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Subchapter 001: GENERAL PROVISIONS
§ 2600. Findings
The General Assembly finds that:
(1) Private and public forestlands:
(A) constitute unique and irreplaceable resources, benefits, and values of statewide importance;
(B) contribute to the protection and conservation of wildlife habitat, air, water, and
soil resources of the State;
(C) mitigate the effects of climate change; and
(D) benefit the general health and welfare of the people of the State.
(2) The forest products industry, including maple sap collection:
(A) is a major contributor to and is valuable to the State’s economy by providing jobs
to its citizens;
(B) is essential to the manufacture of forest products that are used and enjoyed by the
people of the State; and
(C) benefits the general welfare of the people of the State.
(3) Private and public forestlands are critical for and contribute significantly to the
State’s outdoor recreation and tourism economies.
(4) Forestry operations are adversely affected by the encroachment of urban, commercial,
and residential land uses throughout the State that result in forest fragmentation
and conversion and erode the health and sustainability of remaining forests.
(5) As a result of encroachment on forests, conflicts have arisen between traditional
forestry land uses, and urban, commercial, and residential land uses convert forestland
permanently to other uses, resulting in an adverse impact to the economy and natural
environment of the State.
(6) The encouragement, development, improvement, and preservation of forestry operations
will result in a general benefit to the health and welfare of the people of the State
and the State’s economy.
(7) The forest products industry, in order to survive, likely will need to change, adopt
new technologies, and diversify into new products. (Added 2015, No. 171 (Adj. Sess.), § 1.)
§ 2601. Policy and purposes
(a) The conservation of the forests, timberlands, woodlands, and soil and recreational
resources of the State are hereby declared to be in the public interest. It is the
policy of the State to encourage economic management of its forests and woodlands,
to sustain long-term forest health, integrity, and productivity, to maintain, conserve,
and improve its soil resources, and to control forest pests to the end that forest
benefits, including maple sugar production, are preserved for its people, floods and
soil erosion are alleviated, hazards of forest fires are lessened, its natural beauty
is preserved, its wildlife is protected, the development of its recreational interests
is encouraged, the fertility and productivity of its soil are maintained, the impairment
of its dams and reservoirs is prevented, its tax base is protected, and the health,
safety, and general welfare of its people are sustained and promoted.
(b) The Department shall implement the policies of this chapter by assisting forestland
owners and lumber operators in the cutting and marketing of forest growth, encouraging
cooperation between forest owners, lumber operators, and the State of Vermont in the
practice of conservation and management of forestlands, managing, promoting, and protecting
the multiple use of publicly owned forestlands and park lands; planning, constructing,
developing, operating, and maintaining the system of State parks; determining the
necessity of repairs and replacements to all Department-owned buildings and causing
urgent repairs and replacements to be accomplished, with the approval of the Secretary
of Administration, if within the limits of specific appropriations or if approved
by the Emergency Board; and providing advice and assistance to municipalities, other
political subdivisions, State departments, and nongovernmental organizations in the
development of wholesome and adequate community or institutional recreation programs.
(c) The Commissioner shall implement the policy established under this section when construing
the provisions of this chapter related to the management of forestlands and the construction
of chapters 85 and 87 of this title. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 1993, No. 233 (Adj. Sess.), § 44, eff. June 21, 1994; 2015, No. 171 (Adj. Sess.), § 2.)
§ 2602. Definitions
As used in this chapter:
(1) “Agency” means the Agency of Natural Resources as created by 3 V.S.A. chapter 51.
(2) “Department” means the Department of Forests, Parks and Recreation within the Agency
of Natural Resources.
(3) “Commissioner” means the Commissioner of Forests, Parks and Recreation.
(4) “Secretary” means the Secretary of Natural Resources.
(5) “Forest product” mean logs; pulpwood; veneer; bolt wood; wood chips; stud wood; poles;
pilings; biomass; fuel wood; maple sap; or bark.
(6) “Forestry operation” means activities related to the management of forests, including
a timber harvest; pruning; planting; reforestation; pest, disease, and invasive species
control; wildlife habitat management; and fertilization. “Forestry operation” includes
the primary processing of forest products of commercial value on a parcel where the
timber harvest occurs.
(7) “Timber” means trees, saplings, seedlings, bushes, shrubs, and sprouts from which
trees may grow, of every size, nature, kind, and description.
(8) “Timber harvest” means a forestry operation involving the harvest of timber. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 1987, No. 76, § 18; 2015, No. 171 (Adj. Sess.), § 3.)
§ 2603. Powers and duties: Commissioner
(a) The Department shall be under the direction and supervision of a Commissioner appointed
by the Secretary as provided in 3 V.S.A. § 2851. In addition to the duties and powers provided under this chapter, the Commissioner
shall have the powers and duties specified in 3 V.S.A. § 2852 and such additional duties as may be assigned to the Commissioner by the Secretary
under 3 V.S.A. § 2853. The Commissioner shall implement the policy and purposes specified in section 2601 of this title where appropriate and to the extent that resources of the Department permit.
(b) The Commissioner shall manage and plan for the use of publicly owned forests and park
lands in order to implement the policy and purposes of this chapter; promote and protect
the natural, productive, and recreational values of such lands; and provide for multiple
uses of the lands in the public interest. The Commissioner may sell forest products
and other resources on public lands and shall administer the State park system and
a community recreation program as is in the best interests of the State and is consistent
with the purposes and policies of this chapter.
(c)(1) The Commissioner, subject to the direction and approval of the Secretary, shall adopt
and publish rules in the name of the Agency for the use of State forests, or park
lands, including reasonable fees or charges for the use of the lands, roads, camping
sites, buildings, and other facilities and for the harvesting of timber or removal
of minerals or other resources from such lands, notwithstanding 32 V.S.A. § 603.
(2) The Commissioner of Forests, Parks and Recreation shall be permitted to temporarily
(not to exceed one season per project) adjust fees and charges at any area for the
purpose of bona fide scientific research.
