§ 1079. Purpose
It is the purpose of this chapter to protect public safety and provide for the public
good through the inventory, inspection, and evaluation of dams in the State. (Added 2017, No. 161 (Adj. Sess.), § 1.)
§ 1080. Definitions
As used in this chapter:
(1) “Department” means the Department of Environmental Conservation.
(2) “Person” means any individual; partnership; company; corporation; association; joint
venture; trust; municipality; the State of Vermont or any agency, department, or subdivision
of the State; any federal agency; or any other legal or commercial entity.
(3) “Interested person” means, in relation to any dam, a person who has riparian rights
affected by that dam; who has a substantial interest in economic or recreational activity
affected by the dam; or whose safety would be endangered by a failure of the dam.
(4) “Engineer” means a professional engineer licensed under Title 26 who has experience
in the design and investigation of dams.
(5) “Time” shall be reckoned in the manner prescribed by 1 V.S.A. § 138.
(6)(A) “Dam” means any artificial barrier, including its appurtenant works, that is capable
of impounding water, other liquids, or accumulated sediments.
(B) “Dam” includes an artificial barrier that meets all of the following:
(i) previously was capable of impounding water, other liquids, or accumulated sediments;
(ii) was partially breached; and
(iii) has not been properly removed or mitigated.
(C) “Dam” does not mean:
(i) barriers or structures created by beaver or any other wild animal as that term is
defined in section 4001 of this title;
(ii) transportation infrastructure that has no normal water storage capacity and that impounds
water only during storm events;
(iii) an artificial barrier at a stormwater management structure that is regulated by the
Agency of Natural Resources under chapter 47 of this title;
(iv) an underground or elevated tank to store water otherwise regulated by the Agency of
Natural Resources;
(v) an agricultural waste storage facility regulated by the Agency of Agriculture, Food
and Markets under 6 V.S.A. chapter 215; or
(vi) any other structure identified by the Department by rule.
(7) “Federal dam” means:
(A) a dam owned by the United States; or
(B) a dam subject to a Federal Energy Regulatory Commission license or exemption.
(8) “Intake structure” means a dam that is constructed and operated for the primary purposes
of minimally impounding water for the measurement and withdrawal of streamflow to
ensure use of the withdrawn water for snowmaking, potable water, irrigation, or other
purposes approved by the Department.
(9) “Nonfederal dam” means a dam that is not a federal dam.
(10) “Dam removal” means all actions needed to eliminate the risk of dam failure-related
inundation below the dam and include partial or complete structural removal to the
extent that the dam is no longer capable of impounding water, liquid, or sediment. (Added 1981, No. 242 (Adj. Sess.), § 1; amended 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 22; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1081. Jurisdiction of Department
(a) Powers and duties. Unless otherwise provided, the powers and duties authorized by this chapter shall
be exercised by the Department of Environmental Conservation. Nonfederal dams at which
the generation of electric energy is subject to licensing jurisdiction under the Federal
Power Act, 16 U.S.C. chapter 12, subchapter 1, and the dam structure is regulated
separately from electric generation shall be under the jurisdiction of the Department,
except to the extent of regulation at those facilities related solely to electric
generation under the Federal Power Act.
(b) Transfer of jurisdiction. Jurisdiction over a federal dam is transferred to the Department when the license
or exemption for a federal dam expires or is otherwise.
(c) Transfer of records. Upon transfer of jurisdiction of any dam from the Public Utility Commission to the
Department, the Public Utility Commission shall transfer copies of all records pertaining
to the subject dam, including record drawings, construction drawings, engineering
investigations and analyses, photographs, inspection reports, design, permitting,
and emergency action planning documents and any other files pertaining to the subject
dam, to the Department in digital and hardcopy format acceptable to the Department
within 30 days following the jurisdictional transfer. (Amended 1959, No. 203; 1959, No. 329 (Adj. Sess.), § 39, eff. March 1, 1961; 1961, No. 100, § 2; 1981, No. 242 (Adj. Sess.), § 2; 2017, No. 161 (Adj. Sess.), § 1; 2021, No. 42, § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1082. Authorization
(a) No person shall construct, enlarge, raise, lower, remodel, reconstruct, or otherwise
alter any nonfederal dam, pond, or impoundment or other structure that is or will
be capable of impounding more than 500,000 cubic feet of water or other liquid after
construction or alteration, or remove, breach, or otherwise lessen the capacity of
an existing nonfederal dam that is or was capable of impounding more than 500,000
cubic feet within or along the borders of this State where land in this State is proposed
to be overflowed, or at the outlet of any body of water within this State, unless
authorized by the Department, provided that an application for activities that require
authorization under 30 V.S.A. § 248 also shall be approved by the Public Utility Commission. However, in the matter of
flood control projects where cooperation with the federal government is provided for
by the provisions of section 1100 of this title, that section shall control.
