The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 049A: Lake Shoreland Protection Standards

• § 1441. Purpose

  The purposes of this chapter shall be to:

  (1) provide clear and adaptable standards for the creation of impervious surface or cleared area in lands adjacent to lakes;

  (2) prevent degradation of water quality in lakes and preserve natural stability of shoreline;

  (3) protect aquatic biota and protect habitat for wildlife and aquatic life;

  (4) mitigate, minimize, and manage any impact of new impervious surface and new cleared area on the lakes of the State;

  (5) mitigate the damage that floods and erosion cause to development, structures, and other resources in the lands adjacent to lakes;

  (6) accommodate creation of cleared areas and impervious surfaces in protected shoreland areas in a manner that allows for reasonable development of existing parcels;

  (7) protect shoreland owners’ access to, views of, and use of the State’s lakes; and

  (8) preserve and further the economic benefits and values of lakes and their adjacent shorelands. (Added 2013, No. 172 (Adj. Sess.), § 2.)

• § 1442. Definitions

  As used in this chapter:

  (1) “Agency” means the Agency of Natural Resources.

  (2) “Best management practices” means approved activities, maintenance procedures, and other practices to prevent or reduce the effects of impervious surface or cleared area on water quality and natural resources.

  (3) “Cleared area” means an area where existing vegetative cover, soil, tree canopy, or duff is permanently removed or altered. Cleared area shall not mean management of vegetative cover conducted according to the requirements of section 1447 of this title.

  (4) “Duff” means leaf litter plus small fragments of plants and organic debris that provide a spongy substrate that absorbs the energy of falling water and allows runoff to infiltrate soil.

  (5) “Expansion” means an increase or addition of impervious surface or cleared area.

  (6) “Grass lawn” means land maintained in continuous plant coverage of grasses and similar plants that are closely and regularly mowed, including meadow or pasture on nonagricultural land. “Grass lawn” does not include pasture cropland, land used to grow sod, or similar land used for agricultural production.

  (7) “Habitable structure” means a permanent assembly of materials built for the support, shelter, or enclosure of persons, animals, goods, or property, including a dwelling, a commercial or industrial building, and driveways, decks, and patios attached or appurtenant to a dwelling or commercial or industrial building. “Habitable structure” shall not mean a motor home, as that term is defined under 32 V.S.A. § 8902, tents, lean-tos, or other temporary structures.

  (8) “Highway” shall have the same meaning as in 19 V.S.A. § 1(12).

  (9) “Impervious surface” means those manmade surfaces, including paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates.

  (10) “Lake” means a body of standing water, including a pond or a reservoir, which may have natural or artificial water level control. Private ponds shall not be considered lakes.

  (11) “Management road” shall have the same meaning as in 19 V.S.A. § 1(13).

  (12) “Mean water level” means the mean water level of a lake as defined in the Mean Water Level Rules of the Agency of Natural Resources adopted under 29 V.S.A. § 410.

  (13) “Parcel” means a portion of land or a tract of land with defined boundaries created by dividing the land by sale, gift, lease, mortgage foreclosure, court-ordered partition or decree, or filing of a plat, plan, or deed in the records of the municipality where the act of division occurred.

  (14) “Private pond” means a body of standing water that is a natural water body of not more than 20 acres located on property owned by a person or an artificial water body of any size located on property owned by one person. A “private pond” shall include a reservoir specifically constructed for one of the following purposes: snowmaking storage, golf course irrigation, stormwater management, or fire suppression.

  (15) “Private road” means a road or street other than a highway, as that term is defined in 19 V.S.A. § 1(12), that is owned by one or more persons and that is used as a means of travel from a highway to more than one parcel of land.

  (16) “Project” means an act or activity that results in cleared area or the creation of impervious surface in a protected shoreland area.

  (17) “Protected shoreland area” means all land located within 250 feet of the mean water level of a lake that is greater than 10 acres in surface area.

  (18) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative.

  (19) “Slope” means the vertical rise divided by the horizontal run of a plane expressed as a percentage.

  (20) “State forest highway” shall have the same meaning as in 19 V.S.A. § 1(19).

  (21) “Stormwater runoff” means precipitation and snowmelt that does not infiltrate into the soil, including material dissolved or suspended in it, but does not include discharges from undisturbed natural terrain or wastes from combined sewer overflows.