(3) Notwithstanding subdivision (1) of this subsection, the Commissioner of Forests, Parks
and Recreation shall be permitted to develop State park services, promotional programs,
and vacation or special event packages and adjust rates and fees for those services
and packages to promote the park system or increase campground occupancy.
(4) Fees charged under this section shall be reported in accordance with 32 V.S.A. § 605.
(d) The Commissioner or designee shall be the State fire warden and may act as, and in
place of, the fire warden of any municipality as provided under subchapter 4 of this
chapter.
(e) The provisions of this section shall not be construed to allow the Commissioner to
grant oil and gas leases.
(f) Associations of amateur radio operators licensed as such by the U.S. Federal Communications
Commission shall not be required to pay a fee or other charge as provided by subsection
(c) of this section, as a condition of either a lease or a sublease of State property
executed under this title, for access to mountaintop electronic sites designated as
such in conformance with policy of the Secretary of Natural Resources, except that
each such association shall by January 1 annually pay a $ 25.00 access fee and submit
to the Commissioner at that time a list of the association’s current membership.
(g) The Department of Environmental Conservation Facilities Engineering Section:
(1) may execute and consult on design for the Department of Forests, Parks and Recreation;
(2) shall provide professional engineering services for compliance with environmental
operating permits; and
(3) shall be the custodian of all plans of record for work executed by the Department
of Forests, Parks and Recreation, regardless of the source and designer of record.
(h) All interest accrued from bonds deposited in the Agency Fund and forfeited bonds in
the Agency Fund for the Department of Forests, Parks and Recreation’s timber management
program may be transferred annually by the Commissioner, with the approval of the
Commissioner of Finance and Management, to the Natural Resources Management Fund. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 1981, No. 240 (Adj. Sess.), § 3, eff. April 28, 1982; 1991, No. 83; 1999, No. 49, § 157; 2001, No. 149 (Adj. Sess.), § 89, eff. June 27, 2002; 2009, No. 146 (Adj. Sess.), § B14; 2011, No. 63, § E.704.1; 2015, No. 23, § 99; 2023, No. 162 (Adj. Sess.), § 12, eff. June 6, 2024.)
§ 2604. Repealed. 2009, No. 135 (Adj. Sess.), § 26(4)(A).
§ 2605. Governor’s Council on Physical Fitness and Sports
(a) The Governor’s Council on Physical Fitness and Sports is created within the Department
of Forests, Parks and Recreation, to be composed of 20 members with appropriate interests
and representing the various geographical areas of the State. The members shall be
appointed by the Governor for staggered terms of two years expiring on March 31 in
the appropriate year. The Governor may reappoint any person who has served or is serving
as a member of the Council. The Governor shall appoint a member of the Council to
serve as chair, and the Council shall elect other officers as needed. The Council
shall meet annually and at the call of the Chair.
(b) In order to promote physical fitness, the Council shall have the responsibility to:
(1) develop, foster, and coordinate services and programs of physical fitness for the
people of Vermont;
(2) sponsor physical fitness and sports workshops, clinics, conferences, and other similar
activities;
(3) give recognition to outstanding developments and achievements in, and contributions
to, physical fitness and sports;
(4) stimulate physical fitness research;
(5) collect and disseminate physical fitness and sports information and initiate advertising
campaigns promoting physical fitness and sports;
(6) upon request assist schools to develop health and physical fitness programs for students;
(7) encourage local governments and communities to develop local physical fitness programs;
(8) encourage the private sector to develop programs for promotion of personal health
and physical fitness;
(9) enlist the support of individuals, civic groups, amateur professional sports associations,
and other organizations to promote and improve physical fitness and sports programs;
(10) promote the development of a program of statewide amateur athletic competition to
be known as the Green Mountain State Games. The Games shall be designed to encourage
the participation of athletes representing a broad range of age groups, skill levels,
and Vermont communities in a variety of activities. Participants shall be residents
of this State. Regional competitions shall be held throughout the State, and the top
qualifiers in each sport shall proceed to the final competitions to be held at a site
in the State with the necessary facilities and equipment for conducting the competitions.
The frequency of the Games shall be determined by the Council.
(c) The Council may accept grants, gifts, and bequests and enter into contracts to carry
out the purposes of this section. (Added 1985, No. 173 (Adj. Sess.), § 1.)
§ 2606. Acceptance of gifts; exchange, purchase, or lease of lands
(a) The Commissioner, with the approval of the Governor, may accept gifts of land or interests
in land to the State, or may purchase land or interests in land in the name of the
State to be held and administered as State forests, State parks, easement interests,
or as interests supporting the management and use of such lands and interests.
(b) Notwithstanding 29 V.S.A. § 166, with the approval of the General Assembly, which may be granted by resolution, the
Commissioner may sell, convey, exchange, or lease lands, or interests in land, or
may amend deeds, leases, and easement interests, under his or her jurisdiction when
in his or her judgment it is advantageous to the State to do so in the highest orderly
development and management of State forests, State parks, or other interests in land.
(c) The Commissioner, with the approval of the Governor, may lease mine, quarry, or other
resource sites or rights as may be discovered on State forest or State park lands
unconditionally owned by the State.
(d) The Commissioner, with the approval of the Governor, may lease for a term of years,
or otherwise, such lands as he or she deems necessary for the protection of State
forest or State park lands or for use by the State in connection therewith.
(e) The provisions of this section shall not be construed to allow the Commissioner to
grant oil and gas leases. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 1981, No. 240 (Adj. Sess.), § 4, eff. April 28, 1982; 1997, No. 148 (Adj. Sess.), § 70, eff. April 29, 1998; 2017, No. 89 (Adj. Sess.), § 1, eff. Feb. 28, 2018.)