(b) For the purposes of this chapter, the volume a dam or other structure is capable of
impounding is the volume of water or other liquid, including any accumulated sediments,
controlled by the structure with the water or liquid level at the top of the lowest
nonoverflow part of the structure.
(c) An intake structure in existence on July 1, 2018 that continues to operate in accordance
with a valid Department permit or approval that contains requirements for inspection
and maintenance subject to section 1105 of this title shall have a rebuttable presumption of compliance with the requirements of this chapter
and rules adopted under this chapter, provided that no presumption of compliance shall
apply if one or both of the following occur on or after July 1, 2018:
(1) the owner or operator of the intake takes an action that requires authorization under
this section; or
(2) the Department issues an order under section 1095 of this title directing reconstruction, repair, removal, breaching, draining, or other action it
considers necessary to improve the safety of the dam. (Amended 1975, No. 179 (Adj. Sess.), § 1; 1981, No. 242 (Adj. Sess.), § 3; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1083. Application
(a) Any person who proposes to undertake an action subject to regulation pursuant to section 1082 of this title shall apply in writing to the Department. The application shall set forth:
(1) the location; the height, length, and other dimensions; and any proposed changes to
any existing dam;
(2) the approximate area to be overflowed and the approximate number of or any change
in the number of cubic feet of water to be impounded;
(3) the plans and specifications to be followed in the construction, remodeling, reconstruction,
altering, lowering, raising, removal, breaching, or adding to;
(4) any change in operation and maintenance procedures; and
(5) other information that the Department considers necessary to review the application.
(b) The plans and specifications shall be prepared under the supervision of an engineer. (Amended 1959, No. 329 (Adj. Sess.), § 23(d), eff. March 1, 1961; 1975, No. 179 (Adj. Sess.), § 2; 1981, No. 242 (Adj. Sess.), § 4; 2015, No. 150 (Adj. Sess.), § 12, eff. Jan. 1, 2018; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1083a. Repealed. 2017, No. 161 (Adj. Sess.), § 1.
§ 1084. Department of Fish and Wildlife; investigation
The Commissioner of Fish and Wildlife shall investigate the potential effects on fish
and wildlife habitats of any proposal subject to section 1082 of this title and shall certify the results to the Department prior to any hearing or meeting relating
to the determination of public good and public safety. (Amended 1975, No. 179 (Adj. Sess.), § 3; 1981, No. 242 (Adj. Sess.), § 6; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1085. Notice of application
Upon receipt of the application required by section 1082 of this title, the Department shall give notice to the legislative body of each municipality in
which the dam is located and to all interested persons. The Department shall provide
notice of and an opportunity for public comment in accordance with chapter 170 of
this title. (Amended 1981, No. 242 (Adj. Sess.), § 7; 2015, No. 150 (Adj. Sess.), § 13, eff. Jan. 1, 2018; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1086. Determination of public good; certificates
(a) “Public good” means the greatest benefit of the people of the State. In determining
whether the public good is served, the Department shall give due consideration to
public safety and, among other things, the effect the proposed project will have on:
(1) the quantity, kind, and extent of cultivated agricultural land that may be rendered
unfit for use by or enhanced by the project, including both the immediate and long-range
agricultural land use impacts;
(2) scenic and recreational values;
(3) fish and wildlife;
(4) forests and forest programs;
(5) [Repealed.]
(6) the existing uses of the waters by the public for boating, fishing, swimming, and
other recreational uses;
(7) the creation of any hazard to navigation, fishing, swimming, or other public uses;
(8) the need for cutting clean and removal of all timber or tree growth from all or part
of the flowage area;
(9) the creation of any public benefits;
(10) attainment of the Vermont water quality standards;
(11) any applicable State, regional, or municipal plans;
(12) municipal grand lists and revenues; and
(13) in the case of the proposed removal of a dam that formerly related to or was incident
to the generation of electric energy, but that was not subject to a memorandum of
understanding dated prior to January 1, 2006 relating to its removal, the potential
for and value of future power production.