  (22) “Vegetative cover” means mixed vegetation within the protected shoreland area, consisting of trees, shrubs, groundcover, and duff. “Vegetative cover” shall not mean grass lawns, noxious weeds designated by the Secretary of Agriculture, Food and Markets under 6 V.S.A. chapter 84, or nuisance plants, such as poison ivy and poison oak, designated by the Secretary of Natural Resources. (Added 2013, No. 172 (Adj. Sess.), § 2.)

• § 1443. Individual permit requirements for impervious surface or cleared area in a protected shoreland area

  (a) Permit requirement. A person shall not create cleared area or impervious surface in a protected shoreland area without a permit from the Secretary issued under this section, except for activities authorized to occur without a permit under section 1446 of this title.

  (b) Permit issuance. The Secretary shall issue a permit under this section if the proposed impervious surface or cleared area meets the requirements of section 1444 or 1445 of this title.

  (c) Permit process. When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

  (d) Permit condition. A permit issued under this section may include permit conditions, including authorizing a permittee, no more frequently than two times per year, to clear vegetative cover within three feet of both sides of a footpath within the protected shoreland area in order to allow access to the mean water level for maintenance or repair of recreational structures or for other activity approved by the Secretary.

  (e) Permit term. Individual permits issued under this section shall be for an indefinite term, provided that the permittee complies with the requirements of the permit and takes no additional action for which an individual permit is required.

  (f) Recording. A permit or registration issued under this chapter shall, for the purposes of having the permit or registration run with the land, be recorded in the land records of the municipality in which the impervious surface or cleared area is located.

  (g) Public recreational areas. Notwithstanding the requirements of sections 1444 and 1445 of this title, the Secretary shall issue a permit under this chapter for a public recreational area project if the permit applicant demonstrates and the Secretary finds that:

  (1) the recreational activity provides access to the water for the general public and promotes the public trust uses of the water;

  (2) the impervious surface or cleared area is necessary to achieve the recreational purpose of the project, and the project must be constructed within the protected shoreland area to achieve its recreational function; and

  (3) the project conforms with best management practices approved by the Secretary that protect the habitat and water quality of the lake while achieving the public recreational purposes. (Added 2013, No. 172 (Adj. Sess.), § 2; amended 2015, No. 150 (Adj. Sess.), § 20, eff. Jan. 1, 2018.)

• § 1444. Permit standards

  (a) Permit standards; generally. Except for permits issued under section 1445 of this title, the Secretary shall issue a permit under this chapter if the permit applicant, including the State of Vermont, demonstrates that:

  (1) cleared area or impervious surface shall be located at least 100 feet from the mean water level, except for shoreland stabilization measures designed to repair or prevent erosion or flood risks and approved by the Secretary;

  (2) cleared area or impervious surface within the protected shoreland area shall be located on a site:

  (A) with a slope of less than 20 percent; or

  (B) that will have a stable slope with minimal erosion and minimal negative impacts to water quality;

  (3)(A) no more than 20 percent of the protected shoreland area of the parcel shall consist of impervious surface; or

  (B) best management practices will be used to manage, treat, and control erosion due to stormwater runoff from that portion of impervious surface that exceeds 20 percent of the protected shoreland area;

  (4)(A) no more than 40 percent of the protected shoreland area of the parcel shall consist of cleared area, including area cleared for the purposes of creating impervious surface; or

  (B) best management practices will be used to provide erosion control, bank stability, and wildlife habitat functionally equivalent to that which would be provided by clearing less than 40 percent of the protected shoreland area; and

  (5) vegetative cover shall be managed according to the requirements of section 1447 of this title.

  (b) Repair of highway, State forest highway, management road, or private road. Under this chapter, when the repair, emergency repair, or replacement of a highway, management road, State forest highway, or private road results in the construction, creation, or expansion of impervious surface or cleared area on a property adjacent to the highway, management road, State forest highway, or private road, the impervious surface or cleared area constructed or created on the adjacent property shall not be calculated as square footage of impervious surface or cleared area for purposes of permitting or registration under this chapter.

  (c) Calculation of area. Under this chapter, the area of constructed, created, or expanded impervious surface or cleared area shall be the square footage as measured on a horizontal plane. (Added 2013, No. 172 (Adj. Sess.), § 2.)