§ 2606a. Mountaintop use as communications sites
(a) State policy. It is hereby adopted as State policy to permit limited use of designated State-owned
land under the jurisdiction of the Department for electronic communications broadcasting
by both public and private entities. Use of the designated sites shall be in compliance
with the policy set forth herein under the management of government and private users
of the mountaintops. This policy implementation has the objectives of:
(1) protecting State-owned mountaintops from the development of new communications facilities
that have a significant adverse environmental impact;
(2) protecting mountaintop communication signals from interference by existing or subsequent
users; and
(3) maximizing use of limited mountaintop facilities through consolidation of equipment,
efficient development and economic management of each site.
(b) Specific sites.
(1) Mountaintop designation. The State-owned mountaintops to which this section shall apply are: Ascutney Mountain
North Peak and Ascutney Mountain South Peak, Burke Mountain, Okemo Mountain, and Killington
Mountain.
(2)-(5) [Repealed.] (Added 1993, No. 233 (Adj. Sess.), § 63, eff. June 21, 1994; amended 1995, No. 185 (Adj. Sess.), § 10d, eff. May 22, 1996; 2009, No. 135 (Adj. Sess.), § 4; 2009, No. 135 (Adj. Sess.), § 26(4)(B).)
§ 2606b. License of forestlands for maple sugar production
(a) The General Assembly finds and declares that:
(1) Maple sugaring is an important cultural tradition of Vermont life that should be maintained
and encouraged.
(2) Maple sugaring is an important component of the agricultural and forest products economy
in Vermont and is increasingly necessary for farmers that must diversify in order
to continue to farm in Vermont.
(3) Maple sugaring is a sustainable use of forestland.
(4) State forestland should be managed and used for multiple uses, including maple sugar
production.
(b) It is hereby adopted as State policy to permit limited use of designated State-owned
land under the jurisdiction of the Department for maple sugar production.
(c) Pursuant to guidelines developed by the Department of Forests, Parks and Recreation,
in consultation with the Vermont Maple Sugar Makers’ Association, the Department may
issue licenses for the use of State forestland for the tapping of maple trees, the
collection of maple sap, and the transportation of such sap to a processing site located
off State forestland or to sites located on State forestland if approved by the Commissioner.
All tapping of maple trees authorized under a license shall be conducted according
to the guidelines for tapping maple trees established by the Department of Forests,
Parks and Recreation, in consultation with the Vermont Maple Sugar Makers’ Association.
Each person awarded a license under this section shall maintain and repair any road,
water crossing, or work area according to requirements set by the Department in the
license. Each license shall include such additional terms and conditions set by the
Department as may be necessary to preserve forest health and to ensure compliance
with the requirements of this chapter and applicable rules. A license shall be issued
for a fixed term not to exceed five years and shall be renewable for two five-year
terms subsequent to the initial license. Subsequent renewals shall be allowed where
agreed upon by the Department and the licensee. The Department shall have power to
terminate or modify a license for cause, including damage to forest health.
(d) The Commissioner may adopt rules to implement the requirements of this section.
(e) There is hereby established the Maple Advisory Board to provide the Commissioner of
Forests, Parks and Recreation with guidance on licensing of State forestland for maple
sugar production, including identification of potential sites on State lands for licensure.
The Board shall be composed of:
(1) Three employees of the Department of Forests, Parks and Recreation, appointed by the
Commissioner.
(2) Three sugar makers, at least one of which is an independent sugar maker unaffiliated
with an association, appointed by the Secretary of Agriculture, Food and Markets.
(3) One member of the Vermont Forest Products Association designated by the Association.
(4) One member of either the University of Vermont Proctor Maple Research Center or the
University of Vermont Agricultural Extension Service, appointed by the Commissioner.
(f) A per tap license charge shall be imposed on the taps installed in the license area.
The Commissioner shall establish this per tap license charge at a reasonable rate
that reflects current market rates. Charges collected under this section shall be
deposited in the Lands and Facilities Trust Fund established under 3 V.S.A. § 2807.
(g) [Repealed.] (Added 2009, No. 21, § 1; amended 2015, No. 171 (Adj. Sess.), § 9.)
§ 2607. Natural areas; designation
(a) The Commissioner, with the approval of the Governor, may designate and set aside areas
in the State forests and State parks as natural areas.
(b) “Natural areas” means limited areas of land that have retained their wilderness character,
although not necessarily completely natural and undisturbed, or have rare or vanishing
species of plant or animal life or similar features of interest that are worthy of
preservation for the use of present and future residents of the State and may include
unique ecological, geological, scenic, and contemplative recreational areas on State
lands.
(c) Land uses and practices in natural areas shall be subject to regulations of the Department
to carry out the purposes of this chapter to manage or maintain the areas for the
preservation of their natural condition. Areas so designated may be removed from
such designation only by approval of the Governor following public notice and hearing. (Added 1977, No. 253 (Adj. Sess.), § 1.)
§ 2608. Enforcement; penalties; liability
Enforcement of the provisions of this chapter or rules adopted hereunder shall be
in accordance with chapter 201 or 211 of this title. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 4.)
§ 2609. Forest Parks Revolving Fund
There is hereby established in the State Treasury a fund to be known as the State
Forest Parks Revolving Fund, to be administered by the Commissioner of Forests, Parks
and Recreation from which payments may be made for the planning, design, development,
operation, and maintenance of State parks.
There shall be deposited in said fund all monies that are received from State parks
and forest recreational areas including those received from fees, leases, licenses,
concessions, rentals, or sales, together with such sums as may be appropriated to
said Fund by the Legislature. All balances in such Fund at the end of any fiscal
year shall be carried forward and remain a part of such Fund. (Added 1979, No. 13, § 45, retroactive to July 1, 1978.)
§ 2609a. Income from lease of mountaintop communication sites
Annually on or before February 15, the Agency of Natural Resources shall submit a
report to the Senate Committee on Natural Resources and Energy and the House Committees
on Energy and Technology and on Natural Resources, Fish, and Wildlife containing an
itemization of the income generated through the end of the previous fiscal year from
the use of sites for communication purposes. (Added 1995, No. 185 (Adj. Sess.), § 10b, eff. May 22, 1996; amended 2011, No. 139 (Adj. Sess.), § 8, eff. May 14, 2012; 2017, No. 113 (Adj. Sess.), § 44d.)