(b) If the Department finds that the project proposed under section 1082 of this title will serve the public good and, in case of any waters designated by the Secretary
as outstanding resource waters, will preserve or enhance the values and activities
sought to be protected by designation, the agency shall issue its order approving
the application. The order shall include conditions for attainment of water quality
standards, as determined by the Agency of Natural Resources, and such other conditions
as the Department considers necessary to protect any element of the public good listed
in subsection (a) of this section. Otherwise, it shall issue its order disapproving
the application.
(c) The Department shall provide the applicant and interested persons with copies of its
order.
(d) In the case of a proposed removal of a dam that is under the jurisdiction of the Department
and that formerly related to or was incident to the generation of electric energy
but that was not subject to a memorandum of understanding dated before January 1,
2006 relating to its removal, the Department shall consult with the Department of
Public Service regarding the potential for and value of future power production at
the site. (Amended 1969, No. 281 (Adj. Sess.), § 10; 1975, No. 179 (Adj. Sess.), § 4; 1981, No. 242 (Adj. Sess.), § 8; 1987, No. 67, § 13; 1987, No. 76, § 18; 2005, No. 208 (Adj. Sess.), § 4; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1087. Review of plans and specifications
For any proposal subject to authorization under section 1082 of this title, the Department shall require an engineer to investigate the property, review the
plans and specifications, and make additional investigations as the Department considers
necessary to ensure that the project adequately provides for the public safety. The
engineer conducting an investigation under this section shall be an employee of the
Department or shall be operating under the supervision of the Department as an independent
consultant hired by either the Department or the project proponent. The engineer shall
report the engineer’s findings to the Department. (Amended 1981, No. 242 (Adj. Sess.), § 9; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1088. Repealed. 1975, No. 179 (Adj. Sess.), § 6.
§ 1089. Employment of engineer
The Department shall employ engineers to perform the duties required under this chapter
to adequately provide for public safety. (Amended 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1090. Construction supervision
The construction, alteration, or other action authorized in section 1086 of this title shall be supervised by an engineer employed by the applicant. Upon completion of
the authorized project, the engineer shall provide confirmation to the Department
that the project has been completed in general accordance with the approved plans
and specifications and dam order conditions. (Amended 1981, No. 242 (Adj. Sess.), § 10; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§§ 1091-1094. Repealed. 1981, No. 242 (Adj. Sess.), § 18.
§ 1095. Unsafe dam; petition; hearing; emergency
(a) On receipt of a petition signed by not fewer than 10 interested persons or the legislative
body of a municipality, the Department shall, or upon its own motion it may, institute
investigations by an engineer as described in section 1087 of this title regarding the safety of any existing nonfederal dam or portion of the dam of any
size. The Department may fix a time and place for hearing and shall give notice in
the manner it directs to all interested persons. The engineer shall present the engineer’s
findings and recommendations at the hearing. After the hearing, if the Department
finds that the nonfederal dam or portion of the dam as maintained or operated is unsafe
or is a menace to people or property above or below the dam, it shall issue an order
directing reconstruction, repair, removal, breaching, draining, or other action it
considers necessary to improve the safety of the dam sufficiently to protect life
and property as required by the Department.
(b) If, upon the expiration of a date as may be ordered, the person owning legal title
to the dam or the owner of the land on which the dam is located has not complied with
the order directing the reconstruction, repair, breaching, removal, draining, or other
action of the unsafe dam, the Department may petition the Superior Court in the county
in which the dam is located to enforce its order or exercise the right of eminent
domain to acquire the rights that may be necessary to effectuate a remedy as the public
safety or public good may require. If the order has been appealed, the court may prohibit
the exercise of eminent domain by the Department pending disposition of the appeal.
(c) If, upon completion of the investigation described in subsection (a) of this section,
the Department considers the dam to present an imminent threat to human life or property,
it shall take whatever action it considers necessary to protect life and property
and subsequently shall conduct the hearing described in subsection (a) of this section. (Amended 1959, No. 329 (Adj. Sess.), § 39, eff. March 1, 1961; 1961, No. 100, § 2; 1969, No. 281 (Adj. Sess.), § 12; 1981, No. 242 (Adj. Sess.), § 11; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1096. Repealed. 1981, No. 242 (Adj. Sess.), § 18.