• § 1445. Nonconforming parcels; permit standards

  (a) Permit for nonconforming parcels. A permit applicant shall comply with the requirements of subsection (b) of this section if the applicant cannot meet the standard required under subdivision 1444(a)(1) of this title on a parcel of land in existence on July 1, 2014, due to one of the following limitations:

  (1) parcel size;

  (2) the site characteristic or site limitations of the parcel, including presence of highway or rights of way and soil type; or

  (3) application of municipal setback requirement in a municipal bylaw adopted on or before July 1, 2014.

  (b) Permit standards for nonconforming parcels.

  (1) For a parcel on which there is no habitable structure, the cleared area or impervious surface shall be as far as possible from the mean water level, and at a minimum shall be no less than 25 feet from the mean water level, except for shoreland stabilization measures designed to repair or prevent erosion or flood risks and approved by the Secretary.

  (2) For a parcel on which a habitable structure is located, the expansion of any portion of the structure within 100 feet of the mean water level shall be on the side of the structure farthest from the lake, unless the Secretary determines that:

  (A) expansion on an alternate side of the structure will have an impact on water quality that is equivalent to or less than expansion of the structure on the side farthest from the lake; and

  (B) the structure is not expanded toward the mean water level.

  (3) Cleared area or impervious surface within the protected shoreland area shall be located on a site:

  (A) with a slope of less than 20 percent; or

  (B) that the permit applicant demonstrates will have a stable slope with minimal erosion and minimal negative impacts to water quality.

  (4)(A) No more than 20 percent of the protected shoreland area of the parcel shall consist of impervious surface; or

  (B) The permit applicant shall demonstrate that best management practices will be used to manage, treat, and control erosion due to stormwater runoff from that portion of impervious surface that exceeds 20 percent of the protected shoreland area.

  (5)(A) No more than 40 percent of the protected shoreland area of the parcel shall consist of cleared area, including area cleared for the purposes of creating an impervious surface; or

  (B) The permit applicant shall demonstrate that best management practices will be used to provide erosion control, bank stability, and wildlife habitat functionally equivalent to that which would be provided by clearing less than 40 percent of the protected shoreland area.

  (c) Vegetation maintenance on nonconforming parcels. A permit issued under this section for creation of cleared area or impervious surface on a nonconforming parcel shall not require compliance with the requirements of section 1447 for the management of vegetative cover.

  (d) Application process. An applicant for a permit under this section shall submit to the Secretary a form that identifies the basis of the nonconformity on the parcel. The Secretary may issue a permit under this section to an applicant who meets the requirements of subsection (b) of this section. (Added 2013, No. 172 (Adj. Sess.), § 2.)

• § 1446. Registered projects; exemptions from permitting

  (a) Allowed uses.

  (1) Registered projects. The following projects in a protected shoreland area do not require a permit under section 1444 or 1445 of this title:

  (A) The creation of no more than 100 square feet of impervious surface or cleared area, or a combination of impervious surface or cleared area, within 100 feet of the mean water level, provided that:

  (i) the owner of the property on which the impervious surface or cleared area is created registers with the Secretary, on a form provided by the Secretary that contains the name of the property owner, the address of the property, and a certification that the project meets the requirements of this subsection (a);

  (ii) the impervious surface or cleared area is located at least 25 feet from the mean water level; and

  (iii) vegetative cover shall be managed according to the requirements of section 1447 of this title.

  (B) The creation of 500 square feet or less of impervious surface, cleared area, or a combination of impervious surface and cleared area, provided that:

  (i) the owner of the property on which the impervious surface or cleared area is created registers with the Secretary a form provided by the Secretary that contains the name of the property owner, the address of the property, and a certification that the project meets the requirements of this subsection;

  (ii) the impervious surface or cleared area is at least 100 feet from the mean water level;

  (iii) any proposed cleared area or area within the protected shoreland area where an impervious surface shall be sited has a slope of less than 20 percent;

  (iv) after the completion of the project, the protected shoreland area shall consist of no more than 20 percent impervious surface; and

  (v) after the completion of the project, the protected shoreland area shall consist of no more than 40 percent cleared area, including any area cleared for the purposes of creating impervious surface.

  (2) Limit on registration per parcel. A person shall not use the registration process under this subsection to create more than a maximum total per parcel of:

  (A) 100 square feet of impervious surface or cleared area within 100 feet of the mean water level; and

  (B) 500 square feet of impervious surface or cleared area within the protected shoreland area that is at least 100 feet from the mean water level.

