§ 905b. Duties; powers
The Department shall protect and manage the water resources of the State in accordance
with the provisions of this subchapter and shall:
(1) Study and investigate the streams in the State and their basins, and cooperate with
federal agencies in mapping them and in collecting and compiling data relating to
run off and stream flow.
(2) Cooperate with natural resources conservation districts.
(3) Have supervision over and act as the State’s agency in all matters affecting flood
control, channel clearing, and river bank protection. To discharge this responsibility,
the Department shall:
(A) Develop flood control policies and a flood control program that balances the need
to protect the environment with the need to protect public and private property. The
policy and program shall direct appropriate remedial measures following significant
flooding events and shall define appropriate flood hazard mitigation measures. These
measures may include:
(i) flood debris removal and streambed and stream bank maintenance and restoration practices;
(ii) identification of disaster-prone areas;
(iii) land use planning assistance to minimize future damage from flooding;
(iv) flood proofing measures for existing vulnerable private or public structures;
(v) acquisition and relocation of structures away from hazard-prone areas;
(vi) development of State standards to protect public infrastructure from disaster damage;
(vii) structural hazard control, such as debris basins or floodwalls to protect critical
facilities; and
(viii) educating the public regarding the availability of flood insurance and the advisability
of obtaining flood insurance.
(B) Develop and implement steps to incorporate into other programs administered by the
Department measures that decrease the likelihood and impact of future flooding incidents.
(4) Make studies and investigations or demonstrations of problems relating to water quality
with respect to pollution and causes, prevention, control, and abatement thereof as
it may deem advisable, and when appropriate propose remedies to the Legislature.
(5) Encourage the construction of sewage disposal plants by municipalities and encourage
the construction of septic tanks and other proper methods of waste and sewage disposal
in rural and industrial areas.
(6) After the construction or major reconstruction of sewage disposal plants and attendant
facilities, and at least once every three years, and once in any 12-month period upon
petition by 10 or more people in interest from the municipality or an adjacent municipality,
inspect the facilities so constructed, and similar facilities constructed for the
purpose, to determine the efficiency of operation and maintenance, and submit a report
to the appropriate municipal officials.
(7) Foster and encourage recreational uses of the waters of the State and for this and
other purposes cooperate with municipalities of the State and with agencies of the
State concerned.
(8) Accept and acquire in the name of the State by purchase, gift, or donation property
rights in the waters of the State and facilities or improvements therein and for the
purposes aforesaid improve and maintain the same.
(9) Administer loans, grants, and contracts from the federal, State, and local governments
and from other sources, public and private, with the approval of the Governor, for
furthering the water resources program of the State as embodied in the statutes.
(10), (11) [Repealed.]
(12) Make available to any municipality in the State, to the extent funds are available,
assistance relating to surveys, studies, and plans for pollution abatement works.
(13) Undertake a continuing study and investigation of the groundwater in the State and
cooperate with other governmental agencies in collecting and compiling data relating
to the quantity, quality, and location of groundwater.
(14) Subject to the approval of the Governor, enter into contracts and agreements with
the United States as are considered necessary and advisable to provide, subject to
legislative authority, assurances of State and local cooperation when those assurances
are required by the United States for the purpose of providing protection against
floods under federal flood protection projects.
(15) In order to adequately protect the interests of the State in its water resources,
and subject to limitations of duties otherwise provided by law, cooperate with the
appropriate agencies of the federal and Canadian governments or of this or other states,
or any interstate bureau, group, division, or agency with respect to the use of water
from lakes and ponds, which are without or wholly or partially contained within this
State, and to endeavor to harmonize any conflicting claims that might arise therefrom.
(16) Assist municipalities in the development of water supplies and in the construction
of facilities for storage, distribution, and treatment of potable water supplies and
approve all plans for the construction of such facilities. The Department may provide
planning and engineering assistance as requested in matters relating to preliminary
surveys, studies, and plans, if such assistance is not otherwise available.
(17) Adopt in accord with the Administrative Procedure Act those rules necessary for the
proper administration of its duties.
(18) Study and investigate the wetlands of the State and cooperate with municipalities,
the general public, other agencies, and the Board in collecting and compiling data
relating to wetlands; propose to the Board specific wetlands to be designated as Class
I wetlands; issue or deny permits pursuant to section 913 of this title and the rules authorized by this subdivision; issue wetland determinations pursuant
to section 914 of this title; issue orders pursuant to section 1272 of this title; and in accordance with 3 V.S.A. chapter 25, adopt rules to address the following:
(A) The identification of wetlands that are so significant they merit protection. Any
determination that a particular wetland is significant will result from an evaluation
of at least the following functions and values which a wetland serves:
(i) provides temporary water storage for flood water and storm runoff;
(ii) contributes to the quality of surface and groundwater through chemical action;
(iii) naturally controls the effects of erosion and runoff, filtering silt, and organic
matter;
(iv) contributes to the viability of fisheries by providing spawning, feeding, and general
habitat for freshwater fish;
(v) provides habitat for breeding, feeding, resting, and shelter to both game and nongame
species of wildlife;
(vi) provides stopover habitat for migratory birds;
(vii) contributes to an exemplary wetland natural community, in accordance with the rules
of the Secretary;
(viii) provides for threatened and endangered species habitat;
(ix) provides valuable resources for education and research in natural sciences;
(x) provides direct and indirect recreational value and substantial economic benefits;
and
(xi) contributes to the open-space character and overall beauty of the landscape.
(B) The ability to reclassify wetlands, in general, or on a case-by-case basis.
(C) The protection of wetlands that have been determined under subdivision (A) or (B)
of this subdivision (18) to be significant, including rules that provide for the issuance
or denial of permits and the issuance of wetland determinations by the Department
under this chapter; provided, however, that the rules may only protect the values
and functions sought to be preserved by the designation. The Department shall not
adopt rules that restrain agricultural activities without the consent of the Secretary
of Agriculture, Food and Markets and shall not adopt rules that restrain silvicultural
activities without the consent of the Commissioner of Forests, Parks and Recreation.
(19) Cooperate with the agencies of the federal government and of the province of Quebec,
adjoining states, and states through which water from Vermont streams flow in all
matters relating to interstate streams.
(20) [Repealed.]
(21) Act as the Vermont Secretary of Natural Resources mentioned in the act of Congress,
entitled “An act authorizing the construction of certain public works on rivers and
harbors for flood control and for other purposes,” approved December 22, 1944. In
this connection, the Department shall carry out the policy of the State as defined
by section 1100 of this title. (Added 1981, No. 222 (Adj. Sess.), § 11; amended 1983, No. 173 (Adj. Sess.), § 1; 1985, No. 188 (Adj. Sess.), § 3; 1987, No. 76, § 9; 1989, No. 88, § 1; 1997, No. 51, § 1; 1997, No. 137 (Adj. Sess.), § 2, eff. July 1, 1999; 2001, No. 143 (Adj. Sess.), § 55; 2003, No. 115 (Adj. Sess.), § 17, eff. Jan. 31, 2005; 2009, No. 31, §§ 4, 14(b); 2011, No. 138 (Adj. Sess.), § 20, eff. May 14, 2012; 2023, No. 53, § 13, eff. June 8, 2023; 2023, No. 85 (Adj. Sess.), § 5, eff. July 1, 2024.)