§§ 1097, 1098. Repealed. 2017, No. 161 (Adj. Sess.), § 1.
§ 1099. Appeals
Appeals of any act or decision of the Department under this chapter shall be made
in accordance with chapter 220 of this title. (Amended 1981, No. 242 (Adj. Sess.), § 15; 2001, No. 94 (Adj. Sess.), § 3; 2003, No. 115 (Adj. Sess.), § 23, eff. Jan. 31, 2005; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1100. Federal cooperation
As a basis for cooperation with the federal government and its duly established agencies
in the matter of flood control, the State defines its policy with reference to flood
control developments as follows:
(1) [Repealed.]
(2) Where such flood control project is strictly for flood control purposes, no village
or city in this State shall be inundated, flooded, or destroyed thereby.
(3) Adequate compensation shall be made to any town whose grand list shall be substantially
adversely affected by such strictly flood control project for the loss of its tax
revenue.
(4) Where cultivated agricultural lands in excess of 100 acres are to be taken for the
purposes of a flood control project, or the recreational development of the State
or the economy of the river basin involved may be affected thereby, the Department
shall provide notice, an opportunity to submit comments, and an opportunity to request
a public meeting in accordance with section 7713 (Type 2 Procedures) of this title.
The Department shall determine the effect the flood control project will have upon
agricultural land uses or recreational values in this State, or upon the economy of
the river basin involved, and report its findings and recommendations to the proper
federal agency or authority having the flood control project in charge for its consideration
and recognition. The Department shall post its findings and recommendations as a final
decision in accordance with chapter 170 of this title. (Amended 1959, No. 329 (Adj. Sess.), § 39, eff. March 1, 1961; 1961, No. 100, § 2; 1981, No. 242 (Adj. Sess.), § 16; 2015, No. 150 (Adj. Sess.), § 14, eff. Jan. 1, 2018; 2021, No. 42, § 2.)
§ 1101. Repealed. 1959, No. 35, § 2, eff. March 12, 1959.
§ 1102. Federal receipts, distribution
All sums of money that the State receives from the United States under the provisions
of section 701c-3 of Title 33 of the United States Code, as the same may be amended, being a portion of the rentals
of property acquired and owned by the United States for purposes of flood control
dams and reservoirs, shall be distributed to the municipality or political subdivision
in which the dams and reservoirs are located. The Department shall administer payment
of money so received and the Commissioner of Finance and Management shall issue his
or her warrants on orders of the Department. (Added 1959, No. 35, § 1, eff. March 12, 1959; amended 1959, No. 328 (Adj. Sess.), § 8; 1961, No. 100, § 2; 1981, No. 242 (Adj. Sess.), § 17; 1983, No. 195 (Adj. Sess.), § 5(b).)
§ 1103. Approval for flood control dams
(a) No department or agency of the federal government shall construct any flood control
dam that is within the State of Vermont, either in whole or in part, or cause any
land within the State of Vermont to be overflowed through the operation of a flood
control dam located outside the State, except with the approval of the Governor and
the General Assembly.
(b) For purposes of this section “flood control dam” means any dam that has among its
principal purposes the prevention or control of floods either within or without the
State, or that is financed in whole or in part with funds appropriated, allocated,
or made available under a federal flood control program, excepting programs under
Public Law 83-566, known as the Watershed Protection and Flood Prevention Act. (Added 1971, No. 167 (Adj. Sess.), § 3.)
§ 1104. Repealed. 1989, No. 98, § 4(b).
§ 1105. Inspection of dams
(a) Inspection; schedule. All nonfederal dams in the State shall be inspected according to a schedule adopted
by rule by the Department.
(b) Dam inspection. A nonfederal dam in the State shall be inspected under one or both of the following
methods:
(1) The Department may employ an engineer to make periodic inspections of nonfederal dams
in the State to determine their condition and the extent, if any, to which they pose
a possible or probable threat to life and property.
(2) The Department shall adopt rules pursuant to 3 V.S.A. chapter 25 to require an adequate
level of inspection by an independent engineer.
