shall govern all applications for permits, certifications, or other authorizations, except for professional licenses, issued by the Department of Environmental Conservation or under 10 V.S.A. chapter 151.

(b) Determining project scope. An applicant for any permit, certification, or other authorization, except for a professional license, issued by the Department of Environmental Conservation or a District Environmental Commission may request to engage in a project scoping process. If a project scoping request is made, the Department of Environmental Conservation and, if appropriate, the District Coordinator shall prepare a project review sheet based on information submitted by the applicant. The project review sheet shall indicate:

(1) a brief description of the project and all permits necessary for the project;

(2) whether a land use permit is required by chapter 151 of this title; and

(3) a project identification number assigned by the Secretary, for use on all applications, notices, permits, and decisions issued by the Secretary.

(c) Project review sheet. The project review sheet shall be prepared based on the information submitted by the project applicant. If, based on supplemental information, or for other good cause, the Secretary determines that a project will require other permits or the District Coordinator determines that a land use permit under chapter 151 of this title is required, notwithstanding the fact that the permit requirement did not appear on the initial project review sheet, the project review sheet shall be amended. Any failure by the applicant, Secretary, or a District Coordinator to identify on the project review sheet a required permit or authorization issued by the Secretary, or a land use permit issued under 10 V.S.A. chapter 151, shall not constitute a waiver of jurisdiction.

(d) Project scoping meeting. If the applicant elects to initiate a project scoping process upon completion of the project review sheet or submittal of the first permit application at either the local or State level, the applicant shall schedule a project scoping meeting.

(e) Notice of project scoping meeting. The applicant shall notice the proposed project scoping meeting, at least 30 days prior to the date of the meeting, by sending a copy of the project review sheet by first class mail, postage prepaid, to each of the following: the owner of the land where the project is located if the applicant is not the owner; the municipality in which the project is located; the Municipal and Regional Planning Commissions for any municipality in which the project is located; if the project site is located on a boundary, any Vermont municipality adjacent to that boundary and the Municipal and Regional Planning Commissions for that municipality; any state agency identified on the project scoping sheet as being affected by the project; and all adjoining landowners and residents. In addition, the applicant shall assure that this notice is published in a newspaper of general circulation in the area of the proposed project. The applicant shall furnish by affidavit to the Secretary the names of those furnished notice.

(f) Project scoping meeting. The applicant or a representative of the applicant shall be present at the meeting. The following persons should be present at the scoping meeting: the Secretary or the Secretary’s designee; the District Coordinator, if the proposed project will require a land use permit under 10 V.S.A chapter 151; and a representative of a local permitting authority or a member of the selectboard of the town in which the project is located, if no local permitting authority exists. No person who is to participate as a decision maker on a municipal panel that will consider an application related to the project that is subject of the scoping meeting may act as a municipal representative under this subsection. At the meeting, the applicant or a representative of the applicant shall present a description of the proposed project and be available for questions from the public concerning the proposed project. The purpose of the meeting shall be to provide public information and increase notice about the project, allow discussion of the proposed project, and identify potential issues at the beginning of the project review process. The applicant shall provide copies of the project review sheet to persons attending the meeting. (Added 2003, No. 115 (Adj. Sess.), § 6.)
§ 2840. Wind energy generation; State lands

(a) Wind energy generation facilities can provide an important combination of environmental, energy, and economic benefits to the State. Given these benefits, and the fact that the State has allowed other types of facilities to be sited on State lands, it is reasonable to site wind energy generation facilities on State lands, including wind energy generation facilities that are of commercial scale, if such siting does not directly conflict with a specific restriction in federal or State law or with a specific restriction or covenant contained in a conveyance of an interest in the property to the State or one of its agencies or departments, and if sites for wind energy on State lands are chosen and developed in a manner that maximizes energy production and minimizes environmental and aesthetic impacts.

(b) The existing policy of the Agency, entitled “Wind Energy and Other Renewable Energy Development on ANR Lands” (Dec. 2004) (the existing policy) shall not bar the Agency from considering any proposal to construct a meteorological station or wind energy generation facility, including a wind energy generation facility of commercial scale, on lands that the Agency owns or controls. If the Agency receives such a proposal, the Agency shall review the proposal within a reasonably prompt period and provide the entity making the proposal with information regarding the feasibility of and potential constraints that may apply to the proposal. The Agency also shall consider the potential costs and benefits of the proposal to the State of Vermont, including any benefits or impacts that would be derived from leasing State lands to the entity making the proposal.