§ 2610. Relocation assistance; when required
(a) When the Department undertakes any project that results in the acquisition of real
property subject to the provisions of the Federal Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, Pub. L. No. 91-646, 84 Stat. 1894
(1971), as amended, and as a result of that acquisition a person is displaced from
his or her home, business, or farm, the Department shall provide relocation assistance
and make relocation payments to the displaced person in compliance with the Federal
Uniform Relocation Act.
(b) Payments made under this section shall not be deemed compensation for real property
acquired or compensation for damages to remaining property.
(c) The Department may adopt rules necessary to administer the provisions of this section.
Such rules shall be consistent with the Federal Uniform Relocation Act and applicable
federal regulations. (Added 1989, No. 5, eff. April 1, 1989.)
§ 2611. Vermont Youth Conservation Corps
(a) The Secretary of Natural Resources in cooperation with the Commissioner of Labor is
hereby directed to develop and implement a youth work, education, and community service
program to improve, restore, maintain, and conserve public buildings, lands, waters,
and parks.
(b) The Vermont Youth Conservation Corps program may be offered throughout the year. It
shall be the purpose of the program to provide economic, vocational, community service,
and educational opportunities for Vermont youths. At least half of the youths enrolled
in the program shall be disadvantaged.
(c) To effectuate the purposes of this section, the Secretary may:
(1) Employ a Vermont Youth Conservation Corps director or coordinator and the support
staff necessary to direct, supervise, and implement the program.
(2) Subject to the limitations of 32 V.S.A. § 5, apply for and accept grants or contributions from funds from any public or private
source.
(3) Purchase a policy of liability insurance for the benefit of the State, its employees,
and enrollees while performing their official duties pursuant to the provisions of
this section.
(4) Enter into an agreement with the Vermont Youth Conservation Corps, Inc. regarding
the cooperative management and operation of the Youth Conservation Corps program. (Added 1993, No. 153 (Adj. Sess.), § 1, eff. May 11, 1994; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
§ 2612. Designation; Vermont Youth Conservation Corps, Inc
(a) The Vermont Youth Conservation Corps, Inc. is designated the organization in the State
to accept federal and State funds and private donations for the purpose of developing
and maintaining the Vermont Youth Conservation Corps program.
(b) The Vermont Youth Conservation Corps, Inc. and the Department of Forests, Parks and
Recreation shall enter into a management agreement for the purpose of managing and
operating the program.
(c) [Repealed.] (Added 1993, No. 153 (Adj. Sess.), § 2, eff. May 11, 1994; amended 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.)
§ 2613. Abenaki place names in State parks
The Commissioner, before installing new signs or replacing existing signs in a State
park, shall consult with the Vermont Commission on Native American Affairs to determine
if there is an Abenaki name for any site within the park. If the Commission on Native
American Affairs advises the Commissioner of an Abenaki name, the Abenaki name shall
be displayed with the English name. (Added 2019, No. 174 (Adj. Sess.), § 1, eff. Jan. 1, 2021.)
§ 2614. Mollie Beattie Distinguished Service Award
In commemoration of the centennial of the Vermont State Parks in the Department of
Forests, Parks and Recreation and in honor of the conservation and public land accessibility
values of the late former Commissioner of Forests, Parks and Recreation, Mollie Beattie,
there is created the Mollie Beattie Distinguished Service Award. Annually, the Commissioner
of Forests, Parks and Recreation shall present this award to either a current or former
State employee or partner whose contributions honor the legacy of Mollie Beattie in
advancing the conservation, accessibility, quality of recreational experience, or
sustainability of Vermont’s public lands. (Added 2025, No. 36, § 1, eff. July 1, 2025.)
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Subchapter 002: FOREST CONSERVATION
§ 2621. Duties of owners
It shall be the duty of a landowner or operator of forestland, whether public or private,
to manage, operate, and harvest forest crops that promote conditions favorable for
regrowth consistent with the policies of this chapter. All forestland on which a
lumbering operation is conducted should be left by the owner or operator in a favorable
condition for regrowth by preserving trees of commercial species sufficient under
normal conditions to maintain continuous forest growth or restocking so as to ensure
continuous or successive forest crops. So far as practicable, all desirable seedlings
and saplings should be protected during logging operations. When necessary, reforestation
practices should be employed to ensure renewed forest growth after harvesting of forest
crops. (Added 1977, No. 253 (Adj. Sess.), § 1.)
§ 2622. Rules; harvesting timber; forests; acceptable management practices for maintaining
water quality
(a) Silvicultural practices. The Commissioner shall adopt rules to establish methods by which the harvest and utilization
of timber in private and public forestland will be consistent with continuous forest
growth, including reforestation, will prevent wasteful and dangerous forestry practices,
will regulate heavy cutting, will encourage good forestry management, will enable
and assist landowners to practice good forestry management, and will conserve the
natural resources consistent with the purposes and policies of this chapter, giving
due consideration to the need to ensure continuous supplies of forest products and
to the rights of the owner or operator of the land. The rules adopted under this subsection
shall be advisory and not mandatory except that the rules adopted under section 2625 of this title for the regulation of heavy cutting shall be mandatory as shall other rules specifically
authorized to be mandatory.
(b) Acceptable management practices. On or before July 1, 2016, the Commissioner shall revise by rule the Acceptable Management
Practices for Maintaining Water Quality on Logging Jobs in Vermont. The revised acceptable
management practices shall ensure that all logging operations, on both public and
private forestland, are designed to: prevent or minimize discharges of sediment, petroleum
products, and woody debris (logging slash) from entering streams and other bodies
of water; improve soil health of forestland; protect aquatic habitat and aquatic wildlife;
and prevent erosion and maintain natural water temperature. The purpose of the acceptable
management practices is to provide measures for loggers, foresters, and landowners
to utilize, before, during, and after logging operations, to comply with the Vermont
Water Quality Standards and minimize the potential for a discharge from logging operations
in Vermont in accordance with section 1259 of this title. The rules adopted under this subsection shall be advisory and not mandatory. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 1997, No. 15, § 1, eff. May 6, 1997; 2015, No. 64, § 49.)