  (3) Effect of registration. A registration shall take effect 15 days after being filed with the Secretary, unless the Secretary requests that the person registering submit additional information that the Secretary considers necessary or the Secretary notifies the person registering that an individual permit is required.

  (4) Term. Registrations shall be for an indefinite term, provided that the person complied with the requirements of this subsection and takes no action for which an individual permit is required.

  (b) Exemptions. The following activities in a protected shoreland area do not require a permit under section 1444 or 1445 of this title:

  (1) Management of vegetative cover. Management of vegetative cover conducted in compliance with section 1447 of this title.

  (2) Removal of vegetation for recreational purposes. The cutting or removal of no more than 250 square feet of the existing vegetation under three feet in height within 100 feet of the mean water level to allow for recreational use in the protected shoreland area, provided that:

  (A) the cutting or removal of vegetation occurs at least 25 feet from the mean water level; and

  (B) other ground cover, including leaf litter and the forest duff layer, shall not be removed from the area in which cutting occurs.

  (3) Maintenance of lawns. The maintenance, but not the enlargement, of lawns, gardens, landscaped areas, and beaches in existence as of July 1, 2014.

  (4) Creation of footpaths. The creation of one footpath per parcel with a width of no greater than six feet that provides access to the mean water level. Under this subdivision, a footpath includes stairs, landings, or platforms within the authorized six-feet width.

  (5) Construction within footprint. Construction within the footprint of an impervious surface, existing as of July 1, 2014, that does not result in a net increase in the amount of impervious surface on a parcel.

  (6) Silvicultural activities. Silvicultural activities in a protected shoreland area if the silvicultural activities are in compliance with:

  (A) a forest management plan, approved by the Commissioner of Forests, Parks and Recreation, for the land in the protected shoreland area in which the silvicultural activities occur; and

  (B) the accepted management practices adopted by the Commissioner of Forests, Parks and Recreation under section 2622 of this title.

  (7) Agricultural activities. Agricultural activities on land in agricultural production on July 1, 2014, provided that:

  (A) no impervious surface shall be created or expanded in a protected shoreland area except: when no alternative outside the protected shoreland area exists, the construction of a best management practice is necessary to abate an agricultural water quality issue, and the best management practice is approved by the Secretary of Agriculture, Food and Markets under 6 V.S.A. chapter 215; and

  (B) the agricultural activities within the protected shoreland area comply with the rules adopted by the Secretary of Agriculture, Food and Markets under 6 V.S.A. chapter 215 regarding agricultural water quality, including required agricultural practices, best management practices, medium and small farm operation, and large farm operation.

  (8) Transportation infrastructure and private roads. The maintenance, emergency repair, repair, and replacement of:

  (A) Transportation infrastructure by the Vermont Agency of Transportation or by a municipality.

  (B) A private road that does not require a permit under section 1264 of this title, provided that emergency repair, repair, and replacement of the private road shall comply with the applicable water quality best management practices approved by the Secretary under 19 V.S.A. § 996 and incorporated within the Vermont Agency of Transportation town road and bridge standards for controlling stormwater runoff and direct discharges to State waters. The requirement to comply with the water quality best management practices shall apply even if the municipality in which the private road is located has not adopted the town road and bridge standards. Under this subdivision, expansion of a private road in order to allow for passage of emergency vehicles shall be considered repair that does not require a permit under section 1443 of this title.

  (9) Railroad activities. Railroad activities and facilities within the jurisdiction of federal law.

  (10) Parcel intersected by public highway. The creation or expansion of impervious surface or cleared area on a parcel within the protected shoreland area when the parcel is intersected by a highway and the impervious surface or cleared area is created or expanded on that portion of the parcel on the side of the highway away from the mean water level.

  (11) Wastewater systems and potable water supplies. Installation, maintenance, repair, or replacement of a wastewater system or potable water supply permitted by the Agency of Natural Resources under chapter 64 of this title.

  (12) Stormwater treatment. Discharges of stormwater, stormwater treatment facilities or practices, including repair or maintenance, permitted by the Agency of Natural Resources under section 1264 of this title.

  (13) Utility projects and utility lines.

  (A) The construction of projects that require a certificate of public good under 30 V.S.A. § 248 subject to the Agency of Natural Resources Riparian Buffer Guidance for Act 250 and Section 248 projects.