(c) Dam safety reports. If a dam inspection report is completed by the Department, the Department shall provide
the person owning legal title to the dam or the owner of the land on which the dam
is located with a copy of the inspection report and shall make all inspection reports
available on the Department website for public review. For dams owned by the State,
the Department shall provide the inspection report to the designated point of contact
for the dam at the State entity owning the dam and make the information available
to the public on the Department website.
(d) Notice of unsafe State dam. Notwithstanding the timing for submission of a dam safety report under subsection
(c) of this section, if the Department determines that a State dam is unsafe and in
need of repair or removal, the Department shall immediately notify the designated
point of contact of the State entity that owns the dam and make this information available
to the public on the Department website. (Added 1981, No. 242 (Adj. Sess.), § 13; amended 1985, No. 60; 2015, No. 23, § 98; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1106. Dam Safety Revolving Loan Fund
(a) There is hereby established a special fund to be known as the Vermont Dam Safety Revolving
Loan Fund that shall be used to provide low- or zero-interest loans, including subsidized
loans as established under subsection (b) of this section and the rules adopted under
section 1110 of this title, pursuant to rules adopted by the Agency of Natural Resources, for the reconstruction,
repair, removal, breaching, draining, or other action necessary to reduce the risk
of a dam.
(b) Funds from the Dam Safety Revolving Loan Fund shall be available for both emergency
and nonemergency projects. To be eligible for a Dam Safety Loan, the dam shall meet
the conditions associated with the funding type:
(1) Emergency funding. To provide emergency funding for critical, time-sensitive temporary safety or risk
reduction measures such as reservoir drawdown, partially or fully breaching the dam,
stabilization or buttressing of the dam, including engineering and emergency action
planning activities. To be eligible for emergency funding, the dam must meet the following
criteria:
(A) The dam must be under the regulatory jurisdiction of the DEC Dam Safety Program, including
dams owned by the State of Vermont.
(B) The dam must be in need of critical time-sensitive safety or risk reduction measures
in order to protect public safety and property, or be a dam found to be unsafe or
a menace to public safety under section 1095 of this title. The Dam Safety Program shall be able to access the fund on behalf of owners in cases
of emergency, immediate need, or in the case of unwilling or unable dam owners.
(2) Nonemergency funding. For permanent safety or risk reduction projects such as repair, rehabilitation, or
removal, including engineering, analyses, design, and construction. To be eligible
for nonemergency funding, the dam must meet the following criteria:
(A) The dam must be under the regulatory jurisdiction of the DEC Dam Safety Program, excluding
dams owned by the State of Vermont.
(B) The dam must be classified as a significant or high-hazard potential dam and in fair,
poor, or unsatisfactory condition based on the last periodic or comprehensive inspection.
(C) For funding for nonemergency repair or rehabilitation projects, the dam owner shall
provide an operation and maintenance plan and dam safety compliance schedule as well
as financial information to show sufficient resources are available to maintain the
dam and comply with the dam safety rules after the completion of repairs or the rehabilitation
project.
(D) For funding for nonemergency construction, the applicant shall provide proof that
applicable local, State, and federal permits have been obtained, including the State
Dam Safety Order.
(E) To be eligible for nonemergency funding, an alternatives analysis of dam repair, rehabilitation,
and removal options that considers an evaluation of risk reduction, dam safety and
ecological resilience and public benefits considerations, and costs shall be completed,
pursuant to the rule adopted by the Department.
(F) Under this subdivision (b)(2), only engineering, analysis, design, and construction
that result in acceptable risk reduction are eligible for loan subsidy.
(c) The Fund created by this section shall be established and held separate and apart
from any other funds or monies of the State and shall be used and administered exclusively
for the purposes set forth in this section. The funds shall be invested in the same
manner as permitted for investment of funds belonging to the State or held in the
Treasury. The Fund shall consist of the following:
(1) such sums as may be appropriated or transferred thereto from time to time by the General
Assembly, the Emergency Board, or the Joint Fiscal Committee during such times as
the General Assembly is not in session;
(2) principal and interest received from the repayment of loans made from the Fund;
(3) capitalization grants and awards made to the State by the United States of America
for the purposes for which the Fund has been established;
(4) interest earned from the investment of Fund balances;
(5) private gifts, bequests, and donations made to the State for the purposes for which
the Fund has been established; and
(6) other funds from any public or private source intended for use for any of the purposes
for which the Fund has been established.