§ 2622a. Water Quality Assistance Program
(a) Creation of program. There is established the Water Quality Assistance Program under which the Commissioner
of Forests, Parks and Recreation shall provide technical and financial assistance
to timber harvesters and others for compliance with water quality requirements in
the State. The Commissioner of Forests, Parks and Recreation shall coordinate with
natural resources conservation districts in the implementation of the Program.
(b) Eligible assistance. Under the Program, the Commissioner of Forests, Parks and Recreation is authorized
to expend monies for the following activities in order to facilitate compliance with
water quality requirements:
(1) Award financial assistance in the form of grants to timber harvesters and others to
purchase or construct skidder bridges and other equipment.
(2) Purchase premade skidder bridges and other equipment to loan or lease to timber harvesters
and others.
(3) Purchase available, premade skidder bridges and other equipment and provide those
bridges or equipment to cooperating processing plants for sale to timber harvesters
and others at cost, subject to storage and handling fees.
(4) If premade skidder bridges are not available on the commercial market, issue in a
calendar year two requests for proposal for the construction of skidder bridges for
delivery to cooperating processing plants for sale to timber harvesters and others
at cost, subject to storage and handling fees. The Commissioner shall issue one request
for proposal for the northern part of the State and one request for proposal for the
southern part of the State.
(c) Financial assistance. An applicant for a grant under this section shall pay at least 10 percent of the total
cost of the equipment. The dollar amount of a State grant shall be equal to the total
cost of the equipment, less 10 percent of the total as paid by the applicant. A grant
awarded under this section shall be awarded in accordance with terms and conditions
established by the Commissioner.
(d) Spill kit. The Commissioner shall provide a person who purchases, constructs, or loans out a
skidder bridge under subsection (b) of this section with a spill kit for containing
or absorbing fluids released during timber harvesting activities. (Added 2017, No. 75, § 14, eff. June 12, 2017.)
§ 2622b. Accident prevention and safety training for logging contractors
(a) Training Program. The Commissioner of Forests, Parks and Recreation shall develop a logging operations
accident prevention and safety training curriculum and supporting materials to assist
logging safety instructors in providing logging safety instruction. In developing
the logging operations accident prevention and safety training curriculum and supporting
materials, the Commissioner shall consult with and seek the approval of the training
curriculum by the Workers’ Compensation and Safety Division of the Department of Labor.
(1) The accident prevention and safety training curriculum and supporting materials shall
consist of an accident prevention and safety course that addresses the following:
(A) safe performance of standard logging practices, whether mechanized or nonmechanized;
(B) safe use, operation, and maintenance of tools, machines, and vehicles typically utilized
and operated in the logging industry; and
(C) recognition of health and safety hazards associated with logging practices.
(2) The Commissioner shall make the accident prevention and safety training curriculum
and supporting materials available to persons, organizations, or groups for presentation
to individuals being trained in forest operations and safety.
(b) Request for proposal. The Commissioner shall prepare and issue a request for proposal to develop at least
three course curriculums and associated training materials. The Commissioner may cooperate
with any reputable association, organization, or agency to provide course curriculums
and training required under this subsection.
(c) Certificate of completion. The Commissioner, any logging safety instructor, or a logger safety certification
organization shall issue a certificate of completion to each person who satisfactorily
completes a logging operations accident prevention and safety training program based
on the curriculum developed under this section. (Added 2019, No. 83, § 10.)
§ 2622c. Financial assistance; logger safety; master logger certification; cost-share
(a) The Commissioner of Forests, Parks and Recreation annually shall award grants to the
following entities in order to provide financial assistance to loggers for the purposes
of improving logger safety and professionalism:
(1) to the Vermont Logger Education to Advance Professionalism (LEAP) program to provide
financial assistance to logging contractors for the costs of logger safety training
or continuing education in logger safety; and
(2) to the Trust to Conserve Northeast Forestlands for the purpose of annually paying
for up to 50 percent, but not more than $1,500.00, of the costs of the initial certification
of up to 10 logging contractors enrolled in the Master Logger Certification Program.
(b) The following costs to a logging contractor shall be eligible for assistance under
the grants awarded under subsection (a) of this section:
(1) the costs of safety training, continuing education, or a loss prevention consultation;
(2) the costs of certification under the Master Logger Program administered by the Trust
to Conserve Northeast Forestlands; or
(3) the costs of completion of a logging career technical education program.
(c) A grant awarded under this section shall pay up to 50 percent of the cost of an eligible
activity. (Added 2019, No. 83, § 10.)
§ 2623. Reports, management plans, and licensing
In order to implement the purpose and policies of this subchapter, the Commissioner
may:
(1) Require the filing of an annual report by a mill operator covering timber products
cut, lumber produced, and source of timber. Such report shall be in conformity with
reports required by other agencies.
(2) Accept a management plan presented by a forest owner or operator as alternative to
compliance with any rules issued under this subchapter. A plan, when approved by
the Commissioner, shall be deemed to be in compliance with the regulations issued
under this subchapter so long as the plan is complied with.
(3) Require the annual licensing and registration of portable sawmills, portable chip
harvesters, and other similar portable forest product utilization systems. The operator
receiving a license shall comply with all requirements stipulated for the operation
of such equipment. Regulations relating to licensing requirements shall be adopted
in accordance with 3 V.S.A. chapter 25. (Added 1977, No. 253 (Adj. Sess.), § 1.)
§ 2624. Marked timber sales
(a) The Department of Forests, Parks and Recreation may provide marked timber to Vermont
citizens for personal use at a reasonable price to be determined by the Secretary
of Natural Resources.