  (B) The routine repair and maintenance of utility lines and structures including vegetation maintenance in utility line corridors, in a protected shoreland area that are subject to 30 V.S.A. § 248, chapter 151 of this title, or a vegetation management plan approved by the Agency in a protected shoreland area. Vegetation management practices in a protected shoreland area shall be performed in accordance with a vegetation management plan approved by the Agency of Natural Resources.

  (C) The emergency repair of utility lines and poles in protected shoreland areas, provided that such repair minimizes adverse impacts to vegetation in the protected shoreland area.

  (14) Act 250 permit. Projects that have received a permit pursuant to chapter 151 of this title.

  (15) Designated downtowns and village centers. Projects in downtowns and village centers designated pursuant to 24 V.S.A. chapter 76A.

  (16) Urban and industrial redevelopment. Construction, creation, or expansion of impervious surface or cleared area within a protected shoreland area, provided that:

  (A) the area in which the impervious surface or cleared area will be constructed, created, or expanded is:

  (i) urban or industrial in nature;

  (ii) contains as of July 1, 2014 impervious surface or cleared area; and

  (iii) has been designated by municipal bylaw for redevelopment.

  (B) the municipality has adopted a shoreland bylaw or ordinance that:

  (i) is at least as stringent as the permitting requirements and exemptions of this chapter; or

  (ii) requires best management practices or other controls that are, as determined by the Secretary, functionally equivalent to compliance with the permitting requirements and exemptions of this chapter.

  (17) Mosquito control. Where mosquito populations create a public health hazard, as that term is defined in 18 V.S.A. § 2, physical practices or activities approved by the Secretary that create cleared area or remove vegetative cover in order to reduce mosquito breeding habitat, provided that any activity authorized under this subdivision shall comply with the Vermont Wetlands Rules.

  (18) Removal of constructed feature. Temporary cutting or removal of vegetation to remove an existing constructed feature, provided that the area of removal is revegetated according to the requirements for the management of vegetative cover under section 1447 of this title and all cutting and removal of vegetation complies with the Agency’s low-risk site handbook for erosion prevention and sediment control.

  (c) Application of vegetative cover requirements. Activities authorized under subdivisions (b)(2)-(17) of this section shall not be required to comply with the requirements for the management of vegetative cover under section 1447 of this title. (Added 2013, No. 172 (Adj. Sess.), § 2; amended 2015, No. 64, § 13; 2019, No. 50, § 4, eff. June 10, 2019; 2023, No. 85 (Adj. Sess.), § 7, eff. July 1, 2024.)

• § 1447. Lake shoreland vegetation protection standards

  (a) Within 100 feet of the mean water level, cutting of trees is allowed provided that a well-distributed stand of trees and other natural vegetation is maintained. Vegetation management that occurs within the protected shoreland area and that is conducted according to the requirements of this section shall not be counted toward the cleared area on a parcel.

  (b) A “well-distributed stand of trees” shall be defined as maintaining a minimum rating score of 12, in each 25-foot by 25-foot area within 100 feet of the mean water level, as determined by the following rating system.

  	(1) Diameter of tree at 4-1/2 feet above ground level (inches)	Points
  	2 ≤ 4 in.	1
  	4 ≤ 8 in	2
  	8 ≤ 12 in.	4
  	12 in. or greater	8

  (2) The following shall govern in applying this point system:

  (A) 25-foot by 25-foot plots shall be established for vegetation management purposes.

  (B) Each successive plot must be adjacent to but not overlap a previous plot.

  (C) Any plot not containing the required points must have no vegetative cover removed unless the removal is allowed pursuant to a registration or individual permit.

  (D) Any plot containing the required points may have trees removed down to the minimum points allowed.

  (E) Existing vegetative cover under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or as allowed pursuant to a registration or individual permit.

  (F) Pruning of tree branches on the bottom one-third of a tree’s height is allowed.

  (G) Removal of dead, diseased, or unsafe trees shall be allowed regardless of points.

  (c) As used in this section, “other natural vegetation” means retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at four and one-half feet above ground level for each 25-foot by 25-foot area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been planted or rooted in the plot. (Added 2013, No. 172 (Adj. Sess.), § 2.)

• § 1448. Municipal delegation

  (a) Municipal shoreland bylaws or ordinances. The Secretary shall delegate authority to permit the construction, creation, or expansion of impervious surface or cleared area under this chapter to a municipality that has adopted a shoreland bylaw or ordinance if:

  (1) the municipality adopts a bylaw or ordinance regulating construction of impervious surface or creation of cleared area in a protected shoreland area;

  (2) the municipal bylaw or ordinance is, as determined by the Secretary, functionally equivalent to the requirements under sections 1444, 1445, 1446, and 1447 of this title; and

  (3) the Secretary determines that the municipality provides adequate resources for administration and enforcement of the bylaw or ordinance.