(c) On receipt of significant new information on the existing policy or on wind energy generation on State lands, the Agency shall undertake a review of that policy and determine if a change in the policy is warranted. During that review, the Agency shall solicit the comments and recommendations of wind energy developers, renewable energy organizations, and other potentially affected entities.

(d) No later than February 15, 2010, the Agency shall report to the House and Senate Natural Resources and Energy Committees on at least each of the following:

(1) The Agency shall identify whether significant new information on the existing policy or on wind energy generation on State lands was received by the Agency after April 2, 2009.

(2) The Agency shall state whether, after April 2, 2009, it undertook a review of the existing policy.

(3) If the Agency undertook a review of the existing policy after April 2, 2009, the Agency shall summarize each conclusion reached by the Agency as a result of that review and the reasons for each such conclusion.

(4) The Agency shall state whether, after April 2, 2009, it made any changes in the existing policy and summarize each such change.

(5) The Agency shall state whether it has received any proposals for construction and operation of meteorological stations or wind energy generation facilities on State lands.

(6) If the Agency received any proposals for construction and operation of meteorological stations or wind energy generation facilities on State lands, the Agency shall provide a summary of each such proposal and the Agency’s response to each such proposal. (Added 2009, No. 45, § 8, eff. May 27, 2009.)

Subchapter 003: Commissioners and Directors
§ 2851. Commissioners—Appointment; term

The Secretary, with the approval of the Governor, shall appoint a commissioner of each department, who shall be the chief executive and administrative officer and head of the department and shall serve at the pleasure of the Secretary. The term of the commissioner shall be concurrent with that of the Secretary. (Added 1969, No. 246 (Adj. Sess.), § 5(a), eff. June 1, 1970.)
§ 2852. Mandatory duties

(a) The commissioner shall, with approval of the Secretary determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration.

(b) In addition to other duties imposed by law, the Commissioner shall:

(1) administer the laws assigned to the department;

(2) coordinate and integrate the work of the divisions;

(3) supervise and control all staff functions. (Added 1969, No. 246 (Adj. Sess.), § 5(b), (c), eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 5.)
§ 2853. Permissive duties; approval of Secretary

The commissioner with the approval of the Secretary, may:

(1) Transfer appropriations or parts thereof within or between divisions and branches, consistent with the purposes for which the appropriations were made.

(2) Transfer classified positions within or between divisions subject only to State personnel laws and regulations.

(3) Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department.

(4) Submit plans and reports, and in other respects comply with federal law and regulations which pertain to programs administered by the department.

(5) Make regulations consistent with law for the internal administration of the department and its programs.

(6) Appoint a deputy commissioner. The provisions of subsections 253(d) and (e) of this title shall apply.

(7) Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding his or hers.

(8) Provide training and instruction for any employees of the department, at the expense of the department, in educational institutions or other places.

(9) Organize, reorganize, transfer, or abolish divisions, staff functions, or sections within the department. This authority shall not extend to divisions or other bodies created by law. (Added 1969, No. 246 (Adj. Sess.), § 5(d), eff. June 1, 1970.)
§ 2854. Directors

(a) A director shall administer each division within the Agency. The commissioners, with the approval of the Secretary, shall appoint the directors for divisions which are part of a department, and the Secretary shall appoint any other directors. All directors shall be appointed subject to the provisions of section 15 of this act.

(b) Each division and its officers shall be under the direction and control of the commissioner or the Secretary, except with regard to judicial or quasi-judicial acts or duties vested in them by law.

(c) No regulation may be issued by a director of a division without the approval of the commissioner or his or her designee and the Secretary. (Added 1969, No. 246 (Adj. Sess.), § 6(a), (c), (d), eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 6.)

Subchapter 004: Departments, Divisions, and Boards
§ 2871. Department of Fish and Wildlife

The Department of Fish and Wildlife is reconstituted within the Agency of Natural Resources as the successor to and the continuation of the Department of Fish and Wildlife. Fish and wildlife funds shall be used only for the purposes of the Department. (Added 1969, No. 246 (Adj. Sess.), § 7, eff. June 1, 1970; amended 1983, No. 158 (Adj. Sess.), eff. April 3, 1984; 1987, No. 76, § 18.)
§ 2872. Department of Forests, Parks and Recreation