(b) The Commissioner of Forests, Parks and Recreation may establish a firewood-for-homes
program. As part of this program, the Commissioner shall designate areas of State-owned
lands, situated at various locations throughout the State, that will be available
to members of the general public for harvesting firewood for purposes of heating their
own homes. (Added 1979, No. 205 (Adj. Sess.), § 124, eff. May 9, 1980; amended 1987, No. 76, § 18; 2007, No. 192 (Adj. Sess.), § 6.003.)
§ 2625. Regulation of heavy cutting
(a) Definitions. For purposes of this section, the following definitions shall apply:
(1) “Acceptable growing stock” means a stem having a diameter of 4.5 inches or greater
at breast height that has the potential of producing a sawlog product of a commercial
species of any grade, now or in the future.
(2) “Heavy cut” means a harvest leaving a residual stocking level of acceptable growing
stock below the C-line, as defined by the U.S. Department of Agriculture silvicultural
stocking guides for the applicable timber type.
(3)(A) “Landowner” means a person or entity that owns or controls the land or the right to
harvest timber or other wood products, including:
(i) an individual, partnership, corporation, association, unincorporated organization,
trust, or other legal or commercial entity, including a joint venture or affiliated
ownership;
(ii) a municipality or State agency;
(iii) individuals and entities affiliated with each other for profit, consideration, or
any other beneficial interest derived from the harvest of timber or other wood products;
(iv) an individual’s parents, children, and spouse, unless the individual establishes that
he or she will derive no profit or consideration, or acquire any other beneficial
interest from the harvest of timber or other wood products by the parent, child, or
spouse.
(B) The following individuals and entities shall be presumed not to be affiliated for
the purpose of profit, consideration, or other beneficial interest within the meaning
of this chapter, unless there is substantial evidence of an intent to evade the purposes
of this chapter:
(i) a stockholder in a corporation shall be presumed not to be affiliated with others,
solely on the basis of being a stockholder, if the stockholder and the stockholder’s
spouse, parents, children, and siblings own, control, or have a beneficial interest
in less than five percent of the outstanding shares in the corporation;
(ii) an individual shall be presumed not to be affiliated with others, solely for actions
taken as an agent of another within the normal scope of duties of a court appointed
guardian, a licensed attorney, real estate broker, or salesperson, engineer, land
surveyor, forester, or retail or wholesale vendor of wood products, unless the compensation
received or beneficial interest obtained as a result of these duties indicates more
than an agency relationship;
(iii) a seller or chartered lending institution shall be presumed not to be affiliated with
others, solely for financing all or a portion of the purchase price at rates not substantially
higher than prevailing lending rates in the community, and subsequently granting a
partial release of the security when the buyer harvests timber or other wood products;
(iv) a logging contractor shall be presumed not to be affiliated with others solely for
conducting a harvest of timber or other wood products, while subject to supervision
and control of a landowner, unless the logging contractor holds an ownership interest
in the land or standing timber or is affiliated with others holding an ownership interest
in the land or standing timber.
(b) Notice of intent to cut. The following landowners shall file a notice of intent to cut with a Department field
forester at least 15 days before commencing a heavy cut:
(1) A landowner who intends to conduct a heavy cut of 40 acres, or more, on land owned
or controlled by the landowner.
(2) A landowner who intends to conduct a heavy cut and has conducted heavy cuts on other
lands owned or controlled by the landowner, within the five previous years:
(A) within a radius of 1,000 feet of the proposed harvest, so that the total acreage subjected
to a heavy cut has exceeded or will exceed 40 acres; or
(B) within a radius of two miles of the proposed harvest, so that the acreage subjected
to a heavy cut has exceeded or will exceed 80 acres.
(c) Exemptions. Upon the filing of a notice of intent to cut, a Department field forester shall determine
that the cut is exempt, and that no further review is necessary, if one of the following
apply:
(1) The landowner has filed the notice of intent to cut for informational purposes, even
though the proposed harvest is not subject to regulation as a heavy cut under the
provisions of this section.
(2) The landowner certifies that the proposed heavy cut is intended to carry out an agricultural
conversion plan, and that the conversion will be completed and the land will be in
agricultural production within five years.
(3) The landowner certifies that the proposed heavy cut is intended to carry out a conversion
that is subject to regulation by a district environmental commission under chapter
151 of this title or by the Public Utility Commission under Title 30.
(4) The landowner certifies that the proposed heavy cut is consistent with one of the
following:
(A) A forest management plan currently in effect and approved by the Department under
the current use assessment program.
(B) A chip harvesting plan currently in effect and approved by the Department of Fish
and Wildlife under a permit issued under 30 V.S.A. § 248.
(C) Another forest management plan currently in effect and approved by the Department
under Department rules in effect at the time of approval of the plan.
(d) Authorization to proceed. If an exemption does not apply and the applicable fee has been paid, a Department
field forester shall review the proposed heavy cut. If the proposal is in conformance
with the applicable rules adopted by the Department, a Department field forester shall
issue authorization to proceed. If the proposed heavy cut is not in conformance with
the rules, authorization to proceed shall be denied and the proposed heavy cut shall
be prohibited.
(e) Processing of a notice of intent to cut.
(1) Within 15 days of the filing of a notice of intent to cut, a Department field forester
shall notify a landowner if a notice of intent is incomplete and more information
is required in order to determine whether or not an exemption applies.
(2) Within 15 days of the filing of a complete notice of intent, a Department field forester:
(A) shall determine whether or not a proposed heavy cut is exempt; and
(B) in case a proposed heavy cut is not exempt, shall determine whether authorization
to proceed shall be issued or denied; and
(C) shall notify the landowner, and any town in which the cut is proposed, of that determination
or those determinations.
(3) If, within the relevant 15-day period, a Department field forester fails to make a
determination regarding exemption or fails to request additional required information
from a landowner, the proposed heavy cut shall be deemed to be exempt from the review
requirements of this section. This exemption shall not relieve the landowner from
conforming with the requirements of the approved management or chip harvesting plan,
the proposed harvest plan described in the notice of intent to cut, or any applicable
rules adopted by the Department.