(d) The Secretary may bring an action under this subsection or other available State and
federal laws against the owner of the dam to seek reimbursement to the Fund for all
loans made from the Fund pursuant to this section.
(e)(1) Annually, on or before January 31, the Department shall report to the House Committee
on Environment and the Senate Committee on Natural Resources and Energy regarding
operation and administration of the Dam Safety Program. The report shall include:
(A) details on all emergency and nonemergency loans made from the Dam Safety Fund during
the previous year;
(B) a description of each project funded from the Dam Safety Fund, including dam name,
town and waterbody in which the dam is located, hazard classification, dam condition,
details of the repair or removal, year of the last and next Department inspection,
project cost, loan amount, and repayment terms;
(C) for emergency loans, justification for the emergency and an explanation why action
was needed to be undertaken immediately using State funds; and
(D) a projection of loan repayment income to the Fund.
(2) The Department shall post reports made under this subsection to its website on the
same date the report is submitted to the General Assembly. (Added 2003, No. 121 (Adj. Sess.), § 66, eff. June 8, 2004; amended 2013, No. 34, § 6a; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1107. Hazard potential classifications
(a) The Department shall assess the hazard potential classification of all nonfederal
dams listed in the Vermont Dam Inventory based on the potential loss of human life,
property damage, and economic loss that would occur in the event of the failure of
the dam. There shall be four hazard potential classifications: high, significant,
low, and minimal.
(b) The Department may assess or reassess the hazard potential classification of the dam
at any time. (Added 2017, No. 161 (Adj. Sess.), § 1; amended 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1108. Dam inventory; registration
(a) Dam inventory. The Department of Environmental Conservation shall maintain a current inventory of
all known dams in the State of Vermont. The Department of Environmental Conservation
shall update and publish the Vermont Dam Inventory annually and shall include information
collected in the Inventory as part of the Agency of Natural Resources’ Natural Resources
Atlas.
(b) Dam registration. If a dam is listed on the Vermont Dam Inventory and is under the jurisdiction of the
Department, the person owning legal title to a dam or the person owning the land on
which the dam is located shall, upon request of the Department, submit information
to the Department regarding the dam, including the condition of the dam, whether and
when the dam has been inspected, and any other information that the Department may
require to ensure public safety. A person who fails to comply with the request of
the Department under this section shall be subject to a civil penalty under chapter
201 of this title. (Added 2017, No. 161 (Adj. Sess.), § 1.)
§ 1109. Marketability of title
The failure of the person owning legal title to a dam or the owner of the land on
which the dam is located to record a dam registration or a dam inspection report when
required under this chapter or rules adopted under this chapter shall not create an
encumbrance on record title or an effect on marketability of title for the real estate
property or properties on which the dam is located. (Added 2017, No. 161 (Adj. Sess.), § 1.)
§ 1110. Rulemaking
The Commissioner of Environmental Conservation shall adopt rules to implement the
requirements of this chapter for dams under the jurisdiction of the Department. The
rules shall include:
(1) a standard or regulatory threshold under which a dam is exempt from the registration
or inspection requirements of this chapter;
(2) standards for:
(A) the siting, design, construction, reconstruction, enlargement, modification, or alteration
of a dam;
(B) operation and maintenance of a dam;
(C) inspection, monitoring, record keeping, and reporting;
(D) repair, breach, or removal of a dam;
(E) application for authorization under section 1082 of this title; and
(F) the development of an emergency action plan for a dam, including guidance on how to
develop an emergency action plan, the content of a plan, and when and how an emergency
action plan should be updated;
(3) criteria for the hazard potential classification of dams in the State;
(4) a process by which a person owning legal title to a dam or a person owning the land
on which the dam is located shall register a dam and record the existence of the dam
in the lands records;
(5) requirements for the person owning legal title to a dam or the person 2024 owning
the land on which the dam is located to conduct inspections of the dam; and
(6) requirements for access to financing and subsidy from the Dam Safety Revolving Loan
Fund, including the requirement that an alternatives analysis be performed by an engineering
consultant hired by either the dam owner or the Department. (Added 2017, No. 161 (Adj. Sess.), § 1; amended 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1111. Repealed. 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.
(Added 2017, No. 161, § 1, eff. July 1, 2023; repealed by 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)