The Department of Forests, Parks and Recreation is reconstituted within the Agency of Natural Resources as the successor to and the continuation of the Department of Forests and Parks and the Division of Recreation; including the Board of Forests, Parks and Recreation with jurisdiction over Camel’s Hump Forest Reserve Commission, Northeast Forest Fire Protection Commission, and the Forest Resource Advisory Council. (Added 1969, No. 246 (Adj. Sess.), § 8, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 7; 1987, No. 76, § 18.)
§ 2873. Department of Environmental Conservation

(a) The Department of Environmental Conservation is created within the Agency of Natural Resources. The Department is the successor to and continuation of the Department of Water Resources and Environmental Engineering and shall administer the Water Resources Programs contained in Title 10, air pollution control and abatement as provided in 10 V.S.A. chapter 23, and waste disposal as provided in 10 V.S.A. chapter 159.

(b) The Department may perform design and construction supervision services for major maintenance and capital construction projects for the Agency and all of its components.

(c) [Repealed.]

(d) Nothing in this section shall prevent the Commissioner of Public Safety from exercising the Commissioner’s authority to regulate public buildings.

(e), (f) [Repealed.]

(g) There is created within the Department of Environmental Conservation the Small Business Technical and Environmental Compliance Assistance Program. This Program shall include each element specified in section 507(a) of the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and shall also be authorized to assist small businesses in similar fashion with regard to their obligations under all other environmental legislation administered by the Department.

(h) [Repealed.] (Added 1969, No. 246 (Adj. Sess.), § 11, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 8; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1983, No. 193 (Adj. Sess.), § 2, eff. April 27, 1984; 1987, No. 76, §§ 15, 16; 1987, No. 268 (Adj. Sess.), § 2, eff. June 21, 1988; 1991, No. 100, § 10; 1993, No. 92, § 9; 2001, No. 94 (Adj. Sess.), § 1, eff. May 2, 2002; 2001, No. 133 (Adj. Sess.), § 14, eff. June 13, 2002; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2009, No. 135 (Adj. Sess.), § 26(2)(D); 2015, No. 97 (Adj. Sess.), § 7; 2017, No. 190 (Adj. Sess.), § 22, eff. May 28, 2018; 2021, No. 52, § 7, eff. June 3, 2021; 2023, No. 6, § 6, eff. July 1, 2023.)
§ 2874. Repealed. 1983, No. 193 (Adj. Sess.), § 9, eff. April 27, 1984.
§ 2875. Repealed. 1979, No. 159 (Adj. Sess.), § 21.
§ 2876. Administrative Services Division

(a) The Administrative Services Division of the Agency is created. It shall be administered by a Director of Administrative Services who shall be in the classified service.

(b) The Administrative Services Division shall provide the following services to the Agency and all its components, including components assigned to it for administration:

(1) personnel administration;

(2) coordination of financing and accounting activities;

(3) coordination of filing and records maintenance activities;

(4) provision of facilities, office space, and equipment and the care thereof;

(5) requisitioning from the Department of Buildings and General Services of the Agency of Administration of supplies, equipment, and other requirements;

(6) management improvement services; and

(7) other administrative functions assigned to it by the Secretary.

(c) Other provisions of law notwithstanding, all administrative service functions delegated to other components of the Agency shall be performed within the Agency by the Administrative Services Division. (Added 1969, No. 246 (Adj. Sess.), § 13, eff. June 1, 1970; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)
§ 2877. Planning Division

(a) The Planning Division of the Agency is created. It shall be administered by a Director of Planning.

(b) The Planning Division shall be responsible for:

(1) centralized strategic planning for all components of the Agency;

(2) coordination of professional and technical planning of the line components of the Agency, aiming towards maximum service to the public;

(3) coordinating activities and plans of the Agency with other major agencies and the Governor’s office;

(4) preparing multi-year plans and long-range plans and programs to meet problems and opportunities for service to the public;

(5) other planning functions assigned to it by the Secretary.

(c) [Repealed.] (Added 1969, No. 246 (Adj. Sess.), § 14, eff. June 1, 1970; amended 1975, No. 254 (Adj. Sess.), § 144; 1977, No. 113, § 356; 1989, No. 245 (Adj. Sess.), § 6.)
§ 2878. Repealed. 2003, No. 115 (Adj. Sess.), § 119(b), eff. January 1, 2005.
§ 2879. Division of Geology and Mineral Resources

The Division of Geology and Mineral Resources is created. It shall be administered by a director who shall be the State Geologist. (Added 1989, No. 245 (Adj. Sess.), § 2.)

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