(f) Appeals. If the exemption is denied or if authorization to proceed is denied, the landowner
shall have 30 days in which to file an appeal with the Commissioner.
(1) Upon the filing of an appeal, the Commissioner may appoint a review team of natural
resources professionals to visit the site, gather information about the proposed heavy
cut, and make recommendations to the Commissioner. The Commissioner may also appoint
a hearing officer to take sworn statements of the landowner, the review team, and
other witnesses called by the landowner or the hearing officer, and make recommendations
to the Commissioner.
(2) The Commissioner shall issue a decision in writing within 30 days of the receipt of
an appeal.
(3) Appeals of the Commissioner’s decision shall be made in accordance with chapter 220
of this title.
(g) Rulemaking authority. The Commissioner shall adopt rules relating to heavy cutting subject to the notice
of intent to cut requirements established by this section. The rules shall establish:
(1) Silvicultural guidelines and forestry standards.
(2) Requirements with respect to soil productivity, water quality, wetlands, riparian
zones, significant wildlife habitat areas, unique or fragile areas, regeneration,
scenic quality, and unusual environmental events such as those causing severe damage
from wind, ice, disease, or insect infestation.
(3) Procedures relating to the filing and processing of a notice of intent to cut.
(h) Fees. There shall be a fee of $100.00 for filing a notice of intent to cut for a cut that
is not exempt from review under the provisions of subsection (c) of this section and
when a field review is required to assess the proposed cut. Fees paid for proposals
that are later deemed to be entitled to an exemption shall be returned to the landowner.
Fees shall be deposited into the environmental permit fund established under 3 V.S.A. § 2805.
(i) Applicability to public lands.
(1) The provisions of this section shall apply to heavy cuts on public lands, except that
no heavy cut may occur on certain lands owned by the Agency of Natural Resources,
unless the proposed heavy cut is included in the State’s management plan that has
been adopted subsequent to a public review process.
(2) Any heavy cut on public lands shall be conducted in accordance with applicable rules
adopted by the Commissioner.
(j) Enforcement. A violation of the provisions of this section or the rules adopted under this section,
false certification under this section, and noncompliance with a harvesting plan or
a management plan that constitutes an exemption to this section shall each constitute
a violation as defined under chapter 201 of this title and shall be subject to enforcement
under that chapter and under chapter 211 of this title. (Added 1997, No. 15, § 3, eff. May 6, 1997; amended 2003, No. 115 (Adj. Sess.), § 45, eff. Jan. 31, 2005.)
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Subchapter 004: FOREST FIRES AND FIRE PREVENTION
§ 2641. Town forest fire wardens; appointment and removal
(a) Upon approval by the selectboard and acceptance by the appointee, the Commissioner
shall appoint a town forest fire warden for a term of five years or until a successor
is appointed. A town forest fire warden may be reappointed for successive five-year
terms by the Commissioner or until a successor is approved by the selectboard and
appointed by the Commissioner. The warden may be removed for cause at any time by
the Commissioner with the approval of the selectboard. A warden shall comply with
training requirements established by the Commissioner.
(b) The Commissioner may appoint a forest fire warden for an unorganized town or gore,
who shall serve for a term of five years or until a successor is appointed. An appointed
forest fire warden for an unorganized town or gore may be reappointed for successive
five-year terms by the Commissioner until the Commissioner appoints and the unorganized
town or gore approves a successor. The warden may be removed for cause at any time
by the Commissioner with the approval of the unorganized town or gore. The forest
fire warden of an unorganized town or gore shall have the same powers and duties as
town forest fire wardens and shall be subject to the requirements of this subchapter.
(c) When there are woodlands within the limits of a city, the chief of the fire department
of such city shall act as the city forest fire warden with all the powers and duties
of town forest fire wardens.
(d) When the Commissioner deems it difficult in any municipality for one warden to take
charge of protecting the entire municipality from forest fires, he or she may appoint
one or more deputy forest fire wardens. Such wardens under the direction of the fire
warden shall have the same powers, duties, and pay and make the same reports through
the fire warden to the Commissioner as forest fire wardens.
(e) The Commissioner may appoint special forest fire wardens who shall hold office during
the pleasure of the Commissioner. Such fire wardens shall have the same powers and
duties throughout the State as town forest fire wardens, except that all expenses
and charges incurred on account of their official acts shall be paid from the appropriations
for the Department. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 1987, No. 107, § 1; 2015, No. 171 (Adj. Sess.), § 11.)
§ 2642. Salary and compensation of town forest fire wardens
(a) The salary of a town forest fire warden shall be determined by the selectboard members
for time spent in the performance of the duties of his or her office, which shall
be paid by the town. In addition thereto, he or she shall receive from the Commissioner
$30.00 annually for fulfilling the requirements of section 2645 of this title and keeping the required State records. He or she shall also receive from the Commissioner
$30.00 per diem for attendance at each training required by the Commissioner. He or
she shall also receive annually an amount of $10.00 for each fire report that is submitted
by the forest fire warden under section 2644 of this title.
(b), (c) [Repealed.] (Added 1977, No. 253 (Adj. Sess.), § 1; amended 1983, No. 195 (Adj. Sess.), § 5(b); 2015, No. 171 (Adj. Sess.), § 11.)
§ 2643. Town’s liability for suppression of forest fires; State aid
(a) A municipality in which a forest fire occurs shall pay the cost to suppress a forest
fire that occurs on land that is not owned by the Agency of Natural Resources, including
the costs of personnel and equipment. The Commissioner may, according to the Department
fire suppression reimbursement policy, reimburse a municipality for all or a portion
of the costs of suppressing a forest fire on land that is not owned by the Agency
of Natural Resources.