  (b) Delegation agreement.

  (1) Delegation under subsection (a) of this section shall be by agreement between the Secretary and the delegated municipality. The delegation agreement shall set the terms for revocation of delegation.

  (2) Under the delegation agreement, the Secretary and the municipality may agree, in instances where a delegated municipality does not or cannot address noncompliance, that the Secretary, after consultation with the municipality, may institute enforcement proceedings under chapter 201 of this title.

  (3) The delegation agreement shall require the municipality to:

  (A) have or establish a process for accepting, reviewing, and processing applications and issuing permits for construction of impervious surface or creation of cleared area in protected shoreland areas;

  (B) take timely and appropriate enforcement actions;

  (C) commit to reporting annually to the Secretary on a form and date determined by the Secretary;

  (D) comply with all other requirements of the rules adopted under this chapter; and

  (E) cure any defects in such bylaw or ordinance or in the administration or enforcement of such bylaw or ordinance upon notice of a defect from the Secretary.

  (4) A municipality that seeks delegation under subsection (a) of this section shall be presumed to satisfy the requirements of this subsection for a permit process and enforcement if the municipality has designated a municipal zoning administrator or other municipal employee or official as responsible for the permitting and enforcement of the construction, creation, or expansion of impervious surface or cleared area within the municipality. (Added 2013, No. 172 (Adj. Sess.), § 2.)

• § 1449. Coordination of Agency of Natural Resources’ permitting of activities in protected shoreland areas

  (a) Coordination of permitting in protected shoreland area. During technical review of a permit application for a wastewater system, potable water supply, stormwater discharge, or stormwater treatment facility that is proposed to be located in a protected shoreland area and that does not require a permit under this chapter, the Agency division issuing the wastewater system, potable water supply, stormwater discharge, or stormwater treatment facility permit shall consult with the Agency’s Lakes and Ponds Section regarding practices or activities that could reduce the impact of the proposed activity on the protected shoreland area or water quality of lakes adjacent to the protected shoreland area.

  (b) Agency guidance or procedure. The Agency may formalize the consultation process required by this section in a guidance document or internal agency procedure. (Added 2013, No. 172 (Adj. Sess.), § 2.)

• § 1450. Municipal zoning bylaw or ordinance

  (a) Construction of impervious surface or creation of cleared area occurring outside protected shoreland areas. Construction of impervious surface or creation of cleared area occurring outside a protected shoreland area shall conform to duly adopted municipal zoning bylaws and applicable municipal ordinances and shall not be subject to regulation by the Secretary of Natural Resources under this chapter.

  (b) Existing municipal bylaws and ordinances. The requirements of this chapter are in addition to existing municipal bylaws and ordinances, and proposed construction of impervious surface or creation of cleared area within the protected shoreland area shall comply with all relevant, existing municipal, State, and federal requirements. (Added 2013, No. 172 (Adj. Sess.), § 2.)

• § 1450a. Rulemaking

  The Secretary may adopt rules necessary for the purposes of implementing, administering, or enforcing the requirements of this chapter, including best management practices for the construction of impervious surfaces or the creation of cleared area in a protected shoreland area, including standards for:

  (1) managing vegetative cover that may be required as a best management practice in order to ensure that some level of the required vegetative cover is maintained in the protected shoreland area;

  (2) allowing reasonable use of the protected shoreland area subject to a vegetative cover requirement for construction, creation, or expansion of an impervious surface or cleared area;

  (3) minimizing and mitigating the creation of an impervious surface or cleared area in a protected shoreland area. (Added 2013, No. 172 (Adj. Sess.), § 2.)

• § 1450b. Education and outreach; citizen’s guide

  The Secretary shall conduct ongoing education and outreach to assist Vermont citizens with understanding and complying with the requirements of this chapter. The education and outreach activities shall include publication on or before January 1, 2015 of a Citizen’s Guide to Shoreland Protection, which shall provide easily understood instructions on the requirements of this chapter, how to apply for a permit or registration, and the activities that are exempt from or otherwise not subject to the requirements of this chapter. (Added 2013, No. 172 (Adj. Sess.), § 2.)