(b) For the purpose of suppressing forest fires on lands owned by the Agency of Natural
Resources, the State shall reimburse a town for all its forest fire suppression costs
at a rate determined by the Commissioner according to the Department fire suppression
reimbursement policy. If the total acreage of a forest fire is determined to be partially
on land owned by the Agency of Natural Resources and partially on land owned by another
party, the Commissioner shall, at a minimum, reimburse the town at a rate determined
by the Commissioner according to the Department fire suppression reimbursement policy
for costs incurred by the municipality on land owned by the Agency of Natural Resources.
(c) For any forest fire on lands owned by the Agency of Natural Resources to be considered
eligible for reimbursement from the State, a town forest fire warden shall have reported
the forest fire to the Commissioner within 14 days of extinguishment of the fire as
required under section 2644 of this title. For reimbursement of fire suppression costs for forest fires on land owned by the
Agency of Natural Resources, the town forest fire warden and the Commissioner or designee
shall approve the costs before submission to the municipality for payment. The town
forest fire warden may submit to the State on an annual basis a request for reimbursement
of fire suppression costs on lands owned by the Agency of Natural Resources. The State
shall reimburse a town for all applicable forest fire suppression costs when the reimbursement
request is presented in a form approved by the Commissioner to the Commissioner by
December 31 of each year. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 11.)
§ 2644. Duties and powers of fire warden
(a) When a forest fire or fire threatening a forest is discovered in his or her town,
the town forest fire warden shall enter upon any premises and take measures for its
prompt control, suppression, and extinguishment. The town forest fire warden may call
upon any person for assistance. The town forest fire warden may choose to share or
delegate command authority to a chief engineer of a responding fire department or,
in the chief’s absence, the highest ranking assistant firefighter present during the
fire.
(b) A town forest fire warden shall keep a record of his or her acts, the number of fires
and causes, the areas burned over, and the character and amount of damages done in
the warden’s jurisdiction. Within two weeks after the extinguishment of a fire, the
town forest fire warden shall report the fire to the Commissioner, but the making
of a report under this subsection shall not be a charge against the town.
(c) [Repealed.] (Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 11.)
§ 2645. Open burning; permits
(a) Except as otherwise provided in this section, a person shall not kindle or authorize
another person to kindle a fire in the open air for the purpose of burning natural
wood, brush, weeds, or grass without first obtaining permission from the town forest
fire warden or deputy forest fire warden stating when and where such fire may be kindled.
Wood, brush, weeds, or grass shall not be burned if they have been altered in any
way by surface applications or injection of paints, stains, preservatives, oils, glues,
or pesticides. Whenever such permission is granted, the fire warden, within 12 hours,
shall issue a written “Permit to Kindle” for record purposes stating when and where
such fire may be kindled.
(b) With the written approval of the Secretary, during periods of increased fire hazard,
the Commissioner may notify town fire wardens that for a specified period no burning
permits shall be issued. The fire wardens shall issue no permits during the specified
period.
(c) The provisions of this section will not apply to:
(1) the kindling of a fire in a location where there is snow surrounding the open burning
site;
(2) fires built in stone arches, outdoor fireplaces, or existing fire rings at State recreational
areas or fires built in stone arches, outdoor fireplaces, or fire rings on private
property that are not located within woodland, timberland, or a field containing dry
grass or other flammable plant material contiguous to woodland;
(3) the kindling of a fire in a location that is 200 feet or more from any woodland, timberland,
or field containing dry grass or other flammable plant material contiguous to woodland;
or
(4) areas within cities maintaining a fire department.
(d)(1) As used in this section, “natural wood” means:
(A) trees, including logs, boles, trunks, branches, limbs, and stumps;
(B) lumber, including timber, logs, or wood slabs, especially when dressed for use; and
(C) pallets that are used for the shipment of various materials, so long as such pallets
are not chemically treated with any preservative, paint, or oil.
(2) “Natural wood” does not mean other wood products such as sawdust, plywood, particle
board, or press board.
(e) Nothing in this section shall be construed to limit the authority of the air pollution
control officer to prohibit open burning in accordance with the rules adopted under
chapter 23 of this title. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 11; 2023, No. 21, § 1, eff. May 25, 2023.)
§ 2646. Proclamation by Governor prohibiting kindling of fires: Closing of woodlands
(a) Whenever it appears to the Governor that there is excessive danger of forest fires,
he or she may prohibit by proclamation the kindling of a fire in or adjoining forestland
or close any or all sections of woodland, or brushland, in any town for such time
as the Governor may designate, to all persons except the owner and his or her household,
his or her tenants, servants, or agents and persons in the public employment engaged
in abating such fire-hazardous condition.
(b) Proclamations shall be published in such newspapers of the State and posted in such
places and in such manner as the Governor may order in writing. A copy of such publication
and order, attested by the Secretary of Civil and Military Affairs, shall be filed
with the Secretary of State and a like copy shall be furnished to the Commissioner
who shall attend to the publication and posting thereof. The expenses of such publication
and posting shall be paid by the Department. Notice of removal of restrictions imposed
by proclamation shall be in the same manner. (Added 1977, No. 253 (Adj. Sess.), § 1.)
§ 2647. Fires in woods of another; permission
No one shall build a fire in the woodlands of another without the permission of the
owner, lessee, holder of right-of-way, or his or her authorized agent between April
1 and November 1. A person who builds a fire in or adjoining any woods shall totally
extinguish such fire before leaving it. (Added 1977, No. 253 (Adj. Sess.), § 1.)
§ 2648. Slash removal
(a) A person may cut or cause to be cut forest growth only if all slash adjoining the
right-of-way of any public highway, or the boundary lines of woodlots owned by adjoining
property owners, is treated as follows:
(1) All slash shall be removed for a distance of 50 feet from the right-of-way of any
public highway or from the boundary lines of woodlots owned by adjoining property
owners.
(2) All slash shall be removed for a distance of 100 feet from standing buildings on adjoining
property.
(b) [Repealed.]
(c) If in the opinion of the town forest fire warden there is no fire hazard as a result
of a cutting, the warden may issue, upon request, a statement relieving the operator
of the conditions required in this section. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 1987, No. 107, § 2; 2015, No. 171 (Adj. Sess.), § 11.)